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PRESUBMISSION .CONFERENCE REPORT
June 28, 1994
TO: Gregory Taggart, Municipal Development .Group
203 Holleman Drive East, College Station, TX 77840
Paul Clarke, Clarke & Wyndham Investments
3608 East 29th Street; Bryan, TX 77802
FROM:
Project. Review Committee
Jane Kee, City Planner
Veronica Morgan, Assistant
Craig Hall,. P&Z Represent
Others Attending
Natalie Thomas, Planning. T
Pete Vanacek, Parks.Senior
Tony Michalsky, Electrical Operations Coordinator
.Samantha Smith, Engineering Assistant
Tim DeDear, Fire Protection Specialist
Laverne Akin, GTE Representative
SUBJECT: Final Plat -South Creek Phase One; approximately 16.43 acres divided
into two. multi-family',1ots for the University Commons. Apartments located
along the north and' south sides of Colgate. Drive at the intersection of
Eastmark Drive. (94'-222)
A Presubmission Conference Meeting was held Wednesday, June 22, 1994 to discuss the
above mentioned .final plat. The 'Conference recommended approval of the final plat
with the following conditions:
CONDITIONS OF APPROVAL:
The proposed lot line and edge of the WPC dedications needs to continue across
to the WPC Amphitheater and needs to be an .actual lot line and not a
"proposed" lot line. Clarify. the overall dedication for the adjacent tract to the
west and do not designate as a lot. Refer to the area that is to be dedicated as
"Wolf Pen Creek Drainage and Pedestrian' Access Dedication (see note #_ )".
The note referenced should state, This property is being dedicated to the public
in fee simple as per Section 7.21.D of Ordinance Number 1638 the Zoning
Ordinance for the City of College .Station specifically "for improvements to be
made in compliance with the Master Flan for the .Wolf Pen Creek Corridor.
Developer has chosen the option to dedicate rather than make improvements as
per Section 7.21.D."
_ Show the floodway per the 1988 Nathan D. Meier study of "revised existing"
conditions on both sides of Wolf Pen. Creek. The final plat will proceed as long
as this floodway line is shown and with the. condition that a subsequent plat is
filed showing the actual location of the floodway line if the location should
change based upon the engineering study you are currently working on.
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PRC Report
South Creek I
Case #94-222
Page Z of 2
_ Note the 55' private access easement and. 20' public utility. easement on lot 1,
block 1 near Iot 2, block 1 as "existing" and reference the volume and page
numbers of when it was originally dedicated.
Clarify the 20' sanitary sewer easement near the Sutton Place Subdivision.
_ Provide a blanket .utility. easement for the entire 16.43 acres to allow for the
relocation of the existing utility lines. Coordinate the timing of the temporary
easement and the filing of the final plat with staff.
COMMENTS/CONCERNS:
_ The "30' electrical power transmission line easement" is not required as long as it
is included with the blanket utility easement through the relocation of that
existing line.
G.T.E. has existing facilities. to serve the Eastmark Subdivision. If the facilities
are on lot 1, block 1, easements need to be dedicated to cover the existing
facilities.. Make sure the temporary blanket easement covers G.T.E. lines. When
the lines are placed, the permanent easements need to be shown on the plat.
Show off site easements on lots 1 and 2. Coordinate details with G.T.E.
Representative Laverne Akin at (409) 821-4723.
SUBMIT 1 ORIGINAL AND 13 COPIES OF THE REVISED FINAL PLAT BY
THURSDAY, JUNE 30, 1994 TO BE INCLUDED IN THE PLANNING AND
ZONING COMMISSION .PACKETS FOR THE MEETING OF THURSDAY, JULY
7, 1994. THE CITY COUNCIL WILL CONSIDER THE PRELIMINARY PLAT ON
WEDNESDAY, JULY 20, 1994. BOTH MEETINGS WILL BE HELD IN THE CITY
HALL COUNCIL ROOM, 1101 TEXAS AVENUE AT 7:00 P.M.
