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File #: 2011-0608    Version: 1 Name:
Type: Agenda Item Status: Approved
File created: 5/24/2011 In control: City Manager Office
On agenda: 5/24/2011 Final action: 5/24/2011
Title: Authorizing the City Manager to acquire and enter into a stormwater easement necessary for the Pflugerville Community Library expansion project, and approving a revised warranty deed removing prohibited uses associated with the acquisition of the library property in 2006.
Attachments: 1. Proposed Site Plan, 2. Drainage Easement Agreement, 3. Exhibit A, 4. Special Warranty Deed, 5. Exhibit A, 6. Agreement of Sale and Purchase

Title

Authorizing the City Manager to acquire and enter into a stormwater easement necessary for the Pflugerville Community Library expansion project, and approving a revised warranty deed removing prohibited uses associated with the acquisition of the library property in 2006.

 

Summary

The Pflugerville Community Library expansion was approved by the voters in 2008. Improvements associated with the expansion are proposed primarily to the southwest of the existing facility. Due to the lay of the land, the City of Pflugerville must acquire a stormwater easement to convey stormwater runoff that is discharged from a proposed detention pond as shown on the attached proposed site plan. A TxDOT permit will also be required since the outfall is into TxDOT right-of-way along FM 1825.

 

A restrictive covenant was established by the Pflugerville Community Development Corporation (PCDC) and the seller of the property in the area when the property for the library expansion was acquired in 2006. Given the extent to which zoning of General Business 1 (GB1) satisfactorily regulates the uses and manner in which the residual, privately owned property may be developed, Mr. Ed Fleming has requested that the prohibited uses be rescinded from the restrictive covenant as exhibited by the revised warranty deed prepared by the City Attorney. As a matter of reference, the original document is attached behind the proposed document.

 

Prior City Council Action

This item was discussed on February 22, 2011.

 

Deadline for City Council Action

Staff requests approval on May 24, 2011.

 

Projected Future City Council Action

None regarding this issue.

 

Fiscal Impact

Expenses associated with the acquisition of the easement will be borne by the general obligation bonds funding the library expansion.

 

Staff Recommendation

Staff recommends approval of this item.

 

Drafter

Trey Fletcher, AICP

Managing Director of Operations