HomeMy WebLinkAbout02-00500233- 0007575002/19/2005 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Bryan, Stacy & Dillard, L..L. P.
Attorneys at Law
,rravis !3. Bryan, III
Board Certified Criminal I.Hw
Texas Board I..cgal Specialization
Pierce I'. Stacy, III
Board Certified Conmiercitd Kcal E9ralc Law
Texas Board Lcgal Specialization
Jack W. IDillard
Board C:eriificd Civil Trial Law
Texas r3oHrd Legal Specialization
Craig M. Greavee
Allomcy
VIA FACSIMILE NO. 776-2235
February 13, 2003
Mr. Mark Dudley
R. M. Dudley Construction Company, Inc.
11370 State Highway 30
College Station, Texas 77845
RE: Waterline on easement over Koppc Bridge property on Highway 30
Dear Mark:
Post Office Boa 192
Bryan, Texas 77806
102 EasL 26th Street
Bryan, Testis 77803
Telephone: (979) 775-3900
Fax: (979) 775-2021
As you know, I represent Deiph Ross with respect to the above referenced matter. This is a
follow-up to our telephone conversation yesterday. I have spoken with Bret McCully with the City of
College Station. He informed me that as of this date, you do not have plans which have been approved
by the City for the laying of the line as you propose. Therefore, you have p outho rity to be&
construction of any sort on the easement.
1 understand from our conversation with Mr. McCully that an option for you to oonsider would
be to lay the line along the Pamela Road right-of-way. He indicated that he had suggested this
alternative. It appears that this would be less costly and obviously, cause less heartache or problems
for you as well as the Rosses. This option would allow you to avoid the cost associated with the
restoration of the Ross' property, both now and that may be necessary in the future. If is our concern
that any type of digging followed by attempted restoration of the parking lot will not solve the problem,
and there will be a need for additional restoration in the future- We hope that you will give strong
consideration to the Pamela Lane option. It is our understanding that your engineer is familiar with this
and that the City has provided you with comments concerning the same.
I assure you that Mr. Ross wants to resolve this amicably. However, you must recognize and
understand that at this time you do not have authority to begin digging on their property. I suggest that
we discuss this with Mr. McCully at the City of College Station and attempt to resolve this to the
satisfaction of all concerned.
2002
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Mr. Mark Dudley
February 13, 2003
Page 2
JWD/lp
& DILLARD, L.L.P.
Z003
xc: Mr. Delph Ross
Sincerely,
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Bryan, Stacy & Dillard, L. L. P.
Attorijeps at Lam,
Travis 0, Bryan, Ili
Board Certified Criminal ljaw
Texas Board 1,cgal Specialization
Pierce P. Stacy, III
Board Certified Commercial Kcal Estale Law
Texas Board Legal Specialization
Jack W. Dillard
Board Cerlificd Civil Trial Law
Texas Board Legal Specialization
Craig M. Greavcc
Allomcy
n4 FACSIMILE NO. 776-2235
February 13, 2003
Mr. Mark Dudley
R. M. Dudley Construction Company, Inc.
11370 State Highway 30
College Station, Texas 77845
RE: Waterline on casement over Koppe Bridge property on Highway 30
Dear Mark:
Post Office Box 192
Bryan, Texas 77806
102 East 26th Street
Bryan, Texas 77803
Telephone: (979) 775-39UU
Fax: (979) 775-2021
As you know, l represent Dolph Ross with respect to the above referenced matter. This is a
follow-up to our telephone conversation yesterday. I have spoken with Bret McCully with the City of
College Station. He informed me that as of this date, you do not have plans which have been approved
by the City for the laying of the line as you propose. Therefore, you have m authoft to begin
construction of any sort on the easement.
1 understand from our conversation with Mr. McCully that an option for you to oonsider would
be to lay the line along the Pamela Road right-of-way. He indicated that he had suggested this
alternative. It appears that this would be less costly and obviously, cause less heartache or problems
for you as well as the R.osses. This option would allow you to avoid the cost associated with the
restoration of the Ross' property, both now and that may be necessary in the future. It is our concern
that any type of digging followed by attempted restoration of the parking lot will not solve the problem,
and there will be a need for additional restoration in the future. We hope that you will give strong
consideration to the Pamela Lane option. It is our understanding that your engineer is familiar with this
and that the City has provided you with comments concerning the same.
I assure you that Mr. Ross wants to resolve this amicably. However, you must recognize and
understand that at this time you do not have authority to begin digging on their property. I suggest that
we discuss this with Mr. McCully at the City of College Station and attempt to resolve this to the
satisfaction of all concerned.
0002
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Mr. Mark Dudley
February 13, 2003
PW2
JWD/1p
AD, L.L.P.
Z003
xc: Mr. Delph Ross
Sincerely,
d4o.~I~IeqA
Texas Natural Resource Conservation Commission Page 47
Chapter 290 - Public Drinking Water
(i) Where a new potable waterline parallels an existing, non-pressure or
pressure rated wastewater main or lateral and the licensed professional engineer licensed in the State of
Texas is able to determine that the existing wastewater main or lateral is not leaking, the new potable
waterline shall be located at least two feet above the existing wastewater main or lateral, measured
vertically, and at least four feet away, measured horizontally, from the existing wastewater main or
lateral. Every effort shall be exerted not to disturb the bedding and backfill of the existing wastewater
main or lateral.
(ii) Where a new potable waterline parallels an existing pressure rated
wastewater main or lateral and it cannot be determined by the licensed professional engineer if the
existing line is leaking, the existing wastewater main or lateral shall be replaced with at least 150 psi
pressure rated pipe. The new potable waterline shall be located at least two feet above the new
wastewater line, measured vertically, and at least four feet away, measured horizontally, from the
replaced wastewater main or lateral.
(iii) Where a new potable waterline parallels a new wastewater main,
the wastewater main or lateral shall be constructed of at least 150 psi pressure rated pipe. The new
potable waterline shall be located at least two feet above the wastewater main or lateral, measured
vertically, and at least four feet away, measured horizontally, from the wastewater main or lateral.
(B) New Waterline Installation - Crossing Lines.
(i) Where a new potable waterline crosses an existing, non-pressure
rated wastewater main or lateral, one segment of the waterline pipe shall be centered over the
wastewater main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet
horizontally from the centerline of the wastewater main or lateral. The potable waterline shall be at least
two feet above the wastewater main or lateral. Whenever possible, the crossing shall be centered
between the joints of the wastewater main or lateral. If the existing wastewater main or lateral is
disturbed or shows signs of leaking, it shall be replaced for at least nine feet in both directions (18 feet
total) with at least 150 psi pressure rated pipe.
(ii) Where a new potable waterline crosses an existing, pressure rated
wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater
main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet horizontally
from the centerline of the wastewater main or lateral. The potable waterline shall be at least six inches
above the wastewater main or lateral. Whenever possible, the crossing shall be centered between the
joints of the wastewater main or lateral. If the existing wastewater main or lateral shows signs of leaking,
it shall be replaced for at least nine feet in both directions (18 feet total) with at least 150 psi pressure
rated pipe.
(iii) Where a new potable waterline crosses a new, non-pressure rated
wastewater main or lateral and the standard pipe segment length of the wastewater main or lateral is at
least 18 feet, one segment of the waterline pipe shall be centered over the wastewater main or lateral
such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the
Texas Natural Resource Conservation Commission
Chapter 290 - Public Drinking Water
Page 48
centerline of the wastewater main or lateral. The potable waterline shall be at least two feet above the
wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the
wastewater main or lateral. The wastewater pipe shall have a minimum pipe stiffness of 115 psi at 5.0%
deflection. The wastewater main or lateral shall be embedded in cement stabilized sand (see
§290.44(e)(4)(B)(vi) of this title) for the total length of one pipe segment plus 12 inches beyond the joint
on each end.
(iv) Where a new potable waterline crosses a new, non-pressure rated
wastewater main or lateral and a standard length of the wastewater pipe is less than 18 feet in length, the
potable water pipe segment shall be centered over the wastewater line. The materials and method of
installation shall conform with one of the following options:
(I) Within nine feet horizontally of either side of the waterline,
the wastewater pipe and joints shall be constructed with pipe material having a minimum pressure rating
of at least 150 psi. An absolute minimum vertical separation distance of two feet shall be provided. The
wastewater main or lateral shall be located below the waterline.
(II) All sections of wastewater main or lateral within nine feet
horizontally of the waterline shall be encased in an 18 foot (or longer) section of pipe. Flexible encasing
pipe shall have a minimum pipe stiffness of 115 psi at 5.0% deflection. The encasing pipe shall be
centered on the waterline and shall be at least two nominal pipe diameters larger than the wastewater
main or lateral. The space around the carrier pipe shall be supported at five-foot (or less) intervals with
spacers or be filled to the springline with washed sand. Each end of the casing shall be sealed with water
tight non-shrink cement grout or a manufactured water tight seal. An absolute minimum separation
distance of six inches between the encasement pipe and the waterline shall be provided. The wastewater
line shall be located below the waterline.
(III) When a new waterline crosses under a wastewater main
or lateral, the waterline shall be encased as described for wastewater mains or laterals in subclause (II)
of this clause or constructed of ductile iron or steel pipe with mechanical or welded joints as appropriate.
An absolute minimum separation distance of one foot between the water line and the wastewater main or
lateral shall be provided. Both the waterline and wastewater main or lateral must pass a pressure and
leakage test as specified in AWWA C600 standards.
(v) Where a new potable waterline crosses a new, pressure rated
wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater line
such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the
centerline of the wastewater main or lateral. The potable waterline shall be at least six inches above the
wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the
wastewater main or lateral. The wastewater pipe shall have a minimum pressure rating of at least 150
psi. The wastewater main or lateral shall be embedded in cement stabilized sand (see clause (vi) of this
subparagraph) for the total length of one pipe segment plus 12 inches beyond the joint on each end.
Texas Natural Resource Conservation Commission
Chapter 290 - Public Drinking Water
Page 49
(vi) Where cement stabilized sand bedding is required, the cement
stabilized sand shall have a minimum of 10% cement per cubic yard of cement stabilized sand mixture,
based on loose dry weight volume (at least 2.5 bags of cement per cubic yard of mixture). The cement
stabilized sand bedding shall be a minimum of six inches above and four inches below the wastewater
main or lateral. The use of brown coloring in cement stabilized sand for wastewater main or lateral
bedding is recommended for the identification of pressure rated wastewater mains during future
construction.
(5) Waterline and Wastewater Main or Lateral Manhole or Cleanout Separation. The
separation distance from a potable waterline to a wastewater main or lateral manhole or cleanout shall be
a minimum of nine feet. Where the nine-foot separation distance cannot be achieved, the potable
waterline shall be encased in a joint of at least 150 psi pressure class pipe at least 18 feet long and two
nominal sizes larger than the new conveyance. The space around the carrier pipe shall be supported at
five feet intervals with spacers or be filled to the spring line with washed sand. The encasement pipe
shall be centered on the crossing and both ends sealed with cement grout or manufactured sealant.
(6) Location of Fire Hydrants. Fire hydrants shall not be installed within nine feet
vertically or horizontally of any wastewater main, wastewater lateral or wastewater service line
regardless of construction.
(7) Location of Potable or Raw Water Supply or Suction Lines. Suction mains to
pumping equipment shall not cross wastewater mains, wastewater laterals or wastewater service lines.
Raw water supply lines shall not be installed within five feet of any file or concrete wastewater main,
wastewater lateral, or wastewater service line.
(8) Proximity of Septic Tank Drainfields. Waterlines shall not be installed closer than ten
feet to septic tank drainfields.
(f) Sanitary precautions and disinfection. Sanitary precautions, flushing, disinfection procedures
and microbiological sampling as prescribed in AWWA standards for disinfecting water mains shall be
followed in laying waterlines.
(1) Pipe shall not be laid in water or placed where it can be flooded with water or
sewage during its storage or installation.
(2) Special precautions must be taken when water lines are laid under any flowing or
intermittent stream or semipermanent body of water such as marsh, bay or estuary. In these cases, the
water main shall be installed in a separate watertight pipe encasement and valves must be provided on
each side of the crossing with facilities to allow the underwater portion of the system to be isolated and
tested to determine that there are no leaks in the underwater line. Alternately, and with the permission of
the executive director, the watertight pipe encasement may be omitted.
(3) New mains shall be thoroughly disinfected in accordance with AWWA Standard
C651 and then flushed and sampled before being placed in service. Samples shall be collected for
.E i zov~d
gall
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v
HARVEY HILLSIDES ARCHITECTURAL CONTROL COMMITTEE
15 Ranchero Drive,
College Station, Tx
77845-9405
October 30, 2002
Messrs. Pat and Joe Marek
2112 Southwood Drive
College Station, 'T'exas 77840
Gentlemen:
The Harvey Hillsides Architectural Control Committee has reviewed
the plans and specifications for your Stop and Store Mini-Storage
facility at 3820 Harvey Road (Block 4 of the Harvey Hillsides
Addition).
The Committee approved your development with the following
contingencies:
a. To promote security, the rear gate to the facility will
be kept closed and securely locked except during actual use
by authorized personnel.
b. Exterior lighting will be directed inward at the rear
and sides of the property to avoid creating a nighttime nuisance
to neighboring dwellings and businesses. There will be no
lighting on poles.
C. Because of the flooding experienced in the past, the
Committee requests a letter from a registered civil engineer
stating that the surface water flow from the property following
completion of the project will not exceed the flow prior to
the land being developed. We further request this letter be
received by the Committee prior to the start of construction.
The Committee welcomes you to the Harvey Hillsides Community
and extends best wishes for successful completion of your
development.
FOR THE COMMITTEE:
John R. Vilas
\ Chairman
CF: /City of Colleqe Station Development Services
Committee members
(2) a notarized affidavit by the person requesting service that states that the
property was sold or conveyed to that person before September 1, 1995, and that construction
of a residence on the land, evidenced by at least the existence of a completed foundation, was
begun on or before May 1, 1997.
(f) A person requesting service may obtain a certificate under Subsection (c)(4)(B) only if
the person provides to the municipal authority responsible for approving plats an affidavit that
states that the property was not sold or conveyed to that person from a subdivider or the
subdivider's agent after September 1, 1995.
(g) On request, the municipal authority responsible for approving plats shall provide to the
attorney general and any appropriate local, county, or state law enforcement official a copy of
any document on which the municipal authority relied in determining the legality of providing
service.
(h) This section may not be construed to abrogate any civil or criminal proceeding or
prosecution or to waive any penalty against a subdivider for a violation of a state or local law,
regardless of the date on which the violation occurred.
(i) In this section:
(1) "Foundation" means the lowest division of a residence, usually consisting of a
masonry slab or a pier and beam structure, that is partly or wholly below the surface of the
ground and on which the residential structure rests.
(2) "Subdivider" has the meaning assigned by Section 232.021.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71 st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989; Acts 1989, 71 st Leg., ch.
624, § 3.01, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1062, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 62, § 18.34, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch.
404, § 2, eff. Sept. 1, 1999.
§ 212.013. Vacating Plat
(a) The proprietors of the tract covered by a plat may vacate the plat at any time before
any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring
the plat vacated is approved and recorded in the manner prescribed for the original plat.
(b) If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on
the application of all the owners of lots in the plat with approval obtained in the manner
prescribed for the original plat.
(c) The county clerk shall write legibly on the vacated plat the word "Vacated" and shall
enter on the plat a reference to the volume and page at which the vacating instrument is
recorded.
(d) On the execution and recording of the vacating instrument, the vacated plat has no
effect.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 212.014. Replatting Without Vacating Preceding Plat
A replat of a subdivision or part of a subdivision may be recorded and is controlling over the
preceding plat without vacation of that plat if the replat:
(1) is signed and acknowledged by only the owners of the property being replatted;
(2) is approved, after a public hearing on the matter at which parties in interest and
citizens have an opportunity to be heard, by the municipal authority responsible for approving
plats; and
(3) does not attempt to amend or remove any covenants or restrictions.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 212.0145. Replatting Without Vacating Preceding Plat: Certain Subdivisions
(a) A replat of a part of a subdivision may be recorded and is controlling over the
preceding plat without vacation of that plat if the replat:
(1) is signed and acknowledged by only the owners of the property being
replatted; and
(2) involves only property:
(A) of less than one acre that fronts an existing street; and
(B) that is owned and used by a nonprofit corporation established to assist
children in at-risk situations through volunteer and individualized attention.
(b) An existing covenant or restriction for property that is replatted under this section does
not have to be amended or removed if:
(1) the covenant or restriction was recorded more than 50 years before the date of
the replat; and
(2) the replatted property has been continuously used by the nonprofit corporation
for at least 10 years before the date of the replat.
(c) Sections 212.014 and 212.015 do not apply to a replat under this section.
Added by Acts 1999, 76th Leg., ch. 1130, § 1, eff. June 18, 1999.
§ 212.015. Additional Requirements for Certain Replats
(a) In addition to compliance with Section 212.014, a replat without vacation of the
preceding plat must conform to the requirements of this section if:
(1) during the preceding five years, any of the area to be replatted was limited by
an interim or permanent zoning classification to residential use for not more than two residential
units per lot; or
(2) any lot in the preceding plat was limited by deed restrictions to residential use
for not more than two residential units per lot.
(b) Notice of the hearing required under Section 212.014 shall be given before the 15th
day before the date of the hearing by:
(1) publication in an official newspaper or a newspaper of general circulation in the
county in which the municipality is located; and
(2) by written notice, with a copy of Subsection (c) attached, forwarded by the
municipal authority responsible for approving plats to the owners of lots that are in the original
subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most
recently approved municipal tax roll or in the case of a subdivision within the extraterritorial
jurisdiction, the most recently approved county tax roll of the property upon which the replat is
requested. The written notice may be delivered by depositing the notice, properly addressed
with postage prepaid, in a post office or postal depository within the boundaries of the
municipality.
(c) If the proposed replat requires a variance and is protested in accordance with this
subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at
least three-fourths of the members present of the municipal planning commission or governing
body, or both. For a legal protest, written instruments signed by the owners of at least 20
percent of the area of the lots or land immediately adjoining the area covered by the proposed
replat and extending 200 feet from that area, but within the original subdivision, must be filed
with the municipal planning commission or governing body, or both, prior to the close of the
public hearing.
(d) In computing the percentage of land area under Subsection (c), the area of streets
and alleys shall be included.
(e) Compliance with Subsections (c) and (d) is not required for approval of a replat of part
of a preceding plat if the area to be replatted was designated or reserved for other than single or
duplex family residential use by notation on the last legally recorded plat or in the legally
recorded restrictions applicable to the plat.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71 st Leg., ch.
345, 2 to 5, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 1046, § 3, eff. Aug. 30, 1993.
§ 212.016. Amending Plat
(a) The municipal authority responsible for approving plats may approve and issue an
amending plat, which may be recorded and is controlling over the preceding plat without
vacation of that plat, if the amending plat is signed by the applicants only and is solely for one or
more of the following purposes:
(1) to correct an error in a course or distance shown on the preceding plat;
(2) to add a course or distance that was omitted on the preceding plat;
(3) to correct an error in a real property description shown on the preceding plat;
(4) to indicate monuments set after the death, disability, or retirement from practice
of the engineer or surveyor responsible for setting monuments;
(5) to show the location or character of a monument that has been changed in
location or character or that is shown incorrectly as to location or character on the preceding
plat;
(6) to correct any other type of scrivener or clerical error or omission previously
approved by the municipal authority responsible for approving plats, including lot numbers,
acreage, street names, and identification of adjacent recorded plats;
(7) to correct an error in courses and distances of lot lines between two adjacent
lots if:
(A) both lot owners join in the application for amending the plat;
(B) neither lot is abolished;
(C) the amendment does not attempt to remove recorded covenants or
restrictions; and
(D) the amendment does not have a material adverse effect on the property
rights of the other owners in the plat;
(8) to relocate a lot line to eliminate an inadvertent encroachment of a building or
other improvement on a lot line or easement;
(9) to relocate one or more lot lines between one or more adjacent lots if:
(A) the owners of all those lots join in the application for amending the plat;
(B) the amendment does not attempt to remove recorded covenants or
restrictions; and
(C) the amendment does not increase the number of lots;
3*'/pt
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GARRETT ENGINEERING
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We Are Sending You : Ha=svith _ Uttctur S Cover Ilse i:'vilowing:
Copies owe Description
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Received
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R.W DUDLEY GENERAL CONTRACTORS
026942
CHECK DATE: 03/24/2003 CHECK NO: 26942
•
INV. DATE
DESCRIPTION
• AMOUNT
ADJUSTMENTS
NET AMOUNT
03-24-03
VENDOR •
03/24/2003
VEN
PARKLAND DED
DOR NAME
CATION 556.00
TOTAL GROSS
TOTAL ADJ.
