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Home My WebLink About860-OBDATE: September 21, 2015 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request to abandon 0.0781 acre portion of a general utility easement. FILE: 860-OB STAFF REPORT The Planning staff recommends approval of the request. Anthony M. Leger of Soutex Surveyors & Engineers is requesting an abandonment of the general utility easement located at 1610 IH-10 East, on behalf of Shujat Holding Company. The easement was created when a portion of Isla Street was abandoned in 1982. In 2001, Spurg, L.L. C. received a permit to construct the existing convenience store on a portion of the subject easement. A 20'x84' portion of the building sits within the easement. Site plans submitted for the permit did not show any existing easements. An application for abandonment, submitted in 2002, was presented to the Commission with a recommendation for denial. Entergy and Southwestern Bell both had objections to the abandonment. In August, another request was brought to the Commission and denied. Although Entergy no longer took issue with the request, AT&T and Time Warner Cable wished to retain the easement. The applicant was informed that a written statement from AT&T releasing the easement would be necessary for further review. Both AT&T and Time Warner Cable have now agreed to release the easement, so the request is before you once more. This item was sent to all interested parties. LEGAL DESCRIPTION FOR ORDIlVANCE PURPOSES BEING 0.0781 acre of land, part of the James Drake Survey, Abstract No. 18, Jefferson County, Texas; being part of a (Called 0.4885) acre tract of land conveyed to Shujat Holding Company, recorded in File No. 2015017567, Official Public Records, Jefferson County, Texas, and part of a 60' wide utility easement to the City of Beaumont, recorded in Volume 2402, Page 373, Deed Records, Jefferson County, Texas; said 0.0781 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at an "X" in concrete set on the intersection of the West line of a dedicated public right of way known as Gulf Street and the North line of a dedicated public right of way known as Interstate Highway 10 for the Southeast corner of the (Called 0.4885) acre tract, having State Plane Coordinate Values ofN: 13978553.43, E: 3513693.60; THENCE, North 03 deg., 21 min., 33 sec., West (Called North 00 deg., 02 min.., 44 sec., West), on the West right of way line of said Gulf Street, a distance of 100.00' to a point being the Southeast corner of said City of Beaumont casement; from which an ' X" mark in concrete found for the Northeast corner of the (Called 0.4885) acre tract bears North 03 deg., 21 min.., 33 sec., West (Called North 00 deg., 02 min., 44 sec., West), a distance of 29.6 P; THENCE, South 86 deg., 36 min., 37 sec., West, on the South line of said City of Beaumont easement, a distance of 10.00' to a point for corner being the POINT OF BEGINNING and Southeast comer of the herein described tract, having State Plane Coordinate Values of N: 13978652.70, E: 3513677.76; THENCE, South 86 deg., 36 min., 37 sec., West, on the South line of said City of Beaumont easement, a distance of 139.76' to a paint for coiner on the West line of the (Called 0.4885) acre tract for the Southwest corner of the herein described tract; from which a 60D nail, capped "F&S", for the Southwest corner of the (Called 0.4885) acre tract bears South 03 deg., 12 min., 33 sec., East (Called South 00 deg., 01 min.., 38 sec., East), a distance of 125.20 ; THENCE, North 03 deg., 12 min., 33 sec., West (Called North 00 deg., 01 min., 38 sec., West), on the West line of the (Called 0.4885) acre tract, a distance of 2414' to a point for corner being the Northwest corner of the herein described tract; from which a 112" steel rod found for the Northwest corner of the (Called 0.4885) acre tract bears North 03 deg., 12 min., 33 sec., West (Called North 00 deg., 01 min., 38 sec., West), a distance of 5.00; THENCE, North 86 deg., 36 min., 37 sec., East, a distance of 139.68' to a point for comer being the Northeast comer of the herein described tract; THENCE, South 03 deg., 21 min., 33 sec., East, a distance of 24.58' to the POINT OF BEGINNING and containing 