HomeMy WebLinkAbout833-OB
DATE: April 15, 2013
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for a the abandonment of 290’ of Stagg Drive
FILE: 833-OB
STAFF REPORT
The Planning Manager recommends approval with the following conditions:
1. The 6” water main will need to be replaced with HDPE SDR-11 pipe, and the
12” sanitary sewer line will need to be replaced to with HDPE SDR-17 pipe.
2. A utility easement will need to be retained. The easement must contain the
following information:
No structures or appurtenances shall be places within the easement
property; and,
Water utilities will not be responsible for any surface restoration when
water and /or sanitary sewer main repairs are needed.
3. HEB shall be responsible for the cost of relocating Time Warner Cable’s fiber
and coax plant on power poles located in the right-of-way, if required.
John Rose, Sr. Due Diligence Manager for HEB Grocery Company, LP, has applied for
the abandonment of approximately 290’ of Stagg Drive right-of-way. This portion of
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Stagg is east of 11 St. and west of that portion of Stagg that was abandoned in June
2012. These abandonments have been requested in conjunction with the development of
the new HEB store on the old Baptist Hospital site. Since the abandonment in June 2012,
Dr. Fracht, at 3510 Stagg has agreed to sell his property to HEB. All three existing
property owners abutting the subject right-of-way agree to the abandonment.
This item was sent to all interested parties. Water Utilities has a 6” water main and a 12”
sanitary sewer main within Stagg and has no objection to the abandonment as long as a
number of conditions are met. Time Warner has no objections to the abandonment as long
as HEB pays for the relocation of its facilities in the right-of-way, if required.
Exhibits are attached.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
(0.1611 Acre Parcel)
Note: Bearings are based on a west line of Lot 1 of College Street Complex, a plat
recorded in Clerks File no. 2013001919 of the Official Public Records of Jefferson County
Texas, having been called North 00° 26’ 02” East 148.31 feet.
BEGINNING at a PK nail found in concrete in the north right-of-way line of Stagg Drive
and a west line of said Lot 1 for the southeast corner of a called 0.477 acre tract conveyed
to Care R. Fracht and wife, Patrice L. Fracht as recorded in Film Code 103-21-2215 of
the Real Property Records of Jefferson County, Texas and the northeast corner of the said
0.1611 acre tract from which a ½” iron rod found for an exterior corner of said Lot 1 and
the northeast corner of the said 0.477 acre tract bears North 00° 26’ 02” West 148.50 feet
(called North 00° 26’ 02” West 148.31 feet);
THENCE South 00° 26’ 02” East along the said west line of Lot 1 and the east line of
said 0.1611 acre tract a distance of 49.78 feet (called South 00° 26’ 02” East 49.78 feet)
to a capped iron rod found in the south right-of-way line of Stagg Drive for an interior
corner of said Lot 1 and the southeast corner of the said 0.1611 acre tract;
THENCE West along the north line of the said Lot 1,the south right-of-way line of Stagg
Drive and the south line of the said 0.1611 acre tract for a distance of 107.17 feet (called
West 107.17 feet) to a capped iron rod found for an angle point;
THENCE South 83° 58’ 32” West continuing along the said north line of Lot 1, the said
south right-of-way line of Stagg Drive and the said south line of the 0.1611 acre tract a
distance of 33.09 feet (called South 83° 58’ 21” West to a ½” capped iron rod st for the
southwest corner of the said 0.1611 acre tract;
THENCE North 00° 22’ 14” West along the west line of the said 0.1611 acre tract a
distance of 53.05 feet to an “X” in concrete found in the north right-of-way line of Stagg
Drive for eh southeast corner of a tract conveyed to Siemsen Properties, L.P., as recorded
in Clerks File No., 9818695 of the Official Public Records of Jefferson County, Texas, the
southwest corner of the said 0.477 acre tract and the northwest corner of the said 0.1611
acre tract from which the PK nail found at the intersection of said north righto-of-way line
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of Stagg Drive and the east right-of-way line of 11 Street for the southwest corner of the
said Siemsen tract bears South 89° 55’08” West 149.95 feet (called West 150.00 feet);
THENCE North 89° 54’ 58” East along the south line of the said 0.477 acre tract, the
north right-of-way line of Stagg Drive and the north line of the said 0.1611acre tract a
distance 140.04 feet (called East 140.00 feet) to the POINT OF BEGINNING and
containing 0.1611 acre of land, more or less.
This Field Note Description is based on a survey performed by Fittz and Shipman, Inc.
during February, 2013
(0.2002 Acre Parcel)
Note: Bearings are based on a west line of Lot 1 of College Street Complex, a plat
recorded in Clerks File no. 2013001919 of the Official Public Records of Jefferson County
Texas, having been called North 00° 26’ 02” East 148.31 feet.
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BEGINNING at a PK nail found in at the intersection of the east right-of-way line of 11
Street and the north right-of-way line of Stagg Drive for the southwest corner of a tract
conveyed to Siemsen Properties, L.P. as recorded in Clerks File No. 9818695 of the
Official Public Records of Jefferson County, Texas and the northwest corner of the said
0.2002 acre tract;
THENCE North 89° 55’ 08” East along the said north right-of-way line of Stagg Drive
and the south line of the said Siemsen tract a distance of 149.95 feet (called East 150.00
feet) to a “X” found in concrete for the southwest corner of a called 0.477 acre tract
conveyed to Carey R. Fracht and wife, Patricia L. Fracht as recorded in Film Code
103-21-2215 of the Real Property Records of Jefferson County, Texas, the southeast
corner of the said Siemsen tract and the northeast corner of the said 0.2002 acre tract
from which a PK nail found for the southeast corner of the said 0.477 acre tract bears
north 89° 54’ 58” East 140.04 feet (called East 140.00 feet);
THENCE South 00° 22’ 14” East along the east line of the said 0.2002 acre tract a
distance of 53.05 feet to a ½” capped iron rod set in a north line of said Lot 1, College
Street Complex and the south right-of-way line of Stagg Drive for the southeast corner of
the said 0.2002 acre tract;
THENCE South 83° 58’ 21” West along the said north line of Lot 1, the said south
right-of-way line of Stagg Drive and the south line of the said 0.2002 acre tract a distance
of 62.23 feet (called South 83° 58’ 21” West) to a capped iron rod found for an angle
point;
THENCE North 89° 59’ 39” West continuing along the said north line of Lot 1, the said
south right-of-way line of Stagg Drive and the south line of the said 0.2002 acre tract a
distance of 88.10 feet (Called North 89° 59’ 39” West 88.10 feet) to a capped iron rod
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found at the intersection of the said east right-of-way line of 11 Street and the said south
right-of-way line of Stagg Drive for the southwest corner of the said 0.2002 acre tract;
THENCE North 00° 18’ 03” West along the west line of the said 0.2002 acre tract a
distance of 59.37 feet to the POINT OF BEGINNING and containing 0.2002 acre of
land, more or less.
This Field Note Description is based on a survey performed by Fittz & Shipmon, Inc,
during February 2013.