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HomeMy WebLinkAboutORD 24-030ORDINANCE NO.24-030 ENTITLED AN ORDINANCE ABANDONING A SANITARY SEWER EASEMENT IN LOT 8 OF THE COLLEGE ACRES ADDITION AT 4595 COLLEGE STREET, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, WHEREAS, Jared Riggenbach, has applied for the abandomnent of a 6' wide sanitary sewer easement at 4595 College Street, being Lot 8 in the College Acres Addition, David Brown League Survey, Abstract No.5, City of Beaumont, Jefferson County, Texas, containing 0.0238 acres, more or less, as described in Exhibit "A," and shown on Exhibit "B," attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion the abandom-ent of a 6' wide sanitary sewer easement at 4595 College Street, being the southern property line of Lot 8 in the College Acres Addition is in the best interest of the City and should be granted, with the following condition: 1. A new easement and sanitary sewer line to be dedicated to the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, THAT the 6' wide sanitary sewer easement at 4595 College Street, being Lot 8 in the College Acres Addition, David Brown League Survey, Abstract No.5, City of Beaumont, Jefferson County, Texas, containing 0.0238 acres, more or less, as described in Exhibit "A," and shown on Exhibit "B," attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law, with the following condition: 1. A new easement and sanitary sewer line to be dedicated to the City. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Governnent Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 Sth day of Jude, 2024. LEGAL DESCRIPTION OF THE RIGHT-OF-WAY FOR ORDINANCE PURPOSES BEING 0,0238 acres of land in the David Brown League, Abstract No. 5, in the City of Beaumont, Jefferson County, Texas, being a part of that certain tract of land designated as Parcel 3 and described in the deed to O'Reilly Auto Enterprises, LLC recorded in Jefferson County Clerk's File No. 2014003057, Official Public Records of Jefferson County, Texas, being a part of Lot 8 of College Acres, a subdivision recorded in Volume 5, Page 34, Map Records of Jefferson County, Texas, being all of that same 6-foot wide sanitary sewer easement recorded in Volume 963, Page 84, Deed Records of Jefferson County, Texas, said 0.0238 acre tract of land is described by metes and bounds as follows: BEGINNING at a 5/8 Inch "Huitt-zollars" plastic capped iron rod found on the north line of that certain 0.9616 acre tract of land described in the deed to O'Reilly Auto Enterprises, LLC recorded In Jefferson County Clerk's File No. 2022041263, Official Public Records of Jefferson County, Texas and the north line of Lot 20 of the Columbus Cartwright Subdivision No. 1 recorded in Volume 1, Page 112, Map Records of Jefferson County, Texas, said capped Iron rod being the southeast corner of said 6-foot wide sanitary sewer easement, the southeast corner of said Parcel 3, the southeast corner of said Lot 8, the southwest corner of Lot 9, said College Acres, and the southwest corner of that certain tract of land designated as Tract l and described in the deed to Sutherland Lumber —Southwest, Inc. recorded In Jefferson County Cleric's File No. 2013010199, Official Public Records of Jefferson County, Texas, from said capped iron rod a 5/8 inch "Baseline Corp." plastic capped iron rod found for the northeast corner of said 0.9616 acre tract and the northwest corner of that certain tract of land designated as Tract III and described In said deed to Sutherland Lumber -- Southwest, Inc. bears North 86 degrees 40 minutes 45 seconds East, 36.44 feet; THENCE, South 86 degrees 40 minutes 45 seconds West along the south line of said Parcel 3, the south line of said Lot 8, the north line of said 0.9616 acre tract and the north line of said Lot 201 173.00 feet to a point on the east right-of-way line of 23rd Street (60 feet wide) as dedicated by the plat recorded In Volume 5, Page 34, Map Records of Jefferson County, Texas, said point being the southwest corner of said Parcel 