HomeMy WebLinkAbout04-00500267 FOR OFFICE USE ONLY
P&Z CASE NO.:
DATE SUBMITTED:
COLLEGE STATION
ABANDONMENT OF PUBLIC
ROW-OF-WAY/EASEMENT APPLICATION
MINIMUM SUBMITTAL REQUIREMENTS
$300.00 Abandonment of Public Right-of-Way (ROW)/Easement application fee.
® A completed copy of the attached Abandonment of Public ROW/Easement application.
® All exhibits processed (except for Exhibit No. 4, which will be processed by staff).
ADDRESS 1001 Krenek Tap Road
LEGAL DESCRIPTION Lot 2, Block 1, E&M Jones Farm Place
APPLICANT (Primary Contact for the Project):
Name Veronica J.B. Morgan, P.E. - Mitchell & Morgan, LLP E-Mail v( mitchellandmorgan.com
Street Address 511 University Drive East, Suite 204
City College Station State TX Zip Code 77840
Phone Number (979) 260-6963 Fax Number (979) 260-3564
PROPERTY OWNER'S INFORMATION (if different from above):
Name Jim Stewart E-Mail
Street Address 4200 Woodland Park Court
City Arlington State TX Zip Code 76013
Phone Number (817) 994-4663 Fax Number (817)429-8664
The applicant has prepared this application and certifies that the facts stated herein and
exhibits attached hereto are true and correct.
/10,1.
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"' /7-- Zve/
Sig/re re Owner, Agent or A•plicant Date
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APPLICATION FOR
THE ABANDONMENT OF A
PUBLIC RIGHT-OF-WAY/EASEMENT
Date: August 2, 2004
Location of Right-of-Way/Easement to be Abandoned: Lot 2, E&M Jones Farm
Place
Property Owner's Name & Address: Jim Stewart, 4200 Woodland Park Court,
Arlington, TX 76013
Property Owner's Phone Number: (817) 994-4663
TO THE MAYOR AND CITY COUNCIL OF THE CITY OF COLLEGE STATION:
The undersigned hereby makes application for the abandonment of that portion of the
above right-of-way particularly described in Exhibit No. 1 , attached. In support of this
application, the undersigned represents and warrants the following:
1. The undersigned will hold the City of College Station harmless, and indemnify it
against all suits, costs, expenses, and damages that may arise or grow out of
such abandonment.
2. Attached, marked Exhibit No. 1, are two sealed metes and bounds descriptions
(dividing the area in half) of the area sought to be abandoned, prepared by a
Registered Public Surveyor.
3. Attached, marked Exhibit No. 2, are two copies of a plat or detailed sketch of that
portion of the public right-of-way/easement sought to be abandoned and the
surrounding area to the nearest streets in all directions, showing the abutting lots
and block, and the subdivision in which the above described right-of-
way/easement is situated, together with the record owners of such lots.
4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the aban-
donment.
5. Attached, marked Exhibit No. 4, is the consent of the City of College Station staff
to the abandonment.
6. Attached, marked Exhibit No. 5, is the consent of all the abutting property
owners, except the following: (if none, so state)
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7. Such public right-of-way/easement should be abandoned because:
The sewer line is being relocated and a new easement granted on
the final plat of Lot 2, Block 1 of the E&M Jones Farm Place
8. Such public right-of-way/easement has been and is being used as follows:
For a sanitary sewer line only.
I swear that all of the information contained in this application is true and correct to the
best of my knowledge and belief.
Applicant's Signature: 1( /
j �L �u
Applicant's Name: Jim Stewart
Applicant's Address: 4200 Woodland Park Court
Arlington, TX 76013
Applicant's Phone Number: (817) 994-4663
STATE OF TEXAS )
COUNTY OF BRAZOS ) ACKNOWLEDGMENT
Subscribed and sworn to befor e, a Nott , Public, his 1 -7 day of
, 200 u-, by 2c
S .STANLEY
NOTARYPUBUCUSANJSTATE OrTEXAS ),S . /
* sR Nota Public in an for
NOVEMBER 16,2005 Notary
the State of Texas
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Application for Abandonment of
a Public Right-of-Way/Easement
Located: Lot 2, E&M Jones Farm Place
EXHIBIT NO. 1
Attached are two sealed copies of the metes and bounds description (dividing the area
in half) of the easement situated in E&M Jones Farm Place Addition/Subdivision
to the City of College Station, Brazos County, Texas, sought to be abandoned.
