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HomeMy WebLinkAboutPZ2022-187TO: Planning Commission FROM: Chris Boone, Interim City Manager SUBJECT: Request for the abandonment of a neighboring alleyway in Block 32 Forsythe Street. FILE: PZ2022-187 ,STAFFREPORT DATE: June 27, 2022 portion of the north end of Amarillo Street, the Cartwright Terrace and an adjoining portion of Johnathan Hart has requested the abandonment of an approximate 0. 1303 acre portion of the north undeveloped end of Amarillo Street, the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street for a proposed new railroad spur for BNSF Railway Company. BNSF plans to construct a new tract connecting two (2) existing segments. Various utility related concerns from the City Engineering Department have already been addressed. Planning staff recommends approval of the request with retention of the described utility easement and the following condition: 1. Obtain approval of PZ2022-216 for a new railroad spur. 2. If approved, applicant shall obtain an appraisal and Title Commitment for the property to, be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council's agenda. This item was sent to all interested parties. Exhibits are attached. LEGAL DESCRIPTION OF THE RIGHT-OF-WAY FOR ORDINANCE PURPOSES AMARILLO STREET ABANDONMENT A PORTION OF PLATTED AMARILLO STREET(60' WIDE) DEDICATED AND SHOWN ON THE CARTWRIGHT TERRACE ADDITION, A SUBDIVISION SITUATED IN THE DAVID BROWN SURVEY, ABSTRACT NO. 5, JEFFERSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 3, PAGE 147 OF THE MAP RECORDS 01, JEFFERSON COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND I" IRON PIPE FOR THE SOUTHWEST CORNER OF LOT 5, BLOCK 32 OF SAID CAW17WRIGHT TERRACE ADDITION RECORDED IN VOLUME 3, PAGE 147; THENCE ALONG THE COMMON LINE BEING THE EASTERLY RIGHTOF WAY LINE OF SAID AMARILLO STREET AND THE WESTERLY LINE OF SAID BLOCK 32, N031,22'26"W A DISTANCE OF 99.71 FEET TO THE, POINT OF BEGINNING; THENCE DEPARTING FROM SAID COMMON LINE N37" I 6'35"W A DISTANCE OF 107.57 FEETTO THE COMMON LINE BEING THE WESTERLY RIGHT OF WAY LINE OF SAID AMARILLO STREET AND THE EASTERLY LINE OF BLOCK 31 IN SAID CART RIGHT TERRACE ADDITION, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF LOT 11, REPLAT OF BLOCK 31 AS SHOWN ON TILE MAP OF THE WEST CARTWRIGHT ADDITION, ACCORDING TO THE MAP OR PLAT' THEREOF, RECORDED IN VOLUME 8, PAGE 75 OF THE MAP RECORDS OF JEFFERSON COUNTY, TEXAS; THENCE ALONG SAID COMMON LINE N03022'26"W A DISTANCE OF 50.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 11, SAID POINT ALSO BEING THE INTERSECTION OF TT--IE AFOREMENTIONED WESTERLY RIGHTOFWAY LINE OF AMARILLO STREET WITH THE SOUTHERLY LINE OF LAND DESCRIBED IN DEED DATED JULY 1, 1882, FROM AMANDA CAWFWRIGHT TO SABINE & EAST TEXAS RAILROAD COMPANY (NOW UNION PACIFIC RAILROAD), RECORDED IN VOLUME V, PAGE 133 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS; THENCE DEPARTING FROM SAID COMMON LINE ALONG THE SOUTHERLY LINE OF SAID UNION