556.00
TOTAL NET
00
556
CITYL
CITY OF CO
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03/24/2003 13:56 4093614487
BUDDY WINN
STATEMENT OF ACCOUNT
This L5 stateme,t or` taxes paid , due i,
Mtai7 200,73 based upon the tai; records cf
BRAZOS COUNTY TAX OP iCE
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PAID BILLS SUMMARY
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02/19/2005 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Bryan, Stacy & Dillard, L..L. P.
Attorneys at Law
,rravis !3. Bryan, III
Board Certified Criminal I.Hw
Texas Board I..cgal Specialization
Pierce I'. Stacy, III
Board Certified Conmiercitd Kcal E9ralc Law
Texas Board Lcgal Specialization
Jack W. IDillard
Board C:eriificd Civil Trial Law
Texas r3oHrd Legal Specialization
Craig M. Greavee
Allomcy
VIA FACSIMILE NO. 776-2235
February 13, 2003
Mr. Mark Dudley
R. M. Dudley Construction Company, Inc.
11370 State Highway 30
College Station, Texas 77845
RE: Waterline on easement over Koppc Bridge property on Highway 30
Dear Mark:
Post Office Boa 192
Bryan, Texas 77806
102 EasL 26th Street
Bryan, Testis 77803
Telephone: (979) 775-3900
Fax: (979) 775-2021
As you know, I represent Deiph Ross with respect to the above referenced matter. This is a
follow-up to our telephone conversation yesterday. I have spoken with Bret McCully with the City of
College Station. He informed me that as of this date, you do not have plans which have been approved
by the City for the laying of the line as you propose. Therefore, you have p outho rity to be&
construction of any sort on the easement.
1 understand from our conversation with Mr. McCully that an option for you to oonsider would
be to lay the line along the Pamela Road right-of-way. He indicated that he had suggested this
alternative. It appears that this would be less costly and obviously, cause less heartache or problems
for you as well as the Rosses. This option would allow you to avoid the cost associated with the
restoration of the Ross' property, both now and that may be necessary in the future. If is our concern
that any type of digging followed by attempted restoration of the parking lot will not solve the problem,
and there will be a need for additional restoration in the future- We hope that you will give strong
consideration to the Pamela Lane option. It is our understanding that your engineer is familiar with this
and that the City has provided you with comments concerning the same.
I assure you that Mr. Ross wants to resolve this amicably. However, you must recognize and
understand that at this time you do not have authority to begin digging on their property. I suggest that
we discuss this with Mr. McCully at the City of College Station and attempt to resolve this to the
satisfaction of all concerned.
2002
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Mr. Mark Dudley
February 13, 2003
Page 2
JWD/lp
& DILLARD, L.L.P.
Z003
xc: Mr. Delph Ross
Sincerely,
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Bryan, Stacy & Dillard, L. L. P.
Attorijeps at Lam,
Travis 0, Bryan, Ili
Board Certified Criminal ljaw
Texas Board 1,cgal Specialization
Pierce P. Stacy, III
Board Certified Commercial Kcal Estale Law
Texas Board Legal Specialization
Jack W. Dillard
Board Cerlificd Civil Trial Law
Texas Board Legal Specialization
Craig M. Greavcc
Allomcy
n4 FACSIMILE NO. 776-2235
February 13, 2003
Mr. Mark Dudley
R. M. Dudley Construction Company, Inc.
11370 State Highway 30
College Station, Texas 77845
RE: Waterline on casement over Koppe Bridge property on Highway 30
Dear Mark:
Post Office Box 192
Bryan, Texas 77806
102 East 26th Street
Bryan, Texas 77803
Telephone: (979) 775-39UU
Fax: (979) 775-2021
As you know, l represent Dolph Ross with respect to the above referenced matter. This is a
follow-up to our telephone conversation yesterday. I have spoken with Bret McCully with the City of
College Station. He informed me that as of this date, you do not have plans which have been approved
by the City for the laying of the line as you propose. Therefore, you have m authoft to begin
construction of any sort on the easement.
1 understand from our conversation with Mr. McCully that an option for you to oonsider would
be to lay the line along the Pamela Road right-of-way. He indicated that he had suggested this
alternative. It appears that this would be less costly and obviously, cause less heartache or problems
for you as well as the R.osses. This option would allow you to avoid the cost associated with the
restoration of the Ross' property, both now and that may be necessary in the future. It is our concern
that any type of digging followed by attempted restoration of the parking lot will not solve the problem,
and there will be a need for additional restoration in the future. We hope that you will give strong
consideration to the Pamela Lane option. It is our understanding that your engineer is familiar with this
and that the City has provided you with comments concerning the same.
I assure you that Mr. Ross wants to resolve this amicably. However, you must recognize and
understand that at this time you do not have authority to begin digging on their property. I suggest that
we discuss this with Mr. McCully at the City of College Station and attempt to resolve this to the
satisfaction of all concerned.
0002
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Mr. Mark Dudley
February 13, 2003
PW2
JWD/1p
AD, L.L.P.
Z003
xc: Mr. Delph Ross
Sincerely,
d4o.~I~IeqA
Texas Natural Resource Conservation Commission Page 47
Chapter 290 - Public Drinking Water
(i) Where a new potable waterline parallels an existing, non-pressure or
pressure rated wastewater main or lateral and the licensed professional engineer licensed in the State of
Texas is able to determine that the existing wastewater main or lateral is not leaking, the new potable
waterline shall be located at least two feet above the existing wastewater main or lateral, measured
vertically, and at least four feet away, measured horizontally, from the existing wastewater main or
lateral. Every effort shall be exerted not to disturb the bedding and backfill of the existing wastewater
main or lateral.
(ii) Where a new potable waterline parallels an existing pressure rated
wastewater main or lateral and it cannot be determined by the licensed professional engineer if the
existing line is leaking, the existing wastewater main or lateral shall be replaced with at least 150 psi
pressure rated pipe. The new potable waterline shall be located at least two feet above the new
wastewater line, measured vertically, and at least four feet away, measured horizontally, from the
replaced wastewater main or lateral.
(iii) Where a new potable waterline parallels a new wastewater main,
the wastewater main or lateral shall be constructed of at least 150 psi pressure rated pipe. The new
potable waterline shall be located at least two feet above the wastewater main or lateral, measured
vertically, and at least four feet away, measured horizontally, from the wastewater main or lateral.
(B) New Waterline Installation - Crossing Lines.
(i) Where a new potable waterline crosses an existing, non-pressure
rated wastewater main or lateral, one segment of the waterline pipe shall be centered over the
wastewater main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet
horizontally from the centerline of the wastewater main or lateral. The potable waterline shall be at least
two feet above the wastewater main or lateral. Whenever possible, the crossing shall be centered
between the joints of the wastewater main or lateral. If the existing wastewater main or lateral is
disturbed or shows signs of leaking, it shall be replaced for at least nine feet in both directions (18 feet
total) with at least 150 psi pressure rated pipe.
(ii) Where a new potable waterline crosses an existing, pressure rated
wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater
main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet horizontally
from the centerline of the wastewater main or lateral. The potable waterline shall be at least six inches
above the wastewater main or lateral. Whenever possible, the crossing shall be centered between the
joints of the wastewater main or lateral. If the existing wastewater main or lateral shows signs of leaking,
it shall be replaced for at least nine feet in both directions (18 feet total) with at least 150 psi pressure
rated pipe.
(iii) Where a new potable waterline crosses a new, non-pressure rated
wastewater main or lateral and the standard pipe segment length of the wastewater main or lateral is at
least 18 feet, one segment of the waterline pipe shall be centered over the wastewater main or lateral
such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the
Texas Natural Resource Conservation Commission
Chapter 290 - Public Drinking Water
Page 48
centerline of the wastewater main or lateral. The potable waterline shall be at least two feet above the
wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the
wastewater main or lateral. The wastewater pipe shall have a minimum pipe stiffness of 115 psi at 5.0%
deflection. The wastewater main or lateral shall be embedded in cement stabilized sand (see
§290.44(e)(4)(B)(vi) of this title) for the total length of one pipe segment plus 12 inches beyond the joint
on each end.
(iv) Where a new potable waterline crosses a new, non-pressure rated
wastewater main or lateral and a standard length of the wastewater pipe is less than 18 feet in length, the
potable water pipe segment shall be centered over the wastewater line. The materials and method of
installation shall conform with one of the following options:
(I) Within nine feet horizontally of either side of the waterline,
the wastewater pipe and joints shall be constructed with pipe material having a minimum pressure rating
of at least 150 psi. An absolute minimum vertical separation distance of two feet shall be provided. The
wastewater main or lateral shall be located below the waterline.
(II) All sections of wastewater main or lateral within nine feet
horizontally of the waterline shall be encased in an 18 foot (or longer) section of pipe. Flexible encasing
pipe shall have a minimum pipe stiffness of 115 psi at 5.0% deflection. The encasing pipe shall be
centered on the waterline and shall be at least two nominal pipe diameters larger than the wastewater
main or lateral. The space around the carrier pipe shall be supported at five-foot (or less) intervals with
spacers or be filled to the springline with washed sand. Each end of the casing shall be sealed with water
tight non-shrink cement grout or a manufactured water tight seal. An absolute minimum separation
distance of six inches between the encasement pipe and the waterline shall be provided. The wastewater
line shall be located below the waterline.
(III) When a new waterline crosses under a wastewater main
or lateral, the waterline shall be encased as described for wastewater mains or laterals in subclause (II)
of this clause or constructed of ductile iron or steel pipe with mechanical or welded joints as appropriate.
An absolute minimum separation distance of one foot between the water line and the wastewater main or
lateral shall be provided. Both the waterline and wastewater main or lateral must pass a pressure and
leakage test as specified in AWWA C600 standards.
(v) Where a new potable waterline crosses a new, pressure rated
wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater line
such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the
centerline of the wastewater main or lateral. The potable waterline shall be at least six inches above the
wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the
wastewater main or lateral. The wastewater pipe shall have a minimum pressure rating of at least 150
psi. The wastewater main or lateral shall be embedded in cement stabilized sand (see clause (vi) of this
subparagraph) for the total length of one pipe segment plus 12 inches beyond the joint on each end.
Texas Natural Resource Conservation Commission
Chapter 290 - Public Drinking Water
Page 49
(vi) Where cement stabilized sand bedding is required, the cement
stabilized sand shall have a minimum of 10% cement per cubic yard of cement stabilized sand mixture,
based on loose dry weight volume (at least 2.5 bags of cement per cubic yard of mixture). The cement
stabilized sand bedding shall be a minimum of six inches above and four inches below the wastewater
main or lateral. The use of brown coloring in cement stabilized sand for wastewater main or lateral
bedding is recommended for the identification of pressure rated wastewater mains during future
construction.
(5) Waterline and Wastewater Main or Lateral Manhole or Cleanout Separation. The
separation distance from a potable waterline to a wastewater main or lateral manhole or cleanout shall be
a minimum of nine feet. Where the nine-foot separation distance cannot be achieved, the potable
waterline shall be encased in a joint of at least 150 psi pressure class pipe at least 18 feet long and two
nominal sizes larger than the new conveyance. The space around the carrier pipe shall be supported at
five feet intervals with spacers or be filled to the spring line with washed sand. The encasement pipe
shall be centered on the crossing and both ends sealed with cement grout or manufactured sealant.
(6) Location of Fire Hydrants. Fire hydrants shall not be installed within nine feet
vertically or horizontally of any wastewater main, wastewater lateral or wastewater service line
regardless of construction.
(7) Location of Potable or Raw Water Supply or Suction Lines. Suction mains to
pumping equipment shall not cross wastewater mains, wastewater laterals or wastewater service lines.
Raw water supply lines shall not be installed within five feet of any file or concrete wastewater main,
wastewater lateral, or wastewater service line.
(8) Proximity of Septic Tank Drainfields. Waterlines shall not be installed closer than ten
feet to septic tank drainfields.
(f) Sanitary precautions and disinfection. Sanitary precautions, flushing, disinfection procedures
and microbiological sampling as prescribed in AWWA standards for disinfecting water mains shall be
followed in laying waterlines.
(1) Pipe shall not be laid in water or placed where it can be flooded with water or
sewage during its storage or installation.
(2) Special precautions must be taken when water lines are laid under any flowing or
intermittent stream or semipermanent body of water such as marsh, bay or estuary. In these cases, the
water main shall be installed in a separate watertight pipe encasement and valves must be provided on
each side of the crossing with facilities to allow the underwater portion of the system to be isolated and
tested to determine that there are no leaks in the underwater line. Alternately, and with the permission of
the executive director, the watertight pipe encasement may be omitted.
(3) New mains shall be thoroughly disinfected in accordance with AWWA Standard
C651 and then flushed and sampled before being placed in service. Samples shall be collected for
.E i zov~d
gall
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v
HARVEY HILLSIDES ARCHITECTURAL CONTROL COMMITTEE
15 Ranchero Drive,
College Station, Tx
77845-9405
October 30, 2002
Messrs. Pat and Joe Marek
2112 Southwood Drive
College Station, 'T'exas 77840
Gentlemen:
The Harvey Hillsides Architectural Control Committee has reviewed
the plans and specifications for your Stop and Store Mini-Storage
facility at 3820 Harvey Road (Block 4 of the Harvey Hillsides
Addition).
The Committee approved your development with the following
contingencies:
a. To promote security, the rear gate to the facility will
be kept closed and securely locked except during actual use
by authorized personnel.
b. Exterior lighting will be directed inward at the rear
and sides of the property to avoid creating a nighttime nuisance
to neighboring dwellings and businesses. There will be no
lighting on poles.
C. Because of the flooding experienced in the past, the
Committee requests a letter from a registered civil engineer
stating that the surface water flow from the property following
completion of the project will not exceed the flow prior to
the land being developed. We further request this letter be
received by the Committee prior to the start of construction.
The Committee welcomes you to the Harvey Hillsides Community
and extends best wishes for successful completion of your
development.
FOR THE COMMITTEE:
John R. Vilas
\ Chairman
CF: /City of Colleqe Station Development Services
Committee members
(2) a notarized affidavit by the person requesting service that states that the
property was sold or conveyed to that person before September 1, 1995, and that construction
of a residence on the land, evidenced by at least the existence of a completed foundation, was
begun on or before May 1, 1997.
(f) A person requesting service may obtain a certificate under Subsection (c)(4)(B) only if
the person provides to the municipal authority responsible for approving plats an affidavit that
states that the property was not sold or conveyed to that person from a subdivider or the
subdivider's agent after September 1, 1995.
(g) On request, the municipal authority responsible for approving plats shall provide to the
attorney general and any appropriate local, county, or state law enforcement official a copy of
any document on which the municipal authority relied in determining the legality of providing
service.
(h) This section may not be construed to abrogate any civil or criminal proceeding or
prosecution or to waive any penalty against a subdivider for a violation of a state or local law,
regardless of the date on which the violation occurred.
(i) In this section:
(1) "Foundation" means the lowest division of a residence, usually consisting of a
masonry slab or a pier and beam structure, that is partly or wholly below the surface of the
ground and on which the residential structure rests.
(2) "Subdivider" has the meaning assigned by Section 232.021.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71 st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989; Acts 1989, 71 st Leg., ch.
624, § 3.01, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1062, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 62, § 18.34, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch.
404, § 2, eff. Sept. 1, 1999.
§ 212.013. Vacating Plat
(a) The proprietors of the tract covered by a plat may vacate the plat at any time before
any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring
the plat vacated is approved and recorded in the manner prescribed for the original plat.
(b) If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on
the application of all the owners of lots in the plat with approval obtained in the manner
prescribed for the original plat.
(c) The county clerk shall write legibly on the vacated plat the word "Vacated" and shall
enter on the plat a reference to the volume and page at which the vacating instrument is
recorded.
(d) On the execution and recording of the vacating instrument, the vacated plat has no
effect.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 212.014. Replatting Without Vacating Preceding Plat
A replat of a subdivision or part of a subdivision may be recorded and is controlling over the
preceding plat without vacation of that plat if the replat:
(1) is signed and acknowledged by only the owners of the property being replatted;
(2) is approved, after a public hearing on the matter at which parties in interest and
citizens have an opportunity to be heard, by the municipal authority responsible for approving
plats; and
(3) does not attempt to amend or remove any covenants or restrictions.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 212.0145. Replatting Without Vacating Preceding Plat: Certain Subdivisions
(a) A replat of a part of a subdivision may be recorded and is controlling over the
preceding plat without vacation of that plat if the replat:
(1) is signed and acknowledged by only the owners of the property being
replatted; and
(2) involves only property:
(A) of less than one acre that fronts an existing street; and
(B) that is owned and used by a nonprofit corporation established to assist
children in at-risk situations through volunteer and individualized attention.
(b) An existing covenant or restriction for property that is replatted under this section does
not have to be amended or removed if:
(1) the covenant or restriction was recorded more than 50 years before the date of
the replat; and
(2) the replatted property has been continuously used by the nonprofit corporation
for at least 10 years before the date of the replat.
(c) Sections 212.014 and 212.015 do not apply to a replat under this section.
Added by Acts 1999, 76th Leg., ch. 1130, § 1, eff. June 18, 1999.
§ 212.015. Additional Requirements for Certain Replats
(a) In addition to compliance with Section 212.014, a replat without vacation of the
preceding plat must conform to the requirements of this section if:
(1) during the preceding five years, any of the area to be replatted was limited by
an interim or permanent zoning classification to residential use for not more than two residential
units per lot; or
(2) any lot in the preceding plat was limited by deed restrictions to residential use
for not more than two residential units per lot.
(b) Notice of the hearing required under Section 212.014 shall be given before the 15th
day before the date of the hearing by:
(1) publication in an official newspaper or a newspaper of general circulation in the
county in which the municipality is located; and
(2) by written notice, with a copy of Subsection (c) attached, forwarded by the
municipal authority responsible for approving plats to the owners of lots that are in the original
subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most
recently approved municipal tax roll or in the case of a subdivision within the extraterritorial
jurisdiction, the most recently approved county tax roll of the property upon which the replat is
requested. The written notice may be delivered by depositing the notice, properly addressed
with postage prepaid, in a post office or postal depository within the boundaries of the
municipality.
(c) If the proposed replat requires a variance and is protested in accordance with this
subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at
least three-fourths of the members present of the municipal planning commission or governing
body, or both. For a legal protest, written instruments signed by the owners of at least 20
percent of the area of the lots or land immediately adjoining the area covered by the proposed
replat and extending 200 feet from that area, but within the original subdivision, must be filed
with the municipal planning commission or governing body, or both, prior to the close of the
public hearing.
(d) In computing the percentage of land area under Subsection (c), the area of streets
and alleys shall be included.
(e) Compliance with Subsections (c) and (d) is not required for approval of a replat of part
of a preceding plat if the area to be replatted was designated or reserved for other than single or
duplex family residential use by notation on the last legally recorded plat or in the legally
recorded restrictions applicable to the plat.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71 st Leg., ch.
345, 2 to 5, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 1046, § 3, eff. Aug. 30, 1993.
§ 212.016. Amending Plat
(a) The municipal authority responsible for approving plats may approve and issue an
amending plat, which may be recorded and is controlling over the preceding plat without
vacation of that plat, if the amending plat is signed by the applicants only and is solely for one or
more of the following purposes:
(1) to correct an error in a course or distance shown on the preceding plat;
(2) to add a course or distance that was omitted on the preceding plat;
(3) to correct an error in a real property description shown on the preceding plat;
(4) to indicate monuments set after the death, disability, or retirement from practice
of the engineer or surveyor responsible for setting monuments;
(5) to show the location or character of a monument that has been changed in
location or character or that is shown incorrectly as to location or character on the preceding
plat;
(6) to correct any other type of scrivener or clerical error or omission previously
approved by the municipal authority responsible for approving plats, including lot numbers,
acreage, street names, and identification of adjacent recorded plats;
(7) to correct an error in courses and distances of lot lines between two adjacent
lots if:
(A) both lot owners join in the application for amending the plat;
(B) neither lot is abolished;
(C) the amendment does not attempt to remove recorded covenants or
restrictions; and
(D) the amendment does not have a material adverse effect on the property
rights of the other owners in the plat;
(8) to relocate a lot line to eliminate an inadvertent encroachment of a building or
other improvement on a lot line or easement;
(9) to relocate one or more lot lines between one or more adjacent lots if:
(A) the owners of all those lots join in the application for amending the plat;
(B) the amendment does not attempt to remove recorded covenants or
restrictions; and
(C) the amendment does not increase the number of lots;
3*'/pt
3 -~u 03
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GARRETT ENGINEERING
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Zp; ~_.r;Z~o L~7~ ~~L~~ ~~o.~ Dares G~^/ ~ S~ / G'-3 •
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We Are Sending You : Ha=svith _ Uttctur S Cover Ilse i:'vilowing:
Copies owe Description
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Received
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R.W DUDLEY GENERAL CONTRACTORS
026942
CHECK DATE: 03/24/2003 CHECK NO: 26942
•
INV. DATE
DESCRIPTION
• AMOUNT
ADJUSTMENTS
NET AMOUNT
03-24-03
VENDOR •
03/24/2003
VEN
PARKLAND DED
DOR NAME
CATION 556.00
TOTAL GROSS
TOTAL ADJ.