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Application for Abandonment of
a Public Right-of-Way/Easement
Located: Lot 2, E&M Jones Farm Place
EXHIBIT NO. 2
Attached are two copies of a plat or detailed sketch of the easement sought to be
abandoned in the above-mentioned application, showing the surrounding area to the
nearest streets in all directions, abutting lots, the block or blocks in which the portion of
the easement sought to be vacated is situated, and the addition or subdivision in which
the portion of the easement sought to be abandoned is situated. Also, the names of
record owners of the abutting lots are shown.
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Applicata. for Abandonment of
a Public Right-of-Way/Easement
Located:
EXHIBIT NO. 3
The undersigned public utilit companies, using or entitled to use, under the terms and
provisions of our respective fr. chises with the City of College Station, that portion of
the public right-of-way/utility ea -ment sought to be abandoned in the Application for
Abandonment above referred t. do hereby consent to the abandonment of the
described portion thereof.
TXU GAS COMPANY pp
OH- A-[7P l ica-- (1_, `2zcm..e.x219.-
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B Title a- pu- '1 i'c, i t iO-+-j ease rvko. -
li- wao s i
�-�- saw c ..Ai
VERIZON TELEPHONE COMPANY
BY:
Title
COX COMMUNICATIONS
BY:
Title
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Application for Abandonment of
a Public Right-of-Way/Easement
Located: Lot 2, E&M Jones Farm Place
EXHIBIT NO. 4
The undersigned, City staff of the City of College Station, certify that they have carefully
considered the Application for Abandonment of the public right-of-way/easement
referred to above from the standpoint of City of College Station ordinances and with
respect to present and future needs of the City of College Station and see no objection
to the requested abandonment from the City's standpoint.
Engineer Building Offici I
City of College Station City of College Station
fie
Zonin � uffici- Fire Marshal
City o •ollege Station City of College Station
Director of Public Utilities
City of College Station
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8/4/2004
11/29/2004 08:04 FAX 979 764 3452 COLLEGE STATION PUB.UTL. a 001
11/24/2004 15:47 9797643496 COCS DEVELOPMENT SER PAGE 68/13
Application for Abandonment of
a Public Right-of-Way/Easement
Located: Lot 2, E&M Jones Farm Place
EXHIBIT NO. 4
The undersigned, City staff of the City of College Station, certify that they have carefully
considered the Application for Abandonment of the public right-of-way/easement
referred to above from the standpoint of City of College Station ordinances and with
respect to present and future needs of the City of College Station and see no objection
to the requested abandonment from the City's standpoint.
Engineer Building Official
City of College Station City of College Station
Zoning Official Fire Marshal
City of College Station City of College Station
Director of Public Utilities
City of College Station
\ Post-it°'Fax Note 7671 Date//// Ue pages1 /
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""�y�y Co./Dept. Co. Jti�
)b 1®' /0— Phone# Phone#
Fax# Fax#
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Application for Abandonment of
a Public Right-of-Way/Easement
Located: Lot 2, E&M Jones Farm Place
EXHIBIT NO. 5
The undersigned, owners of property abutting upon that portion of the public right-of-
way/easement named and described in the Application for Abandonment of a Sanitary
Sewer/Easement referred to above, do hereby consent to such abandonment.
411"NAME: /sdr FoacK TT/4iZ►�I��
ADDRESS: /007 KeEnIc'K T P RoAD BSLC Crtt1 IzrIANJ
Co�LGc-c JSt 7 otJ l 77 /O
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
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10/13/04 16:57 FAX [1002
10/13/2004 15: 48 FAX 9792603564 MITCHELL and MORGAN [1002/002
•
•
Application for Abandonment of
a Public Right-of-Way/Easement
•
Located: Lot 2, E&M Jones Farm Place
•
EXHIBIT NO. 5
The undersigned, owners of property abutting upon that portion of the public right-of-
way/easement named and described in the Application for Abandonment of a Sanitary
Sewer/Easement referred to above, do hereby consent to such abandonment. •
Pc)
NAME: �' !f✓�' c� :3c /'� t/�'�r<141•1_.(
ADDRESS: /CSC `/ r)
C:,� c c&E ot.i 1x .'7.7 113
NAME: Iwo ►i ,�u • -LelOVW
ADDRESS: ��
�x(.�ts �1rS Q�1 L aL�-�AT�uKcgS
205 wu,b usiri Rb, �v r 1i ' 7B-P-16
NAME:
ADDRESS:
NAME:
ADDRESS:
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(friellim15111114
CITY OF COLLEGE STATION
Planning&Development Services
1101 Texas Avenue South,P.O. Box 9960
College Station,Texas 77842
Phone 979.764.3570 / Fax 979.764.3496
MEMORANDUM
DATE: November 12,2004
TO: City Staff
FROM: Spencer Thompson
SUBJECT: Easement Abandonment
The property owner wishes to abandon the existing sewer easement. A new sewer line has been or is
in the process of being constructed a few feet to the west. The line relocation will allow the
property,Waterwood Condos, to develop to its highest potential. I have attached a copy of the Site
Plan showing the old and new utility lines.
