HomeMy WebLinkAbout828-OB
DATE: December 17,
2012
TO: Planning Commission
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for the abandonment of a 0.1974 acre
portion of a utility easement
FILE: 828-OB
STAFF REPORT
The Planning Manager recommends approval.
Mark W. Whiteley & Associates has applied for the abandonment of a
0.1974 acre portion of a 10' wide utility easement. Tom Rowe
states that this easement was created prior to the construction of the
HEB store at the northwest corner of Dowlen and Delaware. Mr.
Rowe says that no utilities were constructed in the portion of the
easement that is proposed to be abandon. Therefore, the owner of
the tract would like to have this portion of the easement abandon.
This item was sent to all interested parties. No negative responses
have been received.
PUBLIC NOTIFICATION
Notices mailed to property owners 1 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being a 0.1974 acre utility easement to be abandoned situated in the
Hezekiah Williams Survey, Abstract No. 56, Jefferson County, Texas
and being out of and part of that certain called 680.66 acre tract
called A Second Tract @ as conveyed by Treadaway Land Company et al.
to Yount-Lee Oil Company as recorded in Volume 374, Page 113,
deed Records, Jefferson County, Texas and also being out of and part
of that certain remainder of a called 40.5391 acre tract of land as
conveyed by Amoco Production Company to Dowdel Investments, Ltd.
as recorded in Clerk=s File No. 1999047799, Official Public Records of
Real Property, Jefferson County, Texas and also being out of and part
of that certain called 1.4889 acre utility easement as described in a
A Utility Easement @ from Dowdel Investments, Ltd. to City of Beaumont
as recorded under County Clerk=s File No. 2001019608, Official
Public Records of Real Property, Jefferson County, Texas, said 0.1974
acre utility easement to be abandoned being more particularly
described as follows:
NOTE: All bearing are based on the North line of that certain called
62.615 acre tract, identified as Parcel #5, as recorded in Judgement
Deed Number D-105,161 as recorded in Volume 2214, Page 318,
Deed Records, Jefferson County, Texas.
Commencing at a 5/8" iron rod found for the Northeast corner of
that certain called 1.1364 acre tract of land as described in a
A General Warranty Deed with Lien in favor of Third Party @ from
Bryan Lee to Dowlen Road Times Square, LTD. as recorded under
County Clerk=s File No. 2002047207, Official Public Records of Real
Property, Jefferson County, Texas, said corner also being the
Southeast corner of Barrington Heights, Phase I, a subdivision of the
City of Beaumont, Jefferson County, Texas, according to the map or
plat thereof, recorded in Volume 15, Page 348, Map Records,
Jefferson County, Texas and also being in the West right-of-way line
of Dowlen Road (based on a width of 100 feet);
Thence SOUTH 8836'07" WEST, along and with the South line of
the said Barrington Heights, Phase I and the North line of the said
1.1364 acre Dowlen Road Times Square, LTD. tract and the North
line of Lot 1, Block 1 of HEB Grocery Addition, an addition of the
City of Beaumont, Jefferson County, Texas, according to the map or
plat thereof, recorded under Clerk=s File No. 2006015377, Official
Public Records of Real Property, Jefferson County, Texas, for a
distance of 800.00 feet to a 5/8" iron rod found for the Northwest
corner of the said HEB Grocery Addition and also being the northeast
corner of Barrington Heights, Phase II, a subdivision of the City of
Beaumont, Jefferson County, Texas, according to the map or plat
thereof, recorded in Volume 16, Page 99, Map Records, Jefferson
County;
Thence SOUTH 0123'48" EAST, along and with the East line of the
said Barrington Heights, Phase II and the West line of the said HEB
Grocery Addition, for a distance of 1,483.13 feet POINT OF
BEGINNING of the tract herein described, said corner being the
Northeast corner of the said remainder of 40.5391 acre Dowdel
Investments, LTD. tract and also being the Southeast corner of that
remainder of that certain called 2.727 acre tract or land as described
in a A Drainage Easement @ from Amoco Production Company to
Jefferson County Drainage District No. 6 as recorded under Clerk=s
File No. 1999047796, Official Public Records of Real Property,
Jefferson County, Texas;
Thence SOUTH 0123'48" EAST, along and with the East line of the
said remainder of 40.5391 acre Dowdel Investments, Ltd. tract and
the West line of the said HEB Grocery Addition, for a distance of
10.00 feet to a point for corner;
Thence SOUTH 8851'41" WEST, over and across the said remainder
of 40.5391 acre Dowdel Investments, Ltd. tract, for a distance of
480.00 feet to a point for corner;
Thence SOUTH 0123'48" EAST, over and across the said remainder
of 40.5391 acre Dowdel Investments, Ltd. tract, for a distance of
369.96 feet to a point for corner, said corner being in the North
right-of-way line of Delaware Street (based on a width of 100 feet);
Thence SOUTH 8836'12" WEST, along and with the North
right-of-way line of Delaware Street and the South line of the said
remainder of 40.5391 acre Dowdel Investments, Ltd. tract, for a
distance of 10.00 feet to a point for corner, said corner being the
Southeast corner of that certain called 0.403 acre tract of land,
identified as A Tract B @ as described in a A Partial Release of Drainage
Easement to Dowdel Investments, Limited @ from Jefferson County
Drainage District No. 6 to Dowdel Investments, Ltd. as recorded under
County Clerk=s File No. 2004013304, Official Public Records of Real
Property, Jefferson County, Texas;
Thence NORTH 0123'48" WEST, along and with the West line of the
said remainder of 40.5391 acre Dowdel Investments, Ltd. tract and
the East line of the said 0.403 acre Dowdel Investments, Ltd. tract,
for a distance of 380.00 feet to a point for corner;
Thence NORTH 8851'41" EAST, along and with the North line of
the said remainder of 40.5391 acre Dowdel Investments, Ltd. tract
and the South line of the said 2.727 acre Jefferson County Drainage
District No. 6 tract, for a distance of 490.00 feet to the POINT OF
BEGINNING and containing 0.1974 acres, more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Mark W. Whiteley &
Associates
PROPERTY OWNER: Dowdel Investments, Ltd.
LOCATION: Approximately 1,286' west of the
intersection of Dowlen Road and
Delaware Street
EXISTING ZONING: GC-MD (General
Commercial-Multiple Family
Dwelling) District
PROPERTY SIZE: 0.1974 acres, more or less
EXISTING LAND USES: Utility easement
FLOOD HAZARD ZONE: A 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: Commercial GC-MD
SOUTH: Vacant GC-MD
WEST: Vacant GC-MD
COMPREHENSIVE PLAN: District Center
STREETS: N/A
DRAINAGE: N/A
WATER: N/A
SANITARY SEWER
SERVICE: N/A
PROPERTY OWNERS
DOWDEL INVESTMENTS, LTD.