556.00
TOTAL NET
00
556
CITYL
CITY OF CO
LLEGE STATION
f 556.0
0
.
03/24/2003 13:56 4093614487
BUDDY WINN
STATEMENT OF ACCOUNT
This L5 stateme,t or` taxes paid , due i,
Mtai7 200,73 based upon the tai; records cf
BRAZOS COUNTY TAX OP iCE
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VALUES
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48,520
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HSCapAd,j 21
PAID BILLS SUMMARY
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D12C P3T, ATT;
FEE PD
DATE PD
AMOUNT K10
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307, 26
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01/31/022
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UNPAID BILLS' :SUMMARY
RATIE
TAX DUE PEN &
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ATT FEE
AMOUNT DUE
DI.te fpt- Pr
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operty "R28554" if
Paid B
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FACE 1
PAGE 01
03/24/2003 13:56 4093614487 BUDDY WINN PAGE 02
1
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02/19/2005 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Bryan, Stacy & Dillard, L..L. P.
Attorneys at Law
,rravis !3. Bryan, III
Board Certified Criminal I.Hw
Texas Board I..cgal Specialization
Pierce I'. Stacy, III
Board Certified Conmiercitd Kcal E9ralc Law
Texas Board Lcgal Specialization
Jack W. IDillard
Board C:eriificd Civil Trial Law
Texas r3oHrd Legal Specialization
Craig M. Greavee
Allomcy
VIA FACSIMILE NO. 776-2235
February 13, 2003
Mr. Mark Dudley
R. M. Dudley Construction Company, Inc.
11370 State Highway 30
College Station, Texas 77845
RE: Waterline on easement over Koppc Bridge property on Highway 30
Dear Mark:
Post Office Boa 192
Bryan, Texas 77806
102 EasL 26th Street
Bryan, Testis 77803
Telephone: (979) 775-3900
Fax: (979) 775-2021
As you know, I represent Deiph Ross with respect to the above referenced matter. This is a
follow-up to our telephone conversation yesterday. I have spoken with Bret McCully with the City of
College Station. He informed me that as of this date, you do not have plans which have been approved
by the City for the laying of the line as you propose. Therefore, you have p outho rity to be&
construction of any sort on the easement.
1 understand from our conversation with Mr. McCully that an option for you to oonsider would
be to lay the line along the Pamela Road right-of-way. He indicated that he had suggested this
alternative. It appears that this would be less costly and obviously, cause less heartache or problems
for you as well as the Rosses. This option would allow you to avoid the cost associated with the
restoration of the Ross' property, both now and that may be necessary in the future. If is our concern
that any type of digging followed by attempted restoration of the parking lot will not solve the problem,
and there will be a need for additional restoration in the future- We hope that you will give strong
consideration to the Pamela Lane option. It is our understanding that your engineer is familiar with this
and that the City has provided you with comments concerning the same.
I assure you that Mr. Ross wants to resolve this amicably. However, you must recognize and
understand that at this time you do not have authority to begin digging on their property. I suggest that
we discuss this with Mr. McCully at the City of College Station and attempt to resolve this to the
satisfaction of all concerned.
2002
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Mr. Mark Dudley
February 13, 2003
Page 2
JWD/lp
& DILLARD, L.L.P.
Z003
xc: Mr. Delph Ross
Sincerely,
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Bryan, Stacy & Dillard, L. L. P.
Attorijeps at Lam,
Travis 0, Bryan, Ili
Board Certified Criminal ljaw
Texas Board 1,cgal Specialization
Pierce P. Stacy, III
Board Certified Commercial Kcal Estale Law
Texas Board Legal Specialization
Jack W. Dillard
Board Cerlificd Civil Trial Law
Texas Board Legal Specialization
Craig M. Greavcc
Allomcy
n4 FACSIMILE NO. 776-2235
February 13, 2003
Mr. Mark Dudley
R. M. Dudley Construction Company, Inc.
11370 State Highway 30
College Station, Texas 77845
RE: Waterline on casement over Koppe Bridge property on Highway 30
Dear Mark:
Post Office Box 192
Bryan, Texas 77806
102 East 26th Street
Bryan, Texas 77803
Telephone: (979) 775-39UU
Fax: (979) 775-2021
As you know, l represent Dolph Ross with respect to the above referenced matter. This is a
follow-up to our telephone conversation yesterday. I have spoken with Bret McCully with the City of
College Station. He informed me that as of this date, you do not have plans which have been approved
by the City for the laying of the line as you propose. Therefore, you have m authoft to begin
construction of any sort on the easement.
1 understand from our conversation with Mr. McCully that an option for you to oonsider would
be to lay the line along the Pamela Road right-of-way. He indicated that he had suggested this
alternative. It appears that this would be less costly and obviously, cause less heartache or problems
for you as well as the R.osses. This option would allow you to avoid the cost associated with the
restoration of the Ross' property, both now and that may be necessary in the future. It is our concern
that any type of digging followed by attempted restoration of the parking lot will not solve the problem,
and there will be a need for additional restoration in the future. We hope that you will give strong
consideration to the Pamela Lane option. It is our understanding that your engineer is familiar with this
and that the City has provided you with comments concerning the same.
I assure you that Mr. Ross wants to resolve this amicably. However, you must recognize and
understand that at this time you do not have authority to begin digging on their property. I suggest that
we discuss this with Mr. McCully at the City of College Station and attempt to resolve this to the
satisfaction of all concerned.
0002
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Mr. Mark Dudley
February 13, 2003
PW2
JWD/1p
AD, L.L.P.
Z003
xc: Mr. Delph Ross
Sincerely,
d4o.~I~IeqA
Texas Natural Resource Conservation Commission Page 47
Chapter 290 - Public Drinking Water
(i) Where a new potable waterline parallels an existing, non-pressure or
pressure rated wastewater main or lateral and the licensed professional engineer licensed in the State of
Texas is able to determine that the existing wastewater main or lateral is not leaking, the new potable
waterline shall be located at least two feet above the existing wastewater main or lateral, measured
vertically, and at least four feet away, measured horizontally, from the existing wastewater main or
lateral. Every effort shall be exerted not to disturb the bedding and backfill of the existing wastewater
main or lateral.
(ii) Where a new potable waterline parallels an existing pressure rated
wastewater main or lateral and it cannot be determined by the licensed professional engineer if the
existing line is leaking, the existing wastewater main or lateral shall be replaced with at least 150 psi
pressure rated pipe. The new potable waterline shall be located at least two feet above the new
wastewater line, measured vertically, and at least four feet away, measured horizontally, from the
replaced wastewater main or lateral.
(iii) Where a new potable waterline parallels a new wastewater main,
the wastewater main or lateral shall be constructed of at least 150 psi pressure rated pipe. The new
potable waterline shall be located at least two feet above the wastewater main or lateral, measured
vertically, and at least four feet away, measured horizontally, from the wastewater main or lateral.
(B) New Waterline Installation - Crossing Lines.
(i) Where a new potable waterline crosses an existing, non-pressure
rated wastewater main or lateral, one segment of the waterline pipe shall be centered over the
wastewater main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet
horizontally from the centerline of the wastewater main or lateral. The potable waterline shall be at least
two feet above the wastewater main or lateral. Whenever possible, the crossing shall be centered
between the joints of the wastewater main or lateral. If the existing wastewater main or lateral is
disturbed or shows signs of leaking, it shall be replaced for at least nine feet in both directions (18 feet
total) with at least 150 psi pressure rated pipe.
(ii) Where a new potable waterline crosses an existing, pressure rated
wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater
main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet horizontally
from the centerline of the wastewater main or lateral. The potable waterline shall be at least six inches
above the wastewater main or lateral. Whenever possible, the crossing shall be centered between the
joints of the wastewater main or lateral. If the existing wastewater main or lateral shows signs of leaking,
it shall be replaced for at least nine feet in both directions (18 feet total) with at least 150 psi pressure
rated pipe.
(iii) Where a new potable waterline crosses a new, non-pressure rated
wastewater main or lateral and the standard pipe segment length of the wastewater main or lateral is at
least 18 feet, one segment of the waterline pipe shall be centered over the wastewater main or lateral
such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the
Texas Natural Resource Conservation Commission
Chapter 290 - Public Drinking Water
Page 48
centerline of the wastewater main or lateral. The potable waterline shall be at least two feet above the
wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the
wastewater main or lateral. The wastewater pipe shall have a minimum pipe stiffness of 115 psi at 5.0%
deflection. The wastewater main or lateral shall be embedded in cement stabilized sand (see
§290.44(e)(4)(B)(vi) of this title) for the total length of one pipe segment plus 12 inches beyond the joint
on each end.
(iv) Where a new potable waterline crosses a new, non-pressure rated
wastewater main or lateral and a standard length of the wastewater pipe is less than 18 feet in length, the
potable water pipe segment shall be centered over the wastewater line. The materials and method of
installation shall conform with one of the following options:
(I) Within nine feet horizontally of either side of the waterline,
the wastewater pipe and joints shall be constructed with pipe material having a minimum pressure rating
of at least 150 psi. An absolute minimum vertical separation distance of two feet shall be provided. The
wastewater main or lateral shall be located below the waterline.
(II) All sections of wastewater main or lateral within nine feet
horizontally of the waterline shall be encased in an 18 foot (or longer) section of pipe. Flexible encasing
pipe shall have a minimum pipe stiffness of 115 psi at 5.0% deflection. The encasing pipe shall be
centered on the waterline and shall be at least two nominal pipe diameters larger than the wastewater
main or lateral. The space around the carrier pipe shall be supported at five-foot (or less) intervals with
spacers or be filled to the springline with washed sand. Each end of the casing shall be sealed with water
tight non-shrink cement grout or a manufactured water tight seal. An absolute minimum separation
distance of six inches between the encasement pipe and the waterline shall be provided. The wastewater
line shall be located below the waterline.
(III) When a new waterline crosses under a wastewater main
or lateral, the waterline shall be encased as described for wastewater mains or laterals in subclause (II)
of this clause or constructed of ductile iron or steel pipe with mechanical or welded joints as appropriate.
An absolute minimum separation distance of one foot between the water line and the wastewater main or
lateral shall be provided. Both the waterline and wastewater main or lateral must pass a pressure and
leakage test as specified in AWWA C600 standards.
(v) Where a new potable waterline crosses a new, pressure rated
wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater line
such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the
centerline of the wastewater main or lateral. The potable waterline shall be at least six inches above the
wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the
wastewater main or lateral. The wastewater pipe shall have a minimum pressure rating of at least 150
psi. The wastewater main or lateral shall be embedded in cement stabilized sand (see clause (vi) of this
subparagraph) for the total length of one pipe segment plus 12 inches beyond the joint on each end.
Texas Natural Resource Conservation Commission
Chapter 290 - Public Drinking Water
Page 49
(vi) Where cement stabilized sand bedding is required, the cement
stabilized sand shall have a minimum of 10% cement per cubic yard of cement stabilized sand mixture,
based on loose dry weight volume (at least 2.5 bags of cement per cubic yard of mixture). The cement
stabilized sand bedding shall be a minimum of six inches above and four inches below the wastewater
main or lateral. The use of brown coloring in cement stabilized sand for wastewater main or lateral
bedding is recommended for the identification of pressure rated wastewater mains during future
construction.
(5) Waterline and Wastewater Main or Lateral Manhole or Cleanout Separation. The
separation distance from a potable waterline to a wastewater main or lateral manhole or cleanout shall be
a minimum of nine feet. Where the nine-foot separation distance cannot be achieved, the potable
waterline shall be encased in a joint of at least 150 psi pressure class pipe at least 18 feet long and two
nominal sizes larger than the new conveyance. The space around the carrier pipe shall be supported at
five feet intervals with spacers or be filled to the spring line with washed sand. The encasement pipe
shall be centered on the crossing and both ends sealed with cement grout or manufactured sealant.
(6) Location of Fire Hydrants. Fire hydrants shall not be installed within nine feet
vertically or horizontally of any wastewater main, wastewater lateral or wastewater service line
regardless of construction.
(7) Location of Potable or Raw Water Supply or Suction Lines. Suction mains to
pumping equipment shall not cross wastewater mains, wastewater laterals or wastewater service lines.
Raw water supply lines shall not be installed within five feet of any file or concrete wastewater main,
wastewater lateral, or wastewater service line.
(8) Proximity of Septic Tank Drainfields. Waterlines shall not be installed closer than ten
feet to septic tank drainfields.
(f) Sanitary precautions and disinfection. Sanitary precautions, flushing, disinfection procedures
and microbiological sampling as prescribed in AWWA standards for disinfecting water mains shall be
followed in laying waterlines.
(1) Pipe shall not be laid in water or placed where it can be flooded with water or
sewage during its storage or installation.
(2) Special precautions must be taken when water lines are laid under any flowing or
intermittent stream or semipermanent body of water such as marsh, bay or estuary. In these cases, the
water main shall be installed in a separate watertight pipe encasement and valves must be provided on
each side of the crossing with facilities to allow the underwater portion of the system to be isolated and
tested to determine that there are no leaks in the underwater line. Alternately, and with the permission of
the executive director, the watertight pipe encasement may be omitted.
(3) New mains shall be thoroughly disinfected in accordance with AWWA Standard
C651 and then flushed and sampled before being placed in service. Samples shall be collected for
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v
HARVEY HILLSIDES ARCHITECTURAL CONTROL COMMITTEE
15 Ranchero Drive,
College Station, Tx
77845-9405
October 30, 2002
Messrs. Pat and Joe Marek
2112 Southwood Drive
College Station, 'T'exas 77840
Gentlemen:
The Harvey Hillsides Architectural Control Committee has reviewed
the plans and specifications for your Stop and Store Mini-Storage
facility at 3820 Harvey Road (Block 4 of the Harvey Hillsides
Addition).
The Committee approved your development with the following
contingencies:
a. To promote security, the rear gate to the facility will
be kept closed and securely locked except during actual use
by authorized personnel.
b. Exterior lighting will be directed inward at the rear
and sides of the property to avoid creating a nighttime nuisance
to neighboring dwellings and businesses. There will be no
lighting on poles.
C. Because of the flooding experienced in the past, the
Committee requests a letter from a registered civil engineer
stating that the surface water flow from the property following
completion of the project will not exceed the flow prior to
the land being developed. We further request this letter be
received by the Committee prior to the start of construction.
The Committee welcomes you to the Harvey Hillsides Community
and extends best wishes for successful completion of your
development.
FOR THE COMMITTEE:
John R. Vilas
\ Chairman
CF: /City of Colleqe Station Development Services
Committee members
(2) a notarized affidavit by the person requesting service that states that the
property was sold or conveyed to that person before September 1, 1995, and that construction
of a residence on the land, evidenced by at least the existence of a completed foundation, was
begun on or before May 1, 1997.
(f) A person requesting service may obtain a certificate under Subsection (c)(4)(B) only if
the person provides to the municipal authority responsible for approving plats an affidavit that
states that the property was not sold or conveyed to that person from a subdivider or the
subdivider's agent after September 1, 1995.
(g) On request, the municipal authority responsible for approving plats shall provide to the
attorney general and any appropriate local, county, or state law enforcement official a copy of
any document on which the municipal authority relied in determining the legality of providing
service.
(h) This section may not be construed to abrogate any civil or criminal proceeding or
prosecution or to waive any penalty against a subdivider for a violation of a state or local law,
regardless of the date on which the violation occurred.
(i) In this section:
(1) "Foundation" means the lowest division of a residence, usually consisting of a
masonry slab or a pier and beam structure, that is partly or wholly below the surface of the
ground and on which the residential structure rests.
(2) "Subdivider" has the meaning assigned by Section 232.021.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71 st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989; Acts 1989, 71 st Leg., ch.
624, § 3.01, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1062, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 62, § 18.34, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch.
404, § 2, eff. Sept. 1, 1999.
§ 212.013. Vacating Plat
(a) The proprietors of the tract covered by a plat may vacate the plat at any time before
any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring
the plat vacated is approved and recorded in the manner prescribed for the original plat.
(b) If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on
the application of all the owners of lots in the plat with approval obtained in the manner
prescribed for the original plat.
(c) The county clerk shall write legibly on the vacated plat the word "Vacated" and shall
enter on the plat a reference to the volume and page at which the vacating instrument is
recorded.
(d) On the execution and recording of the vacating instrument, the vacated plat has no
effect.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 212.014. Replatting Without Vacating Preceding Plat
A replat of a subdivision or part of a subdivision may be recorded and is controlling over the
preceding plat without vacation of that plat if the replat:
(1) is signed and acknowledged by only the owners of the property being replatted;
(2) is approved, after a public hearing on the matter at which parties in interest and
citizens have an opportunity to be heard, by the municipal authority responsible for approving
plats; and
(3) does not attempt to amend or remove any covenants or restrictions.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 212.0145. Replatting Without Vacating Preceding Plat: Certain Subdivisions
(a) A replat of a part of a subdivision may be recorded and is controlling over the
preceding plat without vacation of that plat if the replat:
(1) is signed and acknowledged by only the owners of the property being
replatted; and
(2) involves only property:
(A) of less than one acre that fronts an existing street; and
(B) that is owned and used by a nonprofit corporation established to assist
children in at-risk situations through volunteer and individualized attention.
(b) An existing covenant or restriction for property that is replatted under this section does
not have to be amended or removed if:
(1) the covenant or restriction was recorded more than 50 years before the date of
the replat; and
(2) the replatted property has been continuously used by the nonprofit corporation
for at least 10 years before the date of the replat.
(c) Sections 212.014 and 212.015 do not apply to a replat under this section.
Added by Acts 1999, 76th Leg., ch. 1130, § 1, eff. June 18, 1999.
§ 212.015. Additional Requirements for Certain Replats
(a) In addition to compliance with Section 212.014, a replat without vacation of the
preceding plat must conform to the requirements of this section if:
(1) during the preceding five years, any of the area to be replatted was limited by
an interim or permanent zoning classification to residential use for not more than two residential
units per lot; or
(2) any lot in the preceding plat was limited by deed restrictions to residential use
for not more than two residential units per lot.
(b) Notice of the hearing required under Section 212.014 shall be given before the 15th
day before the date of the hearing by:
(1) publication in an official newspaper or a newspaper of general circulation in the
county in which the municipality is located; and
(2) by written notice, with a copy of Subsection (c) attached, forwarded by the
municipal authority responsible for approving plats to the owners of lots that are in the original
subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most
recently approved municipal tax roll or in the case of a subdivision within the extraterritorial
jurisdiction, the most recently approved county tax roll of the property upon which the replat is
requested. The written notice may be delivered by depositing the notice, properly addressed
with postage prepaid, in a post office or postal depository within the boundaries of the
municipality.
(c) If the proposed replat requires a variance and is protested in accordance with this
subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at
least three-fourths of the members present of the municipal planning commission or governing
body, or both. For a legal protest, written instruments signed by the owners of at least 20
percent of the area of the lots or land immediately adjoining the area covered by the proposed
replat and extending 200 feet from that area, but within the original subdivision, must be filed
with the municipal planning commission or governing body, or both, prior to the close of the
public hearing.
(d) In computing the percentage of land area under Subsection (c), the area of streets
and alleys shall be included.
(e) Compliance with Subsections (c) and (d) is not required for approval of a replat of part
of a preceding plat if the area to be replatted was designated or reserved for other than single or
duplex family residential use by notation on the last legally recorded plat or in the legally
recorded restrictions applicable to the plat.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71 st Leg., ch.
345, 2 to 5, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 1046, § 3, eff. Aug. 30, 1993.
§ 212.016. Amending Plat
(a) The municipal authority responsible for approving plats may approve and issue an
amending plat, which may be recorded and is controlling over the preceding plat without
vacation of that plat, if the amending plat is signed by the applicants only and is solely for one or
more of the following purposes:
(1) to correct an error in a course or distance shown on the preceding plat;
(2) to add a course or distance that was omitted on the preceding plat;
(3) to correct an error in a real property description shown on the preceding plat;
(4) to indicate monuments set after the death, disability, or retirement from practice
of the engineer or surveyor responsible for setting monuments;
(5) to show the location or character of a monument that has been changed in
location or character or that is shown incorrectly as to location or character on the preceding
plat;
(6) to correct any other type of scrivener or clerical error or omission previously
approved by the municipal authority responsible for approving plats, including lot numbers,
acreage, street names, and identification of adjacent recorded plats;
(7) to correct an error in courses and distances of lot lines between two adjacent
lots if:
(A) both lot owners join in the application for amending the plat;
(B) neither lot is abolished;
(C) the amendment does not attempt to remove recorded covenants or
restrictions; and
(D) the amendment does not have a material adverse effect on the property
rights of the other owners in the plat;
(8) to relocate a lot line to eliminate an inadvertent encroachment of a building or
other improvement on a lot line or easement;
(9) to relocate one or more lot lines between one or more adjacent lots if:
(A) the owners of all those lots join in the application for amending the plat;
(B) the amendment does not attempt to remove recorded covenants or
restrictions; and
(C) the amendment does not increase the number of lots;
3*'/pt
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GARRETT ENGINEERING
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R.W DUDLEY GENERAL CONTRACTORS
026942
CHECK DATE: 03/24/2003 CHECK NO: 26942
•
INV. DATE
DESCRIPTION
• AMOUNT
ADJUSTMENTS
NET AMOUNT
03-24-03
VENDOR •
03/24/2003
VEN
PARKLAND DED
DOR NAME
CATION 556.00
TOTAL GROSS
TOTAL ADJ.
