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Home My WebLink AboutPZ2023-50 (02)DATE: April l7.2O23 TO: Planning Commission FROM: Demi Engman, Planning Manager SUBJECT: Request to abandon a portion of the Carpenter Road right-of-way. FILE: pZ2023'50 STAFF REPORT This item was tabled from the March 20, 2023 meeting by request of the applicant. Chris Phillips is requesting to abandon of a portion of Carpenter Road located between Oak Ridge Street and Broussard Road. Approval of this request will allow Mr. Phillips to care for the right-of-way as vegetation has taken over the pave rnent due to constant fiood\ng. The City does have a water line and street lights within the existing right-of-way and a sewer line Planning staff recommends approval of the request with the following conditions: 1. Shall retain the existing right-of-way as an easement. 2.Any street lights within the abandonment will convert to private security lights within private property upon approval ofthe abandonment. Security lighting \soptional and therefore, billing for continued usage shall be transferred to the owner or the lights will need toberemoved. B. No permanent structures or appurtenances shall be placed within the easement property. The City will not be responsible for any surface restoration when water and/or sanitary sewer repairs are necessary within the City of Beaumont water line or sanitary sewer line easement. 4. Ifafence is tohelnstaUedaminimum 6' wide gate shall beprovided for city crews to access the easement. This item was sent to all interested parties. Exhibits are attached. LEGAL DESCRIPTION OF THE RIGHT-OF-WAY FOR ORDINANCE PURPOSES BEING a 0.592 of an acre strip of land king 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 (e 60it. wide public road right-of-way) and being more particularly described by metes and bounds asfollows: Note: All bearings are based onthe Texas Coordinate System ofl983 (NAD83),, South Central Zone. BEGINNING at a capped iron rod ("ACCESS") found in the north d 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 1.00 acre described in an instrument to Chris Phillips, record. d 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 69~581421" East,, crossing Carpenter Road right-of-way along the east line of the herein described strip, adistance of6l.18feet ioacapped iron rod ("ACCESS") set inthe South right'of-vvayline ofCarpenter Road and the north line ofaZ253 acre tract ofland described as Tract l in that same instrument to Chris Phillips recorded in Clerk's File No. 2010000283 (OPR][T), for the southeast corner of the herein described strip, from which a capped iron rod ("BAR - ' L .C\vvasfound invv the ri�ht-of-ayline ofCarpenter Road, for the northeast corner t North 3O~ZOl8" East, 87 l9feei of said 2.2�� acre tract a or '� , . ' THENCE South 30020'19" West, along the south right-of-way line of Carpenter Road, the north line of said 2.253 acre tract and the south line ofthe herein described strip, a distance of433.9O 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 ofsaid 2.253 acre tract at South 30^20'19" West, 14656feet) THENCE North 70"33'16" West, crossing Carpenter Road right-of-way along the west line of the herein described strip, a distance of59.88feet to a capped iron rod ("ACCESS") set in the north right-of-way line of Carpenter Road and the south line of O.359acre 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 1/2" iron rod was found in the north right-of-vvayline ofCarpenter Road, for the southwest corner of said 0.359 acre tract at South 30007'22" West,, 35.50 feet,, and from said 1/2" iron rod a l" pipe was found in the north right-of-way line of Carpenter Road at its intersection with Broussard Road atSouth 3O'O7'22°West, 1,89O.4Ofeet; THENCE North 30~O7'212" 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 of434-2O feet to the POINT AND PLACE OF BEGINNING, containing 0.582 of an acre of land,i more or less. An exhibit showing the proposed abandonment of the above -described strip of land accompanies this description (Access Surveyors project no.ZO23O3S). GENERAL INFORMATION/PUBLIC UTILITIES ZONING: EXISTING ABANDON M ENT SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST- Residential SOUTH: Residential WEST: Residential SANITARY SEWER LSERVICE: Chris Phillips City ofBeaumont Portion of Carpenter Road between Oak Ridge Street and Broussard Road RS(Residential Single Family Dwelling) -U.SOZacres more orless Vegetated right-of-way AE—Specia\floodhazardaneasinundatedbvlOO'year flood, base flood elevations determined. SURROUNDING ZONING: RS(Residential Single Family Dwelling) RS RS RS Stable Area Carpenter Road — Local Street with approximately S8' Open ditch 6"water line along Carpenter Road BEA UMC3NT Planning & Community Development Case Status-, REVIEW Case Type:Planning and Zoning Tag Name: Request to Purchase Abandoned Right of Su Case b Type: Abandonment Way Case ft: PZ2023-50 Location: 11435 CARPENTER RD, BEAUMONT, 77713 Initiated On: 216/2023 7:09,45AM individuals listed on the record: Agent chris Phillips 1143 5 carpenter rd beauniont, TX 77713 Applicant Chris Phillips 11435 carpenter rd beaumont, TX 77713 Home Phone- 4098933195 Work Phone: Cell Phone: E-Mail: phillipsrenovations@yahoo-corn Home Phone: 4098933195 Work Phone, Cell Phone: 4098933195 E-Mail- phi Ilipsrenovatio ns@yahoo.cOm Property Owner Chris phillips Home Phone, 4098933195 11435 carpenter rd Work Phone: beaurnont, TX 77713 Cell Phone: E-Mail: phillipsrenovations�yahoo.coni Flood Zones Flood Zone AE Construct on Ty p e occupancy Type Fire District Notes: Case Type: Planning and Zoning Page I of I Printed Oil. 316/2023 Case #: PZ2023-50 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, I 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 1984s. 