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From: Mark Smith
To: City Ha11.KLAZA, City Ha11.SHOMEYER, KANTHONY, Cit...
Date: 2/11/97 8:57am
Subject: Questions regarding subdivision of property -Reply
The City has been using Nimitz street since I have been at the City. So, we
could say that .the roadway has been in public use for at least 17 years. I'm
sure that it's been in use longer than that. Check out the Final Plat of part
of Zots 7,8,9&1O D.A. Smith filed in 1982 (vol 516: page 717). It shows a "20
R.O.W. Easement" along Nimitz Street.
»> Shirley Volk 02/11/97 08:42am Tue »>
Many years ago (Brad Kerr will furnish exact information) Lot 6 of the
D.A.Smth subdivision apparently was subdivided, and we (the City) do not have
a copy of anything official which shows how or when it was done. However, our
street maps and the Appraisal District Maps show how the land was subdivided..
During that subdivision of property, Nimitz Street was created with some lots
along the west side of the street. .According ,to Brad, Nimitz street was
platted as an easement which is only 10 feet wide. Of course, we know that
much more than 1D feet has been paved..- probably 20 feet!
The potential developer. of part of the property (Shabeer Jaffar) i s having
Brad prepare an amending plat of part of the subdivision to combine several
lots to make fewer lots. His question is when he goes to the Zoning Board of
Adjustment for a request for variance to the setback requirements, where
should he measure from? The edge of pavement appears to be 10 feet into his
property. Jim Callaway suggested that I contact both Engineering and Public
Works to try to establish some point where City maintenance has .taken place
over the years, i.e., the street pavement or perhaps some type of drainage
maintenance. After that information is gathered, Planning will be better able
to establish how much of a setback variance will be required!
I give you this puzzle, and then I leave! I will be on vacation from 2/12
thru 3/4, so Natalie Thomas Ruiz will be your contact on this. Please give
her some help. asap because Brad is planning to bring in this amending plat for
tomorrow's deadline,
Kathryn, I will FAX you copies of what I have gathered in the way of platting
background. Please share it with Mark. Thanks.
CC: City Ha11.JKEE, City Ha11.LBATTLE, City Hall.NTHOM...
From: Roxanne Nemcik
To: POLICE DEPARTMENT(MSMITH), nthomas, svolk
Date r 2/11/97 9:02am
Subject: Questions regarding subdivision of property -Reply -Reply
If the amending plat the mark has pointed you to does have a 20' row easement
on it then there is no legal. interpretation necessary because the plat shows a
20' easement. therefore, this is the point from which you measure.
If you need more help or info. let me know
»> Mark Smith 02/11/97 08:57am »>
The City has been using Nimitz street since I have been at the City. 50, we
could say that the roadway .has been in public use for at least 17 years. I'm
sure that it's been in use longer than that. Check out the Final Plat of part
of Zots 7,8,9&10 D.A. Smith filed in 1982 (vol 516 page 717). It shows a "20
R.O.W. Easement" along Nimitz Street.
»> Shirley Volk 02/11/97 08:42am Tue »>
Many years ago (Brad Kerr wll'furnish exact information) Lot 6 of the
D.A.Smith subdivision apparently was subdivided, and we (the City) do not have
a copy of anything official which shows how or when it was done. However, our
street maps and the Appraisal District Maps show how. the land was subdivided.
During that subdivision of .property, Nimitz Street was created with some lots
along the west side of the street, According to Brad, Nimitz street was
platted as an easement. which is only 10 feet wide. Of course, we know that
much more than 10 feet has been paved - probably 20 feet!
The potential developer of part of the property (Shabeer Jaffar) i s having
Brad prepare an amending plat of ,part of the subdivision to combine several
lots to make Fewer lots. His question is when he goes to the Zoning Board of
Adjustment for a request for variance to the setback requirements, where
should he measure from? The edge of pavement appears to be 10 feet into his
property. .Jim Callaway suggested that I contact both Engineering and Public
Works to try to establish some point where City. maintenance has taken place
over the years, i.e., the street pavement or perhaps some type of drainage
maintenance. After that information is gathered, 'Planning will be better able
to establish how much of a setback variance will'be required!
