HomeMy WebLinkAbout03-00500154- 00076401 /54
TRANSMISSION VERIFICATION REPORT
TIME : 02/03/2004 11:55
NAME : COCS DEVELOPMENT SER
FAX : 9797643496
TEL : 9797643570
SER.# : BROE2J341073
DATE,TIME 02/03 11:53
FAX NO. /NAME 98463094
DURATION 00:02:02
PAGE(S) 04
RESULT OK
MODE STANDARD
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CITY OF COLLEGE STATION
DEVELOPMENT SERVICES
1101 Texas Avenue South, PO Box 9960
College Station, Texas 77842
Phone (979)764 -3570 / Fax (979)764 -3496
TO: £ &fKtH
FROM: Susan Hazlett, Staff Assistant
DATE: February 3, 2004
RE: StaffRepurt
P&Z Meeting, February 5, 2004
Following this coversheet is a copy of the Staff Report that was prepared for the following
project. Please keep in mind that staffs responsibility is to provide the Planning & Zoning
Commission with all pertinent facts of a development case, but that staff is not acting as an
advocate for the applicants. Therefore, it is in the applicant's best interest to send a
Page 1 of 1
Susan Hazlett - Benjamin Graham Subdivision
From: Katy Elmendorf
To: Katy Elmendorf; predevelopment meetings
Date: 6/9/03
Time: 3:00 PM - 4:00 PM
Subject: Benjamin Graham Subdivision
Place: ADMINISTRATIVE CONFERENCE ROOM #3
CC: Administrative Conference Room # 3
Sue (Garrett Engineering) 846 -2688
5 acres next to recently platted Benjamin Graham Subdivision.
- -8 - {@ Katy Elmendorf @ } -8 --
Customer Service Representative
Development Services
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PRELIMINARY INFORMATION
FOR
PRE - DEVELOPMENT MEETING
5.02 Acre Tract (Called 5.00 Acres)
4296 Koppe Bridge Road, College Station, TX 77845
Benjamin Graham Subdivision
Volume 12 Page 394
Brazos County, Texas
Client:
Bonnie & Deborah Bird
Phone: 690 -6983
Mobile: 255 -2585
Engineer/ Surveyor:
Garrett Engineering
Phone: 846 -2688
Fax : 846-3094
08/04/03 08:20 $409 775 0453 BRAZOS CO RD &BR Z001
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BRAZOS COUNTY ROAD & BRIDGE DEPT.
FACSIMILE TRANSMISSION COVER SHEET
Total number of pages (including cover sheet)
Date: fR 0 -- (,3
To: zee,G i %iz
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Fax No: 76 V - 3 dizoi,r) J .90
From: xy
Brazos County Road and Bridge Department
2617 Highway 21 West
Bryan, Texas 77803
Office # 979 -822 -2127
Fax # 979 - 775 -0453
Comments: J,ts_ e ...( c ZF_I/r_, 2_L u .
4/0,6_ ig-r--ti t_ i 7
08/04/03 08:21 '$`409 775 0453 BRAZOS CO RD &BR 1 2 002
BRUCHEZ, GOSS, THORNTON,
MERONOFF & HAWTHORNE
A Professional Corporation
ATTORNEYS AT LAW
4343 Carter Creek Pkwy, Suite 100
Bryan, Texas 77802
(979) 268-4343
FAX; (979) 25323
ERNEST V. BRUCHEZ ' PATRICIA E. MERONOFF
Board Certified — Oil, Gras and Mineral Law WILLIAM S. THORNTON. JR.
Texas Board of Legal Specialization KYLE IIAWTHORNE
JAY R. GOSS
Board Certified — Civil Trial Law
- Personal Injury Trial Lew
Texas Board of Legal Specialization
July 29, 2003
Mr. Ray Crow
Brazos County Road and Bridge Department
2617 Highway 21 West
Bryan, TX 77803
Re: Replat request; Bennie and Deborah Bird
Dear Ray:
You recently discussed with me the proposed replat of the Benjamin Graham Subdivision
submitted by Bennie and Deborah Bird. It is my understanding that this subdivision lies within
the ETJ of the City of College Station. This replat is proceeding through the City of. College
Station's replatting process, but was recently directed to you by the City relative to the issue of a
roadway.
The Plat of the Benjamin Graham subdivision was done in the late 1800's. On that
original Plat there appears a road right-of- -way. This right -of -way is being eliminated in the
proposed replat by the Bird's_ The question from the City was what the County's position would
be with regard to this elimination. I think that the County Commissioners Court can consider this
replat which eliminates this right- of-way. Although this right -of -way appears on this old plat, a
road was never constructed on this land. The land has always been used as if no such right-of-
way existed. The County never accepted this land for right -of -way purposes and therefore, I do
not think that the County is in a position to assert that it ever had dedicated to it, a right -of -way.
The County would therefore, be in a position to approve such a replat eliminating this right-of-
way.
The second issue that needs to be addressed is the issue of a .24 acre tract of land, which
is included in this proposed replat. This .24 acre tract of land lies within the proposed replatted
area. Bennie and Deborah Bird, the applicants to this replat, however do not have record legal
title to this property. Pursuant to their communications with the City and the County, they are
claiming title to this property as a result of adverse possession. I do not believe that the
08/04/03 08:21 $409 775 0453 BRAZOS CO RD &BR 2003
Commissioners Court is in a position to replat a piece of property based upon a claim of adverse
possession. I believe that if the Bird's wish to have this property included within this replat that
they will need to establish record title. Title by adverse possession is typically established by a
declaratory judgment action in a District Court. Sp would tell the City of College Station, that
record title would have to be shown to be in the Bird's before the County would be in a position
to move forward on this request.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Patricia E. Mero off
03- 307I:PEM/Jm