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 tv 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 to the fax 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 ABANDONMENT OF OF THE A ION O CARPENTER ROAD b 0 Az� C4 j Located it) Beout[70nt, Jefferson County, Texas ot � and being out of the D. Easley Survey, Abotract No. 20 .Ay Paul Bi7er, et ux q 0.258 acre V 711 P 86 off`/ 00 OPRJCT 1b c0ow C- Chtfs Phillips i#iped''Rod' '(IMCE�S� called 1.00 acre (Tra c t 4) ti CF# 2010000283 OPRJCT Pon d 0.592 A c. V, Carpenter Road R.O.W. to be abandoned (unimproved 60 ft wide public road —of—way) right V4 SCALE; I 70t C.) Chris Phillips ovkF1 OkIVE Chris Phiflips Called 0359 (1c. Called 2.253 acre (Tract 1) CF# 2010041077 20PRJCT10000283 OPRJCT ff O 58.7 lie 159 Alan Idehrovaran 0 0 Set lopoped Iron Rod, Called 0,7494 era.- O;k stomped 1ACCESS SURVEYORS', 4 rL, N" - CF# 2019003204 vv- .. . 0 or as noted OPRJCT h 0 = Additional Monuments Found (not specified) i.cr = Utility Pole Cy _0HE— = Overhead Utilities Surveyor's Notes: (1) All bearings are grid, based on the Texas Coordinate System of 1983 (NAD63), South Central Zone. (2) A field note description for the 0,593 acre right—of—way abandonment accompanies this Plot. EXHIBIT PREPARED FOR: Tile City Of B M017t 1, Scott N, Brackin, 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 Doted: 0112412023. jV Surveyors� LLC ra SCOTT N BRACKIN Inditstrial - Residenfial 6650 11025 Old Moth Road — Beuurnont, Texas 77713 Telephone (409) 838-6322 Facsimile 839-6122 su" VYWW.0ccess—surveyors.com § rp1s5163@aoLcon1 Scott N. Brackth Fga, 2023035-7S Firm No. 10136400 TeehnMan: TRS Registered Professional Land Survayor No. 6650 E Commereial * Residential e1ndustrial 511rileyorS FirrnNo. 10136400 LLC 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 BEING a 0.592 of an acre strip of land lying in the D. EASL EY 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 as follows: Note- All bearings are based on the Texas Coordinate System of 1983 (NAD83), South Central Zone. BEGMNING 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. 4 2010000283 of the Official PUblic Records of Wferson County, Texas (OPRJCT), and the northeast corner of the herein described strip; THENCE South 69'59'42" East, crossing Carpenter Road fight -of -way along the east 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 2.25 3 acre tract of land described as Tract I in that same instrument to Chris Phillips recorded in Clerk's,File N(O o. 2010000283 PRJur), for the southeast corner of the herein described strip, from which a capped iron rod ("BAR LLQ was found 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 C'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 comer of the herein described strip, ftom which a3/4' pipe was found in. the " i 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 7003 3'16" West, crossing Carpenter Road right-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-way line of Carpenter Road and the south line of a 0.359 acre tract described in an instrument to Chris Phillips, recorded in Clerk's File No. 2010041077 (OPRJC'I'), for the northwest cornor 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 comer of said 0.359 acre tract at South 3 0'0 7'22 " West, 35.5o 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 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 distance of 434.20 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 accompars es this description (Access Surveyors project no. 2023035). Page, I of I r 7t(409) 8386322 Fax: (409) 838-6122 11025 Old Voth Road, Beaumont Fexas 7713 Offee- - Email- rpls5163@aol.com Web: www -access -surveyors -coin File: 2023035-Carperater Road Description Exhibit (0 1- 4 - . Do cx APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date. We) the undersigncd, being the sole owners of all the property abutting the proposed abandoninent -2 of /111or p 3/— r that the right-of-way, alley, or utility easement be closed and abandoned. OWNER and ADDRESS Lot (tract) 7 4 J4 Czle� 114� 7 i dr diri S -'O.0'ex'06'effe, hereby respeeffiffly petition Block Addition (tax plat) (survey) 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- f�wa . Applicant: Chris Phillips �katicLocation:. art p • on of Carpenter broad between Oak Midge Street and Broussard Road@ 100200 feet ra M- ea. !' ii- •_.-/ E - I end ; r y Z/x r _psi i.: IL K r w1 Urnits, z- -4v JAL IL dh .r a r rr"i s a+ �1 ° i Ir EA V + iki. r 71 x § .r 13 _ } P X. *� I 1