3, the southwest corner of said Lot 8 and the northwest corner of said 0,9616 acre tract, from which a 5/8 inch "Baseline Corp." plastic capped iron rod found for the southwest corner of said 0.9616 acre tract bears South 03 degrees 23 minutes 15 seconds East, 200.00 feet; THENCE, North 03 degrees 23 minutes 15 seconds West, along the east right-of-way line of said 23rd Street, the west line of said Parcel 3 and the west line of said Lot 8, 6.00 feet to a point from which a 5/8 inch "Baseline Corp." plastic capped iron rod found for the northwest corner of said Parcel 3 bears North 03 degrees 23 minutes 15 seconds West, 294.00 feet THENCE, North 86 degrees 40 minutes 45 seconds East, 173.00 feet to a point on the east line of said Parcel 3, the east line of said Lot 8, the west line of said Lot 9 and the west line of said Tract I, from which a 5/8 inch "Huitt-Zollars" plastic capped iron rod found for the northeast corner of said Parcel 3 and the northwest corner of said Tract I bears North 03 degrees 23 minutes 15 seconds West, 294.00 feet; THENCE, South 03 degrees 23 minutes 15 seconds East, along the east line of said Parcel 3, the east line of said Lot 8, the west line of said Lot 9 and the west line of said Tract I, 6,00 feet to the POINT OF BEGINNING and containing 0,0238 acres of land. BLAUMONT Planning & Community Development Case'Type:Planning and Zoning Case Sub Type; Abandonment Case 0: PZ2024-17 Location: 4595 COLLEGE ST, BEAUMONT, TX, 77707 Individuals listed oti (lie record: Applicant Jared Riggenbach 1750 Seamist or„ Suite 160 Houston, TX 77008 Property Owner O'Reilly Auto Enterprises, LLC 233 S, Patterson Springfield, MO 65802 Flood Zones Construction Type Primary Occupancy Type Secondary Occupancy Type Fire District Occupancy Load Code Edition Sprinkler System Additional Comment Notes: Case Status: REVIEW Tag Nance: Abandonment of Sanitary Sewer Easement Initiated On: 1/17/2024 4:34:21 PM Home Phone: 2817949760 Work Phone: Cell Phone: 2817949760 E-Mail: jriggenbach a baselinesurveyors.riet Home Phone: 417-862-2674 Work Phone: Cell Phone: NIA E-Mail: dgalloway9@_oreillyauto.com Case Type: Planning And Zonlncg Page 1 of 1 Case M PZ2024A7 Printed On: 2/13/2024 January 17, 2024 Ms. Demi Engman Planning Manager Planning & Community Development City of Beaumont 801 Main Street, Suite 201 Beaumont, Texas 77701 Re: Request for abandonment of Sanitary Sewer Easement O'Reilly Auto Parts -- 4695 College Street Dear Ms. Engman, Baseline Corporation (Baseline) is the Surveyor for O'Reilly Auto Enterprises, LLC (O'Reilly). O'Reilly is working on a project to redevelop their property at 4595 College Street, There Is a conflict between O'Reilly's proposed building and the existing sanitary sewerlsanitary sewer easement within the O'Reilly property. O'Reilly's Civil Engineer, OWN, Inc. has prepared plans to re-route the sanitary sewer around the proposed building. To my knowledge, those plans have been approved by the City. Baseline has prepared a sanitary sewer easement for the proposed re-routed sanitary sewer. This easement has been submitted to Ms. Antoinette Hardy, Real Property Coordinator for the City. This easement will replace the existing easement within the O'Reilly property. The purpose of this letter is to formally request the abandonment of the existing sanitary sewer easement within the O'Reilly property. The easement to be abandoned was dedicated by the instrument recorded in Volume 963, Page 84, Deed Records of Jefferson County, Texas. The easement to be abandoned Is 6' In width and runs along the south line of Lot 8 of the College Acres subdivision. The easement to be abandoned lies wholly within property owned by O'Reilly. O'Reilly also owns the property south of and abutting the easement to be abandoned. Baseline has prepared a survey drawing and metes and bounds description of the easement to be abandoned. We are attaching them to our application for reforence. We are also attaching the survey of the O'Reilly property. On said survey, the easement to be abandoned is