HomeMy WebLinkAboutMiscellaneousHEYNE CO. TEL~~13-850-0545
December 9, 1995
Memo
Fax to 4D9I754349C
Dec 09 98 1555 No .003 P.O1
i
~~~~~~
Ms. Shirley Volk "~
City of College Station
Dear Shirley,..
We will submit the as-built plans and thebalttnce of the fee owed within the week. .Any
assistance that you caii give us in sending the ticccssary inforn~ation will be appreciated.
Yo~~r assistance in this matter is very much appreciated.
Very. truly yours,
..._.. ~
~~-
~~
Fred eyne, III F ,~
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HEYNE CO. TEL~713-X50-055 Dec 09 98 15 55 No .003 P.02
NATi-IAN f). MAiLi
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5t_C I)e.~~~to~ment hE1X: (713)550-0545
w`• ~,`•~' ~FROl~'1: M1ek1'J.IZ~Tbe~ls,t'.t:. 1'~iONl:; t2t4)73~1-~t~at
NA'rf1AN!'~ A!A!I'R,C'~:~N$UI:I'INCi F:1~UIIJIi14fiS, ItJf' lff~x• (214) 739-59GI
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N(IMt31?K Ul~ f'~ICiFS, fNGE,tJI')1Nti'I'ftlS t;('lVfaf SIiE.i;'1'; ~
IF THIS'tRANS>t~11«;ION tS INCt?Ttiif'LI'{'li (')tt iN'{'F:ItRt.tP'!'t?L?; f~I,ts~Sl.; CUN'i'AC'[' US h'I' (2l4) 7351.4741
OI~fC3fNAf_ d'f)['1' ^ tiVlf,.{, ~x~ w1LJ_. NC)T 131; Mnf1.,1.iI)
i-lere i€ U copy rtt~ihc letter brrck !i'oltt } k~Mn ~Veltrictl firr tllc lt>wcr fee lyt.rt Sitlce lliis orue clots
111YOlwC fl f 1(-(?C11~'Fi}' 111Qd'l'~lcatlCtn, tllcv ire trcriuirin~ tJrc tlclditinltttl $1,40t?. ~'c~tt ctrl Subt??it this
(iirectly per Ilse in4tnrctit~ns its t4ie letter. C)f tf,r. re~i~restcd additi~tlal itet»s ~f information listed
in the letter, 1 bcliet•e all •~•ill need to carte frnm tllr C'it~~. Yc~tr t~vill pr~bf~lvly h:jvc t~ keep on
Vcro~tiea in ~~rder lcf het this dune in the ~10_ti~y winclc~ti~, llcit~ ~f5 "As-built plans" oeriifi~;d by a
I'l? mau need tci c~an~c frc~~n y'c~tn' (~ri~;in~il c;r,~irmc.r, unless tltc C`.ity kechs ti~csc nn file. Calf if y~~u
ftwc ~+ny quccti~~nc,
HEYPJE CO. TEL~713-850-0545
Dec-07-98 O9z58l1
Dec 09.98 15 56 No .003 P.03
t= . 02
~' ederal ~m~r~ency Mana~em~;x~t ,A-gc~ncy
Washin~t(~tt, U.C. 204'2 ~~~ \,!~ ~ ~ ~',~,-
otc o ~ ~sss
,~re~ ~r~T 4~Nr D ~MAI~R
ncccn}rcr ~. Is9x
• 'r1• .l'
~+. • . .. Ms. Veronica !. R. Mnrgatt, 1'.1?. iN Ftl?F=LY ItE?l~E.R '1'U:
Acslctaet t.:.iry fnglne.~r C'asc Nn.c t1V-Utr3321'
City of C'ollegc Stati(}n Community: City of College Station, Tr~xa,~
llfll 'i'exas /lvemte C(}mtnurtity No.: d8!!OR3
f,;ollegc Statinn, 'Texas '77Fi4"l
' 3l6-ACK. FRQ
Dear Ms. Morgatt:
' ~'"' ~ •~ ~• •tl+is recl}ond~ co y(+tlr reque::t da(ecl November t(3, 199R, tl+at the Fcctcral 1'smcrgciiey Manttgemetri Agency
. •~•, ~ (1~EMA) icsve a revision to the. Flood lttcurancc Rate Malt {FIRM} for I3razoS County, Texaa and
•:• lncc-rporated Areas. 1=crtinctit information about the rc(lueFt ix fisted bolow.
