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HomeMy WebLinkAboutPZ2022-186DATE: June 27, 2022 TO: Planning Commission FROM: Chris Boone, Interim City Manager SUBJECT: Request for the abandonment of a portion of the south end of Winfield Drive. FILE: PZ2022-186 STAFF REPORT" Johnathan Hart has requested the abandonment of an approximate 0.073 acre portion of the south undeveloped end of Winfield Drive 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 PZ2022-21 G 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. AL DESCRIPTION OF THE RIGHT-OF-WAY FOR ORDINANCE PURPOSES BEING a 0.073 acre tract strip of land lying in the Noah Tevis Survey, Abstract No. 52, Beaumont, Jefferson. County, Teams, said 0.073 acre being a portion of Winfield Drive, (a 60-foot wide public roadway originally named Short Street and dedicated on map of Crockett Addition, a subdivision recorded in Volume 3, Page 173, Map Records, Jefferson County, Texas), said 0.073 acre strip being more particularly described by metes and bounds as follows: Note All bearings and coordinates are grid, based ©n the Texas Coordinate Systetn of 1983 (NAD83), South Central Zone. COMMENCING at a capped iron rod stamped "Access Surveyors" set marking the intersection of the South right of way line Crockett Street (a 60-foot wide public roadway) with the East right of way line of said Winfield Drive, same being the Northwest corner of Lot 4, Block 1 of said Crockett Addition, said capped rod having a Texas State Plane Coordinate Value of N: 13,970,666.40, E: 3,513,823.47; THENCE S 03032'411' E with the East right of way line of said Winfield Drive and the West line of said Block I a distance of 199.97 feet to a capped iron rod stamped "Access Surveyors" set marking the East right of way line of said Winfield Drive, the West line of said Block 1, and being the POINT OF BEGINNING and North corner of the herein described strip of land; THENCE S 03032141 " E with the West line of said Block 1, the East right of way line of said Winfield Drive, and the East line of the herein described strip of land a distance of 72.71 feet to a capped iron rod stamped "Access Surveyors" set marking the South corner of said Block 1, the Northwesterly line of that certain right of way described in an instrument to A.T. & S.F. Railroad of record in Volume 1434, Page 104, Official Public Records, Jefferson County, Texas, an angle point in said Winfield Drive right of way, and being an angle point for the herein described strip of strip of land; THENCE S 20049'25" W (called S 24015' W) with the Northwesterly line of said railroad right of way, the Southeasterly line of said Winfield Drive right of way, and the Southeasterly line of the herein described strip of land a distance of 65.79 feet to a capped iron rod stamped "Access Surveyors" set marking the Northwesterly line of said railroad right of way, the Northeast corner of Lot 1, Block 3 of said Crockett Addition, the Southeast corner of said Winfield Drive right of way, and being the Southeast corner of the herein described strip of land; THENCE S 86007'18" W with the North line of said Lot 1, the South right of way line of said Winfield Drive, and the South line of the herein described strip of land a distance of 33.02 feet to a capped iron rod stamped "Access Surveyors," set marking the North line of said Lot 1, the South right of way line of said Winfield Drive, and being the Southwest corner of the herein described strip of land, frorn which a 1/2-inch iron rod found marking the Southwest corner of said Winfield Drive right of way bears S 86'07'18" W a distance of 1.91 feet; THENCE N 20049125" E crossing the existing right of way of said Winfield Drive, parallel to and at 30.00 feet perpendicular distance from the Northwesterly line of said railroad right of way a distance of 145.82 feet to the POINT AND PLACE OF BEGINNING, containing in area 0.073 acre of land, more or less. GENERAL INFORMATION/1"UBLIC UTILITIES APPLICANT: Jonathan Hart for BNSF Railway Company PROPERTY OWNER: City of Beaumont LOCATION: The south end of Winfield Drive. PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: 411welm MMINIMITMOMEM, NORTH: Vacant EAST: BNSF Rail SOUTH: Vacant WEST: Industrial COMPREHENSIVE PLAN: DRAINAGE: WATER: SANITARY SEWER SERVICE: HI (Heavy Industrial) —0.073 acres, more or less City Street X — Area determined to be outside the 500 year floodplain. SURROUNDING ZONING: HI (Heavy Industrial) HI III HI Conservation and Revitalization Winfield