05 Right of Way Vacation for 2024-011813 LM - 1909 Comal Street. — original pdf
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AN ALLEY RIGHT-OF- WAY VACATION APPLICATION ABUTTING 1909 COMAL STREET Urban Transportation Commission April 7, 2026 Item #5 File #2024-011813 LM District 1 Add location map here Abutting property owner: Board of Regents of the University of Texas System Add aerial picture from property profile generally outline where the vacation area is 1909 Comal Street Unpaved/ Undeveloped Right-of-Way Leona Street E MLK Blvd E 20th Street PICTURES OF PROPERTY STREET VIEW Vacation tract is approximately 0.2399 acres of land All property owners within 300 feet of the vacation area were sent public notices on January 21, 2026. No objections have been received as of the day of this presentation All affected City Departments and external stakeholders have reviewed and recommend approval of this right-of-way vacation application, subject to the conditions on the Master Comment Report submitted with this presentation. The City will retain a Public Utility Easement over the entire vacation area How do you plan to develop the area to be vacated? …will be redeveloped as Graduate Student Housing supporting the students of the University of Texas in Austin. No active site plan. I am happy to answer your questions regarding the right of way process The applicant can answer your questions regarding the abutting property and the proposed development. Thank you for your time! Christopher Bueckert, 512-974-1780 ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 Andrew Linseisen (512) 435-2358 alinseisen@abaustin.com Mr. Joseph Fotinos Land Management Division Transportation and Public Works City of Austin 6310 Wilhelmina Delco Drive Austin, Texas 78752 April 9, 2024 Re: Request for Alley Vacation for property located between E. 20th Street and E. Martin Luther King Jr. Boulevard, and between Comal and Leona Streets, Austin, Texas 78722, also known as TCAD Parcel No.’s 0211071501, 0211071502, 0211071503, 0211071504, 0211071505, 0211071506, and 0211071507 (“Tract 1”); 0211071508, 0211071509, 0211071510, 0211071511, 0211071601, 0211071512, and 0211071515 (“Tract 2”); 0211071608, 0211071602, 0211071607, 0211071603, 0211071609, 0211071610 and 0211071611 (“Tract 3”) (collectively the “Property”) Dear Mr. Fotinos: Please accept this as an amended Alley Vacation Application for the above referenced Property (the “Application”). This Application is submitted to request approval of the vacation of the alley while retaining existing easements to the City to accommodate the existing infrastructure that exists in the alley. As part of the future development of the surrounding properties, the University of Texas *”UT”) plans to relocate the existing utility infrastructure and following the relocations may request release of the retained easements to allow future development on and over the alley The following information is being provided to detail the reasons for the alley vacation. 1. Is this a residential or commercial project? The lots adjacent to the alley subject to the Application are owned by UT. Subject to the approval of the Application, and the UT Board of Regents, the property owned by the University of Texas is proposed for redevelopment as Graduate Student Housing. 2. How was the area to be vacated dedicated? By plat or by separate instrument? The alleyway was dedicated by plat. Copies of the plats are included with this Application. ARMBRUST & BROWN, PLLC Page 2 3. Did the City purchase the area to be vacated? (i.e., by Street Deed)? No, the City of Austin did not purchase the area. 4. Are both the area to be vacated and your property in the same “subdivision”? No, but per email from Joseph Fotinos dated February 9, 2024, we have been granted an exception to allow these requests to be submitted under one application. Tract 1 is located in the E. J. Hofheinz Re-subdivision of Outlot 45, Division B, a subdivision recorded in Volume 251, Page 103 of the Deed Records of Travis County, Texas. Tract 2 is located in the E. J. Hofheinz Re-subdivision of Outlot 45, Division B, a subdivision recorded in Volume 278, Page 175 of the Deed Records of Travis County, Texas. Tract 3 is located in C.R. Johns and Co. Subdivision of Outlot No’s 57, 36, 37 and 46, Division B, a subdivision recorded in Volume 1, Page 3 of the Plat Records of Travis County, Texas. 