0.0781 acre of land, more or less. Note: Bearings, distances, coordinates and acreage are based on State Plane Coordinate Grid System, Texas South -Central Zone, NAD 83 (Epoch 2011) (U.S. Survey Feet), having a convergence angle of 02 deg., 23 min., 40 sec., a scale factor of 0.999951377, and a reference to NGS monument AJ8221. This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on June 8, 2015. GENERAL INFORMA.TIONIPUBLIC UTILITIES APPLICANT: Anthony M. Leger, Soutex Surveyors & Engineers PROPERTY OWNER: EXISTING ZONING: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: City Park EAST: Commercial SOUTH: Interstate Highway 10 WEST: City Park COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: Shujat Holding Company 1610 IH-10 East GC -MD (General Commercial -Multiple Family Dwelling) 0.493 acres, more or less Convenience Store "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) LI (Light Industrial) LI (Light Industrial) GC -MD Conservation and Revitalization IH-10 East - Freeway with. an 3 00' wide right-of-way and a 30' pavement width Curb and gutter 12" water line 9" sanitary sewer line APPLICATION FOR RIGHT-OF-WAY 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: ANTHONY M. LEGER / SOUTEX SURVEYORS & ENGINEERS PHONE. 409-983-2004 FAX: 409-983-2005 AUTHORITY OF APPLICANT: see attached letter of Authorization NAME OF OWNER: SHUJAT HOLDING COMPANY PHONE: 409-727-6700 FAX: 409-727-2322 ADDRESS: 2950 TURTLE CREEK DR.. PORT ARTHUR. TX 77642 ALL OWNERS ABUTTING THE ROW ORUE MUST SIGN WRITTEN REQUEST. (PLEASE ATTACH PROPERTY OWNER'S LIST TO THE APPLICATION) DESCRIPTION OF ROW OR UE TO BE ABANDONED: 0.0781 Acre of Land, Part of the James Dralce Survey, A-18, Jefferson County, Texas PRESENT USE OF ROW OR UE (LIST UTILITIES IF PRESENT) None ATTACH A LETTER STATING THE REASONS FOR THE ABANDONMENT. LEGAL DESCRIPTION OF PROPERTY: LOT NO BLOCK NO OR TRACT PLAT ADDITION SURVEY James Drake Survev, A-18 ATTACH A MAP OR PLAT DELINEATING THE PUBLIC ROW OR UE TO BE ABANDONED AND THE LEGAL DESCRIPTION OF ADJACENT PROPERTY (DIMENSIONED AND TO ENGINEERING SCALE). ATTACH THE $300.00 APPLICATION FEE, 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 APPLICANT: PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: DATE RECEIVED: TE: August 26.2015 ` -ITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, SUITE 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3133 APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date: August 26, 2015 We, the undersigned, being the sole owners of all the property abutting the proposed PARTIAL abandonment of 0.0781 Acre of Land fart of the Jaines Drape Survey, A-18, Jefferson County, Texas hereby respectfully petition that the right-of-way, alley, or utility easement be closed and abandoned. OWNER and ADDRESS Lot Block Addition (tract) (tax plat) (survey) SRUJAT MOLDINGS COMPANY CITY OF BEAUMONT NOTE: Please print or type your name and then use signature. Separate sheets may be used. - _ TBPF Firm No. F-5755 TBPLS Firm No-10123800 - LA i✓F.0005711 .F-3737 Doctors Drive Port Arthur, Texas 77642 SURVEYOR-S&ENGINEERS _S office (409) 983.2004 " Fax (409) 983.2005 August 26, 2015 City of Beaumont PLANNING DIVISION 801 Main Street, Suite 201 Beaumont, TX 77701 Phone: 409-880-3764 Fax:409-880-3133 Ref: Abandonment of Utility Easement: 0.0781 Acre of Land, Part of the James Drake Survey, A-18, Jefferson County, Texas. Owner Info: SHUJAT HOLDINGS, a Texas Corporation 2950 Turtle Creek Drive Port Arthur, Texas 77642 Transmitted herewith is a re -submittal request for a partial abandonment of the above referenced property. After meeting with AT & T to address any possible objection or change in the lines, we received a letter of "No Objection" on August 24, 2015. Please let us know if there is anything farther needed for approval. Thank you, An o eger Vic - n Soutex Surveyors & Engineers JYaL-�4-2015 FRI 02:28 FM. SWATI ENTERPRISES INC.