ldetitifiet: ~ Lacc}ttr Subdivision Woif 1=en Creek
Pla(xling Sc}urt:e: Wn1f Pen Creek
lrli2M PanHl(~) /lffecterl: d8441G01rIG C
F,ffectivc nctober 1, 199f-, FFMA rcvinc(l the fee scheclule f(+r reviewing anti proccaSitig rcques[s for
' COii(~it101}AI And finitl ti1MllrlcAliOnR to p1+hllFhe(I fl0c)d infclnnnllt'+n Ilntl inAl+s, 1=liMA cstal>lisht;rl lia1: review
aitd processing fce5 for tn(}st types of reriue~tR, F,ffectivc Marcit !0, 1997, FFMA modified tiic fee
sChedtlle ilia! became effective t-tt' pcbher 1. A cr+hy (+f the entice l+ublislicd in rite I•'ederQl Re~Qialer is
encl(}eed fvr yrntr infiirmntion. The tee for your rcgacst io S3,7ik). i'he arnaunt you subtnittcd, 52,3(H.),
is not Ftifficient. Ti}e bttlartcc, $1,dt10, n}uct he s++hlnittt:J before we can c.~ntirnie hroccscing yoar request.
Paymeirt of this fee must E+e ntAde in fire fonii of a cl}ec:k ter money order, payable in t1.S. fords to Ibe
• ~ Nati0nal..FloadJtlSUianC.t<.Crt9rt'atil (NFiI'), nr A crcciit caul },nylr~ent. F(tr identification purposes, llhe case
rntmFscr rt:fcrenccd nhove tt}oat he imt:haded on Uic rhrek or money order, We will not perform a tletailcd
' teelmict;l review of yrn+r rcyucst u~ifii we receive tl+i~ pRyttlenl.
Payinctn [Host be f(,rwardcd to (+ltc of tht- addre~sta lisuxt helr~w.
Efsinq U.S. Postal Service; tl~inp ovcr(iiglrt Rervice:
•y,~ F~ecieral Emergency Manal;eina}t Agency Fee-Collection Systeiii A-dn}inisuator
Pee-Collection System Administrator cfo Uewl.+erry &. Davie, M.l'1'S l~)lvlsfon
1=.U. Aox 3173 841 Arlington I3oult;vard
Merrifield, VA 2211f-3173 Fairfax, VA 22431
HEYNE CO.
Dec-U7-98 O9:59A
TEL~713-X50-055
Dec 09 98 15 ~ 56 t~lo .003 P . 04
P.O3
• 2
We have cotnplctcd sn invenrczry c+f the iteuts that you strbtnitted. The itcnts identified below are requirccl
before we cAn hcRin a detailed review of ye~ur retiuest.
t. Itt a IetlcrdAted NwernUe:r l9, IyyR, you stated that the City of Cc,llct;r. Station is c.urretttly
rcviswin~ chic rcvisic-tt request, ):'lease he Advisee! that we cannrn #csrie s L.euer of Map Revision
(1_OMR) until we rcc:cive contmuttity acknc-wlccigment in t1~e fi~rnt of a lettet• stating that t1-e City
atCullege Suction has reviewtd`ttte revision regttect and ttnclerstat-ck the effects of the revision orr
ilucxlin~[ ct,nditiont. in the ec~rnrnuttiry, ctt Ahplicatinn/t'ertification 1'Orlll fig entitled "Revision
Reyutstcr and Crntmtuttity Official i'ctrtn," clgtterl by R COInn,Unlty OifiClal fron- ihC City.
2. Fleacc sul+tttit a cgpy t)f the public rtc,t#t:~ clictrilwtcct ,y tltie connttunity stating its intent to revise
the flvcrdway, or a stAtetttertt l-y the cctmrnu}city that it has_ncrtitir..d ail affcctet! proptstty owners.
3. Please submit a letter ctAting that tlk~ cotr-rrinttity will adopt attd enforce (.he modified floodway.
4. Ont' prtaiminary review indicates that the r..lcvationc of the flood itavin~ a t-~CfCe11t ChEillCe of
being Equalyd or e=c:eaAed in any given year (hose ilocxl) will increase as a result of placement eaf
fill 3n the rffcctive ilrtc-rlway at t"rose Scctiorr 1611.7.., I'Ie~rte provide evidence chef the cotttrrwnity
hoc ttdct~,trd fic-rxlplain management nrciinanr.•ec that ittcot[+orate cite iorreased base flood eievntior>`s
at Cross SPCainn t~-tt."L and f'be revised 1lr+nclway hntmdary delineation to reflect post:-ttrajeet
conditinna, ac stated in Parat;raplt C+~. 12(1,) Ot' the NI~IP regtrlalicros.