5. Is the area to be vacated functional right-of-way, or is it only dedicated on paper? The alleyways are functional right-of-way. 6. Are there any utility lines within the area to be vacated? If yes, what are your plans for the utilities? Preliminary analysis indicates that the existing facilities in the alleyways exist only to serve the adjacent properties. It is anticipated that any existing facilities located within the alleyways will be abandoned and the easements will be retained. 7. How do you plan to develop the area to be vacated? Subject to the approval of the Application, and the UT Board of Regents, the property owned by the University of Texas will be redeveloped as Graduate Student Housing supporting the students of the University of Texas at Austin. 8. Has a site plan been submitted on your project? No 9. Is your project a Unified Development? No 10. Is your project a S.M.A.R.T. Housing Project? No 11. When do you anticipate starting construction of the development? A firm timeline for the start of the future development has not been established at this time. 12. What is the current zoning on the adjacent properties? The adjacent properties are zoned Family Residence – Neighborhood Plan (SF-3-NP). 13. What is the current status of the adjacent properties? The adjacent properties were previously developed primarily as residential uses that have been removed. 14. What type of parking facilities currently exist? 4892-9221-2660, v. 2 ARMBRUST & BROWN, PLLC Page 3 There are no formalized parking facilities located on the Property. 15. Will your parking requirements increase with the expansion? N/A 16. How will the increase be handled? N/A 17. Have any agreements or easements been executed with adjacent landowner(s) or in draft form? If yes, please include this in your letter and provide us with a copy. N/A –The lots adjacent to the alley subject to the Application are owned by UT 18. Does the area to be vacated lie within the Austin Downtown Plan (DAP)? Does it meet DAP criteria? The area to be vacated is not within the Downtown Austin Plan. 19. Does the area to be vacated lie within UT boundaries: East of Lamar Boulevard, west of IH-35, north of Martin Luther King Boulevard, and south of 45th Street? The area to be vacated does not lie within UT boundaries as defined by the City. 20. Does the proposed vacation support the Priority Programs and policy directives set forth in the Imagine Austin Comprehensive Plan? If so, how? The proposed Graduate Student Housing project promotes a compact and connected Austin by creating additional housing opportunities for students adjacent to the University. The proximity of the housing to UT will reduce the need to drive to attend classes. The construction of the Graduate Student Housing project is an investment by UT in Austin’s education system that helps to continue to grow Austin’s economy. Should you require additional information to process this application request, please do not hesitate to contact me at 512-435-2358. Sincerely, ARMBRUST & BROWN, PLLC Andrew J. Linseisen, P.E. Land Development Consultant cc: Richard T. Suttle, Jr. Amy Wanamaker, University of Texas Leo Stella, Brailsford & Dunlavey, Inc. 4892-9221-2660, v. 2 SITESITE LOCATION MAPALLEYWAY VACATIONS1513 E 20TH AND 2001 COMAL STREET F# ___________ EXHIBIT “______” (Right-of-way Vacation) C. R. Johns & Co. Subdivision of Outlot No’s 57, 36, 37 and 46, Division B Legal Description BEING A DESCRIPTION OF A TRACT OF LAND CONTAINING 0.2399 ACRES (10,449 SQUARE FEET) BEING ALL OF A 20’ ALLEY AND AN ALLEY OF VARIABLE WIDTH OUT OF BLOCK 2, OF OUTLOT 45, DIVISION B OF THE C.R. JOHNS AND CO. SUBDIVISION OF OUTLOT NO’S 57, 36, 37 AND 46, DIVISION B, A SUBDIVISION RECORDED IN VOLUME 1, PAGE 3 OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS (P.R.T.C.T.), SAID 0.2399 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: PO Box 90876 Austin, TX 78709 512.554.3371 BEGINNING, at an iron rod with “SAM” cap found at the northeast corner of said 20’ alley being in the west right-of-way line of Leona Street (53.33’ right-of-way) and being the southeast corner of the south 37.25’ of Lots 5 & 6, Block 2, of Outlot 45, Division B