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Home My WebLink AboutPZ2022-15DATE: February 21, 2022 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Request to abandon a portion of a City street right-of-way. FILE: PZ2022-15 STAFFREPORT Nathan Rivers is requesting the abandonment of a portion of City right-of-way located at 5555 College Street. They would like to designate a specific casement be retained, as opposed to the entire right-of-way. Structures were built in the 1970's without knowledge of the right-of-way, and subsequent surveys of the property did not show this right-of-way. Upon transfer of ownership this year, a plat dated 1931 was discovered showing the right-of-way. As the right-of-way has not been developed as a street and adjacent businesses have structures in this right-of-way, the new owner would like to abandon the right-of-way. Retaining the entire right-of-way as an casement would still leave encroachments, so the applicant has submitted a proposed utility casement to take care of existing utilities. Planning staff recommends approval of the request with retention of the described utility easement. This item was sent to all interested parties. Exhibits are attached. LEGAL DESCRIPTION OF THE RIGHT-OF-WAY FOR ORDINANCE PURPOSES BEING a 0.188 acre tract of land lying in the CHARLES WILLIAMS SURVEY, Abstract No. 59, Jefferson County, Texas, being out of and a portion of Lots 4 and 5 in Block 6 of Caldwood Acres Addition of record in Volume 5 on Page 170 of the said Map Records of Jefferson County, Texas, said 0.188 acres being more particularly described as follows: COMMENCING at a 1/2" Capped Iron Rod found marking the South right-of-way line of College Street (a public roadway), the North line of Lot 3, Block 6 of said Caldwood Acres Addition, having Texas State Plane Coordinate values of N: 13,967,546.82' and E: 3,500,998.99'; THENCE S 86'35'30" W along and with the South right-of-way line of said College Street, the North line of said Lots 3 and 4 for a distance of 76.97 feet marking the Northeast corner and POINT OF BEGINNING of the herein described tract, having Texas State Plane Coordinate values of N: 13,967,542.25' and E: 3,500,922.15'; THENCE S 02050'23" E, over and across said Lot 4 and with the East line of the herein described tract for a distance of 164.01 feet marking the North line of Lot 94, said Block 6 of said Caldwood Acres Addition, the South line of said Lot 4 and being the Southeast corner of the herein described tract; THENCE S 86035'26" W along and with the North line of said Lot 94, the North line of said Lot 9, the South line of said Lots 4 and 5 and with the South line of the herein described tract for a distance of 50.00 feet marking the Southwest corner of the herein described tract; THENCE N 02050'23" W, over and across the said Lot 5 and with the West line of the herein described tract for a distance of 164.00 feet marking the South right-of-way line of said College Street, the North line of said Lot 5 and being the Northwest comer of the herein described tract; THENCE N 86035'30" E along and with the South right-of-way line of said College Street, the North line of said Lot 5 for a distance of 25.00 feet to a 1/2" Iron Rod found marking the Northwest comer of Lot 4, the Northeast comer of Lot 5 and continuing for a total distance of 50.00 feet to the POINT AND PLACE OF BEGINNING, containing in area, 0. 