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HomeMy WebLinkAboutWellborn_Report2011 Surveyor’s Report – Wellborn Annexation Area – Fall 2011 Context In the Spring of 2011, Joe Orr, Inc. was contracted to prepare survey plats and written boundary descriptions for the proposed annexation of approximately 650 acres adjoining existing City boundaries, bisected by Wellborn Road (F.M. 2154), and including the community of Wellborn. While assembling and reviewing many deeds and plats, it became obvious that a surveying puzzle was unfolding. The property descriptions in several current deeds included portions of rights-of-way (R.O.W.s) that had been dedicated to the public by plat, or conveyed to the railroad companies by deed or condemnation. Also, it appeared that a recorded vacating and subdivision plat, dated 1986, had been ignored in a resubdivision plat dated 2004. For the annexation boundary, resolving title conflicts to determine true ownership boundaries was not required, so these conflicts did not stand in the way of completing the survey in a timely manner. Lance Simms, with the City Planning and Development department, was advised of the discovery of conflicts between public R.O.W.s and private ownership, and that more time was needed to research and document them. It was decided to wait on the additional research to see if the City followed through with the annexation of the area. Otherwise the problem would remain a ‘County’ one, not a ‘City’ issue. After the annexation of the area did occur, Lance arranged for the City to contract with our firm, Joe Orr, Inc., to identify the R.O.W. conflicts. The research was mostly limited to the boundary of the Benjamin Graham Subdivision of the Andrew McMahon survey. After much more deed research, than had been done to complete the annexation survey, two exhibit maps were prepared to graphically display the conflicts discovered. It was necessary to use color for clarity, with lines in black ink showing current deed and plat lines. Other colors were used for notes and older plats. Shaded areas are public rights-of-way (R.O.W) which seem to be in conflict with current plats and deeds. The following is an explanation of what is being shown on the two exhibit maps, some history and comments regarding which areas will require further title research or maybe court action to resolve. Original Owners The Republic of Texas granted two, separate 640-acre tracts in Brazos County (named “Navasota County” in 1841) to Andrew McMahon (often spelled “McMahan”). These grants were surveyed in the early 1840’s, and patented at the Texas General Land Office (GLO) on June 30, 1854. It should be noted that in most records, the abstract numbers for the two McMahon surveys have been switched. It was confirmed with the GLO, in 2011, that the McMahon survey in the Wellborn area is Abstract No. 168. McMahon survey, Abstract No. 167 is in the northwest part of the county, near Old San Antonio Road. The earliest deeds were not researched, but apparently William Farquhar conveyed J.W. Price 176 acres out of the McMahon survey, before 1860. Maps and statements in later deeds 2    indicate that the northwest boundary of the Price tract is the current location of McCullough Road and an extension of it to the southwest, across the railroad. The southeast line was apparently also the southeast line of the McMahon survey line; currently along parts of Greens Prairie and Koppe Bridge Roads. These boundaries of the Price tract form a rectangle that later became the boundary of that portion of the Benjamin Graham Subdivision within the McMahon survey. Railroad Rights-of-Way The first railroad through the area was the Houston & Texas Central, which became the Texas & New Orleans, Southern Pacific and now the Union Pacific. On Sept. 7, 1860, a deed was signed by J.W. Price, conveying a right-of-way for the railroad company's main line, as well as extra land for a side track, water station, wood yard, loading platform, warehouses, passenger and office building and streets adjacent to these facilities. The railroad tracks were finally installed in 1867, after the Civil War, but interestingly the deed from Price was not notarized until 1875 and filed in 1876 (vol. Q, pg. 514). The Brazos County Probate Records (vol. C, pg. 311) show that J.W. Price had died in June 1867. Later, a second railroad was built across the west edge of the McMahon survey; the International & Great Northern (I & GN). A right-of-way "seventy-five feet on each side of the centre of the line of railroad, as already located" was granted by the Causey and Royder families in a deed dated May 21, 1901 (vol. 24, pg. 362). This railroad later became the Missouri Pacific, and in the mid-1960s they removed their tracks south of College Station, including this section. They deeded some of their right-of-way parcels to adjacent land owners and some that had been condemned in 