5_ Pleaac I+mvicle gs.huilt ~+lane, certitiecl by a registered professional engineer, of all project
elcmenle.
If all red~irext itCrnc ate ttnt suhrnitted wit}rin 94 days of the date of this letter, we wil[ heat tiny subaectucn[
rt;!tllreRt AA An 4rigit-al ~trbnlitlAl, Arid It Will he stlbject ltl ail subnti[tallpayn-et-t pCOCedU[CS.
If you Arr. unable tc, rncet ilre,yU-day cleadiinc for strbmigAl 4f required items, ttnd would Tike F1EMA to
eontittue pre-cessing yrnjr request, y~,t~ musl request an oxtensicm of the deadline. Tlris request roust be
subaiitied to our'I'echntctcl F.valut+tion Contractor in writing Anci mist prcrvidc (1) the reason wiry the data
cannot I}e t;uhn-ittecl within the requested tintcfranae, and (2) n new date fbr d,e submittal of the data. W~
receive A ver}~ I»rgr. volume of reyucsts Al-<I caruinr maintain inxctivo requests for an indefinite p~criod of
time.. Therefore. the feet will he forfeited fc+r any request far which neither ttte requested data nor a
written extension request i~ received witlrirt 9(}days,
Please clirect All .required items (except the requircrl fee) acts! questions cont:ertting your request to our
Technical EvRitratitnt Cc-t-tractc-rat cite following address:
M#chnel 13r.-Icer Jr., Inc.
3bf11 F..isenltou•cr Avcnuc, Sltite (t)U
Alexttndritt, Virginia 223(}4
Attention; Ms. t.~,uttc i). E3iuner
(7Q3}317-6292
When ys,u write trs athout your roc{nest, you mutt #nc;iticic the cA4c: narnber referrrtced above in your Letter.
HEYNE CO. TEL~713-85.0=0545
.~ Dec-07-9f3 09:59A
Dec 09 98 15 ~ 57 I~lo .003 P . 05
P.O~
3
1if you h~rvc xny yucsiions cetrrceruhr~ PFMA pnlicy, trr the NPIP in general, please contact Mfr. Alan
]chnson of crur staff in Washington. DC. citirct by telel}htmc ~t (2{)Z} G4fi-34(}3 or by facclmile at
(202) .646-4596.
5incert;iy.
Matthew h3. Miller, P.F.. (.a~icf
Hazards ,Study 11rAnc}r
Mitigsui~m L)isectorate
Ettclnsttres
cc: Mr. Mark itol+eris. P.E. u
Nathan L~, M>lier Consulting Ertgincr~rs, h-c.
...:..,
Shirley. Volk - Re Fred Heyne .,_ .:..... . ....... _ , _.. .... age 1
From: Veronica Morgan
To: SVOLK~City of College Statiorr.City Hall
Date.: 12/2/98 8:19AM
Subject: Re Fred Heyne
yes, the community acceptance letter went out already.
»> Shirley Volk 12/01/98 02:39PM »>
Just talked to Fred and his understanding is that FEMA is waiting fora "community acceptance letter",
and if that hasn't gone out, he asks that someone here call .him back so everybody has the same
understanding of what's supposed to be happening.
If that's what we sent out, then no one needs to call him.
His number is (713)850-A540 and he answered the phone himself -his secretary was out! Last time I
talked to him he was in .Mexico where he has 2 subdivisions under construction.
Anyway, V, either please call him or tell me what to say to him if you want me to make the call. Thanks.
CC: Jeff Tondre, Jim Callaway, Natalie Ruiz
:. .
Shirley Volk Re: Fred Meyne Page 1
......... .::....:., .:::::.:....::::...N,: ...::..........,,...----................
From: Veronica Morgan
To: SVOLK~City of College Station.City Hall
Date: 12/10/98 12:38PM
Subject: Re: Fred Meyne
~', i just got off the phone with. mark roberts (ndm) and told mark that of the six items (2 which fred will be
j sending) that f have already done 1 and mark is responsible for another one .(which puts us at 4) and the
other 2 i cannon answer until i have the additional data re: the floodway which mark submitted directly to
fema and i dont have: a copy of. mark said. he will #ed ex me the floodway. data so i can answer the
remaining 2 questions. mark sent it directly to fema as a response to femas earlier request...i was ok with
this and he was going to get :into me once he was sure that was the final change but i cant answer two of
femas questions naw without it......my goal is to send this off to #ema before i leave orrthe 18th. nnark
knows that.and i have called scott deskins re: this as well.
