HomeMy WebLinkAboutMiscellaneous~eI CITE' OF COLLEGE `STATIOI`I
LEGAL DEPARTMENT
/ Post Office Box 9960 1101 Texas Avenue
Texas 77842-D96D ~
College Station,
{409) 764-3507 ~ ~~ ~~ ~
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MEMORANDUM'
TO: Members of the City Council
FROM: Cathy Locke, City Attorney
RE Status Report -Culley Lipsey's Illegal Subdivision
of Land in the Extraterntonal Jurisdiction
DATE: Uctober 12,.1993
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The Council may recall the rather embroiled and time consuming problems #hat have
arisen out of an illegal subdivision in`the City's ETJ. The initial owner (who still owns the e
larger tract and subdivided portions off of ~t) is Mr. Culley Lipsey. On four separate
occasions, he sold parcels of approximately 5 acres to the-following people:. Mr. and
Dr. Henry, Mr. and Mrs. J. Brewster and Mr. Fred Willems. Mr. Willems further subdi-
vided the parcel he .purchased and sold it to his' son, Mr. Greg Willems.:. On August 3,
1993, Mr. Lipsey agreed to sign a settlement agreemen# and pay for the cost of platting
the property... At the second meeting in August, 1993, the Council approved the settle-
ment agreement and Mr. Willems water service agreement which was.contingent upon
the prior.
Although the Council approved the contracts, we had difficulty getting the agreements
executed. The last of the parties who were. supposed to sign, Gary and Lorene .Henry,
were `rovided the a reement and a copy of he plat..- Over a period of several weeks,
p_ g
two conversations with Lorene Henry did not result in a commitment from her one way
that
or another. Only. indirectly, through Steve Albritton, Willem s attorney, did we learn
she didn't want to execute the agreement and `plat because of he Electrical Depart-
ment's requirement of a sixteen foot wide easement for overhead electric lines across
the front of their properly: on Foxfire Drive. An investigation confirmed that. this was a
requirement placed on the plat by the Project Review Committee. -At our request,
Shirley_ Volk contacted the Electrical Department and learned that the line was rteces-
sary. An attempt was made to contact Lorene 'Henry to discuss this matter, however,
she did=not return the phone call.
This information was imparted to the City Council. No longer wanting to delay water
service to Mr. Greg ;Willems, the Council directed that Mr. and Dr. Henry be notified. A
letter was written explaining the enforcement process that: is being made necessary. by
their failure to plat the property, Prior to mailing the letter, several attempts<were. made
to contact Dr.' Henry. The settlement agreement and copy of the plat was collected
from her (still unsigned) by a runner from Steve Albritton's office. so water service. could
be turned on for Mr. WiAems. > Dr. Henry, who has been rather passive on 'this matter,
finally called just prior to the letter being Gent. She was informed tha# by her inaction
she was placing the Council in the position of having to .enforce the subdivision ordi-
Hance and that a letter would be sent. She stated that Culley Lipsey had promised her
F {~° QCT~1
js/a/lipsey2
from; Shrrey Volk
To: City-of College Staton,Cty Hall(jcallaway, jkee,.,,
Date: 3/l 3196 9:21 am
Subject. brut rice sewer -Reply.
My recollection is that lipsey"s lot is natplatted,- that is, a plat has never been filed for record, so my vote would be no to sewer service until that`matter is
taken care of. Don't know if legally we can. do that, laecause Britt was.. -not a party to the platting -Cully was.
»> Veronica Morgan 03/l2/9d 03;Z l pm »>
Britt rice is now asking for sewer service to his lot just outside of foxfire subdivision. believe that his lot is a part of the Cully ipsey illegal subdivision. do
we want to rov~de sewer service to his lpt with the ilia al subdivision? i need to know asa i've of a roe o
p g p, g p p rty caner calling: and asking about easements
that Britt; is trying to get from them,. and brut mentioned to me that he "has the sewer thing worked out". i called public utilities and they are the ones he
talked to but they have always told him to come talk to me about the foxfre sanitary sewer master plan and any requirements that engineering would have.
to my knowledge he hasnot asked.engineering
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From: Jane Kee
To svolk
Date. 3/21/9611:02am
Subject: request for sewer -Reply -Rely
Shirley, please pull our fees on this and see if there's any info in there that might be helpful to Cathy and send copies to her, This was the foxcreek
subdivision. is an etj sub. Thanks
»> Cathy Locke 0~/20196 02:03pm »> '
3/20/96 I will have to research this. I don't recall. 1 will assign this rfla to myself.
