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HomeMy WebLinkAboutORD 21-006ORDINANCE NO. 21-006 ENTITLED AN ORDINANCE VACATING AND ABANDONING A 250' X 20' WIDE UTILITY EASEMENT INCLUDING AN EXISTING SEWER LINE IN LOTS 2 THROUGH 11 IN BLOCK 12 OF THE CALDER ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Fittz and Shipman, on behalf of Munro's Cleaners has applied for the abandonment of a 250' X 20' utility easement including an existing sewer line in Lots 2 through 11 within Block 12 of the Calder Addition, being a 250' X 20' utility easement located within Block 12 of Calder Addition, City of Beaumont, Jefferson County, Texas, containing 0.115 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the easement is no longer necessary for municipal utility purposes and the abandonment of said easement is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT 250' X 20' utility easement including an existing sewer line in Lots 2 through 11 within Block 12 of the Calder Addition, being a 250' X 20' utility easement located within Block 12 of Calder Addition, City of Beaumont, Jefferson County, Texas, containing 0.115 acres, more or less, as shown on Exhibit "A" attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2"d day of February, 2021. APPLICATION FOR RIGHT-OF-WAY Revised 11r2019 OR UTILITY EASEMENT ABANDONMENT CITY OF BEAUMONT, TEXAS THIS IS AN APPLICATION TO ABANDON A: RIGHT-OF-WAY (ROW), UTILITY EASEMENT (UE) OR ABANDON A RIGHT-OF-WAY BUT RETAIN A UTILITY EASEMENT. NAME OF APPLICANT: Fit-tz '& Shipman,- Inc. PHONE: 409-832-7238 FAX: 409-832-7303 AUTHORITY OF APPLICANT:. Owners - Repres.entative NAME OF OWNER: ..,Munro _s, Inc. PHONE: 4 0 9- 8 3 2-141.7 FAX: ADDRESS: 301 NE MLK. Parkway ALL OWNERS ABUTTING THE ROW OR UE MUST SIGN WRI-ITENREQUEST. (PLEASE ATTACH PROPERTY OWNER'S LIST TO THE APPLICATION), Attached DESCRIPTION OF ROW OR UE TO BE ABANDONED: PRESENT USE OF ROW OR UE (LIST UTILITIES IF PRESENT) - Alley betweeg two buildings AT&T -Cables ATTACH A LETTER STATINGTHE REASONS FOR THE ABANDONMENT. LEGAL DESCRIPTION OF PROPERTY: LOT NO: 2 through 11 OR TRACT BLOCK NO. 1 2 - PLAT ADDITION Caldet SURVEY — ATTACH AMAP ORPL•AT.DELINEATING THE PUBLIC ROW ORUE-TO BE ABANDONED AND THE LEGAL DESCRIPTION OFF ADJACENT PROPERTY (DEviENSIONED. AND TO ENGINEERING SCALE). .-ATTACH THE $300.00 APPLICATION riE, ;,.THE ACTUAL COST OF NECESSARY. APPRAISALS AND TITLE. COMMITMENTS. IF PROPERTY IS ABANDONED, APPRAISED VALUE OF THE FEE INTEREST IN THE PROPERTY SHALL BE CHARGED. TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND CORRECT.. SIGNATURE. OF 11-25-2020 APPLICANT: DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT �PLANNING DIVISION FILE NUMBER:- ` 4 6 ' G2 801 MAIN STREET; SUITE 201- BEAUMONT; TX 77701 DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 Exhibit "A" APPLICATION FOR PUBLIC RIGHT -OF -WAX, ALLEY OR UTILITY EASEMENT ABANDONMENT .Application Ownership List Date: November 25, 2020. We, the undersigned, being the sole owners of all the property abutting the proposed abandonment. of utility -easement in Lots 2 through 1-1, inclusing, in Block 12 of the . Calder Addition ;hereby respectfullypetition that the right-of-way, alley, or utility easement be closed and abandoned. OWNER and ADDRESS Lot Block Addition (tract) (tax plat) .. (survey) Munr.o's, inc. 2-11 12 Calder i NOTE: PIease.pxint or type your name and then use signature: Separate sheets may be used, 4 Please note that if the PIanning Commission votes t6 recommend approval of the abandonment, an . -appraisal and Title, Commitment for the property to'be abandoned must be made at the applicants expense and submitted to the.Planning office. In addition,. proof must be submitted that payment . in the amount of the appraised value has been arranged. Once these items are submitted, the item will be placed on City Councils -agenda for final consideration. Fittz&Shipman INC. Consulting Engineers and Land Suiveyws..: Ronald D. Fitt4 P.E.; R.P.LS. (1948-1987) Bernardino D. Tristian, P.E., MO/Vice-President TerryG. Shipman,. P.E., Senior.Consultant Donald R. King, P:E./Secretary Daniel A. Dotson, P.E., President/rreasurer Mitch erackin, RPIS November 25, 2020 Planning Commission City of Beaumont, Texas Re: Utility Easement Abandonment Planning Commission: Please: accept-this.request to abandon the Utility Easement that abuts Lots: 2-1 1-in Block 12 .of the Calder Addition ih.the City of Beaumont. The one -block area,that the easement encompasses entirelyconsists of Munros Cleaners operations._ It is an open area_between two buildings. that Munros occupys. Munros wishes to enclose thearea and create one building and needs to have the easement abandoned in order . to. build. Attached are the. survey,legal_ description and, aerial photo. Thank you -for your consideration. Respectfully submitted, Donald Burrell for the firm 1405 Cornerstone Court • Beaumont, Texas 77706 • (409).832-7238 • fax (409) 632-7303 Tx Board of Prof: Engineers Firm No. 116.0 o Tx Board.of Prof Land Surveyors Firm: No. 100186 MOAN TIEWS. SURVEY Munro Dry Cleaning Company Called 0.0449 Acres CCF No..2004042814 O.P.R.J.C.T. Martin Luther King Jr. Parkway TX 386 — .Spur C1 S 0340'01" E 140.00' 1N Iron Pipe Found N: 13,974,316.55' E: 3,514,300;02V Lot 2 Lot 11 0,117 Acres Lot 3• �3 U) D: �01. w oS��°r. N U Lot 10 Q. C) t 0 . . OD o��ne� `f �. °, OQ Ln °, o 'ohi °° tS �° br G\ 0 0 h.°� .Lot 4 r s; o�° aati`� °� w r Lot 9 00 o oc�o�g J cell G V Lot 5 L1 N 03'40'01" w -140.'00' Gulf Street - POB (a.public roadway) Nc 13,974,140.89' 9 E: 3,514,060.78' d : I, Mitchell Lee. Brockin, Texas Registered Professional Lond lSurveyor No. 5163, do hereby certify that I have made a -survey on the. ground of the property legally, described hereon, that the survey Is -correct, a and that there are: no discrepancies or conflicts, shortages in boundaries, Intrusions, protrusions, or $ overlapping of improvements,. or visible utility lines or roads- in place, except as shown hereon; .ond -that r; said property has access to and from o dedicoted public roadway, 'unless otherwise shown hereon. o Survey Dated: October A 2020 . Notes 1. This survey was completedwithout the bonefit `>� OF j i of a Title Commitment, and net all easements Q GISTfR �f 5 or servitudes, whether of .record or not, were A :'pE 8. y researched at the time'of this survey or shown �r 0 hereon. Mitchell lee Brackin v 2. Field Note Description of -even dote "'"""'•'... o accompanies this plat. <, ;ep 5163 P; 2 Subject Properly located in Flood Zone: '9f" 511R���\ z Community Panel No. 4485457 0620 C J FIRM Dated: OB/06102. Mitchell Lee Brackin Registered Professional Land Surveyor No. 51m Q:\PROJECTS\20117.o00o — Munros 301 and 399 N MLX\Sunby\20117.0000—SV_7iUa.dwg °cl 30; 2020 11i28am 0 Utility Easement Abandoment sHT. NO. 111AUR oft PROJECT Co> NAME: Munro Dry Cleaning Company S1 �+8+!reas°ndLandSrm>•yws 301 NonhMLKJr.Parkway 0 1405 CORNERSTONE COURT, BEAUMONT, TEXAS Beaumont, Texas _ 77701 PROJECT NO.. PH (409) 8327238 FAX (409) 83WW3 - 6 ,T.O.P;E,FIRMB1160 aT.X.L:S•FIR" fi1a0188 OCOPYRiGHT2020FI17ZdSHIPMAN,INC. DATE: Oct 30,2620 20117A000 - Lot 8 . �. POC qsz 1 i" Iron Pipe Found m Q7 N: 13.974,001.18' _ Lot 6j Lot 7 E: '3.514,069.73' E 0 0 0 S a, Line Table Line # I Direction Length - L1 NO3'40'01"W 20.00 Z2020.168: Request for .the abandonment of a utility easement. pplicant: Fittz & Shipman, Inca Location: 361 N. Martin Luther Kang.Parkway. 0 ion 9nn