PRESENTER: Presenter
Barbara Coleman, Procurement Manager
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SUBJECT: Title
Approval of the first reading of an amendment to Ordinance 2026-22. The amendment will extend the deadline to execute a Deed Without Warranty by an additional 180 days for the abandonment of a 0.302-acre portion of water-lane right-of-way between West San Antonio Street and Loop 337.
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DEPARTMENT: Finance
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COUNCIL DISTRICTS IMPACTED: 1
BACKGROUND INFORMATION:
Applicant: David D. and Stephanie L. Feltmann
905 Encino Drive
New Braunfels, TX 78130
Agent: Ink Civil
c/o James Ingalls
2021 SH 46 West, New Braunfels, TX 78132
830-358-7127 / plats@ink-civil.com
The subject right-of-way (R-O-W) is located between the West San Antonio Street R-O-W and the Loop 337 R-O-W adjacent to the property addressed as 3100 West San Antonio Street and consists of 0.302 unimproved acres (13,143 square feet). The abutting properties are zoned “M-1" Light Industrial District. The subject property abuts the applicant’s property at 3100 West San Antonio Street and property owned by UBetcha Storage 2, LLC who declined to participate in this abandonment.
On March 3, 2026, the Planning Commission voted in favor 9-0 for the recommendation to City Council to approve this abandonment subject to the following staff recommendations:
City departments and NBU reviewed the request and raised no objections, provided the following conditions are met:
1. The applicant shall provide a Utility Easement equal to the width of the right-of-way.
2. The abandoned right-of-way property must be included within a plat of the adjacent property owned by the applicant in compliance with the City’s Subdivision Platting Ordinance. A final plat of the property must be submitted and approved by the City prior to ownership transfer. Recordation of the final plat will occur subsequent to the transfer.
3. All conditions of approval are to be reflected on the plat in the form of notes and easements as appropriate.
On March 23, 2026 City Council approved the First reading and April 13, 2026 City Council approved the second reading and authorized the Ordinance.
ISSUE:
Section 1 of Ordinance No. 2026-22 states if a Deed Without Warranty is not executed within 180 days of the second and final reading of the ordinance, the ordinance shall become null and void.
The original 180-day deadline expired on October 4, 2026, before the final plat was completed. Due to applicants’ engineering delays, additional time to complete the city and utility reviews are necessary in order to issue the Deed Without Warranty. The applicant therefore requests an amendment to the abandonment ordinance extending the deadline by an additional 180 days to complete the plating process. If approved, the new deadline for execution of the Deed Without Warranty would be April 2, 2027. Funds of $19,800 for the sale will be received after final plat is approved. The Deed Without Warranty may be transferred after the final plat is approved and funds for the sale are received.
STRATEGIC PLAN REFERENCE:
☐Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☒N/A
FISCAL IMPACT:
The $19,800 received from the sale of unimproved right-of-way would be deposited into the Street Trust Account and can be used for future roadway improvements. There would be an addition of 0.302 acres to the tax rolls and less R-O-W to maintain with taxpayer dollars, consistent with recommendations in the Land Use Fiscal Analysis.
Recommendation
RECOMMENDATION:
Staff recommends approval of the first reading of an amendment to Ordinance 2026-22. Section 1 of Ordinance No. 2026-22 is amended to reads as follows:
The amendment will extend the deadline to execute a Deed Without Warranty by an additional 180 days for the abandonment of a 0.302-acre portion of water-lane right-of-way between West San Antonio Street and Loop 337.