HomeMy WebLinkAboutMisc.Form ROW - A -5
Rev. 3/2004
Description of the Subject Remainder
The subject remainder consists of a 1.651 acres (71,918 SF) improved with a 3,557 SF restaurant.
The restaurant is located on the westerly 1.151 acres with the land area east of the building (0.5
acres) being vacant. Additional site improvements include the 612 SF covered outdoor dining area,
18,869 SF of crushed rock, 4,700 SF of landscaping, the 105 SF storage building, and the septic
system. In order to assist the appraiser in the analysis of the subject property, a land plan report
was prepared by Carson Planners at the request of TxDOT. A copy of the report, dated December
6, 2004, was provided to the appraiser and is included herein by reference. Based on the land plan
prepared by Carson Planners, the crushed rock on the subject remainder is capable of providing
38 parking spaces.
The front, or west side of the building improvement is located 54 feet from the proposed right of
way line. The proposed project is to widen FM 2154 to six lanes. The proposed road
improvements will include curb and gutter.
Highest and Best Use Analysis
After the acquisition, the subject remainder will consists of 1.651 acres improved with a 3,557 SF
restaurant. The restaurant is located on the westerly 1.151 acres, with the easterly 0.5 acres being
vacant. Prior to the acquisition, the property had 58 available parking spaces. The acquisition
contains 20 parking spaces along the front of the property with the remainder having 38 parking
spaces. This calculates to one space per 94 SF of building area. As is, the subject improvements
can continue to be used for restaurant; however, the 38 parking spaces on the remainder will not
be adequate according to the land plan. The land plan indicates that the 20 spaces located in the
acquisition can be replaced on the north side of the restaurant by extending the parking lot to the
east. The existing 105 SF storage building located on the north side of the restaurant will have to
be relocated. In addition, an electric pole located near the storage building will require relocation.
The restaurant is located 54 feet from the proposed right of way line. This will be adequate room
to retain the row of head in parking that presently exists in front of the restaurant.
Legally, the remainder can continue to be used for a restaurant. The City of College Station will
allow the parking area to be replaced in order to have 58 parking spaces on the remainder, as in
the whole. According to the land plan, the City of College Station will require that the replaced
parking be paved and that landscaping is to be installed where possible. Exhibit B of Carson
Planners report provides a layout in which the parking is replaced based on City of College Station
requirements.
Feasible use of the subject remainder includes continued use of the building for a restaurant, with
the parking replaced as identified in Exhibit B of the land plan. Based on a discussion with Carson
Planners, it is estimated that the parking areas on the north and west (front) side of the restaurant
will be required to be paved. This area totals approximately 20,300 SF of area. The crushed rock
parking area located on the south side of the building is not impacted and will not be required to
be paved. The easterly approximately one -half acre of the subject is estimated to be surplus land
as in the appraisal of the whole. A copy of Exhibit B of the land plan is included on the following
page.
The highest and best use of the subject remainder is concluded to be for continued use for
restaurant; with the acquired parking replaced on the subject remainder. The easterly 0.5 acres
of the subject is surplus land capable of supporting expansion of the existing use.
Page 5.1
' Fax:979 +778 -9705
Apr 25 2005 11:08 P.02
• M,I�w,iM, , - '
Form ROW -RM -129
Replaces Form ROW -RM -129 and ROW -RM -130
Rcv, 9/2003
OSD -EPC
Page 1 of 2
AGREEMENT TO
County: Brazos Federal Project N
ROW Account No; 8017 -1-63 Highway: FM 21`
FUNDS - LOCAL GOVERNMENT
ROW CSJ No: 0540 -04 -056
This Agreement by and between the State of T
Transportation, hereinafter called the State, and the C
authorized officials pursuant to a Resolution dated the
called the Local Government, shall be effective on i
State.
WHEREAS, the State and the Local Government
tight of way for a highway project on Highway No, l
From 0.3 mile North of FM 2818
s, acting by and through the Texas Department of
of College Station, Texas, acting by and through its duly
- day of 2004, hereinafter
date of approval and exegfition by and on behalf of the
eby agree to enter into a contractual agreement to acquire
2154 with the following project limits:
To: 0.6 mule South of Proposed SH 40; and
WHEREAS, the Local Government requests that the
right of way for said highway project; and
assume responsibility for acquisition of all necessary
WAS, the Local Government desires to vc
defined in 43 TAC, § 15.55 for the cost of acquiring
Highway System;
NOW, THEREFORE, in consideration of the foregon
therefrom, the Local Government shall contribute to t
of the right of way to be acquired by the State and shat
warrant or check payable to the Texas Department of T
Thousand and 00/100—Dollars ($190,000.00), whic
Hundred Thousand and 001100 ---- Dollars ($1,900,0
however, it is found that this amount is insufficient to I
Government will within thirty (30) days after receipt c
transmit to the State such supplemental amount as is re
the event the total amount as paid by the Local Govern
the right of way, any excess amount will be returned to
Government shall return this agreement, duly execute
commissioner's court.
