ORDINANCE approving an Easement Conveyance to UNION PACIFIC RAILROAD for purposes of maintaining, operating, and repairing railroad tracks over, under, and across a 0.4124 acre (17,964 square feet) tract of land situated in the John Brown Survey, A-8, Houston, Harris County, Texas - DISTRICTS B - DAVIS and H - GONZALEZ

SUBJECT:  AN EASEMENT CONVEYANCE TO UNION PACIFIC RAILROAD FOR PURPOSES OF MAINTAINING, OPERATING, AND REPAIRING RAILROAD TRACKS OVER, UNDER, AND ACROSS A 0.4124 ACRE (17,964 SQUARE FEET) TRACT OF LAND SITUATED IN THE JOHN BROWN SURVEY, A-8, HOUSTON, HARRIS COUNTY, TEXAS. Parcel AY16-014, WBS No. N-000797-0001-3.

RECOMMENDATION:  (Summary)  An Ordinance approving an Easement Conveyance to Union Pacific Railroad for the purpose of maintaining, operating, and repairing railroad tracks over, under, and across City property. Parcel AY16-014.

SPECIFIC EXPLANATION:  Many years ago, Union Pacific Railroad (“UPRR”) installed several railway lines that now cross Market Street in the City of Houston (the “City), specifically, a 0.4124 acre (17,964 square feet) tract of land situated in the John Brown Survey, A-8, Houston, Harris County, Texas (the “Property”).  It is unclear to what extent the street was in existence at the time of installation.  UPRR has been maintaining, operating and repairing the railway lines since the lines’ installation, and the City has never objected to the presence or operation of the railway lines.  Though the railway lines have existed many years, there is no recorded easement allowing UPRR to traverse the Property.  The City is now planning to begin its Market Street Drainage and Paving Project (from McCarty to Wayside), a Street & Traffic Capital Improvement project (CIP), which will impact the Property.  It will be a benefit to the City and UPRR if the City grants UPRR an easement conveyance for the purpose of maintaining, operating and repairing the railroad tracks over, under, and across the Property thereby memorializing each entity’s rights.  The value of the parties establishing their relative rights in the Property meets or exceeds the monetary value of the easement so no payment is required. 

Ravi Kaleyatodi, P.E., CPM

Phone:  (832) 395-2326