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Home My WebLink About575-OBFP7X1 I&Wq DATE: July 20, 1998 TO: Planning Commission FROM: Stephen C. Richardson, Planning Director SUBJECT: Request to abandon all or part of a 20 foot wide platted utility easement lying at the rear of Lots A and B, Evalon Court Addition. FILE: 575-OB STAFF REPORT Mr. Leon Pettis, living at 2630 Evalon Avenue, wishes to construct a below ground swimming pool in his backyard. He owns Lot B, Evalon Court Addition. Lots A and B is a 1981 replat of Lots 1, 2 and 3, said addition. Since the 20 foot wide easement extends across the rear of Lots A and B for 192 feet, Mr. Don Owen, owner of Lot A at 2610 Evalon Avenue has joined in the application to abandon all or part of the platted easement. A memorandum explaining the request was transmitted to City, utility company and DD #6 officials on May 1, 1998. There are no City services lying in the easement. However, Entergy, Entex Gas and Southwestern Bell Telephone Company each have utilities lying underground in and across portions of the easement. After an extended period of negotiation between the utility companies, Mr. Pettis and the Planning Division staff, an agreement for a partial abandonment has been reached. The City has received a "partial release of easement", dated June 4, 1998, from Entergy/Gulf States, Inc. agreeing to abandon the south 10 feet (S. 10') of the 20 feet wide utility easement extending across the north 20 feet of Lots A and B. A copy of a "release of easement rights", dated June 23, 1998, from Southwestern Bell Telephone Company is in agreement with the abandonment of the south 10 feet (S. 10) of the easement. A "partial release of easement", dated June 22, 1998, from Entex, A Houston Industries Company, agrees to abandon the south 15 feet (S. 15') of the easement. If it is the desire of the Planning Commission and City Council to abandon this easement, only the south 10 feet by 192 feet of the subject 20 foot wide platted utility easement should be abandoned, LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the south 10 feet of a 20 foot wide utility easement platted along the rear 20 feet of Lots A and B, Evalon Court Addition, being a replat of Lots 1, 2 and 3, said addition, said 20 ft x 192 ft easement being shown on the subdivision plat filed in Volume 13, page 82 of the Jefferson County Map Records. The south 10 feet (S, 10) of said easement to be abandoned has dimensions of 10'x 192and contains 0.044 acres of land, more or less. R. LEON PETTIS ATTORNEY AT LAW 2636 McFADDIN STREET P.O. BOX 3407 BEAUMONT, TEXAS 77704.3407 4091832.1254 April 27, 1998 Mr. Murray Duren, Senior Planner, Planning Division City of Beaumont 810 Main Street, Room 210 P.O. Box 3827 Beaumont, Texas 77704 VIA: RAND DELIVERY RE: APPLICATION FOR ABANDONMENT OF UTILITY EASEMENT Dear Mr. Duren, We are now hand delivering to you the following, to -wit: 1. our check payable to the City of Beaumont in the amount of $200.00; 2. our completed application with signatures of the abutting land owner together with a copy of the survey of this property. We would appreciate your consideration and attention to this request at your earliest convenience. Should additional information be needed, please let us know. Ver truly ours L on truly RLP/ps 0427-8 Duren.ltr/WkA u4/29/1998 13:57 409-032-41149 ' R LEUN PE I T iS AI I V vlUZ 3 R. LCON 1 11,4175 XnURNHY NI'JAW M6%FAN NNI,aM-r I '; X min M 1 fin F"KME409mi'1251 I-4X4W111314" April 29, 1.998. Mr. Murray Duren, Senior Planner, Planning Divinion City of Beaumont 810 Main Street, Room 210 P.O. B40X 3027 Beaumont, Texas 77704 VIA rAX: 880-3732 AR. Ala FDX-C. "ki N FOR_ ADA200 HT ()y UTZ ,T,y Dear Mr. Duren, As a follow-up to my letter to you dated April 27, 1998, r am writing this letter to Set forth the reasons for the requested abandonment, We desire to uL in a swimming pool. in our back ar, mainly for my wife (who suffpers from severe arthritis) and