In the event any existing, future, or proposed Local Go
policy, or other directive, including but not limited to t]
than State law, policy, or directive, and thereby result i
pay one hundred percent (100%) of all such increased
mo c
economically disadvantaged county. The aunt of the
proposed Local Government ordinance, order, rule, pc
its sole discretion.
The cost of providing such right of way acquired by
either through negotiations or eminent domain prod
dly contribute to the State funding participation as
right of way for the proper improvement of the State
g premises and the mutual benefits to be derived
e State an amount equal to ten percent (10%) of the cost
transmit to the State, on or before October 30, 2004, a
ansportation in the =cunt of One Hundred Ninety
i represents ten percent (10%) of One Million Nine
100), the estimated total cost of the night of way. If
�y the Local Government's obligation, then the Local
a written request from the State for additional funds,
uested. Upon completion of the highway project and in
neat is more, than ten percent (10%) of the actual cost of
he Local Government by the State. The Local
by the Local Government, upon approval by the city
, ernment ordinance, commissioners court order, rule,
ose concerning outdoor advertising, are more restrictive
L any increased costs, then the Local Government will
)sts, even if the applicable county qualifies as an
increased costs associated with the existing, future, or
icy, or other directive will be determined by the State �t
I
State shall mean the total value of compensation paid,
lgs, to the owners for their property interests, including;
Fax:979 +778 -9705
F&M ROW- RMr
Rev. 9/2003
PWI of2
but not limited to utility owners involving expenses rel
utilities. The Laical Government shall maintain all bo
relating to costs incurred under this agreement and shat
federally funded, the Federal Highway Administration
and inspection at its office during the contract period ai
defined under this agreement or until any impending lit
FHWA and their duly authorized representatives shall 1
applicable to this agreement for the purpose of making
State auditor may conduct an audit or investigation of i
agreement or indirectly through a subcontract under thi
agreement or indirectly through a subcontract under thi
auditor, under the direction of the legislative audit comp
with those funds.
THE. LOCAL GOVERNMENT
City of College Station
B y.:
Title:
Date:
E ON RECOMMENDED:
d i669 - tric En ter, Bryan District
THE STATE OF TEXAS
Executed and approved for the Texas Transportatifld
Commission for the purpose and effect of activating!
and/or carrying out the orders, established policies of
work programs heretofore approved and authorized by
the Texas Trapspw=o *Commission. J^
ohn P, Camp
Right of Way Division Director
Apr 25 2005 11:09 P.03
ed to the relocation, removal or adjustment of eligible
papers, accounting records and other documentation,
make such materials available to the State and, if
A) or their duly authorized representatives for revii
for four (4) years from the date of completion of work
anon, or claims are resolved. Additionally, the State a
ve access to all the governmental records that are direct
Bits, examinations, excerpts, and transcriptions. The
y entity receiving funds from the State directly under d
agreement. Acceptance of funds directly under this
agreement acts as acceptance of the authority of the Std
�ittee, to conduct an audit or investigation in conneetioat
May 16, 2005
Delph Ross
Koppe Bridge
Dear Mr. Ross,
I am writing in regard to the effect that the proposed widening of FM 2154 has on your property. Article 9
Section 9.5.D of the Unified Development Ordinance (UDO) states;
"Any lot made nonconforming solely by means of area dedicated, condemned, sold or otherwise
conveyed for public right -of -way shall be allowed to pursue any allowed use as if such area were a part
of the remaining lot, except that all applicable setbacks shall be adhered to."
The City of College Station does not require that the parking spaces lost due to the increased right -of -way on
Wellborn Road be replaced. I understand that you feel that those parking spaces must be replaced to keep the
use of the property viable. The City will allow you to replace the 16 gravel parking spaces affected by the
proposed right -of -way boundary with 16 additional gravel parking spaces located elsewhere on your property.
The location of the additional gravel parking must be at a location approved by the City.
Any other proposed site improvements will not fall under this grandfathering of the site's nonconformity.
Additional voluntary improvements to your property must be made in conformance with the requirements of
the UDO.
If I can answer any questions regarding this issue please give me a call at 764 -3690.
Sincerely,
Mark Smith, P.E.
Director of Public Works
City of College Station
cc: Bob Appleton, TxDOT
Alan Gibbs, Assistant City Engineer
Harvey Cargill, City Attorney
Joey Dunn, Director of Planning & Development Services