PACIFIC RAILROAD LAND DESCRIBED IN VOLUME V, PAGE 133, N86040'20"E A DISTANCE OF 60,00 FEET TO THE COMMON LINE BEING THE INTERSECTION OF THE AFOREMENTIONED EASTERLY RIGHT OF WAY LINE OF AMARILLO STREET AND THE WESTERLY LINE OF AFORESAID BLOCK 32 WITH THE SAID SOUTHERLY LINE OF UNION PACIFIC RAILROAD LAND, SAID POINT BEING 'THE NOIIXHWEST CORNER OF LOT 1, OF SAID BLOCK 32; THENCE ALONG SAID COMMON LINE S03022'26"E A DISTANCE OF 139.23 FEET TO THE POINT OF BEGINNING. CONTAINS 0.130 ACRES OR 5,677 SQUARE FEET, MORE OR LESS. FORSYTHE STREET AND 20'ALLEY ABANDONMENT A PORTION OF PLATTED FORSYTHE STREET (60'WIDE) AND THE PLATTED ALLEY (20'WIDE) DEDICATED AND SHOWN IN BLOCK 32 ON THE CARTWRIGHT TERRACE ADDITION, A SUBDIVISION SITUATED IN THE, DAVID BROWN SURVEY, ABSTRACT NO. 5, JEFFERSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 3, PAGE 147 OF THE MAP RECORDS OF JEFFERSON COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND I" IRON PIPE FOR'ri-IE SOUTHWEST CORNER OF LOT 5, BLOCK 32 OF SAID CARTWRIGHT TERRACE ADDITION RECORDED IN VOLUME 3, PAGE 147; THENCE, ALONG THE COMMON LINE BEING THE NORTHERLY RIGHT OF WAY LINE OF SAID FORSYTHE STREET AND TI IE SOUTHERLY LINE OF SAID BLOCK 32, N86'20'33"E, A DISTANCE, OF 123.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID COMMON LINE N86020'33"E A DISTANCE OF 17.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5,SAID POINT BEING'ITIE WESTERLY LINE OF SAID PLATTED ALLEY IN SAID BLOCK 32; THENCE ALONG THE COMMON LINE BEING THE EASTERLY LINE OF LOTS I THROUGH 5, INCLUSIVE, SAID BLOCK 32 AND THE WESTERLY LINE OF SAID PLATTED ALLEY, N03023'I 7"W A DISTANCE OF 238,82 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, SAID POINT BEING THE INTERSECTION OF THE SAID WESTERLY LINE OF THE PLA'ITED ALLEY WITHTHE SOUTHERLY LINE OF LAND DESCRIBED IN DEED DATED JULY 1, 1882, FROM AMANDA CARTWRIGHT TO SABINE & EAST "TEXAS RAILROAD COMPANY (NOW UNION PACIFIC RAILROAD), RECORDED IN VOLUME V, PAGE 133 OF "THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS; THENCE DEPARTING FROM SAID COMMON LINE ALONG Tl--IE SOUTHERLY LINE OF SAID UNION PACIFIC RAILROAD LAND DESCRIBED IN VOLUME V, PAGE 133, N86040'40"E A DISTANCE OF 20.00 FEET ToTHE COMMON LINE BEING THE INTERSECTION OF THE AFOREMENTIONED EASTERLY LINE OF SAID PLATTED ALLEY AND THE WESTERLY LINE OF LOT 6, OF AFORESAID BLOCK 32 WITH THE SAID SOUTHERLY LINE, OF UNION PACIFIC RAILROAD LAND, SAID POINT BEING THE NORTHWEST CORNER OF SAID LOT6; THENCE ALONG SAID COMMON LINE EXTENDED SOUTHERLY OVER AND THROUGH AFOREMENTIONED FORSYTHE STREET, S03-23'04"E A DISTANCE OF 298.91 FEET TO THE SOUTHERLY RIGHT OI�'WAY LINE OF SAID FORSYTHE, STREET, SAID POINT BEING THE NORTHWEST CORNER OF LOT 14, BLOCK 25, OF SAID CARTWRIG14T TERRACE ADDITION; THENCE DEPARTING FROM SAID SOUTHERLY RIGHT OF WAY LINE N35001'17"W A DISTANCE OF 70.51 FEET TO THE POINT OF BEGINNING. CONTAINS 0.135 ACRES OR 5,887 SQUARE FEET, MORE OR LESS. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Jonathan Hart for BNSF Railway Company PROPERTY OWNER: City of Beaumont LOCATION: The north end of Amarillo Street, the alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street. EXISTING ZONING: RS (Residential — Single -Family Dwelling) PROPERTY SIZE: —0.265 acres, more or less EXISTING LAND USES: City Street and alleyway FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year floodplain. SURROUNDING LAND USES: SURROUNDING ZONING: NOXI'H: Vacant HI (Heavy Industrial) EAST: Vacant III SOUTH: Residential RS (Residential — Single -Family Dwelling) WEST: Residential RS COMPREHENSIVE PLAN: Conservation and Revitalization s'rREFTS: Amarillo Street —Local Street with an approximately 60'right-of Way. Forsythe Street —Local Street with an approximately 60'right-of-way and 13' wide pavement. DRAINAGE: Open ditches WATER: None in the right-of-way SANITARY SEWER SERVICE: None in the right-of-way Ir Ufffil I] IT' jgK;M1F01 ill I I b I I Ill A VARA WA Case Type:Planning! and Zoning Case Sub Type: Abandonment Case #; PZ2022-187 Location: 2515 FORSYTHE ST, BEAUMONT, 77701 Case Status: PAY FEES, Tag Name: Abandonment of a portion of Amarillo Street and alley Initiated On: 5/11/2022 11:18:54AM Individuals listed on the record: Agent Jonathan Hart Home Phone: 335 E. Palm Lane Work Phone: Phoenix, AZ 85004 Cell Phone: 7137759015 E-Mail: Jonathan@rowadvisors.com Applicant Jonathan Hart Home Phone: 335 E, Palm Lane Work Phone: Phoenix, AZ 85004 Cell Phone: 7137759015 E-Mail: Jonathan@rowadvisors.com Property Owner BNSF Railway Company Home Phone: 2650 Lou Menk Dr MOB2-392 Work Phone: Fort Worth, TX 76131 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 M PZ2022-187 Printed On: 5/25/2022 May 2, 2022 Planning and Zoning Commission City of Beaumont 801 Main Street, Suite 210 Beaurnont, TX 77701 RE: BNSF Railway Company — Request to Abandon City Right of Way Dear Commission, On behalf of BNSF Railway Company, please accept this letter requesting to abandon certain City owned right of way, for review by the Planning and Zoning Commission and City Council:. The subject property consists of a vacant 0.1303 undeveloped portion of Amarillo Street, and' a vacant 0.1351 acre undeveloped alley north of Forsyth Street. BNSF is requesting an abandonment of this City property in order to facilitate the construction of new track connecting two existing segments. Along with this request, BNSF has been working with impacted private landowners to acquire the necessary property within the project footprint, and is working with the City of Beaumont to request a permanent easement for a rail crossing over Fannin Street. Additionally, BNSF has coordinated with the City of Beaumont Engineering Department to address various utility related concerns near the project footprint. Enclosed with this packet please find the following documents in support of this application: - Application/Ownership List - Project Design/Map - Survey Exhibits - Survey Information/Coordinates - Subject Property Maps