556.00
TOTAL NET
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CITYL
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03/24/2003 13:56 4093614487
BUDDY WINN
STATEMENT OF ACCOUNT
This L5 stateme,t or` taxes paid , due i,
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BRAZOS COUNTY TAX OP iCE
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VALUES
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PAID BILLS SUMMARY
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UNPAID BILLS' :SUMMARY
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PAGE 01
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02/19/2005 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Bryan, Stacy & Dillard, L..L. P.
Attorneys at Law
,rravis !3. Bryan, III
Board Certified Criminal I.Hw
Texas Board I..cgal Specialization
Pierce I'. Stacy, III
Board Certified Conmiercitd Kcal E9ralc Law
Texas Board Lcgal Specialization
Jack W. IDillard
Board C:eriificd Civil Trial Law
Texas r3oHrd Legal Specialization
Craig M. Greavee
Allomcy
VIA FACSIMILE NO. 776-2235
February 13, 2003
Mr. Mark Dudley
R. M. Dudley Construction Company, Inc.
11370 State Highway 30
College Station, Texas 77845
RE: Waterline on easement over Koppc Bridge property on Highway 30
Dear Mark:
Post Office Boa 192
Bryan, Texas 77806
102 EasL 26th Street
Bryan, Testis 77803
Telephone: (979) 775-3900
Fax: (979) 775-2021
As you know, I represent Deiph Ross with respect to the above referenced matter. This is a
follow-up to our telephone conversation yesterday. I have spoken with Bret McCully with the City of
College Station. He informed me that as of this date, you do not have plans which have been approved
by the City for the laying of the line as you propose. Therefore, you have p outho rity to be&
construction of any sort on the easement.
1 understand from our conversation with Mr. McCully that an option for you to oonsider would
be to lay the line along the Pamela Road right-of-way. He indicated that he had suggested this
alternative. It appears that this would be less costly and obviously, cause less heartache or problems
for you as well as the Rosses. This option would allow you to avoid the cost associated with the
restoration of the Ross' property, both now and that may be necessary in the future. If is our concern
that any type of digging followed by attempted restoration of the parking lot will not solve the problem,
and there will be a need for additional restoration in the future- We hope that you will give strong
consideration to the Pamela Lane option. It is our understanding that your engineer is familiar with this
and that the City has provided you with comments concerning the same.
I assure you that Mr. Ross wants to resolve this amicably. However, you must recognize and
understand that at this time you do not have authority to begin digging on their property. I suggest that
we discuss this with Mr. McCully at the City of College Station and attempt to resolve this to the
satisfaction of all concerned.
2002
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Mr. Mark Dudley
February 13, 2003
Page 2
JWD/lp
& DILLARD, L.L.P.
Z003
xc: Mr. Delph Ross
Sincerely,
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Bryan, Stacy & Dillard, L. L. P.
Attorijeps at Lam,
Travis 0, Bryan, Ili
Board Certified Criminal ljaw
Texas Board 1,cgal Specialization
Pierce P. Stacy, III
Board Certified Commercial Kcal Estale Law
Texas Board Legal Specialization
Jack W. Dillard
Board Cerlificd Civil Trial Law
Texas Board Legal Specialization
Craig M. Greavcc
Allomcy
n4 FACSIMILE NO. 776-2235
February 13, 2003
Mr. Mark Dudley
R. M. Dudley Construction Company, Inc.
11370 State Highway 30
College Station, Texas 77845
RE: Waterline on casement over Koppe Bridge property on Highway 30
Dear Mark:
Post Office Box 192
Bryan, Texas 77806
102 East 26th Street
Bryan, Texas 77803
Telephone: (979) 775-39UU
Fax: (979) 775-2021
As you know, l represent Dolph Ross with respect to the above referenced matter. This is a
follow-up to our telephone conversation yesterday. I have spoken with Bret McCully with the City of
College Station. He informed me that as of this date, you do not have plans which have been approved
by the City for the laying of the line as you propose. Therefore, you have m authoft to begin
construction of any sort on the easement.
1 understand from our conversation with Mr. McCully that an option for you to oonsider would
be to lay the line along the Pamela Road right-of-way. He indicated that he had suggested this
alternative. It appears that this would be less costly and obviously, cause less heartache or problems
for you as well as the R.osses. This option would allow you to avoid the cost associated with the
restoration of the Ross' property, both now and that may be necessary in the future. It is our concern
that any type of digging followed by attempted restoration of the parking lot will not solve the problem,
and there will be a need for additional restoration in the future. We hope that you will give strong
consideration to the Pamela Lane option. It is our understanding that your engineer is familiar with this
and that the City has provided you with comments concerning the same.
I assure you that Mr. Ross wants to resolve this amicably. However, you must recognize and
understand that at this time you do not have authority to begin digging on their property. I suggest that
we discuss this with Mr. McCully at the City of College Station and attempt to resolve this to the
satisfaction of all concerned.
0002
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Mr. Mark Dudley
February 13, 2003
PW2
JWD/1p
AD, L.L.P.
Z003
xc: Mr. Delph Ross
Sincerely,
d4o.~I~IeqA
Texas Natural Resource Conservation Commission Page 47
Chapter 290 - Public Drinking Water
(i) Where a new potable waterline parallels an existing, non-pressure or
pressure rated wastewater main or lateral and the licensed professional engineer licensed in the State of
Texas is able to determine that the existing wastewater main or lateral is not leaking, the new potable
waterline shall be located at least two feet above the existing wastewater main or lateral, measured
vertically, and at least four feet away, measured horizontally, from the existing wastewater main or
lateral. Every effort shall be exerted not to disturb the bedding and backfill of the existing wastewater
main or lateral.
(ii) Where a new potable waterline parallels an existing pressure rated
wastewater main or lateral and it cannot be determined by the licensed professional engineer if the
existing line is leaking, the existing wastewater main or lateral shall be replaced with at least 150 psi
pressure rated pipe. The new potable waterline shall be located at least two feet above the new
wastewater line, measured vertically, and at least four feet away, measured horizontally, from the
replaced wastewater main or lateral.
(iii) Where a new potable waterline parallels a new wastewater main,
the wastewater main or lateral shall be constructed of at least 150 psi pressure rated pipe. The new
potable waterline shall be located at least two feet above the wastewater main or lateral, measured
vertically, and at least four feet away, measured horizontally, from the wastewater main or lateral.
(B) New Waterline Installation - Crossing Lines.
(i) Where a new potable waterline crosses an existing, non-pressure
rated wastewater main or lateral, one segment of the waterline pipe shall be centered over the
wastewater main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet
horizontally from the centerline of the wastewater main or lateral. The potable waterline shall be at least
two feet above the wastewater main or lateral. Whenever possible, the crossing shall be centered
between the joints of the wastewater main or lateral. If the existing wastewater main or lateral is
disturbed or shows signs of leaking, it shall be replaced for at least nine feet in both directions (18 feet
total) with at least 150 psi pressure rated pipe.
(ii) Where a new potable waterline crosses an existing, pressure rated
wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater
main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet horizontally
from the centerline of the wastewater main or lateral. The potable waterline shall be at least six inches
above the wastewater main or lateral. Whenever possible, the crossing shall be centered between the
joints of the wastewater main or lateral. If the existing wastewater main or lateral shows signs of leaking,
it shall be replaced for at least nine feet in both directions (18 feet total) with at least 150 psi pressure
rated pipe.
(iii) Where a new potable waterline crosses a new, non-pressure rated
wastewater main or lateral and the standard pipe segment length of the wastewater main or lateral is at
least 18 feet, one segment of the waterline pipe shall be centered over the wastewater main or lateral
such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the
Texas Natural Resource Conservation Commission
Chapter 290 - Public Drinking Water
Page 48
centerline of the wastewater main or lateral. The potable waterline shall be at least two feet above the
wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the
wastewater main or lateral. The wastewater pipe shall have a minimum pipe stiffness of 115 psi at 5.0%
deflection. The wastewater main or lateral shall be embedded in cement stabilized sand (see
§290.44(e)(4)(B)(vi) of this title) for the total length of one pipe segment plus 12 inches beyond the joint
on each end.
(iv) Where a new potable waterline crosses a new, non-pressure rated
wastewater main or lateral and a standard length of the wastewater pipe is less than 18 feet in length, the
potable water pipe segment shall be centered over the wastewater line. The materials and method of
installation shall conform with one of the following options:
(I) Within nine feet horizontally of either side of the waterline,
the wastewater pipe and joints shall be constructed with pipe material having a minimum pressure rating
of at least 150 psi. An absolute minimum vertical separation distance of two feet shall be provided. The
wastewater main or lateral shall be located below the waterline.
(II) All sections of wastewater main or lateral within nine feet
horizontally of the waterline shall be encased in an 18 foot (or longer) section of pipe. Flexible encasing
pipe shall have a minimum pipe stiffness of 115 psi at 5.0% deflection. The encasing pipe shall be
centered on the waterline and shall be at least two nominal pipe diameters larger than the wastewater
main or lateral. The space around the carrier pipe shall be supported at five-foot (or less) intervals with
spacers or be filled to the springline with washed sand. Each end of the casing shall be sealed with water
tight non-shrink cement grout or a manufactured water tight seal. An absolute minimum separation
distance of six inches between the encasement pipe and the waterline shall be provided. The wastewater
line shall be located below the waterline.
(III) When a new waterline crosses under a wastewater main
or lateral, the waterline shall be encased as described for wastewater mains or laterals in subclause (II)
of this clause or constructed of ductile iron or steel pipe with mechanical or welded joints as appropriate.
An absolute minimum separation distance of one foot between the water line and the wastewater main or
lateral shall be provided. Both the waterline and wastewater main or lateral must pass a pressure and
leakage test as specified in AWWA C600 standards.
(v) Where a new potable waterline crosses a new, pressure rated
wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater line
such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the
centerline of the wastewater main or lateral. The potable waterline shall be at least six inches above the
wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the
wastewater main or lateral. The wastewater pipe shall have a minimum pressure rating of at least 150
psi. The wastewater main or lateral shall be embedded in cement stabilized sand (see clause (vi) of this
subparagraph) for the total length of one pipe segment plus 12 inches beyond the joint on each end.
Texas Natural Resource Conservation Commission
Chapter 290 - Public Drinking Water
Page 49
(vi) Where cement stabilized sand bedding is required, the cement
stabilized sand shall have a minimum of 10% cement per cubic yard of cement stabilized sand mixture,
based on loose dry weight volume (at least 2.5 bags of cement per cubic yard of mixture). The cement
stabilized sand bedding shall be a minimum of six inches above and four inches below the wastewater
main or lateral. The use of brown coloring in cement stabilized sand for wastewater main or lateral
bedding is recommended for the identification of pressure rated wastewater mains during future
construction.
(5) Waterline and Wastewater Main or Lateral Manhole or Cleanout Separation. The
separation distance from a potable waterline to a wastewater main or lateral manhole or cleanout shall be
a minimum of nine feet. Where the nine-foot separation distance cannot be achieved, the potable
waterline shall be encased in a joint of at least 150 psi pressure class pipe at least 18 feet long and two
nominal sizes larger than the new conveyance. The space around the carrier pipe shall be supported at
five feet intervals with spacers or be filled to the spring line with washed sand. The encasement pipe
shall be centered on the crossing and both ends sealed with cement grout or manufactured sealant.
(6) Location of Fire Hydrants. Fire hydrants shall not be installed within nine feet
vertically or horizontally of any wastewater main, wastewater lateral or wastewater service line
regardless of construction.
(7) Location of Potable or Raw Water Supply or Suction Lines. Suction mains to
pumping equipment shall not cross wastewater mains, wastewater laterals or wastewater service lines.
Raw water supply lines shall not be installed within five feet of any file or concrete wastewater main,
wastewater lateral, or wastewater service line.
(8) Proximity of Septic Tank Drainfields. Waterlines shall not be installed closer than ten
feet to septic tank drainfields.
(f) Sanitary precautions and disinfection. Sanitary precautions, flushing, disinfection procedures
and microbiological sampling as prescribed in AWWA standards for disinfecting water mains shall be
followed in laying waterlines.
(1) Pipe shall not be laid in water or placed where it can be flooded with water or
sewage during its storage or installation.
(2) Special precautions must be taken when water lines are laid under any flowing or
intermittent stream or semipermanent body of water such as marsh, bay or estuary. In these cases, the
water main shall be installed in a separate watertight pipe encasement and valves must be provided on
each side of the crossing with facilities to allow the underwater portion of the system to be isolated and
tested to determine that there are no leaks in the underwater line. Alternately, and with the permission of
the executive director, the watertight pipe encasement may be omitted.
(3) New mains shall be thoroughly disinfected in accordance with AWWA Standard
C651 and then flushed and sampled before being placed in service. Samples shall be collected for
.E i zov~d
gall
gdt
v
HARVEY HILLSIDES ARCHITECTURAL CONTROL COMMITTEE
15 Ranchero Drive,
College Station, Tx
77845-9405
October 30, 2002
Messrs. Pat and Joe Marek
2112 Southwood Drive
College Station, 'T'exas 77840
Gentlemen:
The Harvey Hillsides Architectural Control Committee has reviewed
the plans and specifications for your Stop and Store Mini-Storage
facility at 3820 Harvey Road (Block 4 of the Harvey Hillsides
Addition).
The Committee approved your development with the following
contingencies:
a. To promote security, the rear gate to the facility will
be kept closed and securely locked except during actual use
by authorized personnel.
b. Exterior lighting will be directed inward at the rear
and sides of the property to avoid creating a nighttime nuisance
to neighboring dwellings and businesses. There will be no
lighting on poles.
C. Because of the flooding experienced in the past, the
Committee requests a letter from a registered civil engineer
stating that the surface water flow from the property following
completion of the project will not exceed the flow prior to
the land being developed. We further request this letter be
received by the Committee prior to the start of construction.
The Committee welcomes you to the Harvey Hillsides Community
and extends best wishes for successful completion of your
development.
FOR THE COMMITTEE:
John R. Vilas
\ Chairman
CF: /City of Colleqe Station Development Services
Committee members
(2) a notarized affidavit by the person requesting service that states that the
property was sold or conveyed to that person before September 1, 1995, and that construction
of a residence on the land, evidenced by at least the existence of a completed foundation, was
begun on or before May 1, 1997.
(f) A person requesting service may obtain a certificate under Subsection (c)(4)(B) only if
the person provides to the municipal authority responsible for approving plats an affidavit that
states that the property was not sold or conveyed to that person from a subdivider or the
subdivider's agent after September 1, 1995.
(g) On request, the municipal authority responsible for approving plats shall provide to the
attorney general and any appropriate local, county, or state law enforcement official a copy of
any document on which the municipal authority relied in determining the legality of providing
service.
(h) This section may not be construed to abrogate any civil or criminal proceeding or
prosecution or to waive any penalty against a subdivider for a violation of a state or local law,
regardless of the date on which the violation occurred.
(i) In this section:
(1) "Foundation" means the lowest division of a residence, usually consisting of a
masonry slab or a pier and beam structure, that is partly or wholly below the surface of the
ground and on which the residential structure rests.
(2) "Subdivider" has the meaning assigned by Section 232.021.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71 st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989; Acts 1989, 71 st Leg., ch.
624, § 3.01, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1062, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 62, § 18.34, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch.
404, § 2, eff. Sept. 1, 1999.
§ 212.013. Vacating Plat
(a) The proprietors of the tract covered by a plat may vacate the plat at any time before
any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring
the plat vacated is approved and recorded in the manner prescribed for the original plat.
(b) If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on
the application of all the owners of lots in the plat with approval obtained in the manner
prescribed for the original plat.
(c) The county clerk shall write legibly on the vacated plat the word "Vacated" and shall
enter on the plat a reference to the volume and page at which the vacating instrument is
recorded.
(d) On the execution and recording of the vacating instrument, the vacated plat has no
effect.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 212.014. Replatting Without Vacating Preceding Plat
A replat of a subdivision or part of a subdivision may be recorded and is controlling over the
preceding plat without vacation of that plat if the replat:
(1) is signed and acknowledged by only the owners of the property being replatted;
(2) is approved, after a public hearing on the matter at which parties in interest and
citizens have an opportunity to be heard, by the municipal authority responsible for approving
plats; and
(3) does not attempt to amend or remove any covenants or restrictions.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 212.0145. Replatting Without Vacating Preceding Plat: Certain Subdivisions
(a) A replat of a part of a subdivision may be recorded and is controlling over the
preceding plat without vacation of that plat if the replat:
(1) is signed and acknowledged by only the owners of the property being
replatted; and
(2) involves only property:
(A) of less than one acre that fronts an existing street; and
(B) that is owned and used by a nonprofit corporation established to assist
children in at-risk situations through volunteer and individualized attention.
(b) An existing covenant or restriction for property that is replatted under this section does
not have to be amended or removed if:
(1) the covenant or restriction was recorded more than 50 years before the date of
the replat; and
(2) the replatted property has been continuously used by the nonprofit corporation
for at least 10 years before the date of the replat.
(c) Sections 212.014 and 212.015 do not apply to a replat under this section.
Added by Acts 1999, 76th Leg., ch. 1130, § 1, eff. June 18, 1999.
§ 212.015. Additional Requirements for Certain Replats
(a) In addition to compliance with Section 212.014, a replat without vacation of the
preceding plat must conform to the requirements of this section if:
(1) during the preceding five years, any of the area to be replatted was limited by
an interim or permanent zoning classification to residential use for not more than two residential
units per lot; or
(2) any lot in the preceding plat was limited by deed restrictions to residential use
for not more than two residential units per lot.
(b) Notice of the hearing required under Section 212.014 shall be given before the 15th
day before the date of the hearing by:
(1) publication in an official newspaper or a newspaper of general circulation in the
county in which the municipality is located; and
(2) by written notice, with a copy of Subsection (c) attached, forwarded by the
municipal authority responsible for approving plats to the owners of lots that are in the original
subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most
recently approved municipal tax roll or in the case of a subdivision within the extraterritorial
jurisdiction, the most recently approved county tax roll of the property upon which the replat is
requested. The written notice may be delivered by depositing the notice, properly addressed
with postage prepaid, in a post office or postal depository within the boundaries of the
municipality.
(c) If the proposed replat requires a variance and is protested in accordance with this
subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at
least three-fourths of the members present of the municipal planning commission or governing
body, or both. For a legal protest, written instruments signed by the owners of at least 20
percent of the area of the lots or land immediately adjoining the area covered by the proposed
replat and extending 200 feet from that area, but within the original subdivision, must be filed
with the municipal planning commission or governing body, or both, prior to the close of the
public hearing.
(d) In computing the percentage of land area under Subsection (c), the area of streets
and alleys shall be included.
(e) Compliance with Subsections (c) and (d) is not required for approval of a replat of part
of a preceding plat if the area to be replatted was designated or reserved for other than single or
duplex family residential use by notation on the last legally recorded plat or in the legally
recorded restrictions applicable to the plat.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71 st Leg., ch.
345, 2 to 5, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 1046, § 3, eff. Aug. 30, 1993.
§ 212.016. Amending Plat
(a) The municipal authority responsible for approving plats may approve and issue an
amending plat, which may be recorded and is controlling over the preceding plat without
vacation of that plat, if the amending plat is signed by the applicants only and is solely for one or
more of the following purposes:
(1) to correct an error in a course or distance shown on the preceding plat;
(2) to add a course or distance that was omitted on the preceding plat;
(3) to correct an error in a real property description shown on the preceding plat;
(4) to indicate monuments set after the death, disability, or retirement from practice
of the engineer or surveyor responsible for setting monuments;
(5) to show the location or character of a monument that has been changed in
location or character or that is shown incorrectly as to location or character on the preceding
plat;
(6) to correct any other type of scrivener or clerical error or omission previously
approved by the municipal authority responsible for approving plats, including lot numbers,
acreage, street names, and identification of adjacent recorded plats;
(7) to correct an error in courses and distances of lot lines between two adjacent
lots if:
(A) both lot owners join in the application for amending the plat;
(B) neither lot is abolished;
(C) the amendment does not attempt to remove recorded covenants or
restrictions; and
(D) the amendment does not have a material adverse effect on the property
rights of the other owners in the plat;
(8) to relocate a lot line to eliminate an inadvertent encroachment of a building or
other improvement on a lot line or easement;
(9) to relocate one or more lot lines between one or more adjacent lots if:
(A) the owners of all those lots join in the application for amending the plat;
(B) the amendment does not attempt to remove recorded covenants or
restrictions; and
(C) the amendment does not increase the number of lots;
3*'/pt
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026942
CHECK DATE: 03/24/2003 CHECK NO: 26942
•
INV. DATE
DESCRIPTION
• AMOUNT
ADJUSTMENTS
NET AMOUNT
03-24-03
VENDOR •
03/24/2003
VEN
PARKLAND DED
DOR NAME
CATION 556.00
TOTAL GROSS
TOTAL ADJ.