shaded red and Lot 8 of the College Acres subdivision is outlined In blue. Finally, we're attaching to our application a copy of the aforementioned document which dedicated the easement to be abandoned (Volume 963, Page 84). Please review our application and let me know if you have any questions or require additional Information. Thanks In advance for your assistance with this request. Sincerely, BASELI4gagen ORATION J d ch, CST e for Survey Technician -- Project Manager 1760 Seamist Drive, sulfa 100, Houston, Texas 77008 1 713.069.0165 1 TxSury C-10030200 I BaselineSurueyors,not APPLICAMON FOR PUBLIC RIGHT-OF-WAY, ALLEY OR IJTILiTY EASEMENT ABANDONMENT Application Ownership List Daw January 17, 2024 We, Cite undersigned, being tite sold owners of all the property abutting the proposed abandonment of a 6' wide sanitary sewer easement recorded in Volume 936, Page 84, Deed Records of Jefferson Couniy,.Texas �_. hereby respect illy petition that (lie right-of-way, alley, or utility easement be closed and abandoned, OWNER and ADDRESS aRellly Auto Enterprises, LLC Jim Riggs, Senior plrector, Raul Estate Development O'Reilly Auto Enterprises, LLO Jim Riggs, Svnlor Director, Real Eslalo Developmont Lot Biotic ddi i (Irttct) (tax, plat) (survey) a NIA College Acres 20 NIA Columbus Cartwright Subdivlslon No. 1 NOTE: Please print or type your nauto and then tiso signature, Separate Sheets may be used, t • .......... ...... .......... ...... 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'�"'bl6aTtyJt (i=tDEbS1C 7110 t'i�l.l K[a (OPLliY6GIMY7S.T%(alJ4j lSIE) M7'•:ua gStl9 DOLL�O tlsY• Ut117.itar7wlianj 7etuY7•tS0N7:1 [.\/ ifAy170NY11E11.t!717G7 1t7013-M IS'iK[4RIIIv1!:.L fA 7t Sle£1: S�12 7111/.1nl SSI [Inil�wS nslCnrAl i yy U.S ,-lIGHWAY No, 90 (COLLEGE STREET) ; I FOUND 5/8" HUITT--ZOLLARS PLASTIC CAPPED IRON ROD N-13,987,757.27 E-3,504,622.69 LOT Q COLLEGE ACRES d' VOL. 5, PG. 34 N. M.R. J. C. T. o� W a � W PARCEL 3 1� OREILLY AUTO ENTERPRISES, LLC �z J. C.C. F. No. 2014003057 O.P.R.J,C. T Z ®!,A1'7II0 BROWN f.. Z LE A GUEo �1Qg H' 141 6' SANITARY SEWER EASEMENT TO BE VACATED 0.023E ACRES 6' SEWER EASEMENT VOL. 903, PG. 84 D.R,J.C.T. N86040'45"E 173.00' r �•E TEnmis tS . EC11 CEOAR f' 9 01{15tC'RCLE SRISIOL z _ pEi+i r•' �X r 1t0U-'MD00 �+ SUBJECT 2R Nn PROPERTY N STACO T S IF 1 lip W LL gp @ z a ••1 6 ni1E111p:iT E11FN j� E CORE Y tiROCK CORLEY CAR RIORT / {5 � VICINITY TY MAP 1)1 3, 000' LOT 9 COLLEGE ACRES VOL. 5, PG. 34 M. R. J C. T. TRACT 1 SUTHERLAND LUMBER — SOUTHWEST, INC. J, C. C.F. No, 2013010199 0. P.R. J. C. T. '23'15"E 6.00' S86'40'45"W 173,00' N66'40'45'E 36.44' POINT OF BEGINNING FOUND 5/8!' HUITT—z01_LARS PLASTIC CAPPED IRON ROD N-13,907.467.81 E=3.5044,640.42 0.9616 ACRES TO,- LOT 20 O'REILLY AUTO ENTERPRISES, LLC COLUMBUS CARTIWIGHT J. C. C.F. No. 2022041263 SUBDI VISION No. 1 O.P.R.J.C.T VOL. 1, PG. 112 U.R.J.C.T JI\07i01ElyAuto\2000000OD0.002 ORallly 13ooumont TX f31.1t Updatn\U.00—Survey\0.02_CA00\0.02.2_dwg\6' SSE to be vacated.de9 FOUND 5/8" BASELINE CORP PLASTIC CAPPED IRON ROD A 1/2" IRON ROD BRS.Nii1v, 1.4- G' SEWER EASEMENT VOL. 9031 FAG. 83 D.R.J.C.T. TRACT Ill SUTHERLAND LUMBER — SOUTHWEST, INC. J. C, C.F. No, 201 JO10199 O.P.R,J.C.T N 0 10' 20, 40' DATE: JANUARY 17, 2024 0.0238 ACRES OF LAND IN THE �Re DRAWN BY: LIAR DAVID BROWN LEAGUE, ABSTRACT � V AUTO PART 0u011ne Corporallon TzSurvP•100]0100 APPROVED BY: SEW No. "i, IN Tl IE CITY OF BEAUiNONT, J 1750 soarp1st 0r, SO 160 JOB No.: 2000000009.003.2 JEFFERSON COUNTY, TEXAS 11ouslon.TX77008 (U SANITARY SEWER EASEMENT - CORPORATE? Or-r-10 3 233 SOUTH PATTERSON !