Action approving Resolution No. 25-2147 releasing easement in document number 2008043815 | DQ

[Paul Roberts]

Dear Council Colleagues,

I sent Victor a few questions regarding this agenda item. Since there’s nothing in our packet for it, I asked Brad whether Charles could forward Victor’s response to the full Council. In light of the Texas Open Meetings Act (TOMA), Brad recommended that we share it here instead.

From: Victor Manzano
Sent: Tuesday, August 19, 2025 5:57 PM
To: Paul Roberts
Cc: Shane Saum; Norma Owen; Ernesto Rios; Charles West
Subject: RE: City Council Agenda Item No. 10E - FYI


Councilman Roberts,

Thanks for sending this over. Hopefully, I’m able to address any concerns you may have.

To give you some background, this property is located at the site where the proposed Dairy Queen is planned. Please note, this is not a full drainage release it is a drainage easement relocation. The developer is requesting to reroute the drainage piping because the existing drainage easement runs under their proposed building footprint.

Below is a list of items I’ve submitted on the government online portal that should be noted as part of the acceptance:

• Final comments must be addressed. The existing drainage easement, which is not being modified, should be clearly shown tying into the proposed drainage realignment. This ensures continuity and clarity of the overall drainage system.
• Include verbiage stating that any concrete work located within the drainage easement will be repaired at the owner's expense if access is required for storm drainage maintenance or repair.

Here is a snippet of the exhibit for your reference.

Public Work doesn’t see any issues with relocating this easement but if there are any additional questions or concerns please feel free to reach out.

 

[Adam Benefield]

Thank you for sharing sir.

 

[Paul Roberts]

Sharing:

From: Victor Manzano
Sent: Thursday, August 21, 2025 10:29 AM
To: Paul Roberts; Charles West; Ernesto Rios
Subject: RE: Lot F & G Drainage Easement Release and Relocation


Councilman Roberts,

Assuming Mr. Stewart is referring to Lots G & H, I completely agree without this easement relocation, these lots cannot be developed. I really appreciate you sending this over; having this kind of institutional knowledge about CEFCO and CVS is extremely helpful.

One additional point I’d like to note regarding the Dairy Queen development is that the stormwater runoff from that site would not contribute to the capacity of the storm line being relocated. In fact, it would help reduce the stormwater flow through the piping that crosses Dodge Trail, as their runoff would be managed through a separate system that ultimately discharges into the water quality pond located behind Ace Hardware.

Thanks,

Victor Manzano


From: Paul Roberts <CouncilPlace5@lagovistatexas.gov>
Sent: Thursday, August 21, 2025 9:08 AM
To: Charles West; Victor Manzano; Ernesto Rios
Subject: FW: Lot F & G Drainage Easement Release and Relocation


Good morning, Victor.

You responded to my enquiries yesterday concluding, “Public Works doesn’t see any issues with relocating this easement …”

Is there anything in Dave’s email below that changes your position from yesterday? Thanks for confirming.

Thank you,

Paul Roberts


From: Dave Stewart
Sent: Thursday, August 21, 2025 6:27 AM
To: Paul Roberts <CouncilPlace5@lagovistatexas.gov>; Shane Saum <CouncilPlace1@lagovistatexas.gov>; Norma Owen <Councilplace4@lagovistatexas.gov>; Paul Prince <CouncilPlace6@lagovistatexas.gov>; Adam Benefield <Councilplace2@lagovistatexas.gov>; Rob Durbin <CouncilPlace3@lagovistatexas.gov>; Kevin Sullivan <Mayor@lagovistatexas.gov>; Charles West <Charles.West@lagovistatexas.gov>

Subject: Lot F & G Drainage Easement Release and Relocation

The proposed drainage easement relocation for Lots F & G at the Town Center complex was suggested by city staff in 2007 but was not installed because it would have cost the developer additional upfront money.

Since then, a bank and Taco Bell tried to buy the lots but lost interest when the drainage easement relocation issue came up. You have to move the easement in order to have a drive thru for any business that needs one since you cannot put a building slab over a drainage easement. BTW, City staff did inform the developer of this exact issue in 2007.

This drainage easement request should be granted as it is in the best interest of both the landowner and the city residents.

Some background information:

• CEFCO is built on 26' of fill. The lot used to be a holding pond during heavy storms and feeds into this drainage easement.
• CVS is built on 16' of fill and used to be a holding pond during storms and feeds into this drainage easement.
• The concrete channel on the FM1431 side of CVS receives storm runoff from the SW corner of FM 1431 & Lohmans Ford Road (where the old boat place used to be) which also enters this easement through a tabletop stormwater inlet located in the FM 1431 ROW.
• The discharge for this storm water piping exits near the driveway to Ace Hardware on Dodge Trail and has been seen running at not more than 75% capacity during heavy rainstorms over the last 15 years. The storm water piping system was designed in 2009 to accept water from Lots F & G buildings/parking lots without going over capacity and that is probably still true today.

Best regards,

Dave Stewart