1901 may have reverted to the parent tracts, but not through the McMahon survey (between Koppe Bridge Road and South Dowling Road). This fact has been confirmed by the Union Pacific Railroad Right-of-Way department in 2011, as the successors to Missouri Pacific. There are currently three tracts of land on the northeast side of I & GN Road (Alexander, Silvy and CS Texas Industries) and only the Alexander deeds properly honor the railroad right-of-way deed and boundary. All of the fences are 'inside' of the 150 foot right-of-way lines, technically well into Union Pacific's land, but were used for the 2011 annexation boundary, to keep from excluding portions of the tracts being annexed. town of Wellborn [shown in blue, with vacated portions shown with dashed lines] In March 1884, the Houston and Texas Center Railway Company filed the first subdivision plat in the Andrew McMahon survey. The plat is titled "Wellborn" and is recorded in vol. Z, pg. 5, but the dedication text with the plat refers to is as "town of Wellborn" ("town" in lower-case). It created four blocks, with a total of 26 lots, each 50 feet by 150 feet, fronting on the west side of railroad, 100 feet from the centerline of the main tracks. The plat also specifically dedicated to the public, unnamed "streets and alleys" surrounding the blocks, but reserved the ownership of the 200 feet wide right-of-way, centered under the main railroad tracks. It is stated that this "railroad reservation may be used as a public highway as long as it remains open" For many years, the railroad company had platforms, depots and maybe other buildings within their right-of-way, but currently only signals and associated equipment boxes are present. In fact, most of the F.M. 2154 improvements lie within 100 feet of the railroad centerline. 3    Benjamin Graham Subdivision [shown in red, with alternate fitting shown with short dashes*] The second subdivision plat in the area is titled “Benjamin Graham – Subdivision of Andr. McMahon and Robt. Stevenson Surveys in Brazos County, Texas” and dated March 1894 (vol. 12, pg. 394). It totally surrounds the blocks and streets in the Wellborn plat, but does not vacate and resubdivide it. This plat created most of the lots, street, alley referred today as the community of Wellborn. Apparently, in the early 1890s, Benjamin Graham of New York purchased most of the Andrew McMahon survey and about 500 acres adjoining in the Robert Stevenson league. The plat has a few tracts shown with owner names (Hill, A.W. Royder, and J.H. Royder) instead of lot numbers, indicating that Graham did not purchase these, or that he had sold them before the plat was completed. The plat also shows two tracts, only labeled “Baptist Church” and “Methodist Church.” It has not been researched if these churches already owned these tracts, before the plat was filed. Benjamin Graham’s signature does not appear on the plat and the attached metes and bounds descriptions for the large lots, but there are notary and County Clerk certifications as to the plat’s authenticity. Following modern rules, the streets and alleys may not be considered public without a dedication to the public, nor any certification of the owner. Also, it is not indicated if Graham was the only landowner authorizing the preparation of this plat. If the other landowners, named on specific tracts within the plat, did not participate in the platting of the subdivision, then their tracts would not be part of the Benjamin Graham Subdivision. Note that most or all of the lots within the four blocks of the Wellborn plat (vol. Z, pg. 5) had already been sold by H&TC Railroad to various owners. The Graham plat shows these four blocks, streets and alleys, with the original Lot and Block numbers, but no owner names. The attached metes and bounds descriptions for the large lots of the Graham Subdivision, mention the “R.R. town of Wellborn” when describing adjoining lines and points. For these reasons, the Wellborn plat should be considered not affected by the Graham plat. * drafting note: The Benjamin Graham plat lacks many dimensions, bearings and curve data necessary to know how the draftsman/surveyor intended to stay parallel to the curving railroad tracts, and what direction was intended for the streets running perpendicular to the railroad. To show the ‘options’ possible, extra red lines with very short dashes were used for some of the blocks to the north and south of Block B. Results of on-the-ground surveys, indicate that Live Oak Street is not curved and the blocks between it and the railroad right-of-way are not rectangular as implied on the plat. Later Plats - West of the Railroad Surprisingly, almost 100 years passed after the Graham plat, before the next plat in the McMahon survey was recorded in 1986. But, it apparently was ignored when a replat of part of the same area was approved and recorded in 2004. “A Replat of Block 1 & Block 