of said C. R. Johns & Co. Subdivision, conveyed to the Board of Regents of the University of Texas Systems in Volume 8114, Page 404 (D.R.T.C.T.), from which an iron rod with “SAM” cap found for the northeast corner of said Board of Regents of the University of Texas Systems tract being the southeast corner of the north 1/2 of the south 1/2 of Lots 5 & 6, Block 2 of Outlot 45, Division B of said C. R. Johns & Co. Subdivision conveyed to Elwood Domaschk in Document No. 2003046193 (O.P.R.T.C.T.) and being in the west right-of-way line of said Leona Street bears, N12°01'21"W, a distance of 37.21 feet; THENCE, leaving the south line of said Lot 5 with the east right-of-way line of said 20’ alley and the west right-of-way line of said Leona Street, S12°01'21"E, a distance of 20.05 feet to an iron rod with “Sam” cap found for the most northerly southeast corner hereof, being the northeast corner of Lot 4, Block 2 of Outlot 45, Division B of said C. R. Johns & Co. Subdivision, conveyed to the Board of Regents of the University of Texas Systems in Document No. 2009135353 (O.P.R.T.C.T.) and being the intersection of the south right-of-way line of said 20’ Alley and the west right-of-way line of said Leona Street, from which an iron rod with “Sam” cap found for the southeast corner of said Lot 4, being the intersection of the west right- of-way line of said Leona Street and the north right-of-way line of East Martin Luther King Jr. Boulevard (60’ right-of-way) bears, S12°01’21”E, a distance of 162.21 feet; THENCE, leaving the west right-of-way line of said Leona Street, with the north line of Lots 4 through 1, Block 2 of Outlot 45, Division B of said C. R. Johns & Co. Subdivision, and with the south right-of-way line of said 20’ Alley, S77°49'46"W, a distance of 260.02 feet to an iron rod with “Sam” cap found for an angle point hereof, being the northwest corner of said Lot 1, C. R. Johns & Co. Subdivision, and being the intersection of the south right-of-way line of said 20’ Alley and the east right-of-way line of said Variable Width Alley; THENCE, leaving the south right-of-way line of said 20’ Alley, with the west line of said Lot 1, C. R. Johns & Co. Subdivision and the east right-of-way line of said Variable Width Alley, S12°01'32"E, a distance of 167.91 feet to an iron rod with “Sam” cap found for the most southerly southeast corner hereof, being the southwest corner of said Lot 1, C. R. Johns & Co. Subdivision and being the intersection of the east right-of-way line of said Variable Width Alley and the north right-of-way line of said East Martin Luther King Jr. Boulevard; THENCE, leaving the west line of said Lot 1, C. R. Johns & Co. Subdivision, with the north right-of-way line of said East Martin Luther King Jr. Boulevard, S75°08'25"W, a distance of 14.48 feet to a 1/2-inch iron rod found for the southwest corner hereof, being the southeast corner of Lot 7 of E. J. Hofheinz Re- Subdivision of Outlot 45, Division B, a subdivision recorded in Volume 287, Pg. 175 (D.R.T.C.T.), P:\01734\Metes & Bounds & Certifications\01734-Alley Vacation_3.docx Page 1 of 3 F# ___________ conveyed to the Board of Regents of the University of Texas Systems in Document No. 2016001739 (O.P.R.T.C.T.) and being the intersection of the north right-of-way line of said East Martin Luther King Jr. Boulevard and the east right-of-way line of said Variable Width Alley; THENCE, leaving the north right-of-way line of said East Martin Luther King Jr. Boulevard, with the east line of said Lot 7, E. J. Hofheinz Re-Subdivision of Outlot 45, Division B (Vol. 278, Pg. 175), and with the east right-of-way line of said Variable Width Alley, N12°14'31"W, a distance of 191.54 feet to an iron rod with “Terra Firma” cap found for an angle point hereof, being the northeast corner of said Lot 7, E. J. Hofheinz Re-Subdivision of Outlot 45, Division B (Vol. 278, Pg. 175), being the intersection of the east right-of-way line of said Variable Width Alley and the south right-of-way line of a called 20’ Private Passage dedicated in Volume 278, Page 175-176 and Volume 251, Page 103, both of the (D.R.T.C.T.); THENCE, leaving the north line of said Lot 7, E. J. Hofheinz Re-Subdivision with the east right-of-way line of said 20’ Private Passage, in part with the west right-of-way line of said Variable