18 8 acres of land, more or less. LEGAL DESCRIPTION OF THE PROPOSED EASEMENT FOR ORDINANCE PURPOSES BEING a 0.012 acre tract of land lying in the CHARLE S, WILLIAMS SURVEY, Abstract No. 59, Jefferson County, Texas, being out of and a portion of that certain tract of land described in an instrument to Salichaven Properties, LLC of record in County Clerk's File No. 2021007962 of the Official Public Records of Jefferson County, Texas being designated as part of a 50' wide road right-of-way casement of record in Volume 5 on Page 170 of the Map Records of Jefferson County, Texas and being out of and a portion of Lots 5 and 9 in Block 6 of Caldwood Acres of record in Volume 5 on Page 170 of the said Map Records, centerline being more particularly described as follows: COMMENCING at a 1/2" Capped Iron Rod found marking the South right-of-way line of College Street (a public roadway), the Northwest corner of Lot 4 in Block 6 of said Caldwood Acres, the Northeast corner of said Lot 5, having Texas State Plane Coordinates values of N: 13,967,540.70' and E: 3,500,897.20'; THENCE S 8602410611 W along and with the South right-of-way line of said College Street and the North line of said Lot 5 for a distance of 4.00 feet to an existing powerline and being the POINT OF BEGINNING of the herein described centerline, having Texas State Plane Coordinate values of N: 13,967,540.45' and E: 3,500,893.2l'; THENCE, over and across said Lots 5 and 9 and with the centerline of the herein described tract the following three (3) courses: THENCE S 04013'06" E for a distance of 124.68 feet to an existing powerpole and being an angle point; THENCE S 01019102" E for a distance of 114.80 feet to an existing powerpole and being an angle point; THENCE S 0701215411 E for a distance of 10.12 feet to a guy anchor, traversing a total distance of 249.60, feet to THE POINT OF TERMINATION. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Nathan Rivers PROPERTY OWNER: Safehaven Properties, L.L.C. LOCATION: 5555 College Street EXISTING ZONING: C-M (Commercial — Manufacturing) and GC -MD (General Commercial -]Multiple-Family Dwelling) PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: College Street EAST: Commercial SOUTH: Cormnercial. WEST: Commercial COMPRF,,IFIENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: —0. 18 8 acres, more or less City Street developed by adjacent property X — Area determined to be outside the 500 year floodplain. SURROUNDING ZONING: N/A GC -MD (General Commercial - Multiple -Family Dwelling) C-M (Commercial — Manufacturing) and GC -MD C-M (Commercial — Manufacturing) Stable Area Unnamed street — Undeveloped local street with an approximately 50' right -of way. College Street is curb and gutter 2" water line crossing the right-of-way 6" sewer line extending into the right-of-way from the cast. • Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Abandonment Tag Name: Abandonment of Road Right -of -Way Case#. PZ2022-15 Initiated On: 11/15/2021 11:21:22AM Location: 5555 COLLEGE ST, BEAUMONT, 77707 Individuals listed on the record., Agent Nathan Rivers Home Phone: 1660 S. 23rd Street Work Phone: Beaumont, TX 77707 Cell Phone: E-Mail: setex@setexconstruction.com Applicant Nathan Rivers Home Phone: 1660 S. 23rd Street Work Phone: Beaumont, TX 77707 Cell Phone: 4098805185 E-Mail: setex@setexconstruction.com Property Owner Safehaven Properties, LLC Home Phone: P.O. Box 20658 Work Phone: Beaumont, TX 77720 Cell Phone: E-Mail: Flood Zones Flood Zone X Construction Type Occupancy Type Fire District Notes Case Type: Planning and Zoning Page i of I Case #: PZ2022-15 Printed On: 1/31/2022 City of Beaumont Planning Commission Dear Commission: This letter is to request abandonment of the Road Right -of -Way at 5555 College Street, Beaumont, Texas 77707. The property currently has a building which was constructed in the 1970's. Upon transfer of ownership this year, there was found an older plat from 1931 which had a hand-written