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Home My WebLink AboutPZ2023-50DATE: March 2O.2OZ3 TO: Planning Commission FROM: Derni Engman, Planning Manager SUBJECT: Request to abandon a portion of the Carpenter Road right-of-way. FILE: PZ2023-50 STAFF REPORT Chris Phillips is requesting to abandon of a portion of Carpenter Road located between Oak Ridge Street and Broussard Road. Approval ofthis request will allow Mr. Phillips tocare for the right-of-way as vegetation has taken over the pavement due to constant flooding. It appears this portion ofthe roadway has not been maintained bythe City for some time. The City does have a waterline and sewer line within the existing right-of-way, including street However, the City has maintained infrastructure for the entirety ofOakridge Street and the majority of Carpenter Road. Carpenter Road has overgrowth and excessive vegetation to appnox|rnate|yone acre ofthe right'of-vway. |nthe futua�the City may need toaccess this r1ght'of-vvayfor health, safety, improvement, development, loop water lines, etc. As such, this request may hinder future City plans to improve the right-of-way and complete the road Planning staff recommends denial of the request, This item was sent to all interested parties. Exhibits are attached. LEGAL DESCRIPTION OF THE RIGHT-OF-WAY FOR ORDINANCE PURPOSES, BEING g 0.592 of an acre strip of land lying in the D. EASLEY SURVEY, Abstract Number 20 in Jefferson County, Texas, said 0.592 of an acre being an unimproved portion of Carpenter Road /a 60 ft. wide public road right-of-way) and being more particularly described by metes and bounds esfollows: Note: All bearings are based onthe Texas Coordinate System of 1983(NAD83)South Central Zone. BEGINNING at a capped iron rod ("ACCESS") found in the north right-of-way line of Carpenter Road, for the southwest corner of a 0.258 acre tract of land described as Tract 4 in an instrument to Paul Baer, et ux, recorded in Volume 711 on Page 86 of the Deed Records of Jefferson County, Texas (DRJCT), the southeast corner of a 1.00 acre described in an instrument to Chris Phillips, recorded in Clerk's File No. 2010000283 of the Official Public Records of Jefferson County, Texas (OPRJCT), and the northeast corner of the herein described strip; THENCE South 69059/42" East crossing Carpenter Road along the east line of the here|ndescribedstrip,adistanceofGl.18fee1toacapped|ronazd("A[ZESS")setinthesouth r1ght'of-vvayline ofCarpenter Road and the north line ofa2.Z53 acre tract ofland described as Tract 1 in that same instrument to Chris Phillips recorded in [[erKs File No. 20I0000283 (OPRJCT), for the southeast corner of the herein described strip, from which a capped iron rod ("BAR LL[) was found in the south right-of-way line of Carpenter Road, for the northeast corner ofsaid 2.2S3acre tract at North 3U~2O'l9°East, 87.I9feet; THENCE South 30r2O'l9"West, along the south right - line ofCarpenter Road, the north line of said 2.253 acre tract and the south line o[the herein described strip, a distance of43S.9O feet toa capped iron rod ("ACCESS") set in the south right-of-way line ofCarpenter Road and the north line of said 2.253 acre tract, for the southwest corner of the herein described strip, from which a 3/4" pipe was found in the south right-of-way line of Carpenter Road, for the northwest corner of said 2.253 acre tract at South 30'D20"19"" West, 146.56 feet; THENCE North 70~33'16" West, crossing Carpenter Road [|ght-of+wayalong the west line of the herein described strip, a distance of 59.63 feet to a capped iron nod ("'ACCESS,") set in the north right-of-way line of Carpenter Road and the south line of 0.359 acre tract described in an instrument to Chris Phillips, recorded in Clerk's File No. 2010041077 (OPRJCT), for the northwest corner of the herein described strip, from which a l/Z" iron rod was found in the north right'of-vvayline ofCarpenter Road, for the southwest corner ofsaid 0.359 acre tract at South 30'07~22" West, 35.50 feet, and from said 1/2" iron rod a I" pipe was found in the north right-of-way line of Carpenter Road at its intersection with Broussard Road aiSouth 3O~O7'22"West, 1,99O.4Ofeet; THENCE North 30~07'22° East along the north right-of-way line of Carpenter Road' the south line of said 0.359 acre tract, the south line of said 1.00 acre tract and the north line of the herein described strip, a distance of434.2U feet to the POINT AND PLACE OF BEGINNING, containing 0.592 of an acre of land, more or less. An exhibit showing the proposed abandonment of the