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03/24/2003 13:56 4093614487
BUDDY WINN
STATEMENT OF ACCOUNT
This L5 stateme,t or` taxes paid , due i,
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02/19/2005 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Bryan, Stacy & Dillard, L..L. P.
Attorneys at Law
,rravis !3. Bryan, III
Board Certified Criminal I.Hw
Texas Board I..cgal Specialization
Pierce I'. Stacy, III
Board Certified Conmiercitd Kcal E9ralc Law
Texas Board Lcgal Specialization
Jack W. IDillard
Board C:eriificd Civil Trial Law
Texas r3oHrd Legal Specialization
Craig M. Greavee
Allomcy
VIA FACSIMILE NO. 776-2235
February 13, 2003
Mr. Mark Dudley
R. M. Dudley Construction Company, Inc.
11370 State Highway 30
College Station, Texas 77845
RE: Waterline on easement over Koppc Bridge property on Highway 30
Dear Mark:
Post Office Boa 192
Bryan, Texas 77806
102 EasL 26th Street
Bryan, Testis 77803
Telephone: (979) 775-3900
Fax: (979) 775-2021
As you know, I represent Deiph Ross with respect to the above referenced matter. This is a
follow-up to our telephone conversation yesterday. I have spoken with Bret McCully with the City of
College Station. He informed me that as of this date, you do not have plans which have been approved
by the City for the laying of the line as you propose. Therefore, you have p outho rity to be&
construction of any sort on the easement.
1 understand from our conversation with Mr. McCully that an option for you to oonsider would
be to lay the line along the Pamela Road right-of-way. He indicated that he had suggested this
alternative. It appears that this would be less costly and obviously, cause less heartache or problems
for you as well as the Rosses. This option would allow you to avoid the cost associated with the
restoration of the Ross' property, both now and that may be necessary in the future. If is our concern
that any type of digging followed by attempted restoration of the parking lot will not solve the problem,
and there will be a need for additional restoration in the future- We hope that you will give strong
consideration to the Pamela Lane option. It is our understanding that your engineer is familiar with this
and that the City has provided you with comments concerning the same.
I assure you that Mr. Ross wants to resolve this amicably. However, you must recognize and
understand that at this time you do not have authority to begin digging on their property. I suggest that
we discuss this with Mr. McCully at the City of College Station and attempt to resolve this to the
satisfaction of all concerned.
2002
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Mr. Mark Dudley
February 13, 2003
Page 2
JWD/lp
& DILLARD, L.L.P.
Z003
xc: Mr. Delph Ross
Sincerely,
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Bryan, Stacy & Dillard, L. L. P.
Attorijeps at Lam,
Travis 0, Bryan, Ili
Board Certified Criminal ljaw
Texas Board 1,cgal Specialization
Pierce P. Stacy, III
Board Certified Commercial Kcal Estale Law
Texas Board Legal Specialization
Jack W. Dillard
Board Cerlificd Civil Trial Law
Texas Board Legal Specialization
Craig M. Greavcc
Allomcy
n4 FACSIMILE NO. 776-2235
February 13, 2003
Mr. Mark Dudley
R. M. Dudley Construction Company, Inc.
11370 State Highway 30
College Station, Texas 77845
RE: Waterline on casement over Koppe Bridge property on Highway 30
Dear Mark:
Post Office Box 192
Bryan, Texas 77806
102 East 26th Street
Bryan, Texas 77803
Telephone: (979) 775-39UU
Fax: (979) 775-2021
As you know, l represent Dolph Ross with respect to the above referenced matter. This is a
follow-up to our telephone conversation yesterday. I have spoken with Bret McCully with the City of
College Station. He informed me that as of this date, you do not have plans which have been approved
by the City for the laying of the line as you propose. Therefore, you have m authoft to begin
construction of any sort on the easement.
1 understand from our conversation with Mr. McCully that an option for you to oonsider would
be to lay the line along the Pamela Road right-of-way. He indicated that he had suggested this
alternative. It appears that this would be less costly and obviously, cause less heartache or problems
for you as well as the R.osses. This option would allow you to avoid the cost associated with the
restoration of the Ross' property, both now and that may be necessary in the future. It is our concern
that any type of digging followed by attempted restoration of the parking lot will not solve the problem,
and there will be a need for additional restoration in the future. We hope that you will give strong
consideration to the Pamela Lane option. It is our understanding that your engineer is familiar with this
and that the City has provided you with comments concerning the same.
I assure you that Mr. Ross wants to resolve this amicably. However, you must recognize and
understand that at this time you do not have authority to begin digging on their property. I suggest that
we discuss this with Mr. McCully at the City of College Station and attempt to resolve this to the
satisfaction of all concerned.
0002
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Mr. Mark Dudley
February 13, 2003
PW2
JWD/1p
AD, L.L.P.
Z003
xc: Mr. Delph Ross
Sincerely,
d4o.~I~IeqA
Texas Natural Resource Conservation Commission Page 47
Chapter 290 - Public Drinking Water
(i) Where a new potable waterline parallels an existing, non-pressure or
pressure rated wastewater main or lateral and the licensed professional engineer licensed in the State of
Texas is able to determine that the existing wastewater main or lateral is not leaking, the new potable
waterline shall be located at least two feet above the existing wastewater main or lateral, measured
vertically, and at least four feet away, measured horizontally, from the existing wastewater main or
lateral. Every effort shall be exerted not to disturb the bedding and backfill of the existing wastewater
main or lateral.
(ii) Where a new potable waterline parallels an existing pressure rated
wastewater main or lateral and it cannot be determined by the licensed professional engineer if the
existing line is leaking, the existing wastewater main or lateral shall be replaced with at least 150 psi
pressure rated pipe. The new potable waterline shall be located at least two feet above the new
wastewater line, measured vertically, and at least four feet away, measured horizontally, from the
replaced wastewater main or lateral.
(iii) Where a new potable waterline parallels a new wastewater main,
the wastewater main or lateral shall be constructed of at least 150 psi pressure rated pipe. The new
potable waterline shall be located at least two feet above the wastewater main or lateral, measured
vertically, and at least four feet away, measured horizontally, from the wastewater main or lateral.
(B) New Waterline Installation - Crossing Lines.
(i) Where a new potable waterline crosses an existing, non-pressure
rated wastewater main or lateral, one segment of the waterline pipe shall be centered over the
wastewater main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet
horizontally from the centerline of the wastewater main or lateral. The potable waterline shall be at least
two feet above the wastewater main or lateral. Whenever possible, the crossing shall be centered
between the joints of the wastewater main or lateral. If the existing wastewater main or lateral is
disturbed or shows signs of leaking, it shall be replaced for at least nine feet in both directions (18 feet
total) with at least 150 psi pressure rated pipe.
(ii) Where a new potable waterline crosses an existing, pressure rated
wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater
main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet horizontally
from the centerline of the wastewater main or lateral. The potable waterline shall be at least six inches
above the wastewater main or lateral. Whenever possible, the crossing shall be centered between the
joints of the wastewater main or lateral. If the existing wastewater main or lateral shows signs of leaking,
it shall be replaced for at least nine feet in both directions (18 feet total) with at least 150 psi pressure
rated pipe.
(iii) Where a new potable waterline crosses a new, non-pressure rated
wastewater main or lateral and the standard pipe segment length of the wastewater main or lateral is at
least 18 feet, one segment of the waterline pipe shall be centered over the wastewater main or lateral
such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the
Texas Natural Resource Conservation Commission
Chapter 290 - Public Drinking Water
Page 48
centerline of the wastewater main or lateral. The potable waterline shall be at least two feet above the
wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the
wastewater main or lateral. The wastewater pipe shall have a minimum pipe stiffness of 115 psi at 5.0%
deflection. The wastewater main or lateral shall be embedded in cement stabilized sand (see
§290.44(e)(4)(B)(vi) of this title) for the total length of one pipe segment plus 12 inches beyond the joint
on each end.
(iv) Where a new potable waterline crosses a new, non-pressure rated
wastewater main or lateral and a standard length of the wastewater pipe is less than 18 feet in length, the
potable water pipe segment shall be centered over the wastewater line. The materials and method of
installation shall conform with one of the following options:
(I) Within nine feet horizontally of either side of the waterline,
the wastewater pipe and joints shall be constructed with pipe material having a minimum pressure rating
of at least 150 psi. An absolute minimum vertical separation distance of two feet shall be provided. The
wastewater main or lateral shall be located below the waterline.
(II) All sections of wastewater main or lateral within nine feet
horizontally of the waterline shall be encased in an 18 foot (or longer) section of pipe. Flexible encasing
pipe shall have a minimum pipe stiffness of 115 psi at 5.0% deflection. The encasing pipe shall be
centered on the waterline and shall be at least two nominal pipe diameters larger than the wastewater
main or lateral. The space around the carrier pipe shall be supported at five-foot (or less) intervals with
spacers or be filled to the springline with washed sand. Each end of the casing shall be sealed with water
tight non-shrink cement grout or a manufactured water tight seal. An absolute minimum separation
distance of six inches between the encasement pipe and the waterline shall be provided. The wastewater
line shall be located below the waterline.
(III) When a new waterline crosses under a wastewater main
or lateral, the waterline shall be encased as described for wastewater mains or laterals in subclause (II)
of this clause or constructed of ductile iron or steel pipe with mechanical or welded joints as appropriate.
An absolute minimum separation distance of one foot between the water line and the wastewater main or
lateral shall be provided. Both the waterline and wastewater main or lateral must pass a pressure and
leakage test as specified in AWWA C600 standards.
(v) Where a new potable waterline crosses a new, pressure rated
wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater line
such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the
centerline of the wastewater main or lateral. The potable waterline shall be at least six inches above the
wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the
wastewater main or lateral. The wastewater pipe shall have a minimum pressure rating of at least 150
psi. The wastewater main or lateral shall be embedded in cement stabilized sand (see clause (vi) of this
subparagraph) for the total length of one pipe segment plus 12 inches beyond the joint on each end.
Texas Natural Resource Conservation Commission
Chapter 290 - Public Drinking Water
Page 49
(vi) Where cement stabilized sand bedding is required, the cement
stabilized sand shall have a minimum of 10% cement per cubic yard of cement stabilized sand mixture,
based on loose dry weight volume (at least 2.5 bags of cement per cubic yard of mixture). The cement
stabilized sand bedding shall be a minimum of six inches above and four inches below the wastewater
main or lateral. The use of brown coloring in cement stabilized sand for wastewater main or lateral
bedding is recommended for the identification of pressure rated wastewater mains during future
construction.
(5) Waterline and Wastewater Main or Lateral Manhole or Cleanout Separation. The
separation distance from a potable waterline to a wastewater main or lateral manhole or cleanout shall be
a minimum of nine feet. Where the nine-foot separation distance cannot be achieved, the potable
waterline shall be encased in a joint of at least 150 psi pressure class pipe at least 18 feet long and two
nominal sizes larger than the new conveyance. The space around the carrier pipe shall be supported at
five feet intervals with spacers or be filled to the spring line with washed sand. The encasement pipe
shall be centered on the crossing and both ends sealed with cement grout or manufactured sealant.
(6) Location of Fire Hydrants. Fire hydrants shall not be installed within nine feet
vertically or horizontally of any wastewater main, wastewater lateral or wastewater service line
regardless of construction.
(7) Location of Potable or Raw Water Supply or Suction Lines. Suction mains to
pumping equipment shall not cross wastewater mains, wastewater laterals or wastewater service lines.
Raw water supply lines shall not be installed within five feet of any file or concrete wastewater main,
wastewater lateral, or wastewater service line.
(8) Proximity of Septic Tank Drainfields. Waterlines shall not be installed closer than ten
feet to septic tank drainfields.
(f) Sanitary precautions and disinfection. Sanitary precautions, flushing, disinfection procedures
and microbiological sampling as prescribed in AWWA standards for disinfecting water mains shall be
followed in laying waterlines.
(1) Pipe shall not be laid in water or placed where it can be flooded with water or
sewage during its storage or installation.
(2) Special precautions must be taken when water lines are laid under any flowing or
intermittent stream or semipermanent body of water such as marsh, bay or estuary. In these cases, the
water main shall be installed in a separate watertight pipe encasement and valves must be provided on
each side of the crossing with facilities to allow the underwater portion of the system to be isolated and
tested to determine that there are no leaks in the underwater line. Alternately, and with the permission of
the executive director, the watertight pipe encasement may be omitted.
(3) New mains shall be thoroughly disinfected in accordance with AWWA Standard
C651 and then flushed and sampled before being placed in service. Samples shall be collected for
.E i zov~d
gall
gdt
v
HARVEY HILLSIDES ARCHITECTURAL CONTROL COMMITTEE
15 Ranchero Drive,
College Station, Tx
77845-9405
October 30, 2002
Messrs. Pat and Joe Marek
2112 Southwood Drive
College Station, 'T'exas 77840
Gentlemen:
The Harvey Hillsides Architectural Control Committee has reviewed
the plans and specifications for your Stop and Store Mini-Storage
facility at 3820 Harvey Road (Block 4 of the Harvey Hillsides
Addition).
The Committee approved your development with the following
contingencies:
a. To promote security, the rear gate to the facility will
be kept closed and securely locked except during actual use
by authorized personnel.
b. Exterior lighting will be directed inward at the rear
and sides of the property to avoid creating a nighttime nuisance
to neighboring dwellings and businesses. There will be no
lighting on poles.
C. Because of the flooding experienced in the past, the
Committee requests a letter from a registered civil engineer
stating that the surface water flow from the property following
completion of the project will not exceed the flow prior to
the land being developed. We further request this letter be
received by the Committee prior to the start of construction.
The Committee welcomes you to the Harvey Hillsides Community
and extends best wishes for successful completion of your
development.
FOR THE COMMITTEE:
John R. Vilas
\ Chairman
CF: /City of Colleqe Station Development Services
Committee members
(2) a notarized affidavit by the person requesting service that states that the
property was sold or conveyed to that person before September 1, 1995, and that construction
of a residence on the land, evidenced by at least the existence of a completed foundation, was
begun on or before May 1, 1997.
(f) A person requesting service may obtain a certificate under Subsection (c)(4)(B) only if
the person provides to the municipal authority responsible for approving plats an affidavit that
states that the property was not sold or conveyed to that person from a subdivider or the
subdivider's agent after September 1, 1995.
(g) On request, the municipal authority responsible for approving plats shall provide to the
attorney general and any appropriate local, county, or state law enforcement official a copy of
any document on which the municipal authority relied in determining the legality of providing
service.
(h) This section may not be construed to abrogate any civil or criminal proceeding or
prosecution or to waive any penalty against a subdivider for a violation of a state or local law,
regardless of the date on which the violation occurred.
(i) In this section:
(1) "Foundation" means the lowest division of a residence, usually consisting of a
masonry slab or a pier and beam structure, that is partly or wholly below the surface of the
ground and on which the residential structure rests.
(2) "Subdivider" has the meaning assigned by Section 232.021.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71 st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989; Acts 1989, 71 st Leg., ch.
624, § 3.01, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1062, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 62, § 18.34, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch.
404, § 2, eff. Sept. 1, 1999.
§ 212.013. Vacating Plat
(a) The proprietors of the tract covered by a plat may vacate the plat at any time before
any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring
the plat vacated is approved and recorded in the manner prescribed for the original plat.
(b) If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on
the application of all the owners of lots in the plat with approval obtained in the manner
prescribed for the original plat.
(c) The county clerk shall write legibly on the vacated plat the word "Vacated" and shall
enter on the plat a reference to the volume and page at which the vacating instrument is
recorded.
(d) On the execution and recording of the vacating instrument, the vacated plat has no
effect.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 212.014. Replatting Without Vacating Preceding Plat
A replat of a subdivision or part of a subdivision may be recorded and is controlling over the
preceding plat without vacation of that plat if the replat:
(1) is signed and acknowledged by only the owners of the property being replatted;
(2) is approved, after a public hearing on the matter at which parties in interest and
citizens have an opportunity to be heard, by the municipal authority responsible for approving
plats; and
(3) does not attempt to amend or remove any covenants or restrictions.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 212.0145. Replatting Without Vacating Preceding Plat: Certain Subdivisions
(a) A replat of a part of a subdivision may be recorded and is controlling over the
preceding plat without vacation of that plat if the replat:
(1) is signed and acknowledged by only the owners of the property being
replatted; and
(2) involves only property:
(A) of less than one acre that fronts an existing street; and
(B) that is owned and used by a nonprofit corporation established to assist
children in at-risk situations through volunteer and individualized attention.
(b) An existing covenant or restriction for property that is replatted under this section does
not have to be amended or removed if:
(1) the covenant or restriction was recorded more than 50 years before the date of
the replat; and
(2) the replatted property has been continuously used by the nonprofit corporation
for at least 10 years before the date of the replat.
(c) Sections 212.014 and 212.015 do not apply to a replat under this section.
Added by Acts 1999, 76th Leg., ch. 1130, § 1, eff. June 18, 1999.
§ 212.015. Additional Requirements for Certain Replats
(a) In addition to compliance with Section 212.014, a replat without vacation of the
preceding plat must conform to the requirements of this section if:
(1) during the preceding five years, any of the area to be replatted was limited by
an interim or permanent zoning classification to residential use for not more than two residential
units per lot; or
(2) any lot in the preceding plat was limited by deed restrictions to residential use
for not more than two residential units per lot.
(b) Notice of the hearing required under Section 212.014 shall be given before the 15th
day before the date of the hearing by:
(1) publication in an official newspaper or a newspaper of general circulation in the
county in which the municipality is located; and
(2) by written notice, with a copy of Subsection (c) attached, forwarded by the
municipal authority responsible for approving plats to the owners of lots that are in the original
subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most
recently approved municipal tax roll or in the case of a subdivision within the extraterritorial
jurisdiction, the most recently approved county tax roll of the property upon which the replat is
requested. The written notice may be delivered by depositing the notice, properly addressed
with postage prepaid, in a post office or postal depository within the boundaries of the
municipality.
(c) If the proposed replat requires a variance and is protested in accordance with this
subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at
least three-fourths of the members present of the municipal planning commission or governing
body, or both. For a legal protest, written instruments signed by the owners of at least 20
percent of the area of the lots or land immediately adjoining the area covered by the proposed
replat and extending 200 feet from that area, but within the original subdivision, must be filed
with the municipal planning commission or governing body, or both, prior to the close of the
public hearing.
(d) In computing the percentage of land area under Subsection (c), the area of streets
and alleys shall be included.
(e) Compliance with Subsections (c) and (d) is not required for approval of a replat of part
of a preceding plat if the area to be replatted was designated or reserved for other than single or
duplex family residential use by notation on the last legally recorded plat or in the legally
recorded restrictions applicable to the plat.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71 st Leg., ch.
345, 2 to 5, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 1046, § 3, eff. Aug. 30, 1993.
§ 212.016. Amending Plat
(a) The municipal authority responsible for approving plats may approve and issue an
amending plat, which may be recorded and is controlling over the preceding plat without
vacation of that plat, if the amending plat is signed by the applicants only and is solely for one or
more of the following purposes:
(1) to correct an error in a course or distance shown on the preceding plat;
(2) to add a course or distance that was omitted on the preceding plat;
(3) to correct an error in a real property description shown on the preceding plat;
(4) to indicate monuments set after the death, disability, or retirement from practice
of the engineer or surveyor responsible for setting monuments;
(5) to show the location or character of a monument that has been changed in
location or character or that is shown incorrectly as to location or character on the preceding
plat;
(6) to correct any other type of scrivener or clerical error or omission previously
approved by the municipal authority responsible for approving plats, including lot numbers,
acreage, street names, and identification of adjacent recorded plats;
(7) to correct an error in courses and distances of lot lines between two adjacent
lots if:
(A) both lot owners join in the application for amending the plat;
(B) neither lot is abolished;
(C) the amendment does not attempt to remove recorded covenants or
restrictions; and
(D) the amendment does not have a material adverse effect on the property
rights of the other owners in the plat;
(8) to relocate a lot line to eliminate an inadvertent encroachment of a building or
other improvement on a lot line or easement;
(9) to relocate one or more lot lines between one or more adjacent lots if:
(A) the owners of all those lots join in the application for amending the plat;
(B) the amendment does not attempt to remove recorded covenants or
restrictions; and
(C) the amendment does not increase the number of lots;
3*'/pt
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026942
CHECK DATE: 03/24/2003 CHECK NO: 26942
•
INV. DATE
DESCRIPTION
• AMOUNT
ADJUSTMENTS
NET AMOUNT
03-24-03
VENDOR •
03/24/2003
VEN
PARKLAND DED
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TOTAL GROSS
TOTAL ADJ.
