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HomeMy WebLinkAboutMiscellaneous~. 'CEY~D ._....._ ~ .__ /~~g-gg WEST,: WEBB, ALLBRITTON & GENTRY A PROFESSIONAL CORPORA-['[ON ATTORNEYS: STEVEN ALLBRITTON J. HANS BARCUS WALTER S. CAMPBELL CARLTON BRYAN CANTRELL GARY I. CURRIER* REBECCA D. EPLEN MICHAEL H. GENTRY LANCET. LACKEY CHRISTOPHER W. PETERSON WAYNE L. RIFE CHRISTOPHER M. SEGREST MARK W.SHOMAKER JOHN C. WEBB, JR. GAINES WEST JULIE MAY YOUNG Certified Maii No. Z 269442 85 Ms. Lori T. Williams. Williams Lube King 111 E. Southwest Parkway College Station, Texas 77840 December 7, .1998 1515 EMERALD PLAZA COLLEGE STATION, TEXAS 77845-1515 TELEPHONE (409) 694-7000 TELECOPIER (409) 694-6000 EMAIL: wwag~YCa.neY WEB SITE: http://www.wwagiaw.com *BOARD CERTIFIED ESTATE PLANNING AND PROBATE LAW TEXAS BOARD OF LEGAL SPECIALIZATION IZe: Easement issue between Care Plus Properties and Williams Lube King at Southwest Parkway location Dear Ms: Williams: I have been retained to represent Care Plus Properties in regard to the above-referenced matter and am writing in that capacity. I am writing to clear up any possible misunderstanding concerning any potential easement for public access-on my client's property. t ®n June 20, 1997, you wrote a letter outlining why you were;of the opinion that a public access easement existed on our property, and as a result, you did not desire to pursue negotiating a private easement. My client chose to not respond at that time to your letter as they wanted to be accommodating to their new neighbor and did not have a problem with your intended use of our property for access by your customers. My client. still does not object to your current use of our property as it does not interfere with our current use and they want to continue to be accommodating to their neighbor. However, to protect the value of our property and to keep the title unencumbered from any claimed easement we feel it is necessary to write this letter. - There is no public access easement on our property. The information furnished to you by the City of College Station was incorrect.. Apparently, they were relying on a 1976 plat which did indicate such an easement. However, this easement was abandoned .and a revised 1980 plat, a copy of which I have .enclosed, shows that no such easement exists. Additionally, there is no written agreement existing between any owners of our two properties which would create a right to utilize our property as an access easement. a Ms. Lori T. Williams December 7, 1998 Page 2 In summary, I am writing to place you on notice that no easement exists. As I referenced this is necessary to protect the value and title to my client's property. We do not, however, have any problem .currently with your use of the property, but this could change at any time in the future. if our intended use of the property were to change. As a result, we feel it necessary to give you this notice. As long as you understand this issue it continues to be our desire to accommodate you and allow your current use until this use is inconsistent with the use of our property. Please feel free to contact me if there are any questions. Thank you for your attention to this matter. Sincer , ~-. J h .Webb, Jr. (JCW69) 11309~L,01/1 ~nclOSllre k ~' C/ ~~ ~` A; -~-~-~= ~~~~~~° -~ i a. '= -~~ ~r ;~ ~- ® /~ ~. / __:- ~~~ C~'~~-~~ ,:,`~~ _~ ~ ~. ~. .~ y ,. ~~ .;~- ~ ~~ ®•• CITY OF COLLEGE STATIOI`I ® Post Offfice Box 9960. 1101 Texas Avenue College Station, Texas 77842-9960.. (409) 764-3500 May 9, :1996 Mr. Douglas J. Williams Mrs. Diane M. Williams 1802 Southwood Drive College.Station, TX 77840. RE Site plans: submitted for Lot 3R-1 Blk 2 Brentwood :Phase 4 s Dear Mr. & Mrs. Williams: .The City of College Station has completed the review of the site plans submitted by your engineer, M. L. Hammons, for your project on Southwest Parkway, We have left word today for Mi-. Hammons to pick up the redlinedplans.' We wanted to point out that we are unable to approve these plans at this time for several reasons. Ivir. Hanlmons will have to make some changes to the plans in order for them to meet our codes and ordinances, but the most outstanding reason for not being. able to reconsider them for approval lies with the fact that if the access driveway is changed as shown on the plans, it will "dead end" into parking spaces on the adjacent property to the north. It will be necessary for you to coordinate with that owner to work out a plan which is acceptable to all parties involved, including the City. That access drive mustbe extended into `that property in a way that provides access to emergency vehicles since it is a fire lane. We will also need for you to submit several forms to the City for easements and electric service, I have attached those forms'to he plans being returned to Mr. Hammons. If you have any questions regarding. this letter, please do not hesitate to contact me at (409)764 3570. If you have any problems working out an agreement with the property owner to the north regarding the location and-configuration of the access drive,. you may also contact me and I will see if the :City can be of any help. We would urge you to try to work out those problems before involving the Citiy, because your project will be a neighbor with the bank, and it: would be to your benefit if you can reach agrcement without the City's intervention. Yours cry truly, Shirley J. Volk Development Coordinator ce: Files Mr. M. L. Hammons Mr. Steve Hansen EIame of Texas A&M University II Staff Project Review Committee Meeting I~ Jan. 24, 1996 ,; PARKING LOT PLAN William's Lube King. {96-400) Reauirements Underground service