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City Council |
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Agenda Request |
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Agenda Of: |
11-06-07 |
Agenda Request
No: |
VII C |
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Initiated By: |
Clayton E.
Taylor, ROW Manager |
Responsible
Department: |
Public Works |
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Presented By: |
Michael Leech,
Assistant Director of Public Works |
Department
Head: |
Mike Hobbs,
Director of Public Works |
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Additional
Department. Head (s): |
N/A |
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Subject /
Proceeding: |
methodist
hospital Public drainange easement Enact ordinance
No. 1653 formally abandoning easement |
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Exhibits: |
Map Ordinance |
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Clearances |
Approval |
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Legal: |
Eugenia Cano,
Assistant city attorney
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Executive
Director: |
N/A |
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Purchasing: |
N/A |
Asst. City
Manager: |
Karen Glynn |
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Budget: |
N/A |
City Manager: |
Allen Bogard |
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Budget |
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Expenditure
Required: $ |
N/A |
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Amount
Budgeted/Reallocation: $ |
N/A |
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Additional
Appropriation: $ |
N/A |
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Recommended
Action |
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The Public Works Department recommends City Council enact Ordinance No. 1653 to abandon a portion (1.1179 acres) of a 50-foot storm sewer easement. |
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Executive
Summary |
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Sugar Land Methodist Hospital has requested that the City abandon a portion (1.1179 acres) of a 50-foot drainage easement located on the site of the hospital’s current building expansion program. Previously, the City worked with Methodist in relocating a sanitary sewer easement. These efforts were made to increase the amount of property available on which the facility could more efficiently develop. In all easement
abandonment cases, the City requires the developer to dedicate a new easement
to the City prior to abandonment of the old. We also require that the
developer install or construct any mitigation measures necessary to offset
the impact of the proposed abandonment.
Methodist
officially dedicated a new (1.4759 acre) 50-foot drainage easement to the
City to replace the easement proposed for abandonment on October 23,
2007. Methodist also constructed new
storm sewer lines within the new easement to ensure that the drainage for the
site continues to work properly. The
original box culverts are now permanently out of service. The new box
culverts are now operating properly and convey all flow that was previously
conveyed by the original culverts. Public Works staff has
completed its review of the proposal to abandon a portion of the storm sewer
easement. The Development Review
Committee (DRC) including representatives from Engineering and Utilities
departments have determined that the proposed abandonment will not hinder
either maintenance or operation of the public infrastructure. The new easement was also assessed and
determined that it will not conflict with any future City utility needs in
the area. Based on the findings of our
review, the Public Works department has no objection to the proposed
abandonment. The Public Works Department
recommends City Council enact Ordinance No. 1653 to formally abandon a
portion (1.1179 acres) of a 50-foot storm sewer easement. The existing
culverts will be removed upon formal abandonment. |
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Exhibits |
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ORDINANCE NO. 1653
AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, ABANDONING AND RELEASING A BOX CULVERT, STORM SEWER AND SANITARY SEWER EASEMENT.
WHEREAS, by instrument dated October 21, 1996, and recorded under Clerk’s File Number 9669554 of the Official Public Records of Fort Bend County, Texas, Sugarland Properties Incorporated conveyed to the City of Sugar Land a box culvert and storm sewer easement within that certain tract containing 1.6109 acres (the Easement); and
WHEREAS, the habendum clause of the Easement also refers to the easement as a sanitary sewer line easement; and
WHEREAS, the Methodist Sugarland Hospital Amending Plat in the S.M. Williams Survey, A-97 recorded as Plat No. 20060200 in the Fort Bend County, Texas Plat Records refers to the Easement as a 50-Feet Drainage and Sanitary Sewer Easement; and
WHEREAS, the abutting property owner, The Methodist Hospital, has requested the City to abandon and release its rights in the Easement; and
WHEREAS, on September 20, 2007 The Methodist Hospital granted a 50’ easement to the City for storm and sanitary sewer purposes; and
WHEREAS, the City no longer needs the Easement; and
WHEREAS, the City has determined that the Easement has no value to the City, and;
WHEREAS, section 272.001(b) of the
Local Government Code exempts the City from the sale and exchange requirements
for notice and bidding in transactions with the abutting property owner if that
owner owns the underlying land in fee simple, and;
WHEREAS, the City Council has determined that abandoning the Easement is in the public interest, NOW THEREFORE;
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF
SUGAR LAND, TEXAS:
Section 1. That it abandons and releases all rights or claims of the City of Sugar Land, Texas to the Easement as described by metes and bounds on Exhibit A and shown on Exhibit B, attached to and incorporated into this ordinance by reference.
APPROVED on first consideration on ______________, 2007.
ADOPTED upon second consideration on ___________, 2007.
_____________________
David Wallace, Mayor
ATTEST:
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Glenda Gundermann, City Secretary
Reviewed for Legal Compliance:
Attachments: Exhibit A – Metes and Bounds description
Exhibit B – Rendering of Easement Dated 05/24/07
EXHIBIT “A”
EXHIBIT “B”