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File #: RS-21-104    Version: 1 Name: 21-01AB
Type: Resolution Status: Passed
File created: 7/2/2021 In control: City Council
On agenda: 7/27/2021 Final action: 7/27/2021
Title: Consider a memorandum/resolution approving the abandonment of a .057-acre, ten-foot-wide utility easement affecting the property currently recorded as Tract 'A' and Lots 10-13, Block 1, Gardens at Jasper Heights. The easement is located east of Jasper Garden Court, Killeen TX, 76541.
Sponsors: Development Services
Attachments: 1. Staff Report, 2. Map, 3. Exhibit A, 4. Quitclaim Deed, 5. Presentation
TITLE
Consider a memorandum/resolution approving the abandonment of a .057-acre, ten-foot-wide utility easement affecting the property currently recorded as Tract 'A' and Lots 10-13, Block 1, Gardens at Jasper Heights. The easement is located east of Jasper Garden Court, Killeen TX, 76541.

SUMMARY

DATE: July 20, 2021

TO: Kent Cagle, City Manager

FROM: Tony McIlwain, Executive Director of Development Services

SUBJECT: Case #21-01AB: Request for abandonment of .057-acre, ten-foot-wide utility easement affecting the property currently recorded as Tract 'A' and Lots 10-13, Block 1, Gardens at Jasper Heights

BACKGROUND AND FINDINGS:

TANB, L.L.C. submits this request for the abandonment of a utility easement granted to the City of Killeen and recorded via a separate instrument in Volume 825, Page 290 of the Bell County Public Records. The recorded instrument grants a .057-acre, ten-foot-wide utility easement in gross and was recorded on April 20, 1961. The attached Exhibit A illustrates the location of the easement.

The property is currently platted as Gardens at Jasper Heights. During the platting of this subdivision, it was determined that the six-inch sewer line in the easement was to be removed and placed into another platted easement to develop this subdivision. The sewer line has been removed and the applicant is asking for the abandonment of the easement to facilitate the development of Lots 10-13.

The property where the easement is located is along the north right-of-way of E. Mary Jane Drive and to the east of Jasper Garden Court. The .057-acre, ten-foot-wide utility easement runs north to south in Tract 'A' and Lots 10-13, Block 1 of the subdivision. Staff has notified other City departments and franchise utility providers and has received no objections to the applicant’s abandonment request.

THE ALTERNATIVES CONSIDERED:

The City Council has two (2) alternatives. The Council may:

§ Disapprove the applicant’s request for abandonment o...

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