I give you this puzzle, and ,then I leave! I will be on vacation from 2/12
thru 3/4, so Natalie Thomas Ruiz `will be your contact on this. Please give
her some help asap because Brad is'-planning to bring in this amending plat for
tomorrow's deadline.
Kathryn, I will FAX you copies of what I have gathered in the way of platting
background. Please share it with'Mark. Thanks...
From: Mark Smith
To: City of College Station.Police Department(KAnthony...
Date: 3/10/97 5:16pm
Subject: Nimitz Street -Reply
As far as I know we just maintain. the pavement, no drainage. All the other
questions are better handled by Jim, Jane, Kent and the attorneys.
»> Shirley Volk 03/10/97 05:07pm Mon »>
We have received a plat to review from some lots which face Nimitz Street. We
have found from the surveyor that Nimitz is built. outside the platted r.o.w.,
so we are having him move the property line to leave out where the pavement
is. The question now is does 'the City do any maintenance of anything more
than the street pavement in this. area; like mowing or drainage. If we do, he
will need to pull off even further than the pavement, but as it is, his lots
are getting pretty small, so as little as possible would be greatly
appreciated. Also, is there a .chance that the street will ever move to the
east to be in the dedicated R.O.W.? This applicant will also be asking for a
variance to lot depth and setback requirements in order to build anything at
all on his property! These substandard areas really cause a problem, don't
they.
r
K
N/F O
v ~ FORMERLY \
\ DOUGLAS M. CARTER JAMES BYRD &
DELIAH BYRD Sp
\ \ \ (PREY 3453/533) 150/6 ,~ pO
\ .~, `SO TRACT 2 6~~
\ ~ 5/8 INCH IRON ~` ~ FORMERLY
ROD FOUND
~~`~ 546/45 WATSON ~
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\ E M ROBINSON
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\ /
\ /
\ /
SANITARY SEWER \ /
NORTH CORNER OF LOT 6 MANHOLE \ \ /
D. A SMITH SUBDIVISION \ /
< \ /
CONCRETE NAIL \ / TRACT 1
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CONCRETE NAIL - \ \ /
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\ \ ! `Sp~ WATE.
CITY OF COLLEGE .STATION ~ VALv
10' STRIP OF LOT 7, b. A. SMITH\~ !
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MID-STATE HOMES // S
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STAFF PRC REPORT
Portion of lot 6, D.A. Smith Subdivision
Case. #97-209
Ordinance Requirements:
The certificate of mortgage signature block is not a requirement.
_ The. final plat cannot be filed for record untilthe Zoning Board of Adjustment has ruled on
the setbacks and lot sizes variances for all lots.
_ Show that the lots/properties existed in their present configuration prior to 1970.
Depending on .this information, the plat may .need to go to the Plamung and Zoning
Commission.
Darken: the boundary lines of thesubject property so that they are more distinguishable.
Note lot 6-1 on the amending plat.
Correct,the calls on lots 6-1 and 6-10 as shown on the attached drawing.
Comments/Concerns:
_ Submit. one copy of the. finale. plat to be used. as an attachment to the Nimitz right-of--way
agreement.
_ Provide a 10' public .utility easement along the .rear of all lots to cover the existing
electrical service. Coordinate se ' e details with Electrical Operations. Coordinator Tony ~ .,/
Michals at 409 764-3660. / ~ ~ =- ~ ~ a ~~(~rf
_ Coordinate telephone service details and necessary easements. with G.T.E. Representative ~~
Laverne Akin at (409) 821-4723. 1~
SUBMIT 1 MYLAR ORIGINAL .AND 2 COPIES OF THE REVISED FINAL PLAT TO BE
FILED AT THE BRAZOS COUNTY CLERK'S OFFICE. o