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03/24/2003 13:56 4093614487
BUDDY WINN
STATEMENT OF ACCOUNT
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02/19/2005 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Bryan, Stacy & Dillard, L..L. P.
Attorneys at Law
,rravis !3. Bryan, III
Board Certified Criminal I.Hw
Texas Board I..cgal Specialization
Pierce I'. Stacy, III
Board Certified Conmiercitd Kcal E9ralc Law
Texas Board Lcgal Specialization
Jack W. IDillard
Board C:eriificd Civil Trial Law
Texas r3oHrd Legal Specialization
Craig M. Greavee
Allomcy
VIA FACSIMILE NO. 776-2235
February 13, 2003
Mr. Mark Dudley
R. M. Dudley Construction Company, Inc.
11370 State Highway 30
College Station, Texas 77845
RE: Waterline on easement over Koppc Bridge property on Highway 30
Dear Mark:
Post Office Boa 192
Bryan, Texas 77806
102 EasL 26th Street
Bryan, Testis 77803
Telephone: (979) 775-3900
Fax: (979) 775-2021
As you know, I represent Deiph Ross with respect to the above referenced matter. This is a
follow-up to our telephone conversation yesterday. I have spoken with Bret McCully with the City of
College Station. He informed me that as of this date, you do not have plans which have been approved
by the City for the laying of the line as you propose. Therefore, you have p outho rity to be&
construction of any sort on the easement.
1 understand from our conversation with Mr. McCully that an option for you to oonsider would
be to lay the line along the Pamela Road right-of-way. He indicated that he had suggested this
alternative. It appears that this would be less costly and obviously, cause less heartache or problems
for you as well as the Rosses. This option would allow you to avoid the cost associated with the
restoration of the Ross' property, both now and that may be necessary in the future. If is our concern
that any type of digging followed by attempted restoration of the parking lot will not solve the problem,
and there will be a need for additional restoration in the future- We hope that you will give strong
consideration to the Pamela Lane option. It is our understanding that your engineer is familiar with this
and that the City has provided you with comments concerning the same.
I assure you that Mr. Ross wants to resolve this amicably. However, you must recognize and
understand that at this time you do not have authority to begin digging on their property. I suggest that
we discuss this with Mr. McCully at the City of College Station and attempt to resolve this to the
satisfaction of all concerned.
2002
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Mr. Mark Dudley
February 13, 2003
Page 2
JWD/lp
& DILLARD, L.L.P.
Z003
xc: Mr. Delph Ross
Sincerely,
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Bryan, Stacy & Dillard, L. L. P.
Attorijeps at Lam,
Travis 0, Bryan, Ili
Board Certified Criminal ljaw
Texas Board 1,cgal Specialization
Pierce P. Stacy, III
Board Certified Commercial Kcal Estale Law
Texas Board Legal Specialization
Jack W. Dillard
Board Cerlificd Civil Trial Law
Texas Board Legal Specialization
Craig M. Greavcc
Allomcy
n4 FACSIMILE NO. 776-2235
February 13, 2003
Mr. Mark Dudley
R. M. Dudley Construction Company, Inc.
11370 State Highway 30
College Station, Texas 77845
RE: Waterline on casement over Koppe Bridge property on Highway 30
Dear Mark:
Post Office Box 192
Bryan, Texas 77806
102 East 26th Street
Bryan, Texas 77803
Telephone: (979) 775-39UU
Fax: (979) 775-2021
As you know, l represent Dolph Ross with respect to the above referenced matter. This is a
follow-up to our telephone conversation yesterday. I have spoken with Bret McCully with the City of
College Station. He informed me that as of this date, you do not have plans which have been approved
by the City for the laying of the line as you propose. Therefore, you have m authoft to begin
construction of any sort on the easement.
1 understand from our conversation with Mr. McCully that an option for you to oonsider would
be to lay the line along the Pamela Road right-of-way. He indicated that he had suggested this
alternative. It appears that this would be less costly and obviously, cause less heartache or problems
for you as well as the R.osses. This option would allow you to avoid the cost associated with the
restoration of the Ross' property, both now and that may be necessary in the future. It is our concern
that any type of digging followed by attempted restoration of the parking lot will not solve the problem,
and there will be a need for additional restoration in the future. We hope that you will give strong
consideration to the Pamela Lane option. It is our understanding that your engineer is familiar with this
and that the City has provided you with comments concerning the same.
I assure you that Mr. Ross wants to resolve this amicably. However, you must recognize and
understand that at this time you do not have authority to begin digging on their property. I suggest that
we discuss this with Mr. McCully at the City of College Station and attempt to resolve this to the
satisfaction of all concerned.
0002
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Mr. Mark Dudley
February 13, 2003
PW2
JWD/1p
AD, L.L.P.
Z003
xc: Mr. Delph Ross
Sincerely,
d4o.~I~IeqA
Texas Natural Resource Conservation Commission Page 47
Chapter 290 - Public Drinking Water
(i) Where a new potable waterline parallels an existing, non-pressure or
pressure rated wastewater main or lateral and the licensed professional engineer licensed in the State of
Texas is able to determine that the existing wastewater main or lateral is not leaking, the new potable
waterline shall be located at least two feet above the existing wastewater main or lateral, measured
vertically, and at least four feet away, measured horizontally, from the existing wastewater main or
lateral. Every effort shall be exerted not to disturb the bedding and backfill of the existing wastewater
main or lateral.
(ii) Where a new potable waterline parallels an existing pressure rated
wastewater main or lateral and it cannot be determined by the licensed professional engineer if the
existing line is leaking, the existing wastewater main or lateral shall be replaced with at least 150 psi
pressure rated pipe. The new potable waterline shall be located at least two feet above the new
wastewater line, measured vertically, and at least four feet away, measured horizontally, from the
replaced wastewater main or lateral.
(iii) Where a new potable waterline parallels a new wastewater main,
the wastewater main or lateral shall be constructed of at least 150 psi pressure rated pipe. The new
potable waterline shall be located at least two feet above the wastewater main or lateral, measured
vertically, and at least four feet away, measured horizontally, from the wastewater main or lateral.
(B) New Waterline Installation - Crossing Lines.
(i) Where a new potable waterline crosses an existing, non-pressure
rated wastewater main or lateral, one segment of the waterline pipe shall be centered over the
wastewater main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet
horizontally from the centerline of the wastewater main or lateral. The potable waterline shall be at least
two feet above the wastewater main or lateral. Whenever possible, the crossing shall be centered
between the joints of the wastewater main or lateral. If the existing wastewater main or lateral is
disturbed or shows signs of leaking, it shall be replaced for at least nine feet in both directions (18 feet
total) with at least 150 psi pressure rated pipe.
(ii) Where a new potable waterline crosses an existing, pressure rated
wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater
main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet horizontally
from the centerline of the wastewater main or lateral. The potable waterline shall be at least six inches
above the wastewater main or lateral. Whenever possible, the crossing shall be centered between the
joints of the wastewater main or lateral. If the existing wastewater main or lateral shows signs of leaking,
it shall be replaced for at least nine feet in both directions (18 feet total) with at least 150 psi pressure
rated pipe.
(iii) Where a new potable waterline crosses a new, non-pressure rated
wastewater main or lateral and the standard pipe segment length of the wastewater main or lateral is at
least 18 feet, one segment of the waterline pipe shall be centered over the wastewater main or lateral
such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the
Texas Natural Resource Conservation Commission
Chapter 290 - Public Drinking Water
Page 48
centerline of the wastewater main or lateral. The potable waterline shall be at least two feet above the
wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the
wastewater main or lateral. The wastewater pipe shall have a minimum pipe stiffness of 115 psi at 5.0%
deflection. The wastewater main or lateral shall be embedded in cement stabilized sand (see
§290.44(e)(4)(B)(vi) of this title) for the total length of one pipe segment plus 12 inches beyond the joint
on each end.
(iv) Where a new potable waterline crosses a new, non-pressure rated
wastewater main or lateral and a standard length of the wastewater pipe is less than 18 feet in length, the
potable water pipe segment shall be centered over the wastewater line. The materials and method of
installation shall conform with one of the following options:
(I) Within nine feet horizontally of either side of the waterline,
the wastewater pipe and joints shall be constructed with pipe material having a minimum pressure rating
of at least 150 psi. An absolute minimum vertical separation distance of two feet shall be provided. The
wastewater main or lateral shall be located below the waterline.
(II) All sections of wastewater main or lateral within nine feet
horizontally of the waterline shall be encased in an 18 foot (or longer) section of pipe. Flexible encasing
pipe shall have a minimum pipe stiffness of 115 psi at 5.0% deflection. The encasing pipe shall be
centered on the waterline and shall be at least two nominal pipe diameters larger than the wastewater
main or lateral. The space around the carrier pipe shall be supported at five-foot (or less) intervals with
spacers or be filled to the springline with washed sand. Each end of the casing shall be sealed with water
tight non-shrink cement grout or a manufactured water tight seal. An absolute minimum separation
distance of six inches between the encasement pipe and the waterline shall be provided. The wastewater
line shall be located below the waterline.
(III) When a new waterline crosses under a wastewater main
or lateral, the waterline shall be encased as described for wastewater mains or laterals in subclause (II)
of this clause or constructed of ductile iron or steel pipe with mechanical or welded joints as appropriate.
An absolute minimum separation distance of one foot between the water line and the wastewater main or
lateral shall be provided. Both the waterline and wastewater main or lateral must pass a pressure and
leakage test as specified in AWWA C600 standards.
(v) Where a new potable waterline crosses a new, pressure rated
wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater line
such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the
centerline of the wastewater main or lateral. The potable waterline shall be at least six inches above the
wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the
wastewater main or lateral. The wastewater pipe shall have a minimum pressure rating of at least 150
psi. The wastewater main or lateral shall be embedded in cement stabilized sand (see clause (vi) of this
subparagraph) for the total length of one pipe segment plus 12 inches beyond the joint on each end.
Texas Natural Resource Conservation Commission
Chapter 290 - Public Drinking Water
Page 49
(vi) Where cement stabilized sand bedding is required, the cement
stabilized sand shall have a minimum of 10% cement per cubic yard of cement stabilized sand mixture,
based on loose dry weight volume (at least 2.5 bags of cement per cubic yard of mixture). The cement
stabilized sand bedding shall be a minimum of six inches above and four inches below the wastewater
main or lateral. The use of brown coloring in cement stabilized sand for wastewater main or lateral
bedding is recommended for the identification of pressure rated wastewater mains during future
construction.
(5) Waterline and Wastewater Main or Lateral Manhole or Cleanout Separation. The
separation distance from a potable waterline to a wastewater main or lateral manhole or cleanout shall be
a minimum of nine feet. Where the nine-foot separation distance cannot be achieved, the potable
waterline shall be encased in a joint of at least 150 psi pressure class pipe at least 18 feet long and two
nominal sizes larger than the new conveyance. The space around the carrier pipe shall be supported at
five feet intervals with spacers or be filled to the spring line with washed sand. The encasement pipe
shall be centered on the crossing and both ends sealed with cement grout or manufactured sealant.
(6) Location of Fire Hydrants. Fire hydrants shall not be installed within nine feet
vertically or horizontally of any wastewater main, wastewater lateral or wastewater service line
regardless of construction.
(7) Location of Potable or Raw Water Supply or Suction Lines. Suction mains to
pumping equipment shall not cross wastewater mains, wastewater laterals or wastewater service lines.
Raw water supply lines shall not be installed within five feet of any file or concrete wastewater main,
wastewater lateral, or wastewater service line.
(8) Proximity of Septic Tank Drainfields. Waterlines shall not be installed closer than ten
feet to septic tank drainfields.
(f) Sanitary precautions and disinfection. Sanitary precautions, flushing, disinfection procedures
and microbiological sampling as prescribed in AWWA standards for disinfecting water mains shall be
followed in laying waterlines.
(1) Pipe shall not be laid in water or placed where it can be flooded with water or
sewage during its storage or installation.
(2) Special precautions must be taken when water lines are laid under any flowing or
intermittent stream or semipermanent body of water such as marsh, bay or estuary. In these cases, the
water main shall be installed in a separate watertight pipe encasement and valves must be provided on
each side of the crossing with facilities to allow the underwater portion of the system to be isolated and
tested to determine that there are no leaks in the underwater line. Alternately, and with the permission of
the executive director, the watertight pipe encasement may be omitted.
(3) New mains shall be thoroughly disinfected in accordance with AWWA Standard
C651 and then flushed and sampled before being placed in service. Samples shall be collected for
.E i zov~d
gall
gdt
v
HARVEY HILLSIDES ARCHITECTURAL CONTROL COMMITTEE
15 Ranchero Drive,
College Station, Tx
77845-9405
October 30, 2002
Messrs. Pat and Joe Marek
2112 Southwood Drive
College Station, 'T'exas 77840
Gentlemen:
The Harvey Hillsides Architectural Control Committee has reviewed
the plans and specifications for your Stop and Store Mini-Storage
facility at 3820 Harvey Road (Block 4 of the Harvey Hillsides
Addition).
The Committee approved your development with the following
contingencies:
a. To promote security, the rear gate to the facility will
be kept closed and securely locked except during actual use
by authorized personnel.
b. Exterior lighting will be directed inward at the rear
and sides of the property to avoid creating a nighttime nuisance
to neighboring dwellings and businesses. There will be no
lighting on poles.
C. Because of the flooding experienced in the past, the
Committee requests a letter from a registered civil engineer
stating that the surface water flow from the property following
completion of the project will not exceed the flow prior to
the land being developed. We further request this letter be
received by the Committee prior to the start of construction.
The Committee welcomes you to the Harvey Hillsides Community
and extends best wishes for successful completion of your
development.
FOR THE COMMITTEE:
John R. Vilas
\ Chairman
CF: /City of Colleqe Station Development Services
Committee members
(2) a notarized affidavit by the person requesting service that states that the
property was sold or conveyed to that person before September 1, 1995, and that construction
of a residence on the land, evidenced by at least the existence of a completed foundation, was
begun on or before May 1, 1997.
(f) A person requesting service may obtain a certificate under Subsection (c)(4)(B) only if
the person provides to the municipal authority responsible for approving plats an affidavit that
states that the property was not sold or conveyed to that person from a subdivider or the
subdivider's agent after September 1, 1995.
(g) On request, the municipal authority responsible for approving plats shall provide to the
attorney general and any appropriate local, county, or state law enforcement official a copy of
any document on which the municipal authority relied in determining the legality of providing
service.
(h) This section may not be construed to abrogate any civil or criminal proceeding or
prosecution or to waive any penalty against a subdivider for a violation of a state or local law,
regardless of the date on which the violation occurred.
(i) In this section:
(1) "Foundation" means the lowest division of a residence, usually consisting of a
masonry slab or a pier and beam structure, that is partly or wholly below the surface of the
ground and on which the residential structure rests.
(2) "Subdivider" has the meaning assigned by Section 232.021.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71 st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989; Acts 1989, 71 st Leg., ch.
624, § 3.01, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1062, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 62, § 18.34, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch.
404, § 2, eff. Sept. 1, 1999.
§ 212.013. Vacating Plat
(a) The proprietors of the tract covered by a plat may vacate the plat at any time before
any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring
the plat vacated is approved and recorded in the manner prescribed for the original plat.
(b) If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on
the application of all the owners of lots in the plat with approval obtained in the manner
prescribed for the original plat.
(c) The county clerk shall write legibly on the vacated plat the word "Vacated" and shall
enter on the plat a reference to the volume and page at which the vacating instrument is
recorded.
(d) On the execution and recording of the vacating instrument, the vacated plat has no
effect.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 212.014. Replatting Without Vacating Preceding Plat
A replat of a subdivision or part of a subdivision may be recorded and is controlling over the
preceding plat without vacation of that plat if the replat:
(1) is signed and acknowledged by only the owners of the property being replatted;
(2) is approved, after a public hearing on the matter at which parties in interest and
citizens have an opportunity to be heard, by the municipal authority responsible for approving
plats; and
(3) does not attempt to amend or remove any covenants or restrictions.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 212.0145. Replatting Without Vacating Preceding Plat: Certain Subdivisions
(a) A replat of a part of a subdivision may be recorded and is controlling over the
preceding plat without vacation of that plat if the replat:
(1) is signed and acknowledged by only the owners of the property being
replatted; and
(2) involves only property:
(A) of less than one acre that fronts an existing street; and
(B) that is owned and used by a nonprofit corporation established to assist
children in at-risk situations through volunteer and individualized attention.
(b) An existing covenant or restriction for property that is replatted under this section does
not have to be amended or removed if:
(1) the covenant or restriction was recorded more than 50 years before the date of
the replat; and
(2) the replatted property has been continuously used by the nonprofit corporation
for at least 10 years before the date of the replat.
(c) Sections 212.014 and 212.015 do not apply to a replat under this section.
Added by Acts 1999, 76th Leg., ch. 1130, § 1, eff. June 18, 1999.
§ 212.015. Additional Requirements for Certain Replats
(a) In addition to compliance with Section 212.014, a replat without vacation of the
preceding plat must conform to the requirements of this section if:
(1) during the preceding five years, any of the area to be replatted was limited by
an interim or permanent zoning classification to residential use for not more than two residential
units per lot; or
(2) any lot in the preceding plat was limited by deed restrictions to residential use
for not more than two residential units per lot.
(b) Notice of the hearing required under Section 212.014 shall be given before the 15th
day before the date of the hearing by:
(1) publication in an official newspaper or a newspaper of general circulation in the
county in which the municipality is located; and
(2) by written notice, with a copy of Subsection (c) attached, forwarded by the
municipal authority responsible for approving plats to the owners of lots that are in the original
subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most
recently approved municipal tax roll or in the case of a subdivision within the extraterritorial
jurisdiction, the most recently approved county tax roll of the property upon which the replat is
requested. The written notice may be delivered by depositing the notice, properly addressed
with postage prepaid, in a post office or postal depository within the boundaries of the
municipality.
(c) If the proposed replat requires a variance and is protested in accordance with this
subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at
least three-fourths of the members present of the municipal planning commission or governing
body, or both. For a legal protest, written instruments signed by the owners of at least 20
percent of the area of the lots or land immediately adjoining the area covered by the proposed
replat and extending 200 feet from that area, but within the original subdivision, must be filed
with the municipal planning commission or governing body, or both, prior to the close of the
public hearing.
(d) In computing the percentage of land area under Subsection (c), the area of streets
and alleys shall be included.
(e) Compliance with Subsections (c) and (d) is not required for approval of a replat of part
of a preceding plat if the area to be replatted was designated or reserved for other than single or
duplex family residential use by notation on the last legally recorded plat or in the legally
recorded restrictions applicable to the plat.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71 st Leg., ch.
345, 2 to 5, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 1046, § 3, eff. Aug. 30, 1993.
§ 212.016. Amending Plat
(a) The municipal authority responsible for approving plats may approve and issue an
amending plat, which may be recorded and is controlling over the preceding plat without
vacation of that plat, if the amending plat is signed by the applicants only and is solely for one or
more of the following purposes:
(1) to correct an error in a course or distance shown on the preceding plat;
(2) to add a course or distance that was omitted on the preceding plat;
(3) to correct an error in a real property description shown on the preceding plat;
(4) to indicate monuments set after the death, disability, or retirement from practice
of the engineer or surveyor responsible for setting monuments;
(5) to show the location or character of a monument that has been changed in
location or character or that is shown incorrectly as to location or character on the preceding
plat;
(6) to correct any other type of scrivener or clerical error or omission previously
approved by the municipal authority responsible for approving plats, including lot numbers,
acreage, street names, and identification of adjacent recorded plats;
(7) to correct an error in courses and distances of lot lines between two adjacent
lots if:
(A) both lot owners join in the application for amending the plat;
(B) neither lot is abolished;
(C) the amendment does not attempt to remove recorded covenants or
restrictions; and
(D) the amendment does not have a material adverse effect on the property
rights of the other owners in the plat;
(8) to relocate a lot line to eliminate an inadvertent encroachment of a building or
other improvement on a lot line or easement;
(9) to relocate one or more lot lines between one or more adjacent lots if:
(A) the owners of all those lots join in the application for amending the plat;
(B) the amendment does not attempt to remove recorded covenants or
restrictions; and
(C) the amendment does not increase the number of lots;
3*'/pt
3 -~u 03
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026942
CHECK DATE: 03/24/2003 CHECK NO: 26942
•
INV. DATE
DESCRIPTION
• AMOUNT
ADJUSTMENTS
NET AMOUNT
03-24-03
VENDOR •
03/24/2003
VEN
PARKLAND DED
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TOTAL GROSS
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03/24/2003 13:56 4093614487
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STATEMENT OF ACCOUNT
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02/19/2005 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Bryan, Stacy & Dillard, L..L. P.