»> Shirley Volk 12/09/98 04:56PM »>
Fred sent a fax today saying they will be submitting thews-built plans and the balance of the fee owed (to
FEMA) within the week and: has asked how soon you'will be able to get the necessary information sent in
for his project.. Will you be able to submit them within the required 90 day period if they get here this
.week?
CC: Jim Callaway, Natalie Ruiz
~_ __
~i r
Gil
Name of Plat:
Owner(s):
Block .Lots
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On: Jun 16,1999 at e7s':47PM
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abstract
I~IRABLE !~Y AtN ~IWdI, C~k1Ty Ix..ER1t
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KERB SURVEYING CO.
1'.O. BOX 269
505 CHURCH STREET
.COLLEGE STATION, TEXAS 77841.
Brad Kerr
Registered Professional
Land Surveyor #4502
Telephone:
(409) 268-3195
(409) b91-8904 FA,X
May 17, 1999
To: Bridgette George
Development Services
City of College Station
Re: LaCour Subdivision
Dear Bridgette,
Scott Deskins, of SCC College. Station Parteners, Ltd, (owner) and Mark Roberts, of
Nathan D. Maier, contacted me this morning and requested a few minor cosmetic changes in the
Replat we have submitted. These changes include trimming. the "base flood elevation" line
crossing lot 1A and making the labeling of the flood plain lines clearer. These changes are for
clarification only and do not affect anything else on the plat.
Please'contact me ASAP when this has been reviewed and is ready for a final signed mylar
to be submitted.
If you have any question, please feel free to contact me.
Sincerely,
C a
Louise Barker
CITY OF CULLEGE STATION
Development .Services
. 1101 South Texas.Avenue, P. U. Box 9960
College Station, Texas 77842-9960
(409) 764-3570
Date; A_pr121, 1999 No, of pages including cover 2
If you. did not receive a complete fad please call our office immediately for a new transmittal.
To: Brad Kerr Fax No. 691-8904
Company: Kerr Surve~g
From: Bridgette George Phone No. 764-3570
Remarks: ^ Urgent ~ Foryour review ^ Reply ASAP ^ Please COmnlent:
Staff looked at the Lacour revised final plat and has two comments
~ regarding the floodplain lines On the. attachment, the. portion drawn and
hatch-marked is where staff believes the location of the floodnlain should be.
Please call Jeff Tondre if you have any questions: re~ardin~; this issue.___Please
submit one Mvlar and one. copv of the revised final plat for filing at the
courthouse Thank you!
;!
i 31'31" E 2. ~ '432 ACt'eS \"~ `/ ~ ~~
X2.02 - •
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,n,~y •~ 5. t ~t)Q ACRE TRACT
~' h~ .•~ LACOUR SUt3Dtl~iStON
.. PHASE 1
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AP~ox~MAtE i oN ~ ~ CITY OF COl_t:EGE
of FLOOD uNE ~~ DEDICATED PER PL/A~:
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NATHAN D. MAIER
CONSULTING ENGINEF_RS, INC:
FAX COVER SHEET
Two NorthPark / 5060 Park lane !Suite 600
Dallas, Texas 75231
(214- 739741 /FAX {214) 734-5961
DATE: 04/21/99
TIME: 4.23 f M
NDM JOB NO.: 98-09-085
TO: VERONICA MORGAN
CITY OF COLLEGE STATION
FROM' Mark W. Roberts, P.E.
NA1'f [AN D. MA[ER CONSULTING ENGRJEERS, INC
PHONE: (409) 764-3570
FAX: (409) 764-3496
PHONE: (214) 739-4741
FAX: (214) 739-59b 1
NUMBER OF PAGES, INCLUDING THIS COVER SHEET: 4
IF TH1S TRANSMISSION IS INCOMPLETE OR INTERRUPTED, PLEASE CONTACT US A'I' (214) 739-4741
ORIGINAL COPY ® WILL ^ WILL NOT BE MAILED
Veronica:
Attached is a copy of a report that we did regarding the floodpIain delineation on the Pooh Park
tract. In summary, we took the HEC-2 model we did for the LaCour LOMR and mopdified
sections 171.80 and 175.30 to reflect the new topo by Kerr Surveying on the Pooh Park tract.
