Title
Consider/Discuss/Act on a Custer Easement Partial Release
Summary
MEETING DATE: May 6, 2014
DEPARTMENT: Engineering
CONTACT: Mark Hines, P.E., Director of Engineering
RECOMMENDED CITY COUNCIL ACTION:
· Approval of partial release of easement.
ITEM SUMMARY:
· The property in question is at the Northeast corner of Custer and Eldorado.
· Three separate easements, two to the City of McKinney and one to the City of Frisco, have been dedicated on the same portion of the property. One of the easements calls for exclusive rights.
· The property is about to develop and the developer requested that the potential conflict be resolved.
· It is recommended that the City of McKinney partially release its exclusive rights easement while retaining all of the rights granted by the non exclusive rights easement.
BACKGROUND INFORMATION:
· In December to 2001 the property owner granted an exclusive sewer and drainage easement to the City of McKinney, specifically stating that no rights could be granted to any other entity for the same property.
· In May of 2002 the owner granted a sewer and drainage easement with the same legal description to the City of Frisco, in violation of the previous easement.
· In November of 2002 the owner granted a sewer and drainage easement with the same legal description to the City of McKinney without any exclusive language.
· The easement currently contains a City of Frisco sewer line, a metering station, and a City of McKinney sewer line.
FINANCIAL SUMMARY:
· NA
BOARD OR COMMISSION RECOMMENDATION:
· NA