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HomeMy WebLinkAbout865-OB DATE: March 21, 2016 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request to abandon a portion of a 20' waterline easement, Beaumont, Jefferson County, Texas. FILE: 865-OB STAFF REPORT The Planning staff recommends approval of the request. The State of Texas has acquired land for the purpose of widening the Major Drive right-of-way and roadway. The City of Beaumont has an existing 20' waterline easement, formerly located on private property, which is now left in the right-of-way and poses an obstacle to the proposed improvements. A new waterline easement has been created to accommodate the City utilities. A request has been made to abandon that portion of the original easement that is now located in the right-of-way. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES All that certain tract of land lying and being situated in Jefferson County, Texas, part of the SAMUEL STIVERS SURVEY, ABSTRACT NO. 51, and being a part of that certain tract of land herein referred to as the “1.148 acre” tract, which said 1.148 acre tract is described in that certain instrument from Mickey Phelan B Land L.P. to the State of Texas, acting by and through the Texas Transportation Commission, and recorded in County Clerks File No. 2002006640 of the Official Public Records of Jefferson County, Texas and also being a part of that certain 5.124 acre tract of land herein referred to as the “5.124 acre” tract, which said 5.124 acre tract is described in that certain instrument, describing a twenty foot wide easement, from J.H. Phelan, et al to the City of Beaumont and recorded in Volume 1900, Page 227 of the Deed Records of Jefferson County, Texas with the said herein described tract being more particularly described as follows: BEGINNING at a Texas Highway Department Type II right of way monument found at the intersection of existing East right of way line of F.M. Highway 364 and the northwesterly right of way line of Interstate Highway 10 and being in the southwesterly line of said 5.124 acre tract and being the South corner of said 1.148 acre tract; THENCE in a northwesterly direction with the southwesterly line of said 1.148 acre tract, being the former northwesterly right of way line of Interstate Highway 10, and the southwesterly line of the said 5.124 acre tract along a curve with a central angle of 26°43’34” to the right, with a radius of 485.87 feet for a distance of 226.64 feet to an iron rod found at the intersection with the former East right of way line of F.M. Highway 364 and being the southwest corner of said 1.148 acre tract, the chord for said curve being North 32°41’01” West and 224.59 feet in length; THENCE North 02°35’53” West along and with the said former East right of way line of said F.M. Highway 364, being the West line of said 1.148 acre tract and the west line of said 5.124 acre tract for a distance of 335.17 feet to a iron rod found for an angle point; THENCE North 02°40’38” West continuing with said former East right of way line of F.M. Highway 364, being the West line of said 1.148 acre tract and the west line of said 5.124 acre tract for a distance of 254.57 feet to a Texas Highway Department Type II right of way monument found for the North corner of said 1.148 acre tract and the North corner of the herein described tract; THENCE in a southeasterly direction along and with the existing southwest right of way line of F.M. 365 being the East line of said 1.148 acre tract and being in a curve to the left with a central angle of 06°53’28” and a radius of 2789.79 feet, for an arc distance of 335.53 feet to a point for corner at the intersection with the east line of said 5.124 acre tract, the chord of said curve being South 06°04’39” East and 335.32 feet in distance; THENCE South 02°35’53” East along and with the East line of said 5.124 acre tract, being 20 feet perpendicular distance East from said former East right of way line of F.M. Highway 365, being the West line of said 1.148 acre tract, for a distance of 252.07 feet to a point of curvature of a non-tangent curve with a central angle of 21°12’24” to the right, with a radius of 465.87 feet; THENCE along and with said curve to the left, and being 20 feet parallel northeastward from the said southwesterly line of said 1.148 acre tract and being the northeasterly line of said 5.124 acre tract, for an arc distance of 172.43 feet, the chord for said curve being South 30°16’54” East and 171.45 feet in length to a point in the East line of said 1.148 acre tract; THENCE along and with the East line of the said 1.148 acre tract and being in a non-tangent curve with a central angle of 00°58’16” to the right, with a radius of 2789.79 feet, an arc distance of 47.29 feet and a chord distance of 47.28 feet which bears South 18°28’16” East back to the Point of Beginning and containing 0.259 acres of land. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: City of Beaumont Public Works Department PROPERTY OWNER: State of Texas LOCATION: Major Drive near Interstate 10 south EXISTING ZONING: GC-MD (General Commercial - Multiple Family Dwelling District) PROPERTY SIZE: 0.259 acres, more or less EXISTING LAND USES: Waterline easement FLOOD HAZARD ZONE: “X” - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant GC-MD (General Commercial - Multiple Family Dwelling District) EAST: Vacant GC-MD SOUTH: Major Drive none WEST: Major Drive none COMPREHENSIVE PLAN: Interstate 10 south/Major Drive Regional Center STREETS: Major Drive - Major Arterial with a 100' wide right-of-way and a 26' pavement width. DRAINAGE: Open ditch WATER: 20” water line SANITARY SEWER SERVICE: none