The: changes had. only a minor effect on the hydraulics with a maxcimum change of +0.16 feet at
section 175.30. Please .call if you have any questions.
Mark Roberts
ND
April 21, 1999
NATHAN D. MAIER
CONSUILT[NG ENGINEERS. INC.
Mr. Bill Pembroke
Kimley-Hom and Associates.
12700 Park Central Drive, Suite_1800
Dallas, Texas 75251
RE: Pooh Park Flood Study; College Station, Texas
NDMCE Project No. 98-09-085.C
Dear Mr. Pembroke:
Pursuant to your request we have made some modificationsto our approved HEC-2 model of V1Jolf Pen
Creek in College Station, Texas to reflect the more detailed topographic information obtained from Kerr
Surveying Co. The modifications were made to cross-sections 171.80 and 175.30 both of which cross the
Paoh Park tract as shown on the accompanying exhibit. The changes made were to the southeast bank of
the sections only as the Kerr survey did not include the opposite bank. The new topography was only
slightly. different from that used for the .original study sections. Consequently, the results of the revised
hydraulic model are similar to the approved model. Table 1 below shows the comparison of the original
approved model results to the revised model results. The maximum change occurs at cross-section
175.30 and is a rise of 0.16 feet. This change does not signifcantly change the position. of the °l_imits of
100-Year Flood Plain" line that we defined on the copy of the Kerr survey that we transmitted to Brad Kerr
on March 23, 1999.. The change has no effect on the position of the Floodway line that we defined on that
same survey copy.
TABLE 1
CROSS ORIGINAL REVISED CHANG€
SECTION 100 YR 100 YR
CWSEL CWSEL
*171.80 283.73 283.75 0.02
*175.30 286.27 288,43 .0,16
179.40 287.19 287,30 0.11
.180.40 287.49 287.58 0.09
181.12 286.89 286.96 0.07
182.40 287.84 287.89 0.05
185.50 288.91 288.94 0.03
188.00 290.15 290.16 0.01
j 190.80 290:74 290.75 0.01
193.50 291.13 .291.13 0.00
195.50 292.10 282.11 0.01
197.50 292.43 292.43 0.00
199.50 292.47 292.47 0.00
l 203.50 293.17 293.17 0.00
Section through Pooh Park Site
Two NorthPark / 8.080 Park F.ane / Sn[te 600 / Da41as, Texas 75231 / (214) 73{9-4741
Mr. Bill Pembroke
April 21, 1998
Page 2
We hope. that this brief report answers the questions that the City had regarding our delineation of the
floodplain on the Pooh Park tract. Please call if you have any additional questions.
Sincerely,
NATHAN D. MAZER
CONSULTING ENGINEERS, INC.
~ i~!2~V~
Mark W. Roberts, P.E.
MWRlmwr
attachment
Cc: Veronica Morgan, City of College Station
Brian. Becker, Trust Becker Law Firm
~~
Scale: 1' ~ 200'
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LIMtTS Of
100 YEAR
FLOODWAY PER
NATHAN MAZER
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9r°~t ~ °' '?4'
p i ~ ~ ~
9r~`~ ~~ti LIMITS OF ~ ~
~3 ,~ ~r<< 100 YR FLOOD PLAIN ~ ~ ~
' 'ZONE AE PER N
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~~• ~N
4~'~ ,'~ ~ UMffS OF =~n~ ~3~~g`'
s ~ ~ 100 YEAR ~ W w w
W -P .. ~+ FLOOO PLAIN ~ ~ ~ ~
^..
~~ ~,, PER NATHAN MAZER ~, +r ' ~ h
'~' y'1' ~ ,. •~'
.+P ,tie` ~'~. 1 Qic
04 ~, a ti ~
~ ,,• 1 ~.. r ~ ., ~
OMITS OF 8~q ~ . ~ \ '•. e
100 YEAR ~O ~ "P . ~ `~~ '~ ' o ~ ~J
FLOOD PLAIN ~-4~ ~''~' "~ ~,~ , °' 4
PER NATHAN MAZER 'f' ~ ,ti¢°ti ~o ~
~-
F 498 r k~~. qF ~ ~~
OMITS 0 i~ ~ ,~,• ~ w ,~(v
100 YEAR --------- ~ ,
FLOOD PUUN ~ . ~ ~ r ~
PER NATHAN MAZER ~ ~'O ~a~`'
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LIMITS OF ,~~ ~(O. k k ~ ~ ~ ?