Attorneys at Law
,rravis !3. Bryan, III
Board Certified Criminal I.Hw
Texas Board I..cgal Specialization
Pierce I'. Stacy, III
Board Certified Conmiercitd Kcal E9ralc Law
Texas Board Lcgal Specialization
Jack W. IDillard
Board C:eriificd Civil Trial Law
Texas r3oHrd Legal Specialization
Craig M. Greavee
Allomcy
VIA FACSIMILE NO. 776-2235
February 13, 2003
Mr. Mark Dudley
R. M. Dudley Construction Company, Inc.
11370 State Highway 30
College Station, Texas 77845
RE: Waterline on easement over Koppc Bridge property on Highway 30
Dear Mark:
Post Office Boa 192
Bryan, Texas 77806
102 EasL 26th Street
Bryan, Testis 77803
Telephone: (979) 775-3900
Fax: (979) 775-2021
As you know, I represent Deiph Ross with respect to the above referenced matter. This is a
follow-up to our telephone conversation yesterday. I have spoken with Bret McCully with the City of
College Station. He informed me that as of this date, you do not have plans which have been approved
by the City for the laying of the line as you propose. Therefore, you have p outho rity to be&
construction of any sort on the easement.
1 understand from our conversation with Mr. McCully that an option for you to oonsider would
be to lay the line along the Pamela Road right-of-way. He indicated that he had suggested this
alternative. It appears that this would be less costly and obviously, cause less heartache or problems
for you as well as the Rosses. This option would allow you to avoid the cost associated with the
restoration of the Ross' property, both now and that may be necessary in the future. If is our concern
that any type of digging followed by attempted restoration of the parking lot will not solve the problem,
and there will be a need for additional restoration in the future- We hope that you will give strong
consideration to the Pamela Lane option. It is our understanding that your engineer is familiar with this
and that the City has provided you with comments concerning the same.
I assure you that Mr. Ross wants to resolve this amicably. However, you must recognize and
understand that at this time you do not have authority to begin digging on their property. I suggest that
we discuss this with Mr. McCully at the City of College Station and attempt to resolve this to the
satisfaction of all concerned.
2002
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Mr. Mark Dudley
February 13, 2003
Page 2
JWD/lp
& DILLARD, L.L.P.
Z003
xc: Mr. Delph Ross
Sincerely,
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Bryan, Stacy & Dillard, L. L. P.
Attorijeps at Lam,
Travis 0, Bryan, Ili
Board Certified Criminal ljaw
Texas Board 1,cgal Specialization
Pierce P. Stacy, III
Board Certified Commercial Kcal Estale Law
Texas Board Legal Specialization
Jack W. Dillard
Board Cerlificd Civil Trial Law
Texas Board Legal Specialization
Craig M. Greavcc
Allomcy
n4 FACSIMILE NO. 776-2235
February 13, 2003
Mr. Mark Dudley
R. M. Dudley Construction Company, Inc.
11370 State Highway 30
College Station, Texas 77845
RE: Waterline on casement over Koppe Bridge property on Highway 30
Dear Mark:
Post Office Box 192
Bryan, Texas 77806
102 East 26th Street
Bryan, Texas 77803
Telephone: (979) 775-39UU
Fax: (979) 775-2021
As you know, l represent Dolph Ross with respect to the above referenced matter. This is a
follow-up to our telephone conversation yesterday. I have spoken with Bret McCully with the City of
College Station. He informed me that as of this date, you do not have plans which have been approved
by the City for the laying of the line as you propose. Therefore, you have m authoft to begin
construction of any sort on the easement.
1 understand from our conversation with Mr. McCully that an option for you to oonsider would
be to lay the line along the Pamela Road right-of-way. He indicated that he had suggested this
alternative. It appears that this would be less costly and obviously, cause less heartache or problems
for you as well as the R.osses. This option would allow you to avoid the cost associated with the
restoration of the Ross' property, both now and that may be necessary in the future. It is our concern
that any type of digging followed by attempted restoration of the parking lot will not solve the problem,
and there will be a need for additional restoration in the future. We hope that you will give strong
consideration to the Pamela Lane option. It is our understanding that your engineer is familiar with this
and that the City has provided you with comments concerning the same.
I assure you that Mr. Ross wants to resolve this amicably. However, you must recognize and
understand that at this time you do not have authority to begin digging on their property. I suggest that
we discuss this with Mr. McCully at the City of College Station and attempt to resolve this to the
satisfaction of all concerned.
0002
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Mr. Mark Dudley
February 13, 2003
PW2
JWD/1p
AD, L.L.P.
Z003
xc: Mr. Delph Ross
Sincerely,
d4o.~I~IeqA
Texas Natural Resource Conservation Commission Page 47
Chapter 290 - Public Drinking Water
(i) Where a new potable waterline parallels an existing, non-pressure or
pressure rated wastewater main or lateral and the licensed professional engineer licensed in the State of
Texas is able to determine that the existing wastewater main or lateral is not leaking, the new potable
waterline shall be located at least two feet above the existing wastewater main or lateral, measured
vertically, and at least four feet away, measured horizontally, from the existing wastewater main or
lateral. Every effort shall be exerted not to disturb the bedding and backfill of the existing wastewater
main or lateral.
(ii) Where a new potable waterline parallels an existing pressure rated
wastewater main or lateral and it cannot be determined by the licensed professional engineer if the
existing line is leaking, the existing wastewater main or lateral shall be replaced with at least 150 psi
pressure rated pipe. The new potable waterline shall be located at least two feet above the new
wastewater line, measured vertically, and at least four feet away, measured horizontally, from the
replaced wastewater main or lateral.
(iii) Where a new potable waterline parallels a new wastewater main,
the wastewater main or lateral shall be constructed of at least 150 psi pressure rated pipe. The new
potable waterline shall be located at least two feet above the wastewater main or lateral, measured
vertically, and at least four feet away, measured horizontally, from the wastewater main or lateral.
(B) New Waterline Installation - Crossing Lines.
(i) Where a new potable waterline crosses an existing, non-pressure
rated wastewater main or lateral, one segment of the waterline pipe shall be centered over the
wastewater main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet
horizontally from the centerline of the wastewater main or lateral. The potable waterline shall be at least
two feet above the wastewater main or lateral. Whenever possible, the crossing shall be centered
between the joints of the wastewater main or lateral. If the existing wastewater main or lateral is
disturbed or shows signs of leaking, it shall be replaced for at least nine feet in both directions (18 feet
total) with at least 150 psi pressure rated pipe.
(ii) Where a new potable waterline crosses an existing, pressure rated
wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater
main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet horizontally
from the centerline of the wastewater main or lateral. The potable waterline shall be at least six inches
above the wastewater main or lateral. Whenever possible, the crossing shall be centered between the
joints of the wastewater main or lateral. If the existing wastewater main or lateral shows signs of leaking,
it shall be replaced for at least nine feet in both directions (18 feet total) with at least 150 psi pressure
rated pipe.
(iii) Where a new potable waterline crosses a new, non-pressure rated
wastewater main or lateral and the standard pipe segment length of the wastewater main or lateral is at
least 18 feet, one segment of the waterline pipe shall be centered over the wastewater main or lateral
such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the
Texas Natural Resource Conservation Commission
Chapter 290 - Public Drinking Water
Page 48
centerline of the wastewater main or lateral. The potable waterline shall be at least two feet above the
wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the
wastewater main or lateral. The wastewater pipe shall have a minimum pipe stiffness of 115 psi at 5.0%
deflection. The wastewater main or lateral shall be embedded in cement stabilized sand (see
§290.44(e)(4)(B)(vi) of this title) for the total length of one pipe segment plus 12 inches beyond the joint
on each end.
(iv) Where a new potable waterline crosses a new, non-pressure rated
wastewater main or lateral and a standard length of the wastewater pipe is less than 18 feet in length, the
potable water pipe segment shall be centered over the wastewater line. The materials and method of
installation shall conform with one of the following options:
(I) Within nine feet horizontally of either side of the waterline,
the wastewater pipe and joints shall be constructed with pipe material having a minimum pressure rating
of at least 150 psi. An absolute minimum vertical separation distance of two feet shall be provided. The
wastewater main or lateral shall be located below the waterline.
(II) All sections of wastewater main or lateral within nine feet
horizontally of the waterline shall be encased in an 18 foot (or longer) section of pipe. Flexible encasing
pipe shall have a minimum pipe stiffness of 115 psi at 5.0% deflection. The encasing pipe shall be
centered on the waterline and shall be at least two nominal pipe diameters larger than the wastewater
main or lateral. The space around the carrier pipe shall be supported at five-foot (or less) intervals with
spacers or be filled to the springline with washed sand. Each end of the casing shall be sealed with water
tight non-shrink cement grout or a manufactured water tight seal. An absolute minimum separation
distance of six inches between the encasement pipe and the waterline shall be provided. The wastewater
line shall be located below the waterline.
(III) When a new waterline crosses under a wastewater main
or lateral, the waterline shall be encased as described for wastewater mains or laterals in subclause (II)
of this clause or constructed of ductile iron or steel pipe with mechanical or welded joints as appropriate.
An absolute minimum separation distance of one foot between the water line and the wastewater main or
lateral shall be provided. Both the waterline and wastewater main or lateral must pass a pressure and
leakage test as specified in AWWA C600 standards.
(v) Where a new potable waterline crosses a new, pressure rated
wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater line
such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the
centerline of the wastewater main or lateral. The potable waterline shall be at least six inches above the
wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the
wastewater main or lateral. The wastewater pipe shall have a minimum pressure rating of at least 150
psi. The wastewater main or lateral shall be embedded in cement stabilized sand (see clause (vi) of this
subparagraph) for the total length of one pipe segment plus 12 inches beyond the joint on each end.
Texas Natural Resource Conservation Commission
Chapter 290 - Public Drinking Water
Page 49
(vi) Where cement stabilized sand bedding is required, the cement
stabilized sand shall have a minimum of 10% cement per cubic yard of cement stabilized sand mixture,
based on loose dry weight volume (at least 2.5 bags of cement per cubic yard of mixture). The cement
stabilized sand bedding shall be a minimum of six inches above and four inches below the wastewater
main or lateral. The use of brown coloring in cement stabilized sand for wastewater main or lateral
bedding is recommended for the identification of pressure rated wastewater mains during future
construction.
(5) Waterline and Wastewater Main or Lateral Manhole or Cleanout Separation. The
separation distance from a potable waterline to a wastewater main or lateral manhole or cleanout shall be
a minimum of nine feet. Where the nine-foot separation distance cannot be achieved, the potable
waterline shall be encased in a joint of at least 150 psi pressure class pipe at least 18 feet long and two
nominal sizes larger than the new conveyance. The space around the carrier pipe shall be supported at
five feet intervals with spacers or be filled to the spring line with washed sand. The encasement pipe
shall be centered on the crossing and both ends sealed with cement grout or manufactured sealant.
(6) Location of Fire Hydrants. Fire hydrants shall not be installed within nine feet
vertically or horizontally of any wastewater main, wastewater lateral or wastewater service line
regardless of construction.
(7) Location of Potable or Raw Water Supply or Suction Lines. Suction mains to
pumping equipment shall not cross wastewater mains, wastewater laterals or wastewater service lines.
Raw water supply lines shall not be installed within five feet of any file or concrete wastewater main,
wastewater lateral, or wastewater service line.
(8) Proximity of Septic Tank Drainfields. Waterlines shall not be installed closer than ten
feet to septic tank drainfields.
(f) Sanitary precautions and disinfection. Sanitary precautions, flushing, disinfection procedures
and microbiological sampling as prescribed in AWWA standards for disinfecting water mains shall be
followed in laying waterlines.
(1) Pipe shall not be laid in water or placed where it can be flooded with water or
sewage during its storage or installation.
(2) Special precautions must be taken when water lines are laid under any flowing or
intermittent stream or semipermanent body of water such as marsh, bay or estuary. In these cases, the
water main shall be installed in a separate watertight pipe encasement and valves must be provided on
each side of the crossing with facilities to allow the underwater portion of the system to be isolated and
tested to determine that there are no leaks in the underwater line. Alternately, and with the permission of
the executive director, the watertight pipe encasement may be omitted.
(3) New mains shall be thoroughly disinfected in accordance with AWWA Standard
C651 and then flushed and sampled before being placed in service. Samples shall be collected for
.E i zov~d
gall
gdt
v
HARVEY HILLSIDES ARCHITECTURAL CONTROL COMMITTEE
15 Ranchero Drive,
College Station, Tx
77845-9405
October 30, 2002
Messrs. Pat and Joe Marek
2112 Southwood Drive
College Station, 'T'exas 77840
Gentlemen:
The Harvey Hillsides Architectural Control Committee has reviewed
the plans and specifications for your Stop and Store Mini-Storage
facility at 3820 Harvey Road (Block 4 of the Harvey Hillsides
Addition).
The Committee approved your development with the following
contingencies:
a. To promote security, the rear gate to the facility will
be kept closed and securely locked except during actual use
by authorized personnel.
b. Exterior lighting will be directed inward at the rear
and sides of the property to avoid creating a nighttime nuisance
to neighboring dwellings and businesses. There will be no
lighting on poles.
C. Because of the flooding experienced in the past, the
Committee requests a letter from a registered civil engineer
stating that the surface water flow from the property following
completion of the project will not exceed the flow prior to
the land being developed. We further request this letter be
received by the Committee prior to the start of construction.
The Committee welcomes you to the Harvey Hillsides Community
and extends best wishes for successful completion of your
development.
FOR THE COMMITTEE:
John R. Vilas
\ Chairman
CF: /City of Colleqe Station Development Services
Committee members
(2) a notarized affidavit by the person requesting service that states that the
property was sold or conveyed to that person before September 1, 1995, and that construction
of a residence on the land, evidenced by at least the existence of a completed foundation, was
begun on or before May 1, 1997.
(f) A person requesting service may obtain a certificate under Subsection (c)(4)(B) only if
the person provides to the municipal authority responsible for approving plats an affidavit that
states that the property was not sold or conveyed to that person from a subdivider or the
subdivider's agent after September 1, 1995.
(g) On request, the municipal authority responsible for approving plats shall provide to the
attorney general and any appropriate local, county, or state law enforcement official a copy of
any document on which the municipal authority relied in determining the legality of providing
service.
(h) This section may not be construed to abrogate any civil or criminal proceeding or
prosecution or to waive any penalty against a subdivider for a violation of a state or local law,
regardless of the date on which the violation occurred.
(i) In this section:
(1) "Foundation" means the lowest division of a residence, usually consisting of a
masonry slab or a pier and beam structure, that is partly or wholly below the surface of the
ground and on which the residential structure rests.
(2) "Subdivider" has the meaning assigned by Section 232.021.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71 st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989; Acts 1989, 71 st Leg., ch.
624, § 3.01, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1062, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 62, § 18.34, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch.
404, § 2, eff. Sept. 1, 1999.
§ 212.013. Vacating Plat
(a) The proprietors of the tract covered by a plat may vacate the plat at any time before
any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring
the plat vacated is approved and recorded in the manner prescribed for the original plat.
(b) If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on
the application of all the owners of lots in the plat with approval obtained in the manner
prescribed for the original plat.
(c) The county clerk shall write legibly on the vacated plat the word "Vacated" and shall
enter on the plat a reference to the volume and page at which the vacating instrument is
recorded.
(d) On the execution and recording of the vacating instrument, the vacated plat has no
effect.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 212.014. Replatting Without Vacating Preceding Plat
A replat of a subdivision or part of a subdivision may be recorded and is controlling over the
preceding plat without vacation of that plat if the replat:
(1) is signed and acknowledged by only the owners of the property being replatted;
(2) is approved, after a public hearing on the matter at which parties in interest and
citizens have an opportunity to be heard, by the municipal authority responsible for approving
plats; and
(3) does not attempt to amend or remove any covenants or restrictions.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 212.0145. Replatting Without Vacating Preceding Plat: Certain Subdivisions
(a) A replat of a part of a subdivision may be recorded and is controlling over the
preceding plat without vacation of that plat if the replat:
(1) is signed and acknowledged by only the owners of the property being
replatted; and
(2) involves only property:
(A) of less than one acre that fronts an existing street; and
(B) that is owned and used by a nonprofit corporation established to assist
children in at-risk situations through volunteer and individualized attention.
(b) An existing covenant or restriction for property that is replatted under this section does
not have to be amended or removed if:
(1) the covenant or restriction was recorded more than 50 years before the date of
the replat; and
(2) the replatted property has been continuously used by the nonprofit corporation
for at least 10 years before the date of the replat.
(c) Sections 212.014 and 212.015 do not apply to a replat under this section.
Added by Acts 1999, 76th Leg., ch. 1130, § 1, eff. June 18, 1999.
§ 212.015. Additional Requirements for Certain Replats
(a) In addition to compliance with Section 212.014, a replat without vacation of the
preceding plat must conform to the requirements of this section if:
(1) during the preceding five years, any of the area to be replatted was limited by
an interim or permanent zoning classification to residential use for not more than two residential
units per lot; or
(2) any lot in the preceding plat was limited by deed restrictions to residential use
for not more than two residential units per lot.
(b) Notice of the hearing required under Section 212.014 shall be given before the 15th
day before the date of the hearing by:
(1) publication in an official newspaper or a newspaper of general circulation in the
county in which the municipality is located; and
(2) by written notice, with a copy of Subsection (c) attached, forwarded by the
municipal authority responsible for approving plats to the owners of lots that are in the original
subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most
recently approved municipal tax roll or in the case of a subdivision within the extraterritorial
jurisdiction, the most recently approved county tax roll of the property upon which the replat is
requested. The written notice may be delivered by depositing the notice, properly addressed
with postage prepaid, in a post office or postal depository within the boundaries of the
municipality.
(c) If the proposed replat requires a variance and is protested in accordance with this
subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at
least three-fourths of the members present of the municipal planning commission or governing
body, or both. For a legal protest, written instruments signed by the owners of at least 20
percent of the area of the lots or land immediately adjoining the area covered by the proposed
replat and extending 200 feet from that area, but within the original subdivision, must be filed
with the municipal planning commission or governing body, or both, prior to the close of the
public hearing.
(d) In computing the percentage of land area under Subsection (c), the area of streets
and alleys shall be included.
(e) Compliance with Subsections (c) and (d) is not required for approval of a replat of part
of a preceding plat if the area to be replatted was designated or reserved for other than single or
duplex family residential use by notation on the last legally recorded plat or in the legally
recorded restrictions applicable to the plat.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71 st Leg., ch.
345, 2 to 5, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 1046, § 3, eff. Aug. 30, 1993.
§ 212.016. Amending Plat
(a) The municipal authority responsible for approving plats may approve and issue an
amending plat, which may be recorded and is controlling over the preceding plat without
vacation of that plat, if the amending plat is signed by the applicants only and is solely for one or
more of the following purposes:
(1) to correct an error in a course or distance shown on the preceding plat;
(2) to add a course or distance that was omitted on the preceding plat;
(3) to correct an error in a real property description shown on the preceding plat;
(4) to indicate monuments set after the death, disability, or retirement from practice
of the engineer or surveyor responsible for setting monuments;
(5) to show the location or character of a monument that has been changed in
location or character or that is shown incorrectly as to location or character on the preceding
plat;
(6) to correct any other type of scrivener or clerical error or omission previously
approved by the municipal authority responsible for approving plats, including lot numbers,
acreage, street names, and identification of adjacent recorded plats;
(7) to correct an error in courses and distances of lot lines between two adjacent
lots if:
(A) both lot owners join in the application for amending the plat;
(B) neither lot is abolished;
(C) the amendment does not attempt to remove recorded covenants or
restrictions; and
(D) the amendment does not have a material adverse effect on the property
rights of the other owners in the plat;
(8) to relocate a lot line to eliminate an inadvertent encroachment of a building or
other improvement on a lot line or easement;
(9) to relocate one or more lot lines between one or more adjacent lots if:
(A) the owners of all those lots join in the application for amending the plat;
(B) the amendment does not attempt to remove recorded covenants or
restrictions; and
(C) the amendment does not increase the number of lots;
3*'/pt
3 -~u 03
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GARRETT ENGINEERING
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Received
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R.W DUDLEY GENERAL CONTRACTORS
026942
CHECK DATE: 03/24/2003 CHECK NO: 26942
•
INV. DATE
DESCRIPTION
• AMOUNT
ADJUSTMENTS
NET AMOUNT
03-24-03
VENDOR •
03/24/2003
VEN
PARKLAND DED
DOR NAME
CATION 556.00
TOTAL GROSS
TOTAL ADJ.
556.00
TOTAL NET
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CITYL
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03/24/2003 13:56 4093614487
BUDDY WINN
STATEMENT OF ACCOUNT
This L5 stateme,t or` taxes paid , due i,
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PAGE 01
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02/19/2005 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Bryan, Stacy & Dillard, L..L. P.