required... ,', Electric Service Request Form (see attached) fill out and return.. Developer is responsible for 20% of the cost of electrical service. Developer installs all conduit per city design and requirements on property. Developer installs.transformers pad and junction box pads per city spec. Temporary Blanket Easement needed.. (see attached) fill out and return with property description, 1 Information Needed Service Voltage Electric Load Data (total KW) Outside disconnecf required. From: Samantha Smith To: SVOLK Date: 9/12/96 11 t45am Subject: Everything's fine... Everything's fine with Williams Lube King. Someone can feel confident in issuing a DP. Pd be glad to do it for you, but this day has gone more hectic thanl had anticipated. PROJECT REVIEW COMMITTEE REPORT January 24, 1996 TO: M.L. Hammons 1700 Kyle South, College Station, Texas 77840 FROM: Project Review Committee .Sabine Kuenzel, Staff Planner ~° Kent Laza, City Engineer Mike Lane, P&Z Representative Others Attending Shirley Volk, Development: Coordinator Debra Charanza, Sr. Secretary Tony Michalsky, Electrical Operations Coordinator 1 ~..°~- SUBJECT:. Parking Lot Plan -William's Lube King; proposed facility to be located at 111 Southwest Parkway, lot 3R-l, block 2 of Brentwood Section Four near Commerce .National Bank and Care' Plus (96-400). A Project Review Committee meeting was_held Wednesday, January 24, 1996 to discuss the above mentioned parking lot plan. City Engineer Laza moved to approve the proposed site plan with the following ordinance requirements and comments:. CONDITIONS OF APPROVAL: Discretionary Items: _ If the plan changes, additional review will be required, and possible additional PRC review if discretionary items are involved. _ Staff will allow the building with the sidewalk to serve as an island by the lube building with. the stipulation that the end island to the west is redesigned to become larger to better protect the car parked there. _ The concrete wall in the detention area is only several inches. above ground. It is acceptable .and additional screening will not be required. PRC Report Wzlliam's Lube King Case #96-400 Page 2 of 3 The following is a list of ordinance requirements identified by the Project Review Committee.. This list does not relieve the applicant of total compliance with all current ordinance requirements. Ordinance Requirements: _ Radii: need. to be smoothed out at drive location. which .:goes into bank property to accommodate fire emergency vehicles.. _ Calculate the square footage of pavement in the 24' setback reserve along Southwest Parkway. _ Clarify that 1536 square feet is for retail, 900 square feet is for service bay and 738 square feet is for car wash. Show size and material .for existing water and sewer lines. _ Staff suggested moving the manhole proposed in the detention area to the east end of detention. area. Only 6 street trees are required. Staff suggested a more even: dispersal of trees along Southwest Parkway to help. avoid crowding in the detention .area. Staff .also suggested using bald cypress.. trees in the detention area. _ Show .the location of all. fire hydrants. All .parts of the .buildings must be within 300' of a hydrant as the hose lays from he truck. Mark all fire lanes as determined by the Fire. Marshal. Include. details of radii, curbs, etc. with: the construction documents. Include sidewalk on site plan. Show phase -line if project to be phased and include temporary curbing at edge of phased .area. Landscaping for the area not built with the first phase can be delayed until the second phase is constructed. Dumpster enclosures are 12' x 12' Comments/Concerns: _ Transformer location along. west side.. of lube building will be deleted. Transformer will be set along northern the northern phase line and serve both buildings.. Coordinate. future electrical requirements with Electrical Operations Coordinator Tony Michalsky at (409) 764-3660. _ Coordinate telephone service details with G.T.E. Representative Laverne .Akin at (409) 821-4723. P&Z Representative. Lane seconded the motion to approve the proposed site plan with the. above conditions of approval which passed unopposed (3 - 0). A PRC Report William's Lube King Case #96-400 Page 3 of 3 SUBMIT 4 COMPLETE SETS OF CONSTRUCTION DOCUMENTS WITH THE REVISED SITE PLAN ATTACHED TO CONTINUE WITH PHASE II OF THE. BUILDING PERMIT PROCESS.. COORDINATE FUTURE SUBMITTALS WITH DEVELOPMENT COORDINATOR SHIRLEY VOLK AT (409) 764-3570. APPEAL .PROCESS; An applicant may appeal the decision of the Project Review Committee to the Planning and Zoning Commission within five days after the PRC Committee meeting.. Failure to appeal the PRC action .shall constitute a contractual acceptance of all conditions imposed, and a waiver .and surrender of all complaints, defects, or potential invalidity, whether under state or federal .law.. An applicant appealing the decision of the PRC shall file ten copies of the final .site plan as approved by the PRC, showing.. all changes and requirements imposed by the PRC, and accompanied by a written. explanation of those items being appealed. Until said copies are on file, no further development approval shall occur, and no further action by the Commission shall: take place.. An applicant may appeal only certain aspects of site plan review, _ and in the absence. of discretionary review by the Commission,. or review pursuant to a petition, all other aspects of the site plan shall be final. Any notice of appeal shall state with particularity the .aspects which are to be appealed. Coordinate appeal process through Development Coordinator Shirley Volk at'(409)'764-3741.