100 YEAR .~
NATHAN MAZER ~~ ~ ~ r~ry~~17gl4~
OMITS OF 100 28~'3~ EXHIBIT
YR. FLOOD .PLAIN .......... ~ _, .... COLLEGE STATION. BRAZOS COUNTY. TEXAS
(FlRIA MAP)
NATHAN D. MAZER CONSULTING ENGINEERS, 1NC. 8080 PARK LANE, STE 600 DALLAS, TEXAS 75231
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CONSULTING FNGIiVEERS, INC
Two NorthPark / 8089 Park Sane 1 Suite b00
Dallas, Texan 75231
(214} 739741 /FAX {214} 739.5961
NATHAN D. MATER
DATE: 04/27/99 NDM JOB NO.: 48-09-085
TIMEo l 0:3o AM
TO' VERONICA MORGAN PHONE: {409) 764-3570
CITY OF COLLEGE STATION FAX: (409) 764-3496
FROM: Mark W. Roberts, P.E. PHONE:. (214). 739-4741
NATHAN 11. MAIIrR CONSULTING ENGINEERS, 1NC. .FAX'. (214) 739-5961
NUMBER OF PAGES, INCLUDING THIS COVER SHEET:
IF THIS TRANSMISSION. IS INCOMPLETE OR INTERRUPTED', PLEASE CONTACT US AT (214) 739-4741
ORIGINAL COPY ®.WILL ^ WILL NOT BE MAILED
Veronica:
The previous report we sent to .you on 4/2l/989 regarding the Pooh's Park site being developed
by the Seitz Group had an exhibit drawing attached. We have found an error in that dlrawing.
What was labeled "Limits of 10{} Year Floodway per. Nathan Maier" on that drawing was
actually our revised 140 year floodplain. What was labeled "Limits of 1OQ Year Fooodplain per
Nathan Maier" on that drawing was .actually the l OQ year floodplain elevation from our orignal
City of College Station study. The. attached corrected drawing .should be substituted for the
original and the original discarded. If you would like an electronic copy of the drawing please
send me you r email address and I will forward it to you. My address is mroberts@ndmice.com.
Thank you for your assistance..
FAX. COVER SHEEN'
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:Veronica. Morgan. - Re:___Development agreement with LaCour and SCC Page: 1:
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From: Carla Robinson L~.
To: Natalie Ruiz,: Veronica Morgan
Date:.. 6/25/98 11:27AM
Subject: Re: Development agreement with LaCour and SCC
This is in response to your question concerning whether the City can require a dedication of the ROW on
Lot 1 rather than .purchase the ROW pursuant to the _Development Agreement, now that the owner is
planning to subdivide Lot '1 and sell the front portion. It is my opinion that if we were to require the
dedication rather than. purchase the ROW, the City would. be in breach of the agreement, as long as the
other parties#o the agreement have continued to comply with those termsthat apply to them.
The Development Agreement has the effect of waiving. any applicable ordinance requirements and
replacing them with the .terms of the'agreement. Paragraph 12 of the Agreement expressly requires the
City to acquire the Kyle Street South ROW at the contemporary F.M.V. The December 6, 1996,
amendment to the agreement modifies the terms under which the City can acquire the ROW by
...providing some express discounts.
The requirement that the City purchase the ROW rather than. acquire it by dedication is not expressly
contingent upon the .owner maintaining Lot 1 in any certain way.: Paragraph 14 of the Agreement does
require LaCour and SCC to comply. with all other applicable ordinances and state and federal laws. So,
as long: as SCC can legally subdivide Lot 1, SCC's decision to do so does not violate the terms of the
Agreement.
The only "loophole" 1 see is contained'in Paragraph 16 of the Agreement. The failure of any party to
meet the terms and. conditions of the Agreement has the effect of terminating the Agreement. If that
happens, the City no longer has any obligation to waive or defer any ordinance requirements or comply
with any other provisions of the Agreement (i.e. the City could acquire the ROW by dedication as the
Kyle Street South extension is now reflected on the Thoroughfare Plan). Has Lacier or SCC complied
with .all terms of the Agreement?
As we talked about Tuesday, even if the City could legally get out of the agreement to purchase the
ROW, there is a policy issue of whether or .not the City wants to do that and face the potential fallout.
If you need a more formal written opinion .regarding this matter let me know and I'll .get one to you.