AGENDA ITEM COVER SHEET
REGULAR AGENDA
STATUTORY AGENDA
CONSENT AGENDA
ITEM SUBMITTED BY: Brett McCully, Engineering
FOR COUNCIL MEETING OFt July 20, 1994
DIRECTOR APPROVAL:
EXECUTIVE TEAM MEMB R APPRO VAL:
ITEM: Consideration of a Final Plat (Resubdivison) of Southcreek :Phase I located at the
intersection of Colgate Drive and Eastmark Drive within the' Wolfpen Creek Corridor. (94-222)
ITEM SUMMARY: This plat is .located in the Wolfpen Creek. Corridor, as such it contains a
land dedication to the. City of College Station in compliance with the Wolfpen Creek zoning
district. The: plat contains 4 lots and the 6.8 acre Wolfpen Creek `dedication area for a total area
of 26.98'. acres:. The applicant intends to develop apartments on.Lot 1, Block 1 and:Lot 1; Block
2. Lot 3, Block 2 on the plat does not have access to public utilities and access is not currently
available although, public right-of-way does extend from Holleman to the lot: As noted on the
plat, Lot 3 is not a buildable lot until utilities and access is constructed to the lot. at the. developers
expense, Sidewalks are existing on the north side of Colgate. and are required along the south
side of Colgate. A Presubmission conference was held on June 22, 19.94. All 'concerns made at
that time have been addressed. The Planning and Zoning Commission heard this item at their July
7, 1994 meeting: and recommended approval.
STAFF'RECOMMENDATIONS: Staff recommends approval.
FINANCIAL SUMMARY.: N/A
CITY ATTORNEY RECOMMENDATIONS: N/A
COUNCIL ACTION DESIRED: Approve or deny plat.
SUPPORTING .MATERIALS:
1. Surrounding. Area Map (SAM)
2. Presubmission Conference Report
3. Staff Report
4. Application
5. Planning,and Zoning Commission minutes
6. Copy of Final Plat
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`•j CITY OF COLLEGE STATIQI`I
`~ LEGAL DEPARTMENT
POST OFFICE BOX 9980 1101 TEXAS AVENUE
COLLEGE STATION, TEXAS 77842-9960
(409) 7643507
TO:
FROM:
RE:
DATE:
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MEMORANDUM
Jane Kee, City ,Planner
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Roxanne Nemcik, Senior Assistant City Attorney
Dedication of Land by Plat
June 24, 1994
.QUESTION -PRESENTED:
Mary Margaret Sexton attended a meeting on June 21; 1994, concerning an issue on
PRC for June 22, .1994.. Your question was:
Whether a .property owner may dedicate land to the. City by plat?"
DISCUSSION:
As we discussed in my office; an owner of property may dedicate it to the City: by plat.
See TEx. Loc. Gov'r. CocE, § 21:2.004, 22.011. A dedication is a gift of land to the
...public.. Mitchell v. Rancho Viejo, Inc., 736 .W.2d 757, 761. (Tex. App. -Corpus Christi
1987, writ denied);< Fazzino v. Guido; 836 S.W.2d 271, .274. {Tex. App. -Houston [1st.
Dist.] 1992, writ denied),' To effect a valid dedication by plat, the owner must evidence
his clear intent to dedicate the designated property for public use. Greer v. Robertson,
297 S. W.2d 279, 281 (Tex. Civ. App.-.Fort .Worth 1957, writ ref d n. r. e); City of Dallas v.
Leake, 300 S: W.2d 135, 142 (Tex. Civ. App. -Dallas .1:957, writ ref d n. r. e. ). -The
owner's clear intent is' evidenced by a certificate of dedication. Adams v. Rowles, 228
S.W.2d 849, 851-52 (Tex 1950). The certificate must specifically reference all. the
areas'on the plat that are dedicated for public use. /d. Further, the property dedicated
must be identified and labeled on the plat as such, e.g. as streets, easements, alleys,
parks or other public uses. Mitchell a Rancho Viejo, Inc., 36 S.W.2d at 761.. A dedica-
tion is not effective until the City. accepts the land dedicated. TEx. Loc. Gov'T. CODE,
§ 212.011; State v. Clark, 336 S. W.2d 612, 614 (Tex. 1960); Adams v. Rowles, 228
S.W.2d at 851.