»> Veronica Morgan 03/2019611:OOam »>
brut ride is requesting information from me regarding: his ability to tie on to our sanitary sewer system, Cathy and rox, i have researched the acreage owned
by brio and found that it is part ~f the original Cully lpsey illegal subdivision just south of the foxfire subdivision. where do we stand on enforcement action
against Cully for the illegal subdivision? can we serve britt.with sewer service since he was part ofan illegal subdivision? can you all update me on the
staters?thanks.
CC: cloclte~jcallaway
CC: City of College Staton.City Hall(clocke, jcallawa...
From; Shirley Volk
To: CLOCKE
Subject: Foxcreek -Reply _
Cathy: Jane, Veronica and. I have searched our memory banks as well as our files,. and we have nothing that indicates any agreement had been reached on
this. The last correspondence I have is dated 10-21-94 and is a letter from you to James Stevenson & Cully Lipsey which refers to an easement dedication
'i document and a development agreement. In fact, in my file, there is a copy of a development agreement which was never executed. as far as we .know. So, as
far as we .know, the file COULDNT be filed. Did the easement :ever, get dedicated and did the agreement get executed? I don't wari~ to call him until I
understand all the facts of the case. ~ haven't had any information on this at all since I received a copy of your letter of Oct'94.
»~ Cathy Locke 0/28/96 09:23am »>
3/28/96 I pulled out the file on Faxcreek.
Did Culley ever file.the plat? It was my understanding that-that there was an agreement to-allow him to file the plat without the Henrys' signatures. If he
hasn't, you might want to call him and ask him to get it filed. It was my understanding hat we were going to'allow the property owners to tie into the City's
utilites and get _service. It was also my understanding that we would not take enforcement action against the Henrys'.
CC: JCallaway, JKee, VMorgan
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PrintP by Natalie Thomas 1/23/95
2:4Opm
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From: Natalie Thomas
To: Shirley Volk
Subject: Foxcreel~ Estates (fwd ~
==-=NQTE===-===---=-===9/13/94==9:02am=_
Several months a o ou and I..•worked on
g y
,~ ,
this plat to determine why it hadn't
been filed. Apparantly, one of the lot
owners refused to sign the plat and ~'~~
there was some discussion about
' n since the ro ert
parkland dedicatio p p Y
had been annexed. I remember informing
Greg Taggart of what needed to be done
. and returning the original to him to
,_
get the owner's signatures.
well, Roxanne came down Friday :and toad
me that there is another for -sale sign
on the ro erty and she's concerned
p p
that they're selling it again when the
~ plat still hasn't been fired. I know
that our legal department was invo-lved
~ because he illegally platted the
property so this isn't omething that
w,
the owner w-ill be motivated to file
like the situation is with most plats.
~-
,`~
What do we do...now.
~ Fwd=by:=Shirley=yolk==9:/13./94.==9:0.5am==
E .
Fwd to: Natalie '~homas
a
' Probably`we need to sit down with :Jane
` nd f i ure out what we're
& Roxanne a g .
Supposed to do nor! I kink bane has..
had some: conversations with someone
about some of these :lots. I'guess
~~ (maybe) they're in the City now?!~ I
~~ really don'.t know`:! I was pretty much
`~ out of that last Foxf ire annexation,
~+
~ and don't remember what took place in
~ the first one! Some help I am, hun!
Fwd=by:=Natalie=Thoma=9/13/94==9:13arn==
Fwd to: Jane Kee
What do you think?
~,
Fwd=by:=Jane=Kee=~====9/1394==4:46pm==
Fwd to: Natal ie Thomas
~C Roxanne Nemcik
~'; Jim remembers meeting with our
.,
<<
attorneys and an attorney representing
~~ the person who would not sign. A
settlement was negotiated. All- we can
do from an enf orcemer~t standpoint s
withhold any permits and or utilties
i
Page: 1
From:
To:
Date:
Subject:
Jane Kee
SVOLK
3/28/96 12:08pm
Foxcreek -Forwarded '-Reply
I don't recall that it was released for filing. I recall V and I sitting wI Brewster when he wanted to build a couple of years ago and discovering that the plat
had never been filed, - I think for some reason we could NOT file it. Cathy wrote a letter to Cully subsequent to that. it may tall us more.
>>> Shirley Yolk 03/28/96 11 :OOam >>>
Do you know anything about this?' I don't think the plat has been filed. At least, I don't remember that it was ever released for filing, and I can't fmd a copy
in the plat drawer.
cc:
clocke
~•J r CITY OF COLLEGE STATION
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~~ LEGAL PRTI~EN
POST OFFICE BOX 9960 110.1 TEXAS AVENUE:..