3 in the Benjamin Graham Subdivision” was filed April 18, 1986 (vol. 876, pg. 259). [the five lots of this plat are shown in dark green] It was subsequently refilled with a corrected metes and bounds description, on May 28, 1986 (vol. 885, pg. 819). Although this plat’s title said that it was a replat of part of the Graham subdivision, it actually was a vacating and resubdivision plat of part of the Wellborn plat (vol. Z, pg. 5). It appears that the surveyor, Holland Winder (once the Brazos Co. Engineer), did diligent work in recognizing and vacating portions of public streets and alleys established by the 1880 Wellborn plat. The vacating of the public R.O.W.s was reenforced by separate Quit Claim deeds from Brazos County (vol. 889, pg. 107). At the same time, the landowner, Brazos County Stepping 4    Stone, Inc., conveyed their interest in a 0.39 acre strip along Koppe Bridge Road, by Quit Claim deed (vol. 899, pg. 115). It should be noted that no record of ownership could be found for Rick Freeman, the supposed landowner who signed the dedication on this replat. He may have been affiliated with the owner of record, Brazos County Stepping Stone, Inc., but there is no indication of this on the separate Quit Claim deeds for the R.O.W.s. The next plat found on the west side of the railroad is titled “Replat of Lot 1 – Benjamin Graham Subdivision,” filed in July 2003 (vol. 5453, pg. 10). Although its boundary seems to conflict slightly with the adjacent 80’ street R.O.W., this plat appears to be a proper resubdivision. It also dedicated about 37 feet of R.O.W. in Koppe Bridge Road, on the southeast side. It was found that the fences in that area are not set back to this dedicated R.O.W. line, and currently there are new structures within the 25’ building setback reserve. The newest subdivision plat found in this area, west of the railroad, is titled “Replat of Lot 2 – Benjamin Graham Subdivision (12/394) and Lots 1 thro’ 5 of Block 3, Lots 1, 2 & 3, Block 1 and a part of the 80’ R.O.W. & 60’ R.O.W. Wellborn Plat (Z/8),” filed on March 2004 (vol. 5914, pg. 575). Most of this two-lot subdivision covers area previously resubdivided by the 1986 plat, but no mention of that plat, nor the lot lines and easements created by it, appear on this new replat. There is also no mention of the extra R.O.W. strip (0.39 acres) along Koppe Bridge Road, acquired by the County in 1986 (vol. 899, pg. 115). Unless there has been a proper vacating of the 1986 plat and Quit Claims, there is a major conflict existing at this location, where a strip shopping center is located. Other Title Issues - West of the Railroad With one exception, the gray-shaded areas shown on exhibit map 1, west of the railroad are portions of the public, 80 foot-wide streets/alleys dedicated on the Wellborn plat in 1884 (vol. Z, pg. 5) that are in conflict with current ownership descriptions. The exception is the previously mentioned 0.39 acre strip adjacent to Koppe Bridge Road, which is a conflict, but not part of the 1884 platted streets. At the south end of the old Wellborn plat, the current Lot 1C is shown to overlap part of the short 80 foot-wide street. This location of the short, 80 foot-wide street was not confirmed by any monuments found on the ground, at that corner, but by drafting and fitting the 1884 Wellborn plat further to the north and extrapolating the lines back to the south. All three replats (1986, 2003 and 2004) in this area, show the short, 80 foot-wide street to be angled and fitting along, but north of this Lot 1C boundary. Using this angled street fit ‘squeezes’ the west end of the Wellborn blocks, so the 50 foot-wide lots would not be rectangular, as shown on the old plat. Accurately surveying the boundaries of this conflict would be hard, but it would benefit the owners of Lot 1C and Lot 2B to have it properly vacated by the City. The 80 foot-wide street between Wellborn Block no. 1 and no. 2, as well as the 80 foot- wide street running northward, from this short street, do seem to be in major conflict with the deeds of the Edison tract, Veazey 0.94 acres, and Bokelman 0.632 acres. No record was found of a Quit Claim or vacating instrument, signed by the County. The three deeds mentioned, specifically include portions of these public R.O.W.s, but do not cite instruments which vacated them. The property description in the Veazey 41.96 acres deed (vol. 1955, pg. 23) does not specifically include the public R.O.W.s, but an affidavit was filed after the deed (vol. 2159, pg. 16). The validity of this affidavit to change the deed’s property description is in question, but it gives a revised property description and exhibit map which specifically includes portions of the R.O.W.s. Again, no instrument was cited showing that the County properly vacated the old 5    streets. Also, it should be noted that the old Wellborn jail building, constructed in the early 1900s in the 80 