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HomeMy WebLinkAboutPZ2021-443DATE: January 24, 2022 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: A request to abandonment of a portion of the Sawyer Street right-of-way. FILE: PZ2021-443 STAFF REPORT Mark Fertitta, manager of SET Asset Properties, LLC (owner of 191 1 1th Street), is requesting an abandonment of this portion of Sawyer Street. In 2017 an almost 5' section of the street was abandoned. The request was made to satisfy requirements of a potential lessor. Previously, the property had operated under a license to encroach, but this arrangement was problematic, given that the tenant was performing extensive upgrades to the property. In 2021, a survey of the property revealed that the requested abandom-nent was not large enough, and the building was still encroaching in the right-of-way. This abandoninent would correct the issue of the encroachment. Planning staff recommends approval of the request. This item was sent to all interested parties. Exhibits are attached. LEGAL DESCRIPTION FOR ORDINANCE, PURPOSES BEING an 890.00 square feet tract or parcel of land situated in the Noah Tevis Survey, Abstract No. 52, Jefferson County, Texas and being a portion of Sawyer Street right-of-way just South of Laurel Avenue, said 890.00 square feet tract being more particularly described as follows: NOTE: All bearings are referenced to the Texas State Plane Coordinate System South Central Zone NAD83 (201 ])..All acreages and distances are surface. COMMENCING at the intersection of the South right-of-way line of Laurel Avenue and the East right-of-way line of Sawyer Street, the sarric being the Northwest comer of that certain called 0,5989 acre tract of land as described in a "Quitclaim Deed" from Allan L. Levine to Allan L. Levine, Trustee of The Allan L. Levine Family Trust as recorded in Clerk's File No. 20080033692, Official Public Records of Real Property, Jefferson County, Texas and from said comer a Kohler concrete monument found for the intersection of the South right-of-way line of Laurel Avenue and the East right-of-way line of 13"' Street bears SOUTH 86'43'35" WEST a distance of 622.26 feet; THENCE SOUTH 03024'44" EAST, along and with the East right-of-way line of Sawyer Street and the West line of the said 0,5989 acre The Allan I.... Levine Farnily Trust tract, for a distance of 12.,63 feet to the Northeast comer and the POINT OF BEGINNING of the tract herein described; THENCE SOUTH 03c24'44" EAST, continuing along and with the East right-of-way line of Sawyer Street and the West line of the said 0.5989 acre The Allan L. Levine Family Trust tract, for a distance of 89.00 feet to a point for corner-, THENCE SOUTH 96"35'16" WEST, over and across the right-of-way of Sawyer Street and perpendicular to the East right-of-way line of Sawyer Street, for a distance of 10.00 feet to a point for comer; THENCE Noxrii 03024'44" WEST, continuing over and across the right-of-way of Sawyer Street and 10 feet parallel to the East right-of-way line of Sawyer Street, for a distance of 89.00 feet to a point for comer; THENCE NORTII 86035'16" EAST, over and across the right-of-way of Sawyer Street and perpendicular to the East right-of-way line of Sawyer Street, for a distance of 10.00 feet to the POINT OF BEGINNING and containing 890.00 Square Feet, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Mark A. Fertitta PROPERTY OWNER: City of Beaumont LOCATION: Sawyer Street just south of Laurel Street EXISTING ZONING. GC -MD (General Commercial -Multiple PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: 6311 U N9111111 IN 10142 W.1,101 roxa= NORTH: Commercial EAST: Commercial SOUTH: Commercial WEST: Commercial COMPREHENSIVE PLAN: DRAINAGE: WATER: SANITARY SEWER SERVICE: Family Dwelling) —890 square feet Sawyer Street right-of-way "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: GC -MD GC -MD GC -MD LI (Light Industrial) Hospital/Office District N/A N/A 12"' water line 21 "' sanitary sewer line A, I AAL_ lb Case Type:Plan;ning and Zoning Case Sub Type: Abandonment