COLLEGE STATION, TEXAS 77842-9960
(4Q9) 764-3507
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MEMORANDUM
T0: Shirley Volk, Developrnent Coordinator
FROM: Cathy Locke, City Attorney
SUBJECT: Foxcreek Final Plat
,!
DATE: Februa 8 1994
~a
You have asked several questions concerning the f oxcreek Final Plat
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As you may reca 1, on December 2,1993, Jim Callaway, David Pul en, Bob Pohl,
' you and I rnet with James Stephenson, the attorney for Mr. and Dr. Henry. At
that meeting,. the staff agreed that there will be a dedication of a final easement
on the ro ert for both the existing underground electric- service facilities and
p p Y
the above ground electric service facelites.: As a part of the agreement, there is
to be a dedication of an electrical easement sixteen feet in width for
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underground along the front and a ten foat wide easement on the west property
1 line ad'acent lot . The Hen s are to a the cost differential between overhead
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utility installation and underground utility installation for underground service
j when the utilities are installed. It -was. agreed that payment will be under the
then existin artici ation ordinance. The. ordinance that I ave. Ste henson at
9P p 9 p
the meeting is the one that requires the subdivider to pay 20% ~Subdivisoon
Ordinance 9-F.1 which is Ordinance No. 202Q, dated July 8,1993}.
You :have stated -.that all of the subdivision is now in the City limits. It is rr,y recol-
lection that at least one final plat received City Coundil approval. In reviewong
the plat in the Legg Department files, I found that the designated utility ease-
meat was not restricted o underground utilities. If the Henrys still want to have
~. the restriction placed on the dedicated easement, hen the previously approved
plat will need to be changed and resubmitted through the system.l As far as
can tell this is sim I anew: final lat because the revious lat was never
pY p. p P
recordedm Also, before the final plat is Bled of record; the Henrys will need o
j execute an above ground and undergraund electric easement for the service
facilities in place on their praperty.2
1 This does not qualify as an amended plat because, one, the original plat was not recorded, and two, the orginal plat :does not meet the
requirements of Local Government Code §212.016. Further, although approved by the City. Council, thisplatcannotqualify as a replat
either, because here is no recorded plat to vacate.
~ 2 My :notes of the :meeting indicate that Stephenson intended to handle this by submitting a metes and bounds .description-for the
preparation of a separate instrument. If the Henrys wish to dedicate the easement for the ..above and underground utilities in place by
adding them to the new plat, I have not objection to this.
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js/clfeb94/henry
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~~ October 21,1994
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Mr. James F. Stephenson, Jr.
Sinex & Stephenson:, L.L.P.
a .
2323 S. Shepherd, Suite 11:50 ~
Houston, TX 77019
;,,
ull Li se
Mr.C Y p y
Hoelscher, Lipsey, Elmore & Smith
1021 University Drive
College Station, TX 77$40
RE: Plattin and Parkland Dedication
g
Fees for the Estates of Foxfire
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Gentlemen::
~~ rd from me but .the issue of the platting of
It has been awhile since you ,Last hea ,
' of been corn letel resolved. When l met with Jinn on
the Estates of Foxfire has n p Y .
2 1993 it was rn understanding that we had come to a resolution on the_
December ~ ~ Y ~ ent to.
ue of dedicat~n a sixteen foot wide electric easement an the Henry .tract ad~ac
iss 9 cal easement sixteen
Frost Drive. The agreement required the dedication. of an electn
'width for under round alon the front of the Henrys' 5.87 acres. The agreement
feet in g ~ n
'allow for. the Hen s to: a the: cost differential in overhead,and underground w e
will rY p Y ordi-
the utilities are installed. Pa merit will be under the then existing participation
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nonce. There will also be a dedication of a ten foot wide easement on the wes p p
~,
erty line.
' tl -a tem ora blanket under round utility easer~ent on
Although there,, Ls Curren Y p ~Y g
~ ro ert the Cit needs to have:. the conveyances made for the two permanent
the p p_ Y~ Y _ .
ements the subdivision lot filed, and the parkland dedication fees paid.. The .staff
eas p
Oes not care if the easements are dedicated in the plat or by separate instrument. In
d
the furtherance of that oal, I have enclosed a Deve opment Agreement f®r your
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n ideration. I have also enclosed a copy of the form easement that the City uses if
co ,
the Henr s refer to dedicate the easements by separate instrument.
yp
' to have this roblem final) resolved for the City before
would .very. much Ike p Y
the end of the year. Please do not hesitate to contact me on this matter.
Yours very truly,
_,
i4 - Cathy Locke
City Attorney
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Enclosures
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