foot-wide street west of Block no. 2, still exists and is within the Veazey boundary as revised by the affidavit. At the north end of the Wellborn Block no. 4, is another short, 80 foot-wide street that no record of vacating has been found for. It is totally and specifically included in the described Arevalo 1.246 acre tract (vol. 3974, pg. 240). In 2011, this property was advertised at $ 145,000. With the 0.34 acres within the 80 foot-wide street constituting 28% of the Arevalo tract, this should be considered a major and valuable conflict area. The final title issue found in the 1884 Wellborn plat area is not a R.O.W. conflict. It is the fact that Lot 7, Block no. 4 has no current ownership record nor tax ID number. Complete title research was not performed, but Lot 7 was one of the first lots sold in Wellborn, by H&TC Railroad Co. to J.N. Farquhar in the mid-1880s (vol. Z, pg. 382). Currently, Charles Bokelman owns the lots on both side of Lot 7, but no record of his ownership of Lot 7 could be found. The surveys made, when Bokelman purchased the adjoining lots, show that improvements on both of the adjoining lots encroached well into Lot 7. In fact, the driveway used for the mobile home on Lot 8, was located almost totally on Lot 7 instead. Obviously, Lot 7 does exist and further title research should be able to determine ownership. Highway R.O.W. and Replats - East of the Railroad No records has been found of resubdivision plats affecting the blocks of the Benjamin Graham subdivision lying along F.M. 2154 (Wellborn Road), but all of these lots lost parcels when the highway rights-of-way were established. This was done by the following right-of-way deeds: from Madison Street north, in 1955, vol. 171, pg. 181, and south in 1959, vol. 202, pg. 575. Most of the landowners signed a single instrument (deed) agreeing to the R.O.W. lines on the highway plans. The first resubdivision plat east of the railroad is titled “Vacating and Resubdivision Plat, Parts of Block D, Block E and Lot 9, Benjamin Graham Subdivision” and was filed in June 1993 (vol. 1985, pg. 195). It created a 2.00-acre Lot 9A within Lot 9 of the Graham subdivision. This plat honors a previous R.O.W. easement (vol. 1201, pg. 332) which added width to a bend in Greens Prairie Road. No conflicts are evident with this resubdivision. The next replat is titled “Resubdivision of All of Blocks D & E , Parts of Lots 7 & 9, Benjamin Graham Subdivision” and was filed in October 1995 (vol. 2463, pg. 329). It vacated the portion of 80 foot-wide Johnson Street lying north of Live Oak Street. A 1940 aerial photo of this area shows no indication that Johnson Street was ever improved or used as a travel way. This plat also reconfigured the lot lines in the almost 11 acre part of the Graham Subdivision, and new public easement lines were created. Five feet of additional R.O.W. along Live Oak Street was dedicated by this plat. No conflicts are evident with this resubdivision. Turnberry Place Subdivision, filed in May 2001 (vol. 4168, pg. 77) simply created an isolated public street and cul-de-sac with 8 lots, centrally-located in Benjamin Graham Lot 9. It also dedicated a small portion of extra R.O.W. for Greens Prairie Road, along its southeast boundary. No conflicts are evident with this subdivision. In February 2008, the “A&M Super Storage at Wellborn” final plat was filed. This one- lot subdivision of another portion of Benjamin Graham Subdivision Lot 9, also dedicated extra R.O.W. for Greens Prairie Road. No conflicts are evident with this subdivision. The most-recent two plats in the Benjamin Graham Subdivision are Creek Meadows Section 1C, Phase 1A (filed 2009, vol. 8947, pg. 249) and Phase 1B (filed 2011, vol. 10030, pg. 6    115). These adjacent subdivisions, within Benjamin Graham Lot 9, also dedicated extra R.O.W. along Greens Prairie Road. No conflicts are evident with these subdivisions. Other Title Issues - East of the Railroad All of the gray-shaded areas shown on the exhibit maps, east of the railroad, are streets and alleys created in 1894 by the Benjamin Graham plat which are in conflict with current ownership deeds. At the south end, Block F is platted with an alley parallel to the railroad and an unnamed 60 foot-wide street perpendicular, between it and Block A. The current ownership lines show no indication of the alley, the 60 foot-wide street is about 100 feet north, into Block A, named Greens Prairie Road, and Royder Road cuts through a large lot. These shaded R.O.W.s go through current buildings. Also, the triangular area east of Royder and south of Greens Prairie Roads is included in the property described in the deed to Wellborn Community Center (vol. 816, pg. 537). The chain of title to this area should be researched. A 1940 aerial photo of this area shows that Greens Prairie and Royder Roads were located as they are today, and it does not show a travel way in the platted