� 713.869.0165 rvw OaseTneSvr"e w1j1e1 PAGE 3 OF 4 TO BE VACATED) SPHINGFIKU, MISSOURI 65002 (417) 002-2074 TRMPNON6 METES AND BOUNDS DESCRIPTION 0.0238 ACRES OF LAND IN THE DAVID BROWN LEAGUE, ABSTRACT No. 5 IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS (6' SANITARY SEWER EASEMENT — TO BE VACATED) BEING 0.0238 acres of land In the David Brown League, Abstract No. 5, in the City of Beaumont, Jefferson County, Texas, being a part of that certain tract of land designated as Parcel 3 and described in the deed to O'Reilly Auto Enterprises, LLC recorded in Jefferson County Clerk's File No, 2014003057, Official Public Records of Jefferson County, Texas, being a part of Lot 8 of College Acres, a subdivision recorded in Volume 5, Page 34, Map Records of Jefferson County, Texas, being all of that same 6-foot wide sanitary sewer easement recorded In Volume 963, Page 84, Deed Records of Jefferson County, Texas, said 0.0238 acre tract of land is described by metes and bounds as follows: BEGINNING at a 518 inch "Huitt-Zollars" plastic capped Iron rod found on the north line of that certain 0.9616 acre tract of land described In the deed to O'Reilly Auto Enterprises, LLC recorded In Jefferson County Clerk's File No. 2022041263, Official Public Records of Jefferson County, Texas and the north line of Lot 20 of the Columbus Cartwright Subdivision No. 1 recorded In Volume 1, Page 112, Map Records of Jefferson County, Texas, said capped iron rod being the southeast corner of said 6-foot wide sanitary sewer easement, the southeast cornet- of said Parcel 3, the southeast corner of said Lot 8, the southwest corner of Lot 9, said College Acres, and the southwest corner of that certain tract of land designated as Tract I and described in the deed to Sutherland Lumber-- Southwest, Inc. recorded in Jefferson County Clerk's File No. 2013010199, Official Public Records of Jefferson County, Texas, from said capped iron,rod a 618 Inch "Baseline Corp." plastic capped iron rod found for the northeast corner of said 0.9616 acre tract and the northwest corner of that certain tract of land designated as Tract I I I and described In said deed to Sutherland Lumber-- Southwest, Inc. bears North 86 degrees 40 minutes 45 seconds East, 36.44 feet; THENCE, South 86 degrees 40 minutes 45 seconds West along the south line of said Parcel 3, the south line of said Lot 8, the north line of said 0.9616 acre tract and the north line of said Lot 20, 173.00 feet to a point on the east right-of-way line of 23111 Street (60 feet wide) as dedicated by the plat recorded in Volume 5, Page 34, Map Records of Jefferson County, Texas, said point being the southwest corner of said Parcel 3, the southwest corner of said Lot 8 and the northwest corner of said 0.9616 acre tract, from which a 618 inch "Baseline Corp." plastic capped iron rod found for the southwest corner of said 0.9616 acre tract bears South 03 degrees 23 minutes 15 seconds East, 200.00 feet; THENCE, North 03 degrees 23 minutes 15 seconds West, along the east right-of-way line of said 231d Street, the west line of said Parcel 3 and the west line of said Lot 8, 6.00 feet to a point from which a 518 inch "Baseline Corp." plastic capped iron rod found for the northwest corner of said Parcel 3 bears North 03 degrees 23 minutes 15 seconds Vilest, 294.00 feet THENCE, North 86 degrees 40 minutes 45 seconds East, 173.00 feet to a point on the east line of said Parcel 3, the east line of said Lot 8, the west line of said Lot 9 and the west line of said Tract I, from which a 518 inch "Hultt-Zoilars" plastic capped iron rod found for the northeast cornet - of said Parcel 3 and the northwest corner of said Tract I bears North 03 degrees 23 minutes 15 seconds West, 294.00 feet; Page 1 of 4 THENCE, South 03 degrees 23 minutes 15 seconds East, along the east line of said Parcel 3, the east line of said Lot 8, the west line of said trot 9 and the west line of said Tract I, 6.00 feet to the POINT OF BEGINNING and containing 0.0238 acres of land. The bearings herein were derived from redundant RTK GPS observations and are based on the Texas Coordinate System, South Central Zone (4204), NAD 83 CORS adjustment. The distances herein are surface datum. To convert to grid multiply by a combined project adjustment factor of 0.99994826. This description was prepared In conjunction with surveys made on the ground in January and February of 2020, March of 2022 and with a survey drawing prepared by Baseline Corporation and bearing the same date