Shirley Volk - Re: Replat of SGC/LaCour replat Page 1.
From: Carla Robinson
To: Jim Callaway, Natalie Ruiz, Paul Kaspar, Shirle...
Date: 7/1/98 4:25PM
Subject: Re: Replat of SCC/LaCour replat
I had an opportunity to talk with Harvey and Roxanne about this and there aren't as many legal issues as
thought.
First, it's probably a good idea to contact both surveyors and. let them know there is a discrepancy.
Whenever the two disparate plats are harmonized, MDG should submit a revised plat (if the original plat
is incorrect). it would be a good idea to let MDG. know that the City will note on the. revised plat that its
purpose is to correct mistakes on the original plat.
As far as staffs. potential recommendation to P&Z to deny he plat if it's not pulled before July 16, what
would bethe basis for denial? Unless the replat fails to comply with the requirements in the Locall
Government Code, the plat must be approved. And as far as I could tell from our meeting, the replat
meets all statutory requirements.
Finally, while. I certainly see your concern with the dedication requirements in the ordinance and the
building encroachment in the flood way, there is nothing that the City need do or carr do at this point. We
can't require dedication of property after it's already been developed with a parking lot and building.
Though the building's construction in the.flood :way is a problem for the owner, that is something tlhe City
is neither required to remedy or can remedy.
The only potential negative: impact to the City is the fact that the building is in the flood way and, ~s you
said in the meeting, if and when FEMA audits us, that could be a negative mark on our "report card."
If l haven't answered all of your concerns just let me know.. Good Luck!
CC: Harvey Cargill, Roxanne Nemcik
COLLEGE STATION
P. O. Box 9960 1101 Texas Avenue College Station, T>C 77842
Tel: 409 764 3500
MEMORANDUM
TO: Brad Ken, Kerr Surveying Co.
FROI~i: Natalie Ruiz, Assistant Development Coordin for
DATE: June 16, 1998
RE: Lacour Subdivision, Replat of Lot 1.
Attached is a copy of the. above mentioned final plat with staff comments. Please address the staff
comments on the final plat and submit the following information by noon on 'Tuesday, June 23,
1998:
10 copies of the revised final plat; and,
® the revised mylar original.
If there are comments that you are not able to address, please submit a letter stating why you
were not able to make the necessary charTges This letter will be included in the Planning and
Zoning Commission packets for their consideration.
The Planning and Zoning Commission meeting will be at 7:00 p.m. on Thursday, July 2, 1998 in
the City Hall Council Room, 1101 Texas Avenue. South.
Recently, the City Council held a retreat and established their strategic. issues. for the next year.
One of the issues adopted by the Council was the extension of George .Bush Drive East
(previously Kyle Avenue) from Harvey Road to Holleman.. Staff will be working on thus issue
over the next year in hopes of accomplishing this extension. Due to this action bl;~ the. Council and
the existing development agreement that exists on this. property, the City would like to explore the
option of purchasing the George Bush Drive East right-of--way at this time with your client.
ffyou have any questions or need additional information, please call me at 764-3570. Thank you.
Attachment
cc: SC College Station Partners, Ltd., 2121 Sage Road, Ste 380, Houston, TX 77056
ase file #98-222
Home of Texas A&M University
~: S irlh ey Volk - Re Development agreement with LaCour and:SCC_..... Page.. 1.
From: Carla Robinson
Toc Natalie Ruiz, Veronica Morgan
Date: 6/25/98 11:27AM
Subject: Re: Development agreement with LaCour and SCC
This is in response to your question concerning whether the City can require a dedication of the ROW on
Lot 1 rather than. purchase the ROW pursuant to the Development Agreement, now that the owner is
planning to subdivide Lot 1 and. sell the front portion. It is my opinionthat if we were to require the
dedication. rather than. purchase the. ROW, the: City would be in breach of the agreement, as long as the
other parties to the agreement have continued to comply with those terms that apply to them.
The Development Agreement has the effect of waiving any applicable ordinance requirements and
replacing them. with the terms of the agreement. Paragraph_12 of the Agreement expressly'requires the
City to acquire the Kyle Street South ROW at the contemporary F.M.V. The December 6, 1996,
amendment to the agreement modifies the. terms under which the City can acquire the ROW by
providing some express discounts.