Width Alley and in part with the west line of said Lot 12-1/2, in part with the west line of a Portion of Block 1 of said Portion of Block 1, E. J. Hofheinz Re-Subdivision of Outlot 45, Division B, N12°14'31"W, passing at a distance of 20.21 feet an iron rod with “SAM” cap found for the northeast corner of said 20’ Private Passage and being the southeast corner of a portion of Block 1, E. J. Hofheinz resubdivision of outlot 45, Division B, a subdivision a subdivision recorded in Volume 278, Pages 175-176 (D.R.T.C.T.) conveyed to the Board of Regents of the University of Texas Systems in Volume 10727, Page 366 (R.P.R.T.C.T.) and passing at a distance of 48.71 feet a 1/2-inch iron rod for the common east corner of Lot 12-1/2 and said Portion of Block 1, in all a distance of 156.40 feet to a calculated point for the most northerly northwest corner hereof, being the northeast corner of said Portion of Block 1, being the intersection of the west right-of-way line of said Variable Width Alley and the south right-of-way line of said East 20th Street; THENCE, leaving the east line of said Portion of Block 1, in part over and across East 20th Street (right- of-way varies), in part with the east right-of-way line of said Variable Width Alley and the west line of Lot 8, Block 2, of Outlot 45, Division B of said C. R. Johns & Co. Subdivision conveyed to the Board of Regents of the University of Texas Systems in Document No. 2009135353 (O.P.R.T.C.T.) the following two (2) courses and distances: 1) N77°47'22"E, a distance of 15.77 feet to a calculated point for the most northerly northeast corner hereof, 2) S12°01'32"E, passing at a distance of 10.38 feet a 1/2-inch iron rod found for the northeast corner of said Lot 8, C. R. Johns & Co. Subdivision, being the intersection of the south right-of-way line of said East 20th Street and the east right-of-way line of said Variable Width Alley, in all a distance of 159.46 feet to a 1/2-inch iron rod found for an angle point hereof, being the southwest corner of said Lot 8, C. R. Johns & Co. Subdivision, being the intersection of the east right-of-way line of said Variable Width Alley and the north right-of-way line of said 20’ Alley; P:\01734\Metes & Bounds & Certifications\01734-Alley Vacation_3.docx Page 2 of 3 F# ___________ THENCE, leaving the east right-of-way line of said Variable Width Alley, with the north right-of-way line of said 20’ Alley, with the south line of Lots 8 through 5, Block 2, of Outlot 45, Division B of said C. R. Johns & Co. Subdivision, N77°47'47"E, passing at a distance of 15.05 feet an iron rod with “Sam” cap found, in all a distance of 260.02 feet to the POINT OF BEGINNING and containing 0.2399 Acres (10,449 Square Feet) more or less. All bearings are based on the Texas State Plane Coordinate System, Grid North, Central Zone (4203); all distances were adjusted to surface using a combined scale factor of 1.000067340107. See attached sketch (reference drawing: 01734-Alley Vacation_3.dwg.) Notes: COA GRID # K-23 Paul N. Guerrero, RPLS #5992 4Ward Land Surveying, LLC TBPELS Firm #10174300 P:\01734\Metes & Bounds & Certifications\01734-Alley Vacation_3.docx Page 3 of 3 01/14/26 E 20TH STREET (R.O.W. VARIES) [J] LOT 8 [K] LOT 7 [L] [AA] [N] [O] LOT 6 [Y] LOT 5 [M] ALLEY (20' R.O.W.) P.O.B. ALLEY TO BE VACATED 0.2399 ACRE(S) 10,449 SQUARE FEET LOT 1 LOT 2 LOT 3 LOT 4 T E E R T S A N O E L [AA] [A] ) . . W O R . ' 3 3 . 3 5 ( LOT 6 [I] PORTION OF BLOCK 1 [AB] LOT 12 1 2 [P] [AB] LOT 7 [B] Y E L L A I ) S E R A V . . W O R ( . E MARTIN LUTHER KING JR. BLVD. (60' R.O.W.) 0.2399 ACRE ALLEY TO BE VACATED City of Austin, Travis County, Texas A Limited Liability Company PO Box 90876, Austin Texas 78709 INFO@4WARDLS.COM (512) 537-2384 TBPELS FIRM #10174300 [A] LOTS 1-4, BLOCK 2 OF OUTLOT 45, DIVISION B OF CALLED 0.944 ACRE OWNER: BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEMS (TRACT 1) DOC. NO. 2009135353 O.P.R.T.C.T. [B] LOTS 7-9, BLOCK 1 OWNER: BOARD OF REGENTS [K] SOUTHEAST 50' X 50' OF LOT 8, BLOCK 2 OF OUTLOT 45, DIVISION B OWNER: BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEMS DOC. NO. 2018081332, O.P.R.T.C.T. [L] LOT 7, BLOCK 2 OF OUTLOT 45, DIVISION B OWNER: THE BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEMS VOL. 8310, PG. 911, D.R.T.C.T. OF THE UNIVERSITY