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HomeMy WebLinkAbout638-OBDATE: September 16,2002 TO: Planning Commission FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for the abandonment of a 30'x 150' general utility easement. FILE: 638-OB STAFF REPORT The Planning Manager recommends denial of this request. Reginald C. Wallace is requesting on behalf of Spurg, I-L.C., the abandonment of a 30'x 150' portion of a general utility easement created through the abandonment of the most western part of Isla Street. This portion of Isla Street was abandoned in July, 1982. On October 23, 2001, the City issued Spurg, L.L.C. a building permit to construct a convenience store on a portion of the subject easement. The convenience store is located at 1610 IH-10 East. A 20' x 84' portion of the store sits within the easement. Upon a recent review of the site plan submitted for the building permit, it did not show any existing easements. This request was sent to all interested parties. A number of public and private utilities have facilities located in the easement. The City has a 27" storm sewer and a 12" sanitary sewer with two cleanouts in the easement. Entergy has an electric transmission line in close proximity to the easement. Entergy wants to keep a horizontal clearance for the transmission line. Southwestern Bell has a buried communication cable located in the easement. All of these respondents recommended denial of this request because of the close proximity of the building to existing utility locations. Exhibits are attached. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the south 30'x 150'portion of a general utility easement between the west right-of-way line of Gulf Street and Babe Didrikson Zaharias Park, being part of an abandoned portion of Isla Avenue closed July 27, 1981, and recorded in the Jefferson County Deed Records, Vol. 2402, Page 373, containing 0.103 acres, more or less. City of Beaumont Attn: Planning Committee 801 Main Street Beaumont, Texas 77701 Spurg L.L.C. 1610 IH-10 East Beaumont, Texas 77703 1 �4091§35-1163 August 27, 2002 RE: Application for Utility Easement Abandonment Dear Planning Committee: Attached is an Application for Utility Easement Abandonment. In the early 1980's, the city closed Isla Street when the City of Beaumont established the Babe Didrikson Zacharias Museum, 1750 IH- 10 East. The former Isla Street was divided, and half was utilized by the Museum and the other portion was utilized by Spurg, L.L.C., formerly Spurg. Although the half portion was utilized by Spurg, a utility easement remained in effect. Pursuant to this easement, Entex maintained an underground gas line. Entex has moved their gas line and no longer utilizes the easement. The easement is generally described as a 30-foot by 160-foot strip of land being. 103 acres, abutting the Museum, which is the southern portion of PL A 14TR A. For your convenience I have attached a copy of the deed as well as a map designating the area of the requested abandonment. On or about October 23, 2001, we were issued a building permit allowing for a structure to be erected on the utility easement. We would request the City abandon the 20' x 84 ' section of its current utility easement upon which our structure stands. Thank you in advance for your attention to this matter. Should you need to contact me, I may be reached at (409) 835-1163. Sincerely, 2 R �g i I =a I �d C. Wallace/ General Manager CIA 4, LAMI-e- TILL 638-OB: Request to abandon a 20' x 150' portion of a utility easement, formerly NORTH Isla St. Applicant: Reginald Wallace for Spurg, L.L.C. .y SCALE 1 "=200' , '} a+ at 1A to MAPLE AWE. v y /, d rr 0 r 'k 0 ►,V rL T E lEA- f? / am J I I. ISLA AVE. t a d® • INTERSTATE 10 04— L O . /S/ANA A��Wr sao rsd ' t f _ AV,9rw UNE ✓ANes „ _ . 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LOCATION: Rear of 1610 IH- 10 East EXISTING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) District PROPERTY SIZE: EXISTING LAND USES: I C 19-0161011 Me EVAR I N 01 VA*1 SURROUNDING LAND USES: NORTH: Park EAST: Street right-of-way SOUTH: Commercial WEST: Park OTHER PHYSICAL FEATURES: DRAINAGE: SANITARY SEWER SERVICE: 0.103 acres, more or less General utility easement "X" - Areas determined to be outside 500-year floodplain. SURROUNDING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) District GC -MD GC -MD GC -MD Convenience store is located on one-half of easement. 2711 storm sewer line 12" sanitary sewer line with 2 cleanouts