Case #: PZ2021-443 Location: 195 N 11TH ST, BEAUMONT, TX Individuals listed on the record: Agent Mark A Fertitta PO Box 12400 Beaumont, TX 77726-2400 Applicant Mark A Fertitta PO Box 12400 Beaumont, TX 77726-2400 Property Owner Case Status: REVIEW Tag Name: Correction of the approved previous abandonment Initiated On. 1212012021 10:58:10AM Home Phone: 409-839-4428 Work Phone: Cell Phone: 409-893-5941, E-Mail: m1958mark@aol,corn Home Phone: 409-839-4428 Work Phone: Cell Phone: 409-893-5941 E-Mail: m1958mark@aol,corn Mark A Fe rtitta Home Phone: 409-839-4428 PO Box 12400 Work Phone: Beaumont, TX 77726-2400 Cell Phone: 409-893-5941 E-Mail: ml958mark@aol.com Flood Zones Construction Type Occupancy Type Fire District Notes: Case Type: Planning and Zoning Page I of I Case #: PZ2021-443 Printed Om 12/29/2021 Application Ownembip List Date: bee. %J4 262 L We, the undersigned, being the s cam=, of all the property abutting the proposed abandonment O ry a hereby respeeftlly petition that the right-of-way, alley, or utility easement be closed and abandoned.. I Big& A .ri (tract) (tax plat) (SMey) r1 au, � t ass LUC- 1 iAe , 'r. "7 7d?- e) -S" a NOTE: Please print or type ,your name and then use s4 natm. Separate sheets may be used. h V!s 1 r., Application Ownership List Date: ' ' We, the undersigned, being the W19 of all the property abutting the proposed abandonment o m. that the right-of-way, alley, or utility easement he closed and abandoned. M , 1 6`15,44a hereby respectfidly petition: r ° 'i. f, °i, 14 u TV kr 0,Pf f AIM, NOM: Please print or type your name and then use signature.. Separate sheets may be used. Uertitta Realty, Inc. P.O. Box 12400 Beaumont, Texas 77726 (409) 839-4428 December 16,2021 Chris Boone, Director, Director City of Beaumont Planning and Zoming Community Developi 801 Main Street Suite 201 Beaumont, Texas 77701 1 vp?-M:u - On May 23, 20,17 the City Council of Beaumont Texas along with the Planning and Zoning Department approved an partial abandonment of a right of way on Sawyer St. in Beaumont, Texas in favor of my company, SET Asset Properties L.L.C. This was approved as the Conn appliance store that was originally built on this property in 1966 was prior to the expansion of Laurel Avenue and Sawyer Street, its. connecting street. The rear of this building located at 195 N. I lth Street now encroached into the right of way but was not discovered till 2017. In 1966 the building was a Conn Appliance Store owned by CX Conn Jr. and Jerry Conn, The building was re tenanted with Texas Home Health in 1999 and later sold to Hershel Hobson who then sold the building to the Levine Family Trust. My company SET Asset Properties, L.L.C. Purchased the empty building from the Levine Family Trust in 2017 and with extensive remodeling we acquired UTMB OBOYN Clinic into the building. Prior to SET buying the property we discovered that the building now encroached into the Sawyer Street Right of way which prompted the flrst partial abandonment. After receiving the abandonment no additional survey was performed fffl 2021. In this survey the previous abandonment description did not accurately address the area of abandonment needed so the building would not be encroaching into the remaining right or way. I am coming to you now with the surveyor's correct description of the abandonment and ask that the city again approve the amended abandomnent description. i truly appreciate your consideration of this matber. Sincerely Your: P�d Mark. A. Fertitta FIND. KOHLER CONC. M NV. VC FIND S8Ii43'35"W 022,26' FN© N86*35'1 10.10'„ LEGEND 0 POWER POLE SIGN --- — (>WN LINK FENCE -�- GUARDRAIL Q�s OVERHEAD ELECTRIC CONCRETE ASPHALT" QUARORAIL TT A *N i 10.0' LAUREL AVENUE (ROW VARIES) ,...Fyp SOX2041 RAMP 12.03' or •_.� ._.. 2i CALLED 0.5989 ACRE THE AUAN L. LEVINE FAMILY TRUST" OF NO. 20692 CPRJC m 01 MF F ow Q' 10, 20' o' L CtF Scale: 1 "-201' Z2021-443: Request to abandon a portion of the Sawyer Street right-of-way. ,pplicant: Mark A. Fertitta ,ocation: Rear of 195 N. 11111 Street . . ..... . . .. .. . 0 50 100 150, I I I Feet wt a m �G,