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Home My WebLink AboutPO 5311:ABANDONING EASEMENTCOUNCIL ACTION MEMO PUBLIC WORKS DEPARTMENT TO FROM SUBJECT DATE Steve Fitzgibbons, City Manager Leslie E. McMahen, P.E. Director of Public Works P.O. No. 5311 February 4, 2003 RECOMMENDATION I recommend that the City Council approved Proposed Ordinance No. 5311 which would abandon and vacate two {2) utility easements in the Lake Arthur Village Subdivision and accept the dedication of two {2) new easements of the same total width. BACKGROUND Robert E. Vensel, Jr. andMary A. Vensel, the current owners of Lots 6, 7 and 8, Block 1, Lake Arthur Village wish to sell said property to Karl Huckaby who in turn plans to build a house on said property that will necessitate the relocation of two (2} utility easements on these lots, as well as the relocation of a water line and an electric power line. The Vensels have agreed to dedicate two (2) new easements to take the place of the existing easements, and Mr. Huckaby understands that he would be responsible for the relocation of a City water line at an estimated cost of $4,139.30 and an Entergy electrical power line at an estimated cost of $2,448.06. All utility companies were notified of the proposed abandonment of the two (2) existing easements and dedicatiOn of the two {2) new ones, with none having any objections save and except the City and Entergy wanting Mr. Huckaby to pay for relocation of existing utility lines at the appropriate time. The replat dedicating the new eascments will not be fried until Mr. Huckaby has deposited the funds for the relocation costs with the City. The process of vacation and abandonment of the two (2) easements is being handled in compliance with Article V of Chapter 18 of the Code of Ordinances. BUDGET/FISCALEFFECT None. STAFFING/EMPLOYEE EFFECT City crews will relocate the water line to the new easements. SUMMARY I recommend that the City Council approved Proposed Ordinance No. 5311 which would abandon and vacate two (2} utility easements in the Lake Arthur Village Subdivision and accept the dedication of two {2) new easements of the same total width. Leslie E. McMahen, P:E. Director of Public Works LEM/vkl file c: \cams\easement P.O. No 5311 January 24. 2003 I_.EM ORDINANCE NO. AN ORDINANCE ABANDONING AND VACATING THE TEN (10') FOOT-WIDE UTILITY EASEMENT ACROSS THE MOST WESTERLY SIDE OF LOT 7 AND THE FIVE (5') FOOT WIDE UTILITY EASEMENT ACROSS TiCIF. MOST EASTERLY SIDE OF LOT 8 IN BLOCK 1, LAKE ARTHUR VILLAGE SUBDIVISION IN PORT ARTHUR; ACCEPTING THE DEDICATION OF REPLACEMENT EASEMENTS AND PROVIDING FOR TBE. EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, under Vemon's Annotated Civil Statues Article 1175, Section 18, and Article I Section 7 of the City of Port Arthur, the City has the power to vacate and abandon streets, public mad right-of-ways, alleys, and easements, subject to the restrictions imposed by Section 65.015 Texas Civil Practice and Remedies Code and Section 2 of Article 4646a as preserved by Section 3.11 of Article 5429-b, Texas Revised Civil Statues (now Section 311.031 Texas Government Code); and, WIHt. REAS, Robert E. Vensel, Jr. and Mary A. Vensel are the owners of Lots 6, 7 and 8, Block 1, Lake Arthur Village and wish to sell said property to Karl Huckuby for the construction of a building that would be located upon a portion of existing dedicated public utility easements; and, WI~.REAS, a replat of owner's tract of land has been submitted to the City of Port Arthur's Planning Depm iment wherein a fifteen (15) foot-wide public easement will be dedicated in exchange for the abandonment and vacation of the existing five (5') foot-wide dedicated easement that is adjacent to the most easterly line of LOt 8 and the ten (10') foot-wide dedicated casement that is adjacent to the most westerly line in Lot 7, Block 1, Lake Arthur Village Subdivision; and, WHEREAS, Karl Huckaby is aware that he will be required to reimburse the City of Port Arthur for the relocation ora 6" water service line located within the ten (10') foot wide easement, the estimated amount being Four Thousand, One Hundred Thirty-nine and 30/100 Dollars ($4,139.30); and, Page2 P. 0.5311 1/24/03 WHEREAS, Carl Huckaby is aware he must pay the City in advance for payment to be made by the City to Entergy Gulf States, Inc. for the relocation of Entergy Gulf States facilities that are located within the five (5') foot-wide easement, the total cost being Two Thousand, Four Hundred Forty-eight and 06/100 Dollars ($2,448.06); WHi~REAS, the City Council has reviewed the request and found it to be in the best interest of the public to grant Robert E. Vensel, Jr. and Mary A. Vensel's request; and, WHEREAS, the Planning and Zoning Commission has recommended the vacation and abandonment of the two (2) easements and the acceptance of the new easements to be granted by replat, and has stated all nthcr requ/rements of Article V (Abandoning and Vacating Streets, Alleys and Easements, etc.) Of Chapter 94 (Streets, etc.) of the City Code of Ordinances have been satisfied except as follows: 1. $200.00 Administration fee; 2. Public Hearing; 3. Appraisal of land value; and WI~REAS, the follo~'~.