alsoyfodr our grandchildren. Although we are requesting an abandonment for the entire twenty (20) feet, we could probably get by with Only fifteen (15) feet and leave a five (5) toot Utility eaaerftent near the bark property line near the fence where, We understand, the electrical and gas linen now are located. We would very much appreciate you expediting this request as much as posuible and should you need additional information, please let us know. Thank you. KLP/-v Oug-0 uurm'FAX "RjjXh GiTY OF BEAUMONT Pl-"'MNING DIVISION C -D I V C R. LEON PETTIS ATTORNEY AT LAW 2636 WFADDIN STREET P.O. BOX 3407 BEAUMONT, TEXAS 77704-3407 JUN 5 J993 '% ^ ry 409/832-1254 Mr. Murray Duren, Senior Planner, Planning Division City of Beaumont 810 Main Street, Room 210 P.O. Box 3827 Beaumont, Texas 77704 VIA: HAND DELIVERY June 5, 1998 RE: APPLICATION FOR ABANDONMENT OF UTILITY EASEMENT - Dear Mr. Duren, As requested, we are now hand delivering to you a copy of the drawing prepared by Mr. Carlton Wood of Coastal Pools. Carlton advises me that the telephone cables will not be in the way of building the swimming pool, as the edge of the pool will be at least two (2) feet away from the telephone cables. As you know, Mr. James Bryant of Entergy Company (Phone number 785-2266) has agreed to release and abandon the South ten (10) feet of the easement. We have requested Mr. Bryant to fax the confirmation of that decision to your office, which we trust you will have received by the time you return from your trip next Tuesday. You have received the fax from Mr. David Burkett of Entex verifying that the gas lines run only about two (2) inches inside the North (back) fence line and West fence line so they are completely out of the way and should not be any problem. We are attempting to get a release or abandonment from Southwestern Bell and hope to have something on that for you, again, when you return. After you have reviewed the enclosed drawing by Coastal Pools, please call me so that we can see what else remains before we can start construction on our pool. Thank you. V y tru yours eon Pettis RLP/ps 0605-8 Pettis.app.WkB FILE: 575-013: Request to abandon all or part of a 0' vwide utility easement extending NORTH across the rear of lots A & B, Eva on Court Addition,. SCALE 1 "--20O' I fN10 k I ,A. 'r! ar rJ It 11 10 9 d r d' e r t i rJ .f ° 11 r0 9 0 ✓d fr E /9 t0 If ra :• t;T e6 t7 zd zv awI.. k'd aN r! 16 IT Pe L,OUISIANA (A'SH) �?�LVE LOUISIANA lu `J ° v I 6 P r rJ !l I rf K7 ' 9 d (1 i • • s ! mow., . 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"llitcicy—DO HEREBY CERTIFY THAT THIS SURVEY %VAS THIS DAY MADE 0,14 THE SURFACE Or THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND 13 CORRECT. I FIND NO OISCREPANCIES, Sl IORTAGES IN, ENCROACHMENTS OR OVERLAPPINO OF IMPROVEMENTS ON Till SURFACE OF GROUND, EXCEPT " A$ SHOWN HEREON. flay 30, 089 A411 DATE SURVEYEDi- I MA11K tr. WHITELEY —REGISTERED F �r.tllfit F 4 9- ATS, g(r] A q S rw,MIC011poNATED r"vsN1'1"s0 A5,"E)RrEK-PN1Ens uh rr Pq OX F492 DEPAM.01�)' "TEXAS 70G �JOKJez JUH-02-98 03:16 PM 014 P. 02 GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Leon Pettis PROPERTY OWNER: Leon Pettis, et ux and Don Owen STATUS OF APPLICANT: Property owner LOCATION: 2610 and 2630 Evalon Avenue EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 10' of the 20' wide easement = 0.044 acres, more or less EXISTING LAND USES: Easement (utilities) FLOOD HAZARD ZONE: "C" - Minimal flood hazard -M VR Fil I—sa �l; F691 1 1111159411] [it -IjaNkNo NORTH: Residential RS EAST: Residential RS SOUTH: Residential RS WEST: Residential RS COMPREHENSIVE PLAN: Stable Area I Lei I re 10-1 k1a 9 9%16 .1 16C 010 FEATURES: None STREETS: Evalon Avenue & Tenth Street DRAINAGE: Storm sewers in Evalon & Tenth Street. WATER: Water lines in Evalon & Tenth. SANITARY SEWER SERVICE: Sanitary services in Evalon & Tenth. FIRE PROTECTION: Station No. 7, 1700 McFaddin Avenue. ADEQUACY OF SERVICE: Services are adequate.