above -described strip of land accompanies this description (Access GENERAL INFORMATION/PUBLIC UTILITIES EXISTING ZONING: ABANDONMENT SIZE: EXISTING LAND USFS: ZONE: FLOOD HAZARD SURROUNDING LAND USES: NORTH: Residential EAST Residential SOUTH: Residential WEST: Residential Chris Phillips City ofBeaumont Portion of Carpenter Road between Oak Ridge Street and Broussard Road RS (Residential Single Family Dwelling) 10.59Iacres, more or less Vegetated right-of-way AE—Special flood hazard areas inundated bv1OO'vear flood, base flood elevations determined. RS(Residential Single Family Dwelling) RS RS Stable Area Carpenter Road — Local Street with approximately 58` right-of-way. Open ditch 6"water line along Carpenter Road O"sewer line along Carpenter Road BEAUMC3NT Planning & Community Development Case Type:Plannirig and Zoning Case SUb Type: Abandonment Case M PZ2023-50 Location: 11435 CARPENTER RD, BEAUMONT, 77713 Individuals listed on the record. - Agent chris phillips 11435 carpenter rd beauniont, TX 77713 Applicant chris phillips 11435 carpenter rd beaumont, TX 77713 Property Owner chris phillips 11435 carpenter rd Beaumont, TX 77713 Flood Zones Flood Zone AE Construction Type Occupancy Type Fire District Notes: Case Status: REVIEW Tag Name: Request to Purchase Abandoned Right of Way Initiated On: 2/6/2023 7:09:45AM Home Phone: 4098933195 Work Phone: Cell Phone: E-Mail: phillipsrenovations@yahoo.cern Home Phone: 4098933195 Work Phone: Cell Phone: 4098933195 E-Mail: phiIlipsrenovations@yahoo.com Home Phone: 4098933195 Work Phone: Cell Phone: E-Mail: phil.lipsrenovations@yahoo.com Case Type: Planning and Zoning Page 1 of 1 Case #: PZ2023-50 Printed On- 316/2023 Hello, My name is Chris Phillips I am a life long resident of Beaumont I am wanting to purchase the abandoned right of way on Carpenter Rd in Beaumont, Tx 77713, 1 have owned the surrounding tracts of land since 1999. To my knowledge the right of way of interest is a washed-out portion of Carpenter Rd. that hasn't been a usable roadway since the early 1980s. It sets very close to Pine Island bayou and regularly goes under water. According to neighbors that have lived in this area at the time, they informed me that the city road crews would repair the roadway after floods but eventually stopped do fio constant flooding. Since then nature has reclaimed it, There is no visible evidence of a road left, it goes down into a very low swampy area. I believe that being able to purchase it would benefit both me and the city of Beaumont I would assume it would be added io the tax roll and land taxes then be collected If any additional information is needed please contact me Thank you for your time Chris Phillips 11435 Carpenterrd Beaumont, Tx 77713 409-893-3195 EXHIBIT OF THE PROPOSED ABANDONMENT OF A 3OR N O CARPENTER ROAD Locoled in Beaumont, Jefferson County, Texas A�; b 6 and being out of the D. Easley Survey, Abstract No. 20 Paul Boor, et ux 0. 258 acre cvply O\N V 711 P 86 (7 9 OPRJCT din Pin SOB e -451 on ). Found", q Chris Phillips Capped Roth 81. 11.2 called 1.00 acre (*ACCESS�, (Tra c t 4) 60.1 CF# 2010000283 OPRJCT SCALE: I "' = 70' Chris Philiips Ccabled 0.359 tic. CF# 2010041077 OP, JCT 58.7 Pond 0. 592 A c. i Carpenter Road R.O.W. to be abandoned 60 ft (unimproved Wde public road Ay right—of—way) N R Er Chris Phillips Called 2.253 acre (Tract 1) CF# 2010000283 OPRJCT "Mo. 0% (y % Mo Alan Mehravaran 0 = Set lapped Iron Rod, Called 0.7494 cc. stamped ACCESS SURVEYORS' , CF# 2019003204 or as noted OPRJCT C o = Additional Monuments Found (not specified) 0 = Utility Pole —O)iE— = Overhead Utilities 0 0/1 Ql�y Surveyor's Notes: (1) All bearings are grid, bused on the Texas Coordinate System of 1983 (NA083), South Central one. (2) A field note description for the 0.593 acre right—of—way abandonment accompanies this plat. EXH1131T PREPARED FOR: The City of Beaumont 1, Scott N. Brackin, Texas Registered Professional Land Surveyor No. 6650, do hereby cerfify 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: 0112412023. /11� IV'-N LV E OF Surveyors, LLC SCOTT N BRACKIN & 6 6 6 a 6 0 a 6 6 * A * k t b 4 6 4 6 6 6 6 a a 6 Coniniercial - hidzisftial - Residewial 4 '10 -1 11025 Old Voth Rood — Be6.6650 ! Beaumont, Texas 77713 < Telephone (409) 838-6322 Facsimile 836-6122 k 0 S U R'J www. access —surveyors. com § rpls5163 @aol. corn Scott H. Brockin F71e, 202JOM—TS f7rm No. 10136400 Technfclan: 77?S Rag;stered Professiona) Lund Surveyor No. 6650 ��A cress Surveyors, LLC Commercial * Residential * Industrial January 24, 2023 FIELD