Drive — Local Street with an approximately 60'right-of-way. Open ditch None in the right-of-way. 6" sewer line along the west edge of the r.o.w U MONT Planning a Connnitinity Development Case Type:Planning and Zoning Case Sub Type: Abandonment Case #: PZ2022-186 Location-, 451 GOLIAD ST, BEAUMONT, 77701 Individuals listed on the record: Agent Jonathan Hart 335 E. Palm Lane Phoenix, AZ 85004 Applicant Jonathan Hart 335 E. Palm Lane Phoenix, AZ 85004 Property Owner BNSF Railway Company 2650 Lou Menik Drive M0132-392 Attn: James Ball Fort Worth, TX 76244 Flood Zones Construction Type Occupancy Type Fire District Notes: Flood Zone X Case Status: PAY FEES Tag Name: Abandonment of a porlion of Winfield Dr./Short Street Initiated On: 5/11/2022 11:10:52AM Home Phone: Work Phone: Cell Phone: 7137759015 E-Mail: Joinathan@rowadvisors.coni Home Phone: Work Phone: Cell Phone: 7137759015 E-Mail: Jonathan@rowadvisors.com Home Phone: Work Phone: Cell Phone: E-Mail: Case Type: Planning and Zoning Page 1 of I Case #: PZ2022-186 Printed On: 5125/2022 May 2, 2022 Planning and Zoning Commission City of Beaumont 801 Main Street, Suite 210 Beaumont, 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 0.0729 acre undeveloped portion of Winfield Drive. 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 recornmends 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, Jonathan Hart Attorney at 1,aw R.O.W, Advisers, Ll-.0 Tel: (713) 775-9015 Email: jonathan@rowadvisors.corn CMid I 15, ry, Ra r e my 4 au :.i ¢ O i 3i 1 t f 9 ui ZO Y ^ ui 0 LU i W�wz UJCDW _ W LU LLI l 03 in LU U) n z y ==!u'i-i cry,LL zn $; r I 2 civil M pf✓Y � d f w�r 6 L3-,. w,YS ttf Yvr,�,7 P �' r`a• k Yl 13, �-� � 3i Ij a ! _ p CI v; J �. 5 Y PP r i �o q q ➢ uVIS VitFM''Pq i""' 7- i, pCY✓ i � '. tr Yne' �„ ✓y �,�" W �➢ Pr R'lfmi i7T�'y�" a /��/�r� r'k�' %N ✓ ' V, ' � „W`Y✓�u1,�9 + ut�"✓3d94 ; � Y, f ' �, � "Cf �'�� .iY � } I "ai .aS,d y-a P "P y o y Men ' 4 .a p .. atl:9Ylhlgk��7/itfr a�,a �a-za rs>..,qus ay.ay..s - za-as-oe,+.s,��ssl;^as�uua..a,a�aasrro-a^:zv,, PVT WWI 220110M � 9 r' r V a r 6 b 6ej � I M4ti�t i 3;M1J.SIv©3� S N k A� � IIIP W�yA`h a�k'a S t Y SC'QL tl11 M: NBRIMNl,1Yr'" > yy LIN, ,+mPea�dTs���=ays ��:crs - ravwa�.sips:+sva�eaes.�,;,�5,.a-sa>,aaoc«,z,,='.e ura zs�a;m zzoarmzrr EMBIT OF THE PROPOSED ABANDONMENT OF A PORTION OF WINFIELD DRIVE (ORIGINALLY NAMED SHORT STREET) Located in Beaumont, Jefferson County, Texas (60, R.O.w.) and being out of the Noah Tevis Survey, Abstract No. 52 Crockett Street 1', 0. C. Set Capped Rod IACCESS - N.- 13,970,666.40 E. 3,513,823.47 4 1 3 1 2 4 1 Blo�k 2 41ocke�t Add. 6 7 cn P. 0. B. 9 OiO73 Acre Winfield Drive R.OM to be abandoned (originally named Short Street),. 10 as dedicated for public u, ` Vol. 3, P . 173, CT. 12 eed line Set Capped Rod 'ACCESS' from which a Found 112* Rod beary S 86'07'18" W 1.91, s 86-07'18" W 3.3.021 Block 3 Crockett Add.- Tn I N 89*13'47' E 121.0 4 4 3 2 II Blo4 1 Crpekett Ad& MRHJCT 5 I 1-6 13 W.G. Anderson dba The Anderson Co. Tract 5(2) FC No. 102-75-1435 RPRJCT Merdle Haney Tract No. Two CF No. 103-50-1926 RPRJCT 9 (3 Surveyor's Notes: W 1. This survey was W C.) completed without the benefit of a title q(A Commitment, and not �j all easements or servitudes, whether of record or not, were researched at the time rn of this, survey or shown hereon. 2. A field note description of even date accompanies this plot. 3. All bearings and coordinates are grid, based on the Texas Coordinate System of 1983 (NADBJ), South Central Zone. C9 0 Set rod with plastic cap stomped "ACCESS SURVEYORS" unless otherwise noted, SCALE: 1 40' EXHIBIT PREPARED FOR: The City of Beaumont 1 Scott N. Brockin, Texas Registered Professional Land Surveyor No. 6650, do hereby certify that I have made a survey on the ground of the property shown hereon, and that the survey is true and correct to the best of my knowledge and belief. Survey Dated., December 14, 2021 Plat Dated. January 5, 2022 WSW W V nv OF .Sz1rv4?yors, LLC ...... ............. <,'oi7ji?rcrcia1 - Indzistrial - R6,sieler2tial SCDTT M t3RACK]N 11025 Old Voth Road - Beaumont, Texas 77713 4, 6650 . .- Telephone (409) 838-6322 Facsimile 838-6122 OPE0. www.occess-surveyom.com 0 rpls5163@aol.com O tiFi 1 Scott N, 8mckin File: 2021931-PA Firm No. 10136400 Technician., UDS Reglatered Profewidnal Land Surveyor No. 6650 Z2022-186: Request for the abandonment of a portion of the south end of Winfield Drive. ,pplicant: Jonathan Hart for BNSF : The south end of Winfield Drive. 100 200 1 1 Feet