Attorneys at Law
,rravis !3. Bryan, III
Board Certified Criminal I.Hw
Texas Board I..cgal Specialization
Pierce I'. Stacy, III
Board Certified Conmiercitd Kcal E9ralc Law
Texas Board Lcgal Specialization
Jack W. IDillard
Board C:eriificd Civil Trial Law
Texas r3oHrd Legal Specialization
Craig M. Greavee
Allomcy
VIA FACSIMILE NO. 776-2235
February 13, 2003
Mr. Mark Dudley
R. M. Dudley Construction Company, Inc.
11370 State Highway 30
College Station, Texas 77845
RE: Waterline on easement over Koppc Bridge property on Highway 30
Dear Mark:
Post Office Boa 192
Bryan, Texas 77806
102 EasL 26th Street
Bryan, Testis 77803
Telephone: (979) 775-3900
Fax: (979) 775-2021
As you know, I represent Deiph Ross with respect to the above referenced matter. This is a
follow-up to our telephone conversation yesterday. I have spoken with Bret McCully with the City of
College Station. He informed me that as of this date, you do not have plans which have been approved
by the City for the laying of the line as you propose. Therefore, you have p outho rity to be&
construction of any sort on the easement.
1 understand from our conversation with Mr. McCully that an option for you to oonsider would
be to lay the line along the Pamela Road right-of-way. He indicated that he had suggested this
alternative. It appears that this would be less costly and obviously, cause less heartache or problems
for you as well as the Rosses. This option would allow you to avoid the cost associated with the
restoration of the Ross' property, both now and that may be necessary in the future. If is our concern
that any type of digging followed by attempted restoration of the parking lot will not solve the problem,
and there will be a need for additional restoration in the future- We hope that you will give strong
consideration to the Pamela Lane option. It is our understanding that your engineer is familiar with this
and that the City has provided you with comments concerning the same.
I assure you that Mr. Ross wants to resolve this amicably. However, you must recognize and
understand that at this time you do not have authority to begin digging on their property. I suggest that
we discuss this with Mr. McCully at the City of College Station and attempt to resolve this to the
satisfaction of all concerned.
2002
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Mr. Mark Dudley
February 13, 2003
Page 2
JWD/lp
& DILLARD, L.L.P.
Z003
xc: Mr. Delph Ross
Sincerely,
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Bryan, Stacy & Dillard, L. L. P.
Attorijeps at Lam,
Travis 0, Bryan, Ili
Board Certified Criminal ljaw
Texas Board 1,cgal Specialization
Pierce P. Stacy, III
Board Certified Commercial Kcal Estale Law
Texas Board Legal Specialization
Jack W. Dillard
Board Cerlificd Civil Trial Law
Texas Board Legal Specialization
Craig M. Greavcc
Allomcy
n4 FACSIMILE NO. 776-2235
February 13, 2003
Mr. Mark Dudley
R. M. Dudley Construction Company, Inc.
11370 State Highway 30
College Station, Texas 77845
RE: Waterline on casement over Koppe Bridge property on Highway 30
Dear Mark:
Post Office Box 192
Bryan, Texas 77806
102 East 26th Street
Bryan, Texas 77803
Telephone: (979) 775-39UU
Fax: (979) 775-2021
As you know, l represent Dolph Ross with respect to the above referenced matter. This is a
follow-up to our telephone conversation yesterday. I have spoken with Bret McCully with the City of
College Station. He informed me that as of this date, you do not have plans which have been approved
by the City for the laying of the line as you propose. Therefore, you have m authoft to begin
construction of any sort on the easement.
1 understand from our conversation with Mr. McCully that an option for you to oonsider would
be to lay the line along the Pamela Road right-of-way. He indicated that he had suggested this
alternative. It appears that this would be less costly and obviously, cause less heartache or problems
for you as well as the R.osses. This option would allow you to avoid the cost associated with the
restoration of the Ross' property, both now and that may be necessary in the future. It is our concern
that any type of digging followed by attempted restoration of the parking lot will not solve the problem,
and there will be a need for additional restoration in the future. We hope that you will give strong
consideration to the Pamela Lane option. It is our understanding that your engineer is familiar with this
and that the City has provided you with comments concerning the same.
I assure you that Mr. Ross wants to resolve this amicably. However, you must recognize and
understand that at this time you do not have authority to begin digging on their property. I suggest that
we discuss this with Mr. McCully at the City of College Station and attempt to resolve this to the
satisfaction of all concerned.
0002
02/13/2003 THU 12:18 FAX 979 775 2021 BRYAN STACY DILLARD
Mr. Mark Dudley
February 13, 2003
PW2
JWD/1p
AD, L.L.P.
Z003
xc: Mr. Delph Ross
Sincerely,
d4o.~I~IeqA
Texas Natural Resource Conservation Commission Page 47
Chapter 290 - Public Drinking Water
(i) Where a new potable waterline parallels an existing, non-pressure or
pressure rated wastewater main or lateral and the licensed professional engineer licensed in the State of
Texas is able to determine that the existing wastewater main or lateral is not leaking, the new potable
waterline shall be located at least two feet above the existing wastewater main or lateral, measured
vertically, and at least four feet away, measured horizontally, from the existing wastewater main or
lateral. Every effort shall be exerted not to disturb the bedding and backfill of the existing wastewater
main or lateral.
(ii) Where a new potable waterline parallels an existing pressure rated
wastewater main or lateral and it cannot be determined by the licensed professional engineer if the
existing line is leaking, the existing wastewater main or lateral shall be replaced with at least 150 psi
pressure rated pipe. The new potable waterline shall be located at least two feet above the new
wastewater line, measured vertically, and at least four feet away, measured horizontally, from the
replaced wastewater main or lateral.
(iii) Where a new potable waterline parallels a new wastewater main,
the wastewater main or lateral shall be constructed of at least 150 psi pressure rated pipe. The new
potable waterline shall be located at least two feet above the wastewater main or lateral, measured
vertically, and at least four feet away, measured horizontally, from the wastewater main or lateral.
(B) New Waterline Installation - Crossing Lines.
(i) Where a new potable waterline crosses an existing, non-pressure
rated wastewater main or lateral, one segment of the waterline pipe shall be centered over the
wastewater main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet
horizontally from the centerline of the wastewater main or lateral. The potable waterline shall be at least
two feet above the wastewater main or lateral. Whenever possible, the crossing shall be centered
between the joints of the wastewater main or lateral. If the existing wastewater main or lateral is
disturbed or shows signs of leaking, it shall be replaced for at least nine feet in both directions (18 feet
total) with at least 150 psi pressure rated pipe.
(ii) Where a new potable waterline crosses an existing, pressure rated
wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater
main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet horizontally
from the centerline of the wastewater main or lateral. The potable waterline shall be at least six inches
above the wastewater main or lateral. Whenever possible, the crossing shall be centered between the
joints of the wastewater main or lateral. If the existing wastewater main or lateral shows signs of leaking,
it shall be replaced for at least nine feet in both directions (18 feet total) with at least 150 psi pressure
rated pipe.
(iii) Where a new potable waterline crosses a new, non-pressure rated
wastewater main or lateral and the standard pipe segment length of the wastewater main or lateral is at
least 18 feet, one segment of the waterline pipe shall be centered over the wastewater main or lateral
such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the
Texas Natural Resource Conservation Commission
Chapter 290 - Public Drinking Water
Page 48
centerline of the wastewater main or lateral. The potable waterline shall be at least two feet above the
wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the
wastewater main or lateral. The wastewater pipe shall have a minimum pipe stiffness of 115 psi at 5.0%
deflection. The wastewater main or lateral shall be embedded in cement stabilized sand (see
§290.44(e)(4)(B)(vi) of this title) for the total length of one pipe segment plus 12 inches beyond the joint
on each end.
(iv) Where a new potable waterline crosses a new, non-pressure rated
wastewater main or lateral and a standard length of the wastewater pipe is less than 18 feet in length, the
potable water pipe segment shall be centered over the wastewater line. The materials and method of
installation shall conform with one of the following options:
(I) Within nine feet horizontally of either side of the waterline,
the wastewater pipe and joints shall be constructed with pipe material having a minimum pressure rating
of at least 150 psi. An absolute minimum vertical separation distance of two feet shall be provided. The
wastewater main or lateral shall be located below the waterline.
(II) All sections of wastewater main or lateral within nine feet
horizontally of the waterline shall be encased in an 18 foot (or longer) section of pipe. Flexible encasing
pipe shall have a minimum pipe stiffness of 115 psi at 5.0% deflection. The encasing pipe shall be
centered on the waterline and shall be at least two nominal pipe diameters larger than the wastewater
main or lateral. The space around the carrier pipe shall be supported at five-foot (or less) intervals with
spacers or be filled to the springline with washed sand. Each end of the casing shall be sealed with water
tight non-shrink cement grout or a manufactured water tight seal. An absolute minimum separation
distance of six inches between the encasement pipe and the waterline shall be provided. The wastewater
line shall be located below the waterline.
(III) When a new waterline crosses under a wastewater main
or lateral, the waterline shall be encased as described for wastewater mains or laterals in subclause (II)
of this clause or constructed of ductile iron or steel pipe with mechanical or welded joints as appropriate.
An absolute minimum separation distance of one foot between the water line and the wastewater main or
lateral shall be provided. Both the waterline and wastewater main or lateral must pass a pressure and
leakage test as specified in AWWA C600 standards.
(v) Where a new potable waterline crosses a new, pressure rated
wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater line
such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the
centerline of the wastewater main or lateral. The potable waterline shall be at least six inches above the
wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the
wastewater main or lateral. The wastewater pipe shall have a minimum pressure rating of at least 150
psi. The wastewater main or lateral shall be embedded in cement stabilized sand (see clause (vi) of this
subparagraph) for the total length of one pipe segment plus 12 inches beyond the joint on each end.
Texas Natural Resource Conservation Commission
Chapter 290 - Public Drinking Water
Page 49
(vi) Where cement stabilized sand bedding is required, the cement
stabilized sand shall have a minimum of 10% cement per cubic yard of cement stabilized sand mixture,
based on loose dry weight volume (at least 2.5 bags of cement per cubic yard of mixture). The cement
stabilized sand bedding shall be a minimum of six inches above and four inches below the wastewater
main or lateral. The use of brown coloring in cement stabilized sand for wastewater main or lateral
bedding is recommended for the identification of pressure rated wastewater mains during future
construction.
(5) Waterline and Wastewater Main or Lateral Manhole or Cleanout Separation. The
separation distance from a potable waterline to a wastewater main or lateral manhole or cleanout shall be
a minimum of nine feet. Where the nine-foot separation distance cannot be achieved, the potable
waterline shall be encased in a joint of at least 150 psi pressure class pipe at least 18 feet long and two
nominal sizes larger than the new conveyance. The space around the carrier pipe shall be supported at
five feet intervals with spacers or be filled to the spring line with washed sand. The encasement pipe
shall be centered on the crossing and both ends sealed with cement grout or manufactured sealant.
(6) Location of Fire Hydrants. Fire hydrants shall not be installed within nine feet
vertically or horizontally of any wastewater main, wastewater lateral or wastewater service line
regardless of construction.
(7) Location of Potable or Raw Water Supply or Suction Lines. Suction mains to
pumping equipment shall not cross wastewater mains, wastewater laterals or wastewater service lines.
Raw water supply lines shall not be installed within five feet of any file or concrete wastewater main,
wastewater lateral, or wastewater service line.
(8) Proximity of Septic Tank Drainfields. Waterlines shall not be installed closer than ten
feet to septic tank drainfields.
(f) Sanitary precautions and disinfection. Sanitary precautions, flushing, disinfection procedures
and microbiological sampling as prescribed in AWWA standards for disinfecting water mains shall be
followed in laying waterlines.
(1) Pipe shall not be laid in water or placed where it can be flooded with water or
sewage during its storage or installation.
(2) Special precautions must be taken when water lines are laid under any flowing or
intermittent stream or semipermanent body of water such as marsh, bay or estuary. In these cases, the
water main shall be installed in a separate watertight pipe encasement and valves must be provided on
each side of the crossing with facilities to allow the underwater portion of the system to be isolated and
tested to determine that there are no leaks in the underwater line. Alternately, and with the permission of
the executive director, the watertight pipe encasement may be omitted.
(3) New mains shall be thoroughly disinfected in accordance with AWWA Standard
C651 and then flushed and sampled before being placed in service. Samples shall be collected for
.E i zov~d
gall
gdt
v
HARVEY HILLSIDES ARCHITECTURAL CONTROL COMMITTEE
15 Ranchero Drive,
College Station, Tx
77845-9405
October 30, 2002
Messrs. Pat and Joe Marek
2112 Southwood Drive
College Station, 'T'exas 77840
Gentlemen:
The Harvey Hillsides Architectural Control Committee has reviewed
the plans and specifications for your Stop and Store Mini-Storage
facility at 3820 Harvey Road (Block 4 of the Harvey Hillsides
Addition).
The Committee approved your development with the following
contingencies:
a. To promote security, the rear gate to the facility will
be kept closed and securely locked except during actual use
by authorized personnel.
b. Exterior lighting will be directed inward at the rear
and sides of the property to avoid creating a nighttime nuisance
to neighboring dwellings and businesses. There will be no
lighting on poles.
C. Because of the flooding experienced in the past, the
Committee requests a letter from a registered civil engineer
stating that the surface water flow from the property following
completion of the project will not exceed the flow prior to
the land being developed. We further request this letter be
received by the Committee prior to the start of construction.
The Committee welcomes you to the Harvey Hillsides Community
and extends best wishes for successful completion of your
development.
FOR THE COMMITTEE:
John R. Vilas
\ Chairman
CF: /City of Colleqe Station Development Services
Committee members
(2) a notarized affidavit by the person requesting service that states that the
property was sold or conveyed to that person before September 1, 1995, and that construction
of a residence on the land, evidenced by at least the existence of a completed foundation, was
begun on or before May 1, 1997.
(f) A person requesting service may obtain a certificate under Subsection (c)(4)(B) only if
the person provides to the municipal authority responsible for approving plats an affidavit that
states that the property was not sold or conveyed to that person from a subdivider or the
subdivider's agent after September 1, 1995.
(g) On request, the municipal authority responsible for approving plats shall provide to the
attorney general and any appropriate local, county, or state law enforcement official a copy of
any document on which the municipal authority relied in determining the legality of providing
service.
(h) This section may not be construed to abrogate any civil or criminal proceeding or
prosecution or to waive any penalty against a subdivider for a violation of a state or local law,
regardless of the date on which the violation occurred.
(i) In this section:
(1) "Foundation" means the lowest division of a residence, usually consisting of a
masonry slab or a pier and beam structure, that is partly or wholly below the surface of the
ground and on which the residential structure rests.
(2) "Subdivider" has the meaning assigned by Section 232.021.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71 st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989; Acts 1989, 71 st Leg., ch.
624, § 3.01, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1062, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 62, § 18.34, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch.
404, § 2, eff. Sept. 1, 1999.
§ 212.013. Vacating Plat
(a) The proprietors of the tract covered by a plat may vacate the plat at any time before
any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring
the plat vacated is approved and recorded in the manner prescribed for the original plat.
(b) If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on
the application of all the owners of lots in the plat with approval obtained in the manner
prescribed for the original plat.
(c) The county clerk shall write legibly on the vacated plat the word "Vacated" and shall
enter on the plat a reference to the volume and page at which the vacating instrument is
recorded.
(d) On the execution and recording of the vacating instrument, the vacated plat has no
effect.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 212.014. Replatting Without Vacating Preceding Plat
A replat of a subdivision or part of a subdivision may be recorded and is controlling over the
preceding plat without vacation of that plat if the replat:
(1) is signed and acknowledged by only the owners of the property being replatted;
(2) is approved, after a public hearing on the matter at which parties in interest and
citizens have an opportunity to be heard, by the municipal authority responsible for approving
plats; and
(3) does not attempt to amend or remove any covenants or restrictions.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 212.0145. Replatting Without Vacating Preceding Plat: Certain Subdivisions
(a) A replat of a part of a subdivision may be recorded and is controlling over the
preceding plat without vacation of that plat if the replat:
(1) is signed and acknowledged by only the owners of the property being
replatted; and
(2) involves only property:
(A) of less than one acre that fronts an existing street; and
(B) that is owned and used by a nonprofit corporation established to assist
children in at-risk situations through volunteer and individualized attention.
(b) An existing covenant or restriction for property that is replatted under this section does
not have to be amended or removed if:
(1) the covenant or restriction was recorded more than 50 years before the date of
the replat; and
(2) the replatted property has been continuously used by the nonprofit corporation
for at least 10 years before the date of the replat.
(c) Sections 212.014 and 212.015 do not apply to a replat under this section.
Added by Acts 1999, 76th Leg., ch. 1130, § 1, eff. June 18, 1999.
§ 212.015. Additional Requirements for Certain Replats
(a) In addition to compliance with Section 212.014, a replat without vacation of the
preceding plat must conform to the requirements of this section if:
(1) during the preceding five years, any of the area to be replatted was limited by
an interim or permanent zoning classification to residential use for not more than two residential
units per lot; or
(2) any lot in the preceding plat was limited by deed restrictions to residential use
for not more than two residential units per lot.
(b) Notice of the hearing required under Section 212.014 shall be given before the 15th
day before the date of the hearing by:
(1) publication in an official newspaper or a newspaper of general circulation in the
county in which the municipality is located; and
(2) by written notice, with a copy of Subsection (c) attached, forwarded by the
municipal authority responsible for approving plats to the owners of lots that are in the original
subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most
recently approved municipal tax roll or in the case of a subdivision within the extraterritorial
jurisdiction, the most recently approved county tax roll of the property upon which the replat is
requested. The written notice may be delivered by depositing the notice, properly addressed
with postage prepaid, in a post office or postal depository within the boundaries of the
municipality.
(c) If the proposed replat requires a variance and is protested in accordance with this
subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at
least three-fourths of the members present of the municipal planning commission or governing
body, or both. For a legal protest, written instruments signed by the owners of at least 20
percent of the area of the lots or land immediately adjoining the area covered by the proposed
replat and extending 200 feet from that area, but within the original subdivision, must be filed
with the municipal planning commission or governing body, or both, prior to the close of the
public hearing.
(d) In computing the percentage of land area under Subsection (c), the area of streets
and alleys shall be included.
(e) Compliance with Subsections (c) and (d) is not required for approval of a replat of part
of a preceding plat if the area to be replatted was designated or reserved for other than single or
duplex family residential use by notation on the last legally recorded plat or in the legally
recorded restrictions applicable to the plat.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71 st Leg., ch.
345, 2 to 5, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 1046, § 3, eff. Aug. 30, 1993.
§ 212.016. Amending Plat
(a) The municipal authority responsible for approving plats may approve and issue an
amending plat, which may be recorded and is controlling over the preceding plat without
vacation of that plat, if the amending plat is signed by the applicants only and is solely for one or
more of the following purposes:
(1) to correct an error in a course or distance shown on the preceding plat;
(2) to add a course or distance that was omitted on the preceding plat;
(3) to correct an error in a real property description shown on the preceding plat;
(4) to indicate monuments set after the death, disability, or retirement from practice
of the engineer or surveyor responsible for setting monuments;
(5) to show the location or character of a monument that has been changed in
location or character or that is shown incorrectly as to location or character on the preceding
plat;
(6) to correct any other type of scrivener or clerical error or omission previously
approved by the municipal authority responsible for approving plats, including lot numbers,
acreage, street names, and identification of adjacent recorded plats;
(7) to correct an error in courses and distances of lot lines between two adjacent
lots if:
(A) both lot owners join in the application for amending the plat;
(B) neither lot is abolished;
(C) the amendment does not attempt to remove recorded covenants or
restrictions; and
(D) the amendment does not have a material adverse effect on the property
rights of the other owners in the plat;
(8) to relocate a lot line to eliminate an inadvertent encroachment of a building or
other improvement on a lot line or easement;
(9) to relocate one or more lot lines between one or more adjacent lots if:
(A) the owners of all those lots join in the application for amending the plat;
(B) the amendment does not attempt to remove recorded covenants or
restrictions; and
(C) the amendment does not increase the number of lots;
3*'/pt
3 -~u 03
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GARRETT ENGINEERING
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We Are Sending You : Ha=svith _ Uttctur S Cover Ilse i:'vilowing:
Copies owe Description
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Received
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R.W DUDLEY GENERAL CONTRACTORS
026942
CHECK DATE: 03/24/2003 CHECK NO: 26942
•
INV. DATE
DESCRIPTION
• AMOUNT
ADJUSTMENTS
NET AMOUNT
03-24-03
VENDOR •
03/24/2003
VEN
PARKLAND DED
DOR NAME
CATION 556.00
TOTAL GROSS
TOTAL ADJ.
556.00
TOTAL NET
00
556
CITYL
CITY OF CO
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03/24/2003 13:56 4093614487
BUDDY WINN
STATEMENT OF ACCOUNT
This L5 stateme,t or` taxes paid , due i,
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BRAZOS COUNTY TAX OP iCE
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PAID BILLS SUMMARY
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