Petition to Vacate Portion of Platted Right-of-Way (Regular) – BW 54 Cattle Gap, LLC – Pine Street, Tract 13, Lyon Company’s Subdivision – No Funding Required

1:20:14approval

1:20:14consent agenda.

1:20:16Okay, take a second.

1:20:18Thank you.

1:20:19All in favor? Aye. Okay, P fifty two.

1:20:27Item P fifty two was published in the Tampe Times on April twentieth, twenty twenty-five and april twenty-seventh, twenty twenty-five.

1:20:35Hi, good afternoon, Commissioner's Lori Joe Bryant from Real Property Division. The Real Property team has received a petition to vacate a portion of Platted right-of-way filed by BW54 Cattle Gap LLC. The purpose for this petition is uh or excuse me, vacation is to f allow for future development. And the team recommends approval.

1:21:04Well, was that the whole presentation? That is it. Yes. Unless you have any fault. Can you go back to the side? Can you go back to the map again? Absolutely. Um where

1:21:15So that's an that's where is our road coming in?

1:21:18So it was platted where the where the outline of red is. Now m all of the rest of the uh roadway to the west has been previously vacated. There's no current utility applications there. Um so the rest has already been vacated. Yeah, I need to

1:21:36be able to do that.

1:21:41And this this piece is not related to the construction or right of way needs for that facility, nor is the owner of that property um involved in anything or any other right of way that we might need to be able to do that.

1:21:55Okay, can you go back can you go back to that map? Um so this this portion above this red line, that is a commercial That's a developable piece, is that what you're telling me?

1:22:08So the the red area is the actual right-of-way the into A. What's the parcel to the north? The parcel to the north, um I'm I believe it's T T S W R something similar to that. Um but it is not included in this request. Oh I I know it's not. Yes

1:22:26ma'am. Um who who was P who Who is requesting us to vacate this? The parcel to the south or the parcel to the north?

1:22:33The parcel that the right of way is currently in, so.

1:22:39Madam Chair? I don't know how to say that any clear.

1:22:41So you're saying there's three different property owners?

1:22:44There's one property owner.

1:22:45For all the

1:22:46pieces? My concern is, as always, is the orange belt trail. So I wanna know how that fits in here. Um As 'cause you can see there's a wetland right there, or a stormwater pond. So I just want to make sure we've taken it into account All we need. Because that road does something weird right there. You see where the E is on Gladstone Drive? How how is that possible? We're gonna skip over that corner?

1:23:17So I don't I don't really understand what's going on right there as far as Design.

1:23:23So are you speaking for rangeland? Is that just to clarify

1:23:27in the corner

1:23:28where it's

1:23:28right. I am speaking about rangeland and that weird design that someone has in the road.

1:23:36So his parcel, the the petitioner's parcel is there's a parcel to the south or excuse me, to the east, northeast, and then the one directly north of that contains the proposed

1:23:47yes, but we may need some of that land and so I you know, I'd rather horse trade. Um 'cause I don't understand this this drawing here. It doesn't make sense to me. Now maybe one of you road engineers

1:24:01But That doesn't look right on the orange the red lines there. It gets narrow and then it gets wide. So what's going on right there?

1:24:09Madam Chair, if I could. Eric Breitenbach, Assistant County Administrator for Internal Services. That parcel is already developed. That's where the new Texas Roadhouse is, over there in front of next to Gun Highway. So in terms of any available land to put a trail on or have you, there I don't believe there's an opportunity to do that.

1:24:26Well this is north of that, right?

1:24:28No ma'am. This

1:24:29red line?

1:24:29This is that parcel.

1:24:33So they built on our property?

1:24:35The easement, correct.

1:24:36That's correct. Okay, so who owns the property to the north of that? Is it the same company? It is not.

1:24:43That is the developer.

1:24:47That's Wheelock?

1:24:47That is WheLock.

1:24:48Okay. Um how did we let give a permit on top of our property?

1:24:54That would be a it's a great question, probably one for permitting. Unfortunately I don't have that answer.

1:25:03Well,

1:25:05That's interesting.

1:25:08Okay. Well then.

1:25:12You good with this chair?

1:25:13Well um let's open it up to public comment since it's a public hearing. Does anyone else wanna try and understand what happened here? Does anyone else want to speak about this?

1:25:25We have a Texas Roadhouse. The number one Dining casual state dining state chain in America.

1:25:33Dinners for everybody. Did you want to speak? Okay, come on up.

1:25:42That was very minstrel.

1:25:44It's a vacation. It's a vacation. You don't

1:25:48need to be vacant. Austin Simmons [address removed]. My partners and I own That property, the north side of the red line and the south side of the red line. It's all one piece of property.

1:26:02Okay. Oh, well see.

1:26:03So it's it's all one piece of property.

1:26:07Long time ago there were thousands of roads that were platted out there. They were all over the place. They've all been vacated. Yeah.

1:26:14Absolutely. Our our

1:26:15press.

1:26:16Our surveyor did all the vacations. Yay, fantastic. We did a survey of their property. We use that for our development permit. Our surveyor said there's no We vacated every road. Fantastic. We built a building there. Y'all y'all permitted it. We built a building. Thank you very much. We appreciate it. Our second tenant, who was out there now in the middle of permitting, right now. Said, hey, our title company says there's a road there. Said no no there is no road there, guys. I've seen

1:26:46the survey. I've talked to the surveyor who vacated it. They said there's no road there. Turns out there is. The road to the west, vacated. There's nothing to the east. There was never a road there. It's always been wetland. You guys have the road to the north which is rain uh Gladstone. Gladstone. Gladstone. You have your road to the west, obviously at fifty four. This is right in the middle of our parking lot that we built with our building which we built. And we're gonna build more on it. It it it was a forgotten no one at your department knew

1:27:16you had a road. Well we weren't hiding it. Our

1:27:19surveyors. I was just wondering how our staff missed it.

1:27:22Yeah, thank you. Hard

1:27:23times are good.

1:27:23I

1:27:23appreciate it. Thank you very much. Because he submitted a sa sealed survey that said there was nothing there. Oh we and we believed you.

1:27:34Okay. Um well we lost. Are we still okay to do anything? Okay, I'll take a motion.

1:27:42Yeah. I'll second.

1:27:43Okay.

1:27:44Was there anybody else that that wanted to speak on this?

1:27:47I have no one on WebEx and there's no one signed up. Okay. Um all in favor?

1:27:53Aye. You can stay open.

1:28:00So we we moved P fifty-four, right? Fifty three. Oh, sorry, see I flip. I flipped to see what's next. Okay, so

1:28:09item P fifty three was published in Tampe Times on April second, twenty twenty-five, and affidavits of certified mailings and site posting. The item was continued from the March twenty-fifth, twenty twenty-five BCC meeting, where it was continued to today.