- FAX;43972;2322 P.001 HUJAT HOLDING COMPANY 2950 Turtle Creek Dr. PortATt bur TX 77642 ;July 21sf 2015 TO WHOM IT MAY CONCERN. Phone 409.727.6700 Fax 409.727.232? I, authorize Anthony Leger to sign on my behalf as Agent and summit appilcation to the City of Beaumont. If you have any questions phase feel free to contact me. A. Swati onf .46000 aftt Eddle 13, Cook Manager -Engineering Design Construction & Engineering (sweT) Aug 24, 2015 City of Beaumont Planning Division 801 Main Street, Suite 201 Beaumont, Texas 77701 RE: 1610 IH-10 To Whom It May Concern: ATHIT Texas T: 409-839-6950 555 Main - Room 208 F: 409-839-6904 Beaumont, Texas. 77701 ecc5030@att.com AT&T has no objections to abandon part of the utility easement at 1610 I11-10 in the James Drake Survey, A-18, Jefferson County, Texas. Should you have any further questions, please contact me at 409/839-6950. Sincerely, Ea .41 G'13-141 Eddie Cook eddie.cook@att.com Proud Sponsor of the ll5 .1yMPIC 7.Wm Sta C �J -rE-R From: Morrish, Christopher <cmorri32@entergy.corn> Sent: Wednesday, June 24, 2015 2:11 PM To: Stacey@soutexsurveyors.com Subject: FW: ABANDONMENT Approval:1610 110 East, BMT Please see below email Thanks, Chris Morrish Agent, Right Of Way (Trans), Construction Mgrnt - TX/Lcharl cmorri32@entergy.com Office (409)-347-5061 Cell (337)-377-4935 From: Morrish, Christopher Sent: Wednesday, June 24, 2015 2:11 PM To: 'randail@sautax.net' Cc: HARRINGTON, AL J Subject: RE: ABANDONMENTApproval:1610 110 East, BMT After further review Entergy does not object the city abandoning this portion of its ROW. Thanks, Chris Morrish Agent, Right Of Way (Trans), Construction Mgmt-TX/Lcharl cm o rri 3 2 (P e me rgy. co m Office (409)-347-5061 Cell (337)-377-4935 From: Morrish, Christopher Sent: Wednesday, June 24, 2015 10:14 AM To: HARRINGTON, AL J Subject: Re: ABANDONMENT Approvai:1610 110 East, BMT We would not want to abandon this ROW. Thanks, Chris Morrish On Jun 24, 2015, at 9:59 AM, HARRINGTON, AL J <aharrin(@entergy.com> wrote. Chris, Please see email from Stacey ........... I would not feel right answering on your behalf. You trump distribution ............. I -E 1/V From: Larive, Adam <adam.larive@twcable.com> Sent: Tuesday, June 23, 2015 4:07 PM To: Stacey Subject: RE: ABANDONMENT Approvai:1610110 East, BMT Time Warner Cable, Approval of Abandonment. 'Gf lm za)<We Construction Coordinator Time Warner able- 602 N. Hwy 69 Nederland Tx. 77627 Phone: (409 ) 720-5565 Fax: (409) 727-5050 Cell: (409 } 284-3765 adam.larive(a@twcable.com From: Stacey [maifto:Stacey@soutexsurveyors.com] Sent: Friday, June 19, 2015 10:50 AM To: aharrin@entergy.com; Sandra.goodali@centerpointentergy.com; hg4734@att.com; Larive, Adam; dscanant@dd6.org; rmiranda@ci-beaumont.tx.us; jmcneel@ci.beaumont.tx.us; dnewsome@ci.beaumont.tx.us; tgill@cLbeaumont.tx.us Subject: ABANDONMENT Approval:1610 110 East, BMT Please see the attached Drawing and Metes & Bounds for: 1610 1-10 East Beaumont, TX. Our client: SHUJAT HOLDINGS Inc., purchased the Convenient Store that had been Built prior OVER the Utility Easement many years ago. We are asking for the specified 0.0781 Acres of Easement to be ABANDONED officially. Could you all look at the drawing and let us know of approval or opposition. Thank You, Stacey Garza SOUTEX SURVEYORS &ENGINEERS 3737 Doctors Drive Port Arthur, TX 77642 (409) 983-2004 (409) 983-2005 fax sta ceypso u texs u rve yo rs. co m This E-mail and any of its attachments may contain Time Warner Cable proprietary information, which is privileged, confidential, or subject to copyright belonging to "rime Warner Cable. This E-mail is intended solely for the use of the individual or entity to which it is addressed_ If you are not the intended recipient of this E- mail, you are hereby notified that any dissemination, distribution, copying, or action taken in relation to the contents of and attachments to this E-mail is strictly 1 z m m is 1-1 Cd sc {85� ic��mSw w r o FW=-a� orN � m N W ~ k.ee�om z I IJ F I I � I Ed 93 F1 $�gn' ..4 iZ `ems Y tis =.a. �n1-�t.S � a a 3 _ = b u s a Y o e. t NN= p. "i�� E p52 �� a��gwea o�E�� 5_�N 3�a" a��•-�Y ��ez$ �� "s �g�a sx '33o„'+ �=Z 6 s gg eou `:aa ` z `-a• ��j25 --�9" •�, LJ•�[`J d-o p'm� gga=^9,� "3se�: wEw C`-' g��d-�� e3 o_9 E:c"'. �6 •a� ��]�� a El bUP aZ� .;iH V�r Spa a�wS14 =aE eS^S a'3 ha N90 T'w°iv2 hJ'n Ti -1 a P id e 860-OB: A request to abandon 0.0781 acre portion of a general utility easement. cation: 1610 IH 10 East Iicant: Anthony M. Leger, Soutex Surveyors & Engineers 0 100 zoo 1 1 1 1 Feet