Please place any and all conditions for abandonment you wish to see as provision for approval in
writing on an attached sheet or email directly to Bob Mosley; bmosley@cstx.gov. Any conditions
will be included with the Coversheet.
Thanks
st
Home of Texas A&M University
MITCHELL tbII`�1 °4
MM a
MORGAN n(6/
DA-
October 14, 2004
Bridgette George
City of College Station
Development Services
PO Box 9960
College Station, TX 77840
Re: E&M Jones Farm Place Lot 2 Sanitary Sewer Abandonment
Dear Bridgette,
Attached is an application for abandonment of a public utility easement for E&M
Jones Farm Place Lot 2. You will also find a letter written for this easement
abandonment on July 27, 2004. We apologize for the delay in submitting this to
you but we just received the final signatures necessary from Windsor Point. We
would like to be placed on the Council Agenda for the November 9th or 21St Council
Meetings. Attached please find the following items for your review:
• Abandonment application
• Metes & Bounds description of the easement being abandoned
• Survey Plat of the easement abandonment
Please let us know if you have any questions.
Sin s-r'•ly,
JOro
Veronica J.B. orga; 1P. ., C.F.M. /lJ��,�' ,fn
Managing Partner i. ""
Cc. File C
Jim Stewart, Waterwood
e-t./Otv, Akid-
511
UNIVERSITY DRIVE EAST,SUITE 204 • COLLEGE STATION,TX 77840• T 979.260.6963 • F 979 260 3564
CIVIL ENGINEERING • HYDRAULICS • HYDROLOGY • UTILITIES • STREETS • SITE PLANS • SUBDIVISIONS
info@mitchellandmorgan.corn • www.mitchellandmorgan.corn
Afi
Bridgette George July 27, 2004
City of College Station
Development Services
PO Box 9960
. 0
College Station, TX 77840
o►
rn
gRe: E&M Jones Farm Place Lot 2 Sanitary Sewer Abandonment
., rn Dear Bridgette,
*+ 5 c cn
Cv c cot
o >a =' o Attached is an application for abandonment of a public utility easement. This
elf `
easement is currently being used only by a City of College Station sanitary sewer
LB EA
a line. As part of the Waterwood Condominium Phase 3 project we will be
cE- o relocating this sanitary sewer line outside of this existing easement. On the E&M
c c $',• .� Jones Farm Place Lot 2 Final Plat we are dedicating a new public utility easement
'at—Lu v 13 to cover the relocated sanitary sewer line. Because this existing easement was not
W ki z v, cn dedicated by plat it cannot be abandoned by plat. Therefore we must process this
separate instrument abandonment. Please note that we have indicated on the plat
the easement to be abandoned and have left the volume and page numbers blank
W such that once abandoned we can fill those in to help with ease in locating the
cid abandonment paperwork. The E&M Jones Farm Place Lot 2 plat is currently on
to d schedule to proceed to the August 19th Planning& Zoning Commission meeting
e c _ for approval. We would like to coordinate this abandonment such that it proceeds
ft
t a� to the August 26th City Council meeting. This will allow us to commence
m � ,u . construction on Phase 3 at the beginning of September. Attached are the following
ri g a items for your use in review of the abandonment:
vz ^r
_ 3 • Abandonment application
2 in • Metes& Bounds description of the easement being abandoned
• Survey Plat of the easement abandonment
Please let us know if you have any questions.
- No Sincerely,., ,
a
4 ezi N
OC y Veronica J.B. Morgan, P.E.
'+i M Managing Partner
G ~1
C 'o ,n Cc. File
Wem.