The requirement that the City. purchase the ROW ratheFthan acquire if by dedication is not expressly
contingent upon the owner. main#aning Lot 1 in-any certain way.. Paragraph 14 of the Agreement. does
require LaCour and SCC to comply with all other applicable ordinances and state and federal .laws. So,
as long as SCC can legally subdivide Lot 1,'SCC's decision to do so does not violate the terms of the
Agreement.
The only "loophole" I see is contained in Paragraph 16 of the Agreement. The failure of any partyr to
meef the terms and conditions of the Agreement has the effect of terminating the Agreement. If that
happens, the City no-longer has any obligation to waive or defer any ordinance requirements or comply
with any other provisions of the Agreement (i.e. the City could acquire the ROW by dedication as the
Kyle Street South extension is now reflected: on the Thoroughfare Plan). Has Lacier or SCC complied
with all terms of the Agreement?
As we talked about Tuesday, even if the City could legally get out of the agreement to purchase tlhe
ROW, thereis a policy issue of whether or not the City wants to do that and face the potential fallout.
If you need a more format written opinion regarding this matter let me know and +'ll get one to your.
`::Shirley Volk -Fwd Re: Development agreement with LaCour and :SCC Page 1
From: Veronica Morgan
To: Jim Callaway, Mark Smith, .Skip Noe
Date: 6/25/98 2:09PM
~ Subject: Fwd: Re: Development agreement with LaCour and SCC
here is legal's answer to the. question. posed in the strategic issue.#5 meeting the other day. we will
proceed with the staff report taking this replat to p8~z at the. July 16th meeting. mark, do you want to talk
to them about purchase now or just forget it and. you can do it later on during your street project? het me
know if you want us to help. facilitate any of the discussions at this time with this replat.
thanks
v
CC: Edwin Hard, Frank Simoneaux, Jane Kee, Paul Kas...
..
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~; Shirle Volk - Re Scc/Lacour Development:A~reement (Offrce Max) ..::.:::::::;::....::..:.,.::::.,.::..-::.:;,,..::-----:.:;::.;.::::::.:--:::.; .:.:::::::.:.,:::.::::::-::.:-..:~.~.:::::a9e.::.::
:.~::::.:..:::: Y::..:.: ::.:.....:....:....::.::.....::.::.::.::..-...::..::. .
j From: Veronica Morgan
To: Deborah Grace, Debra Charanza, Edwin Hard, Jane...
I Date: 6/19/98 5:28RM
Subject: Re: Scc/Lacour Development Agreement (Office Max)
no, that hasnt changed.... we will still pay him that money...i'll call him and remind him to invoice us. the
thing that i am going. to try and find out from our atty's Monday is if we can .now require him to dedicate
'~ the r.o.w. for gbush east since he is subdividing (which wasnt the original intent in the development
agreement - in there it was going to stay as one iot)....in a mtg i attended, skip has requested i research
this idea. so i'll research and update all on the answer once i find it.
»> Shirley Volk 06/19/98-03:36PM »>
Fred Heyne called today from-Mexico, where he is currently developing a single family subdivision about
200 miles outside of Mexico City, somewhere. in the mountains. His phone and fax number is
001-52-415-20796. He said the 001 is Long Distance Operator, the 52 is the country (Mexico), 415 is the
area code and his phone number there is 20796. He was returning a call Nat made to him. Well, we
chatted for a long time with him telling me that the. message from Nat was that we are getting ready to
extend E.Geo Bush (Kyle South), and his reply is "go for it and just use the steps outlined in the
development agreement . I actually forgot to tell him to submit an invoice for the half of the cost of the
grade study like you told"me to; Veronica, but Paul said that's a good thing! Anyway,. I didn't give him
any info about that., and I didn't know why Nat had called, so J really didn't TELL him anything! F®r once
~~ poor memory was a good thing, I guess. Anyway, if anyone needs to talk to him, you now have both his
phone '& fax number.
Also, since you called me from your car the other. night with the message about the money for the grade
study and l sent out the a-mail. to everyone, if that's really changed, perhaps someone should tell us all
so we won't make a blooperl
»> Shirley Volk 06/18/98 09:14AM »>
Veronica was reviewing the da for this project, and noticed that the City agreed to pay 50% of the grade
study for the extension of Kyle. SCC never invoiced us for that amount and. she has had a P.O. cut and
it's still outstanding, but she needs an invoice or at least-a letter asking for the funds in order to complete
processing it.
If anyone talks to Fred Heyne about his replat, please pass this information on to him, or at least refer
him to Veronica so she can explain what happened. Thanks.