~ng facts justify waiver of the requirements not satisfied: 1. The timely abandonment and vacation of existing easements and the granting of neW casements will allow development to occur upon this undeveloped tract. 2. The abandonment and vacation of existing easements and new easements to be granted are acceptable to the City and all Public Utility companies; 3. The property through which the existing easements are to be abandoned and vacated, and the new easements arc to be granted is under the sole ownership of Robert E. Vensel, ,Ir. and Mary A. Vensel. WHEREAS, the City Council finds there is sufficient justification as set out above for waiving the above Page 3 P.O. 5311 1/24/03 described requirements which have not been satisfied and said requirements are waived, and all other applicable ordinances and laws have been satisfied: now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT, ARTHUR TEXAS: Section 1. That the following described public utility easements in the City of Port Arthur, Texas be and are hereby abandoned and vacated as to all rights for the purpose of the installation of public utilities, to-wit: Tr~ I Being the most westerly ten (10') f~t of Lot 7, Block 1, Lake Arthur Village Subdivision as the same appears upon the Map or Plat thereof, on file and of record in Vol. 14, Page 92, Map Records of Jefferson County, Texas. Tract II Being the most easterly five (5') feet of Lot 8, Block 1, Lake Arthur Village Subdivision as the same appears upon the Map or Plat thereof, on file and of record in Vol. 14, Page 92, Map Records of Jefferscn County, Texas. Provided, however, the foregoing abandonment and vacation of the above easements shall not be effective unless and until the replacement easements described in Section 2 below have been dedicated by replat and the replat has been filed for record and finally approved and accepted by the proper City authorities. Section 2. That in exchange for the abandoning and vacating of the five (5') foot-wide utility easement in Lot 8, Block 1, Lake Arthur Village Subdivision and the ten(10') foot -wide utility easement in Lot 7, Bleck 1, Lake Arthur Subdivision the Planning Depmtment is hereby authorized to approve the replat as prescmed by Robert E. Vensel, Jr. and Mary A. Vensel wherein a fifteen (15') foot-wide utility casement is granted, described as Tracts III and IV as follows: Page4 P.O. 5311 1/24/03 Tract III Being the most westerly ten (10')feet of Tract 6-A of the replat of Lots 6, 7 and 8, Blockl, Lake Arthur Village Subdivision as shown on the drawing of the proposed plat attached hereto, marked Exhibit "A". Tract IV ~ Being the most easterly five (5') feet of Tract 8-A of the replat of Lots 6,7 and 8, Block 1, Lake Arthur Village Subdivision as shown on the drawing of the proposed plat attached hereto, marked Exhibit "A". Section 3. The replat for the new easements shall not be filed until Karl Huckaby has deposited with the City funds in the amount of $6,587.36 for the relocation of the above referenced utilities. Section 4. This being an Ordinance not requiring publication it shall be in full force and effect from and after its passage. Section 5. A certified copy of this Ordinance shall be filed for record in the office of the County Clerk of Jefferson County, Texas. Section 6. If any portion of this Ordinance shall, for any reason be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof. REAl), AI}OPTEI), AND APPROVEI) this day of A.D., 2003 at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor ; councilmembers NOES: Mayor Pa~e 5 ATTEST: City Secretary APPROVED AS TO FORM City Attorney APPROVED FOR ADMINISTRATION: P. O. 5311 1/24/03 Steve Fitzgibbons City Manager Leslie E. McMahen, P. E. Director of Public Works Dale Watson Director of Planning AGREED TO:, K~r~l H~ek~b'y ' // ~ Robert E. VCnsel, Jr. / Mary A. V4nsel'x- ~ \ Wimess ~ 0 (,0 ~' ~ ~ ~ '] ,,C~,~,~,~,'S=tWd) · sv~ nL~n ,oL J < c~ J