as this description (Pages 3 and 4 of 4 herein). January 17, 2024 STEVEN E. WILLIAMS sup Page 2 of 4 THE STATE OF TEXAS COUNTY OF JEFFERSON s BEFOlm ME t�to: tindorsigned authority, on this ,day I>er-• sonolly appoaved ' S oytart' O'Dell known to me to'be% to pa•son w►ose name s su uvr`a Eo too" foregoing instrument, and noknowlodrad to no that ho executed tho sums Cor tho parposos and considoration thoroin oxpressod.' G1VFN U DER.14Y HAND and seal of officd this day of A. A. DI 195 —notary ubis in and ni► JeffersonJ Comity, Texas. .I{°1..... lull+f+If11.ItH 11. - • j q !1 t 1 fl THE STATE OF TEE t KNON ALL Y.04 BY THESE PR SPUSt COUNTY OF J£FFERSON TIIAT/11I#, I, C. h. Holland- - - --.- of Jefferson County, Texas, for and in consideration of the gum of One ($1,00) Dollar and other good and valuable consideration to M/me in hand paid by, The City of Beaumont, a ►unieipal corporation domiciled in Jefferson County, Texas, receipt of which is hereby asknm{lodged and oonfesned, have.CWT60 and CON.. VEYED, and Ely these presents do OMW and COWEY unto the aaid Tho City of Beau- mont, its auooessora and asaigns,•an easement for sewer purposes only, noross property osmad by ljolme and situated in Jefferson County, Texan, more partieu� laxly describod as follow, to -wit: Being an easement six (6) feat in width off the south line of Lot or Block g College -Acres Addition to the City of Buautnont, Jefferson County, Texas, the houtll line of said easement being the south line of said Lot or Blook a TO HAVE AND TO 1101.D the game perpetually unto The City of Beaumont and its auooeaoora, together with .the light and privilege at any and all times to enter said premises or wly part thereof for the purpose of construotinp, reconstruating and maintoining said sewer,ntuf for making Connections thereydth, all upon the con- dition that The City of Beaumont mill at all times nftor doing tiny work in connec- tion trith'the constrUction, roconstruotion or repair of said nower or any latarel thoraef, reatare aaid prO iaes to the condition in which same wris found tafore such work Has undertaken, and that in the use of said rights and privileges heroin granted The City of Beaumont Tdll not eretite a nuiaanoe or do 'anything that vdll be detri- mental to said premiaas. WITIMM o/ij/rry hands at Denamont, Texan, thin day of ' , A. -D. 19 59 , C. B.. Holland THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, an this day per- sonally appeared C. wB i O LA known to ms to be tre person w osa name xs su seri637a ti—To — foregoing instrument, and acknovilodged to me that he executed the same for the purposes and consideration therein oxprossod. CIVEN UNDER MY "Al"D and seal Of affica this �' �_`. clay of �f��j/�7 f—J i ?t�! A. D. 195 f otary io nAdfoi oft o! son J County, Taxa$. ..........1,a 11 THE STATE OF TKXAS Z ...8 311 MOO ALL MM UX TIMSE Pfl SERMt COWITY OF JEFFERSON I THAT We All W. E. Ward and wife, Wanda Ward ' of Jefferson County, Texas, for and in consideration of the aura of One ($1.00) Dollar and other good and valuable Considoration to us/Iap in,band paid by The City of Deaarrlent, a rnurlioipal corporation'domioiled in Jefferson County, Texas, receipt of whioh is hereby acknoeiledged and Confessed, have ORAiirED and CON- VEYED, and by these presents do CRAM' and COi{M unto tho said The City of Beau- mont, itn successors and aoeignn, an ossement for sonar purpoaea only, across proyrcrty osmed by usltV and situated in Jefferson County; Texas, a:ore partiou- larly dosoribed ae-foii oars, to -nit: Being an easement six (6) foot in widl-it off the south line of Lot or Block 19 College Acres Addition to the City of Beaumont, Jeffersolt County, `texas, the south line of said easement being the south line of said Lot or Block 19. ZZU44-17: Request to abandon a san�' y sewer easement in Lot 8 of the Coil ',. Acres Addition. ppiicant: Jared Riggenbach of Baseline Corporation ) acation; Easement located along the southern property line of Lot a of the College Acres Addition. o 100 200 i 1 i - _ _ I Feet U&rid