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File #: ORD-0016    Version: Name: Release and vacation of utility easement
Type: Ordinance Status: Mayor's Office
File created: 10/12/2010 In control: Planning Dept
On agenda: 10/26/2010 Final action: 10/26/2010
Title: Approving an ordinance on second reading with the caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS, AUTHORIZING THE RELEASE AND VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT ESTABLISHED IN TRAVIS COUNTY DOC. NO. 2003211530; CONSISTING OF 0.50 ACRES OF LAND OUT OF THE THOMAS G. STUART SURVEY NO. 6, ABSTRACT NO. 689 IN PFLUGERVILLE, TX (VAC1009-01); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Attachments: 1. Petition to Vacate PUE, 2. Easement Vacate Exhibit, 3. HP D-2 Easement Vacation.pdf
Title
Approving an ordinance on second reading with the caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS, AUTHORIZING THE RELEASE AND VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT ESTABLISHED IN TRAVIS COUNTY DOC. NO. 2003211530; CONSISTING OF 0.50 ACRES OF LAND OUT OF THE THOMAS G. STUART SURVEY NO. 6, ABSTRACT NO. 689 IN PFLUGERVILLE, TX (VAC1009-01); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
 
Summary
A 25-ft. Public Utility Easement (PUE) recorded in Document No. 2003211530 extends approximately from Walnut Canyon Blvd. to the northern boundary of the Highland Park subdivision. The subject of the request is to vacate the portion of this easement from Niobrara River Drive to the northern subdivision boundary as depicted on the petition exhibit. In 2007 the developer requested an amendment to the Highland Park ALUR which among other components, amended the subdivision design and relocated alley segments that were previously planned to contain the easement. Recognizing the incompatibility of the approved design in relation to the extent of the easement, the developer has realigned the easement westward from Niobrara Drive to the west side of Kingston Lacy Blvd. and terminating at the northern subdivision boundary.
 
The existing portion of the easement north of Niobrara River Drive which consists of 0.50 acres was intended to contain a utility service gas line, but does not currently contain any utilities according to the received utility releases. Through the establishment of a realigned easement, the northern portion of the existing PUE is no longer needed and the developer has requested a vacation of the 0.50 acre portion of the easement. The Planning Department concurs with this request as it will prevent potential conflicts with the planned residential lots associated with Highland Park Phases D-2 and D-3.
 
Prior City Council Action
The ordinance was approved as presented on first reading on October 12, 2010.
 
Staff Recommendation
Staff recommends the 0.50 acre portion of the easement to be vacated based on the received utility releases and the realigned easement.
 
Drafter
Trey Fletcher, Managing Director of Operations
 
Versions
1. October 12, 2010
2. October 26, 2010