note referring to "Road Right -of -Way". This was not reflected on the last survey from 2001 nor the 1929 Plat. A portion of the building falls into the easement as can be seen on the most recent survey (see attached). We are requesting the City of Beaumont allow the abandonment of this Right -of -Way. There will remain a small utility easement for the Utility companies for the service line that feed the building on this property. Attached to this packet you will find the Application for Abandonment, most recent Survey, proposed Utility Easement, and the 1931 Plat. It is understood that if the Planning Commission recommends the Right -of -Way abandonment., I am to provide an appraisal, Title commitment and payment prior to this item being listed on the City Council Agenda. Should you have any questions, please contact me at (409) 880-5185. Thank you for your consideration I le-1% Respectfully b u fitted, Nathan Rivers Safehaven Properties, LLC P.O. Box 20658 Beaumont, Texas 77720 APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date: November 15, 2021 We, the undersigned, being the sole owners of all the property abutting the proposed abandonment of the Road Right -of -Way at 5555 College Street hereby respectfully petition that the right-of-way, alley, or utility casement be closed and abandoned. OWNER and ADDRESS Lot Block Safehaven Properties, LLC (tract) (tax plat) 5555 College Street 5 6 Beaumont, Texas 77/N7 Signature: Name: Nat an Rivers Addition (survey) Q a 1 dwo. o d Acres NOTE: Please print or type your naive and then use signature. Separate sheets may be used. P.O.T. N: 13,967,291,30' E: 3,500,906.29' �(.�rd.� PI�iYlgd�af.�,�R w`�,1��,r`�(ff�� i��,41!`;•'44iv�F�7 �Jd,�.!��Id�iJrY�C�;��,.x Jf `d' 'f+1:iti tlMl (C'ca'."wulill 'k :, PP 50' Road Right of Way Easement Val. 5, Pg. 170 p M'.R.J.C.T. DNG Automotive, LLC CCF'No. 2010019764 O.P.R.J,C.T. 1 i Lot 4 —S 07`12'54"E 10.12' Lot 9 - S 01'19'03" E 114.80' I� 1 0.012 Acres I I G q I Co dwood Acres I Voi. 5, Pg. 170 I M,R,J,C.T. Ipp e S 0413'06" E 124.68' g1 I I Safehaven Properties, LLC CCF No. 2021007962 O.P.R,J.C.T, l 1 Lot 5 Sign Sign 0 Line Table Line # Direction Length L1 S86'24.06"tti 1 4.00 . 0. /✓j 'F Yz"' Capped, Iran P.O.B. Yz" Capped Iron Rod Found N:1,3,967,540,45' Rod Found N:13,967,540,70' E.3,500,893.21' E:3,500,697.20' College Street Notes: 1. This survey was performed, and this plot was prepared without the benefit Commitment. OF of a Title bearings distances "StFp�� 2. All coordinates, and indicated hereon are based' on the `17 ic1 * :1f1 State Plane Coordinate values — South . Central Zone 4204. Mitchell Lee Brackin d 51 63 Subject Property located in Flood Zone: X4O�'aass�°�� Community Panel No. 485457 0035 C ri✓�rj S U Mitchell Lee Brackln FIRM Dated, 08106102 Registered Professional Land Surveyor No. 5163 D(9.\PROJECTS\21177.0000—TI—Entergy Easement\Survey\Drowings_Current\21177—Ti_SY.Enaement.dwg Oct 22, 2021 01:39pm 2t wide Utility Easement - Entergy Texas, Inc. SHT. Nth. ::: IINC. PROJECT NAME: Safetlaven Properties, LLC S 5 6'onnttftEnOmm an tL ndffiam wa 5555 College Street r1405 CORNERSTONE COURT, BEAUMONT,TEXAS Beaumont, Texas 77707 PROJECT NET. �. PH'. (409) 832-7238 FAX (409) 032.730'3' 21 t77_T1 T.B.P.E. FIRM #11600 r T.X.L.S. FIRM #100186 @ COPYRIGHT 2021 FlTTZ d SHIPMAN, Wa DATE: Oct 22, 2021 VOM a M= a IM Approx. Property Line Approx. Easement line oil V -]Mda t?,1110�611--,, 01. Cwt &j yo, b 'woo cqi O'er 21 01 to, re o: 0' V, 9 L "S bd II pp 15 C\j Vy 01, IR E I'd E 131 f2 6,Q RID ',I PZ2022-15: Request to abandon a portion of a City street right-of-way. Applicant: Nathan Rivers Location: 5555 College Street 0 100 200 1 i L 1 Feet