City of College. Station ORDINANCE No. 1638, SECTION 7.21-D, specifies the require-
merits for dedication in the Wolf Pen.Creek Zoning District. In this. District, a property
owner-must dedicate/develop. land for "Drainage...and Pedestrian Access. Ways". City
Council acting in its legislative capacity has determined that these are legitimate public
purposes in this district. Hence, staff has been authorized to require owner dedication
and/or development of property in his`districtfor he aforementioned designated uses.
Land`dedcated should be labeled on the plat. in .conformity with the ordinance.
js/c/june94/prc
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Jane Kee
I June 24, 1994
Page 2
You have. advised me that staff wishes to ensure that a "fee simple" interest in this
property is donated rather than .merely an "easement" interest. Unless the dedication
states otherwise, dedication ofi land .does not pass the underlying fee simple interest
~ but only an easement therein to the public, county or municipality.. Watts v. City of
;~ Houston, 196 S.W.2d 553, 555 (Tex. "Civ. App. -Galveston 1946,. writ-refd); City of
Richland Hills v. Bertelsen, 724 S.W.2d 428, 431 (Tex. App. -Fort Worth 1987).
Therefore, to :ensure that a fee simple interest is dedicated, you. must specifically articu-
late in the certificate of dedication that "the property is dedicated in fee simple".
If you have any further questions concerning this issue, please let me know.
RN:jls
cc: Tom Brymer
js/c/june94/prc
PRE-PRC REPORT
6-10-94
South Creek I -Final Plat
DISCRETIONARY ITEMS
- None.
ORDINANCE REQUIREMENTS
-Add private easement holder information to lat
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', OTHER COMIVIENTS
- Provide parkland dedication information
It was determined. by the PRC that this item was not ready for review due to the following missing
', items:
- The entire original tract known as Lot 1 Block C Eastmark Subdivision must be included in this
replat.
-The Drainage Report for Block C has not been submitted.
- The water line layout has not been submitted.
-The rerouting plan for the electrical line must be submitted. (The relocation fees must be paid
prior to the plat being filed for record.)
Post- tTM brand fax#ransmittai memo 7671 # of pages -
T ~O
Dept. Phone # ~~
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STAFF PRC REPORT
Southcreek Phase One
Case #94-222
Discretionary Items:
None.
Ordinance Requirements:
_ The proposed lot. line and edge of the WPC dedications needs to continue across
to the WPC Amphitheater. and needs to be an actual lot line and not a
"proposed" lot line. Clarify theoverall dedication for the adjacent tract to the
west and~desi~nate as a lot.
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_ Show thfloodway per the Nathan D. 1Vleier study of "revised existing" conditions
on both sides of the creek.
_ What is meant by the note on the electrical easement noted as "easement is no~V~
30' wide"?
Is the 55' .private access easement on lot 1, block 1 near lot 2, block 1 an existing
easement or are you dedicating off your property for the 20' utility easement that
stratles the lot line?
Is the easement line near Sutton Place the 20' sanitary sewer easement?
Fi ure out how we legally get the dedication on this plat of lot 1R, block C. OJ~h~ ~woW 1~5
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Provide a blanket utility easement on both tracts including lot 1, block 2 and lot
1, block 1. (Not sure if the adjacent tract to the west is needed. to be covered
under this blanket.). Question concerning the timing of the filing of the blanket
utility easement and the final plat so that the final plat does not supersede the
blanket utility :easement needed for construction.
Comments/Concerns:
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The 30 electrical power transmission line easement" is not required as long as it
is included with the blanket utility easement through the relocation of that
existing line.
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