alley location. Research was not done to determine if and when the property in Block F stopped being sold with platted lot descriptions and began to be described by metes and bounds. The current deeds do not cite any instruments which vacated the platted street and alley, so these conflicts would need further research. Block A has the most serious issues, of the conflicts east of the railroad. Apparently surveyors have been confused by the location of Greens Prairie Road and have used incorrect lot numbers to describe the lots adjoining F.M. 2154. The shortened distance between Greens Prairie Road and Madison Street has also led to the almost complete disappearance of 80 foot- wide Johnson Street, on which the Nguyen home is located (14941 F.M. 2154). The Rowe 0.59 acre tract is called to include the adjacent alley, but specifically to lie adjacent and south of Johnson Street. In-the-field surveying shows that the north line of the Rowe tract is actually about 45 feet into Johnson Street, including about half of their home (14996 Live Oak St.). As described, some of these landowners may have interest in their neighbors’ property, while their homes are in street R.O.W.s. As with Block F, the current deeds do not cite any instruments which vacated the platted street and alley, so these conflicts would need further research. Block B seems to be conflict-free, because all of the current deeds correctly use Lot/Block citation for the legal descriptions, as opposed to metes and bounds descriptions in conflict with the 1894 plat. It should be noted that the alley through this block is not used as a travel way and some fences may encroach into it. The boundary of Block C is described by metes and bounds and does not exclude the alley, in the current deed to Hensarling (vol. 449, pg. 634). He sold two tracts, also described by metes and bounds; the post office 0.52 acres and telephone company 0.26 acres. The Hensarling deed describes a tract 423.5 feet in length; not matching the 1894 plat (8 lots at 50 feet each). So, besides the alley R.O.W., there is also conflict with one or both of the adjacent streets, Madison and Church. In-the-field surveying indicates that the east line of the Carlson Trust tract (current post office) is within the alley. Older deeds for Block C were researched and they correctly used Lot/Block legal descriptions, and did not include the alley. No records were found of the alley being vacated. This block used to have a cotton gin and tank (pond for fire water) mostly covering it. A 1940 aerial photo of the area shows the pond located across the central part of the block and no indication that the alley was used as a travel way. Subsequent photos show that the pond remained at least into the 1970s, but since has been filled in. North of Church Street, no conflicts with RO.W.s were found, but metes and bounds descriptions used in the current deeds have altered the lines established by the 1894 plat. The RO.W. for McCullough Road was not indicated on the 1894 Benjamin Graham plat, but much of it seems to lie within the fitted boundary of the plat, using the described boundaries of current ownership. No record of RO.W. dedications along the southeast side of McCullough Road have been found, but the Wellborn Landing plat of 2010 (vol. 9429, pg. 162) dedicated extra width for part ofthe northwest side. RO.W.s in the Robert Stevenson League Although this report is limited to the area within the newly annexed part of the Benjamin Graham plat, it should be noted that the 1894 plat extends into the Robert Stevenson League and shows lots, streets and/or alleys. This area was annexed into the City of College Station in 1995 (ord. no. 2132) and the Sweetwater Forest subdivision is located in it. Conclusion Except for the 1986 replat which was apparently ignored, most of these conflicts exist because deeds have used metes and bounds legal descriptions, instead of the platted LotIB10ck descriptions. The homes built in street rights-of-way, would probably not have occurred if the streets and alleys had been improved and obvious to the surveyors. This area is a good example of why subdivision ordinances and laws are in place and necessary. This is only a surveyor's report and the statements regarding title conflicts should not be considered legal opinions. This report and the two exhibit maps prepared in September 2011 were made to document issues discovered during the annexation survey and related research. It is recommended that this information is used for reference, as development occurs in the Wellborn area. Further research into the conflicts and title issues will need to be performed, to confirm their existence. Further surveying may also need to be performed in order to determine the extent of the conflicts. This report was prepared for The City of College Station, and should be shared as they deem beneficial. Henry P Mayo, RPLS no. 5045 7