OF TEXAS SYSTEMS [M] DOC. NO. 2016001739 O.P.R.T.C.T. [I] PORTION OF BLOCK 1 E.J. HOFHEINZ RE-SUBDIVISION OF OUTLOT 45, DIVISION B VOL.251, PG. 102 D.R.T.C.T. AND LOT 12-1/2, BLOCK 1 VOL.278, PG. 175 D.R.T.C.T. OWNER: THE BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEMS VOL.10727, PG. 366 R.P.R.T.C.T. [J] PORTION OF LOT 8, BLOCK 2 OF OUTLOT 45, DIVISION B CALLED 0.164 ACRE OWNER: BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEMS DOC. NO. 2009135353 O.P.R.T.C.T. SOUTH 37.25' OF LOTS 5 & 6, BLOCK 2 OF OUTLOT 45, DIVISION B OWNER: THE BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEMS VOL.8114, PG. 404, D.R.T.C.T. [N] PORTION OF LOT 6, BLOCK 2 OF OUTLOT 45, DIVISION B CALLED 0.09 ACRE OWNER: THE BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEMS DOC.NO. 2006104579, O.P.R.T.C.T. [O] PORTION OF LOTS 5 & 6, BLOCK 2 OF OUTLOT 45, DIVISION B OWNER: THE BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEMS VOL.9685, PG. 226, D.R.T.C.T. [Y] THE NORTH 1/2 OF THE SOUTH 1/2 OF LOTS 5 & 6 BLOCK 2, OF OUTLOT 45, DIVISION B ELWOOD DOMASCHK DOC. NO. 2003046193, O.P.R.T.C.T. 0.2399 ACRE ALLEY TO BE VACATED City of Austin, Travis County, Texas A Limited Liability Company PO Box 90876, Austin Texas 78709 INFO@4WARDLS.COM (512) 537-2384 TBPELS FIRM #10174300 [AA] C. R. JOHNS & CO. SUBDIVISION OF OUTLOT NO's 57, 36, 37 AND 46, DIVISION B VOL. 1, PG. 3 P.R.T.C.T. [AB] E. J. HOFHEINZ RE-SUBDIVISION OF OUTLOT 45, DIVISION B VOL. 278, PG. 175 D.R.T.C.T. [P] PRIVATE PASSAGE (20' R.O.W.) VOL. 251, PG. 103 & VOL. 278, PG. 175 D.R.T.C.T. 0.2399 ACRE ALLEY TO BE VACATED City of Austin, Travis County, Texas A Limited Liability Company PO Box 90876, Austin Texas 78709 INFO@4WARDLS.COM (512) 537-2384 TBPELS FIRM #10174300 To: From: MEMORANDUM Urban Transportation Commission Christopher Bueckert, Real Estate Services Agent, Austin Transportation and Public Works Date: March 5, 2026 Subject: F# 2024-011813 LM Alley Right-of-Way Vacation of approximately 0.2399- acre tract of land abutting 1909 Comal Street Attached is the Application Packet and Master Comment Report pertaining to the alley right-of-way vacation application for an approximately 0.2399-acre portion of land, being the unpaved/undeveloped right-of-way abutting 1909 Comal Street, as shown on C.R. Johns and Co. Subdivision (20’ alley and an alley of variable width out of Block 2, of Outlot 45, Division B of the C.R. Johns and Co. Subdivision of Outlot No’s 57, 36, 37, and 46, Division B, a Subdivision recorded in Volume 1, Page 3, Plat Records of Travis County, Texas). The proposed vacation tract will be added to the abutting parcels. The abutting properties are owned by Board of Regents of the University of Texas System. Per the transmittal letter dated April 9, 2024, received by the City of Austin, the applicant states, “How do you plan to develop the area to be vacated? Response: …will be redeveloped as Graduate Student Housing supporting the students of the University of Texas in Austin.” All affected departments and private utility franchise stakeholders have reviewed the application and recommend approval, subject to the reviewers’ conditions shown on the attached Master Comment Report. Per City Code §14-11-71 – Notice to Interested Property Owners Public notice will be sent to owners within 300’ of the area to be vacated. The director of Austin Public Works may approve the application after the 10th day that the notice is issued; and an affected property owner may submit comments regarding the proposed vacation. Public Notice was sent to appropriate parties on January 21, 2026. No objections have been received by staff as of the date of this memorandum. The applicant has requested that this item be submitted for placement on the April 7, 2026, Urban Transportation Commission agenda. Staff contact: Christopher Bueckert, Real Estate Services agent Austin Transportation and Public Works, 512-974-1780, landmanagementROW@austintexas.gov Applicant: Richard Suttle, 512-435-2100, rsuttle@abaustin.com Abutting Landowner: Board of Regents of the University of Texas System The applicant and/or property owner’s representative will be present at the meeting to answer any questions regarding future development and the vacation request. Attachments: Application Packet Master Comment Report