Please let us know if any additional information is requested or if electronic versions of the above information are needed. BNSF respectfully requests consideration of this request to abandon the subject property. It is understood that if the Planning Commission recommends approval of this request, an appraisal', title information, and payment must be arranged prior to consideration by the City Council. Thank you in advance for your time and consideration. Respectfully Submitted, d.,I& Jonathan Hart Attorney at Law R.O.W. Advisors, LLC Tel: (713) 775-9015 Email: jonathan@rowadvisors.com 0 " � I IJ T)m Uv�"ta e o r" A 4 � ��y��,�"h""'� `h� t'�,�y�''•`ti � ! ... 4 m �,���a� ���xxxglllY� Mf y Y .x ilk Nit" r'` 2 fF µ w ED cxs a� a t ui C3 oa 7t a� LI.! a W CD LLJ Ew W wLLIL rw _j �JLLI ,M� w' I CO o E ? t . r 2 rr YYdw i I a Y U w „rr lb p �A N� � a r � I r k Mdh^P�Cq� 6 pp I /F nJ MAR s WIN c� y a Allt a ��a��� tl',+���•. rJ y II J w-_N �1%i/////%'+, ,..*. clog ;^k WINS llama �� y `V k _ Q VI 6 .✓ �� _ 1 � R y { I Wyry � { ✓ it r.� P RAy ,i t �^ t k c div 4 s b A a� ��h�,��P�k f �) f O` ,t' f %y)�✓�i,A'�r py9 k , Z 5 r �� H t" y � a � ss� k �nm alb qq �MHE INAP v0�©-,ea-V'wZSdg"rcrS asmi - X6'9502+\#l]YYiiwni�uiRµ xex]-9.�iG4Atl-6ea2Y+a WfY E:aipLdL 26L/02Y1 db _ _.. h5E5bj— al �I � 6 k tll lfUlJl�'H!Il�dlk' � j w I � �[�?20 2d g5ls;ea�S ou,TS - 269YW31S133+5 \'b+l]\ Oub�ny�,-gq�6gU ["�Y1'd ntl dr=5'„2 8Z9ZYbZlY AMARILLO STREET & ALLEY VACATION EXHIBIT A PORTION OF THE CARTWRIGHT TERRACE ADDITION, BEING A PORTION OF THE DAVID BROWN SURVEY, ABSTRACT 5, CITY OF BEAUMONT, COUNTY OF JEFFERSON, STATE, OF TEXAS I UNION PACIFIC 10 RAILROAD FOUND BENT N86a40'40" E 1" IRON PIPE 20.00' N86°40"20"E �m 60,00' f tT8. 11Ln z 1 2 G 7 I �2 1.2 c �j oQ to C WIZ U2. t1e,LIT E1LOCK 31 S J TERRACE REPLA'I" WEST --_I ADDITION CA'R'I WRIGHT r V. A P. 75 ADDITION n�i V. & P, 75 z N 15 y 4 14 9 fkA = N86®20'33"E ty c� FOUND 1" 5 17.00n GREEN < ON PIPE TRNEST�' EDGE O ASPHALT ROAD FUISYI H STD f (60' ROM s '� FOUND PINCHED FOUND PINCHED ' ' 1. 1" IRON PIPE 1" IRON PIPE 1 14 I � w 2 � 0 50 100 x (NFEE1 1 INCH = 50 FEET SURMEST PROJECT NO. P210174 ADM INFO: DRAV✓ItNGNAME: P210174-VACATION-EXLBIT1 REWdSION: REV DESC: SURMEI�AA<� e,u�i .wa. c"rarcN�m t 720259.9316 6501 [ 0e le a-xa Ava, Suite 300 a ntwsurv.sest earn EnIrdaad, CO 80111 A PORTION OF THE CARTWRIGHT TERRACE ADDITION, BEING A PORTION OF THE DAVID BROWN SURVEY, ABSTRACT 5, CITY OF BEAUMONT, COUNTY OF JEFFERSON, STATE OF TEXAS TITLE: ,gMARILLO STREET AND ALLEY i VA AT113N EXHIBIT DWN: CHKV DATE: SCALE: SHEET NO., JDdk9 PS ra11s1zuzl 1°=so 1 OF 1 I 17 o &0artiao�ii;Illf�77rr,i.. Z2022-187: Request for the abandonment of a portion of the north end of Amarillo Street, is neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of orsythe Street. 0 100 200 .p,plicant: Jonathan Hart for BNSF L I I I Feet ocation: The north end of Amarillo Street, the alleyway in Block 32, Cartwright Terrace and a ad.joinina portion of Forsythe Street.