NOTE DESCRIPTION 0.592 Ac. of Carpenter Road Right -of -Way In the D. EASLEY SURVEY, Abstract No. 20,, City of Beaumont, Jefferson County, Texas Firm No. 10 136400 BEING a 0.592 of an acre strip of land lying In the D. EASLEY SURVEY, Abstract Number 20 in Jefferson County, Texas, said 0.592 of an. acre being an unimproved portion of Carpenter Road (a 60 ft. wide public road right-of-way) and being ii-iore particularly described by metes and bounds as follows: Note: All bearings are based on the Texas Coordinate System of 1983 (NAD83), South Central Zone. BEGINNING at a capped iron rod ("ACCESS") found in the north right-of-way line of Carpenter Road, for the southwest corner of a 0.258 acre tract of land described as Tract 4 in an instrument to Paul Baer, et lix, recorded in Volume 711 on Page 86 of the Decd Records of Jefferson County, Texas (DRJCT), the southeast corner of a 1.00 acre described in an instrument to Chris Phillips, recorded in Clerk's File No. 2010000283 of the Official Public Records of Jefferson County, "I'exas (OPRJCT), and the northeast comer - of the herein described strip; THENCE South 69'59"42" East, crossing Carpenter Road right-of-way along the cast line of the herein described strip, a distance of 61.18 feet to a capped iron rod ("ACCESS") set in the south right-of-way line of Carpenter Road and the north line of a 2.253 acre tract of land described as Tract I in that same inSti"Llment 4 to Chris Phillips recorded in Clerk's File No. 2010000283 (OPRJCT), for the southeast corner of the herein described strip, from which a capped iron rod ("BAR LLC) WaS fOLind in the south right-of-way line of Carpenter Road, for the northeast corner of said 2.253 acre tract at North 30'20'19" East, 87.19 feet; THENCE South 30'20'19" West, along the south right-of-way line, of Carpenter Road, the north line of said 2.253 acre tract and the south line of the herein described strip, a distance of 433.90 feet to a capped iron rod ("ACCESS") set in the south right-of-way line of Carpenter Road and the north line of said 2.253 acre tract,, for the southwest corner of the herein described strip, from which a 3/4" pipe was found in the South right-of-way line of Carpenter Road, for the northwest corner of said 2.253 acre tract at South 30'20'19" West, 146.56 feet; THENCE North 70'3 3' 16" West , crossing Carpenter Road ri ght- of -way along the west line of the herein described strip, a distance of 59-63 feet to a capped iron rod ("ACCESS") set in the north right -of -ivay line of Carpenter. Road and the south line of a 0.359 acre tract described in an instrUnlent to Chris Phillips, recorded in Clerk's File No. 2010041077 (OPRJCT), for the northwest corner of the herein described strip, from which a 1/2" iron rod was found in the north right-of-way line of Carpenter Road, for the southwest corner of said. 0.359 acre tract at South 30'07'22"' West, 35.50 feet, and froni said 1/2" iron rod a J." pipe was found in the north right-of-way line of Carpenter Road at its intersection with BrOLIssard Road at South 30'07'22" West, 1,990.40 feet; THENCE North 30'07'22" East., along the north right-of-way line of Carpenter Road, the south line of said 0.359 acre tract, the south line of said 1.00 acre tract and the north line of the herein described strip, a 4 distance of 434.20 feet to the POINT AND PLACE OFBEGINNING, containing 0.592 of an acre of land, more or less, An exhibit shmling the proposed abandonment of the above- d scribed strip of land accompanies this description (Access Surveyors project no. 2023035). Page 1 of 1 11025 Old loth Road, Beaumont, Texas 77713 Office- (409) 838-6322 Fax: (409) 838-6122 Email: rp1s5163@),aol.com Web: www.access-sui-veyors.com File: 2023035—Carpenter Road Description Exhibit (01-24-23).Doex APPLICATION FOR PUBLIC RIGH'r-OF-WAY, ALLEY Olt UTILITY EASEMENT ABANDONMEN"I' Apiflication Ownership List Date. We, the undersigticd, being the sole owners of all the property kibutting the proj)oscd abandonment C4&--- that the right-of-way, alley, or utility easement be closed and abandoned, OWNER mid ADDRESS '14 i�lf j C• /'0 , hereby respectfully petition Lot Block Addition (tract) (tax plat) (survey) 7 7- & 7 NOTE: Please print or type your name and then use signature. Separate sheets may be used. PZ2023-50: Request to abandon a portion of the Carpenter Road right-of-way. Applicant: Chris Phillips Location: Portion of Carpenter Road between Oak Ridge Street and Broussard Road, 0 100200 Feet . ot r .3W A m Legend P Z2023" 50 MENKE U.N.' City Limits yj 0 RQ