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HomeMy WebLinkAbout775-OB DATE: February 21, 2011 TO: Planning Commission FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for the abandonment of a utility easement between Avenue E and Avenue F FILE: 775-OB STAFF REPORT The Planning Manager recommends approval subject to the following condition: 1. Any utilities within the proposed abandonment will have to be moved at BISD=s expense. Robert Zingelmann, Director of Business and Finance for BISD, has applied for the abandonment of a utility easement between Avenue E and Avenue F. In April, 1997, City Council approved the abandonment of Milam Street, between Avenues E and F subject to the retention of a 60' x 300' general utility and drainage easement. The current abandonment request is being made to allow for the construction of expanded cafeteria facilities on the site to accommodate the growing needs of Fletcher Elementary School. The school, originally built for approximately 300 students, currently accommodates over 750 children. The existing cafeteria is grossly undersized causing hardships for both staff and students. At this time, lunch begins at 11:00 a.m. and stretches to 1:30 p.m. with a short period of time for each student to eat. The plan is to add additional kitchen capacity and dining area so that the children can be fed in a prompt and orderly manner. The easement runs directly through the school campus and is roughly adjacent to the existing cafeteria building. The only option available to BISD is to add a 54' extension to the existing building. The utility and drainage facilities that required the need for the utility and drainage easement have either been abandoned or will be moved. This item was sent to all interested parties. Entergy has an existing electrical pole line within the easement. Entergy will not object to the abandonment as long as the line is moved at BISD=s expense. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES That certain 0.4135 acre tract for the abandonment of a 60' wide general utility and drainage easement described in Ordinance No. 97-20 as recorded in Clerk=s File No. 9711305 of the Official Public Records of Jefferson County, Texas, and being between Block 20 and 21 of Blanchette Addition, a plat recorded in Volume 1, Page 25 of the Map Records of Jefferson County, Texas, said 0.4135 acres being more particularly described by metes and bounds as follows: NOTE: The Basis of Bearings is the southeasterly line of Block 20 and the northwesterly line of the said 60' wide easement being assumed North 4113'00" East. COMMENCING at a 2" iron rod found at the intersection of the northwesterly right-of-way line of Milam Street and the southwesterly right-of-way line of Avenue F for the east corner of Block 25 of said Blanchette Addition; THENCE North 4113'00" East a distance of 60.00 feet to a point at the intersecti on of the said northweste rly right-of-w ay line of Milam Street and the northeaste rly right-of-w ay line of Avenue F for the south corner of said Block 20, the west corner of the said 60' wide easement and the said 0.4312 acre tract, and being the POINT OF BEGINNING; THENCE North 4113'00" East along the southeasterly line of said Block 20 and the northwesterly line of the said 60' wide easement and the said 0.4132 acre tract a distance of 300.00 feet (called 300.00 feet) to a point at the intersection of the said northwesterly right-of-way line of Milam Street and the southwesterly right-of-way of Avenue E for the east corner of said Block 20 and the north corner of the said 60' wide easement and the said 0.4312 acre tract from which a 2" iron rod found at the intersection of the said northwesterly right-of-way line of Milam Street and the northeasterly right-of-way line of Avenue E for the south corner of Block 5 of said Blanchette Addition bears North 4113'00" East 60.86 feet. THENCE South 4847'00" East along the northeast line of the said 60' wide easement and the said 0.4132 acre tract a distance of 60.00 feet (called 60.00 feet) to a point at the intersection of the southeasterly right-of-way line of Milam Street and the said southwesterly right-of-way line of Avenue E for the north corner of said Block 21 and the east corner of the said 60' wide easement of the said 0.4132 acre tract; THENCE South 4113'00" West along the northwesterly line of said Block 21 and the southeasterly line of the said 60' wide easement and the said 0.4132 acre tract a distance of 300.00 feet (called 300.00 feet) to a point at the intersection of the southeasterly right-of-way line of Milam Street and the said northeasterly right-of-way line of Avenue F for the west corner of said Block 21 and the south corner of the said 60' wide easement and the said 0.4132 acre tract from which a 3/4" iron pipe found at the intersection of the said southeasterly right-of-way line of Milam Street and the said southwesterly right-of-way line of Avenue F for the north corner of Block 24 of said Blanchette Addition bears South 4110'46" West 60.18 feet; LEGAL DESCRIPTION continued THENCE North 4847'00" West along the southwesterly line of the said 60' wide easement and the said 0.4132 acre tract a distance of 60.00 feet (called 60.00 feet) to the POINT OF BEGINNING and containing 0.4135 acres of land, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Robert Zingelmann PROPERTY OWNER: BISD LOCATION: Between Avenues E and F EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.4135 acres, more or less EXISTING LAND USES: Drainage and utility easement FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential, vacant RS ( Residential Single Family Dwelling) District EAST: School RS SOUTH: Residential RS WEST: School RS COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: N/A DRAINAGE: N/A WATER: N/A SANITARY SEWER SERVICE: N/A