• $ Jim Stewart, Waterwood
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METES AND BOUNDS DESCRIPTION
OF A
0.191 ACRE TRACT
MORGAN RECTOR LEAGUE,A-46
COLLEGE STATION,BRAZOS COUNTY,TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND
LYING AND BEING SITUATED IN THE MORGAN RECTOR LEAGUE,ABSTRACT NO.46,COLLEGE
STATION,BRAZOS COUNTY,TEXAS. SAID TRACT BEING A PORTION OF A CALLED 20.00 FOOT
WIDE SEWER EASEMENT AS DESCRIBED IN VOLUME 479,PAGE 780 OF THE DEED RECORDS OF
BRAZOS COUNTY,TEXAS. SAID PORTION OF EASEMENT BEING LOCATED WITHIN A CALLED
7.011 ACRE TRACT DESCRIBED AS TRACT TWO BY A DEED TO WATERWOOD TOWNHOMES,
L.P., RECORDED IN VOLUME 5157, PAGE 63 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS
COUNTY,TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF WINDSOR
POINTE,ACCORDING TO THE PLAT RECORDED IN VOLUME 2354,PAGE 257 OF THE OFFICIAL
PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE NORTH CORNER OF LOT 1,
BLOCK 1,E.&M.JONES FARM PLACE,ACCORDING TO THE PLAT RECORDED IN VOLUME 5190,
PAGE 162 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, SAID IRON ROD
FOUND MARKING THE WEST CORNER OF SAID 7.011 ACRE TRACT;
THENCE: N 42° 21' 14" E ALONG THE COMMON LINE OF SAID 7.011 ACRE TRACT AND
WINDSOR POINTE FOR A DISTANCE OF 247.49 FEET TO A 1/2 INCH IRON ROD FOUND MARKING
THE NORTHWEST CORNER OF SAID 20.00 FOOT WIDE EASEMENT AND THE POINT OF
BEGINNING OF THIS HEREIN DESCRIBED TRACT;
THENCE: N 41°58'42"E CONTINUING ALONG THE COMMON LINE OF SAID 7.011 ACRE TRACT
AND WINDSOR POINTE FOR A DISTANCE OF 20.00 FEET TO A POINT MARKING THE NORTHEAST
CORNER OF SAID EASEMENT, FOR REFERENCE A '/2 INCH IRON ROD FOUND MARKING AN
ANGLE POINT IN SAID COMMON LINE BEARS: N 41°58'42"E FOR A DISTANCE OF 262.76 FEET;
THENCE: S 47° 35'56" E THROUGH SAID 7.011 ACRE TRACT AND ALONG THE NORTHEAST
LINE OF SAID EASEMENT FOR A DISTANCE OF 416.52 FEET TO A POINT MARKING THE
SOUTHEAST CORNER OF THIS HEREIN DESCRIBED TRACT;
THENCE: S 42'31'50"W CONTINUING THROUGH SAID 7.011 ACRE TRACT AND THROUGH SAID
EASEMENT FOR A DISTANCE OF 20.00 FEET TO A POINT ON THE SOUTHWEST LINE OF SAID
EASEMENT MARKING THE SOUTHWEST CORNER OF THIS HEREIN DESCRIBED TRACT, FOR
REFERENCE A 5/8 INCH IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID LOT 1,
BLOCK I,E.&M.JONES FARM PLACE,AND THE WEST CORNER OF A CALLED 3.00 ACRE TRACT
AS DESCRIBED BY A DEED TO BEAUTIFUL SAVIOR EVANGELICAL LUTHERN CHURCH OF
COLLEGE STATION RECORDED IN VOLUME 682, PAGE 775 OF THE OFFICIAL RECORDS OF
BRAZOS COUNTY,TEXAS,BEARS: S 47° 35'56"E FORA DISTANCE OF 13.18 FEET;
THENCE: N 47° 35'56"W CONTINUING THROUGH SAID 7.011 ACRE TRACT AND ALONG THE
SOUTHWEST LINE OF SAID EASEMENT FOR A DISTANCE OF 416.33 FEET TO THE POINT OF
BEGINNING CONTAINING 0.191 OF AN ACRE OF LAND. SEE PLAT PREPARED JULY 2004 FOR
MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID
NORTH AS ESTABLISHED FROM GPS OBSERVATION.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
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PROCEDURE FOR
ABANDONMENT OF A PUBLIC
RIGHT-OF-WAY/EASEMENT
A. An application for the abandonment of a public right-of-way/easement by the City
of College Station must be made pursuant to the procedure described below in
order to get a request before the City Council. The application should insure that
all stipulations and instructions outlined herein have been complied with prior to
submission of the final application for action by the City Council of the City of
College Station.
1. Application required
Attached to this information sheet is an application form for the aban-
donment of a public right-of-way/easement.
2. Submission deadline
The application must be completed and returned to the Development
Services Department. The Development Services Department will
circulate the application among the various City departments for review
and approval. After all City departments have executed the application, it
will be forwarded to the Engineering Department. The Engineering
Department will place the application on the next Council agenda. The
City Council holds regular sessions on the second and fourth Thursdays
of the month at 7:00 p.m. An applicant may attend the meeting, if desired.
The item will be presented by the staff. After Council consideration of the
request, the applicant will be notified of the action taken by the Council
relative to the abandonment request.
3. First page of application
a. On the first page of the application, the heading information to be
filled in includes the name of the addition or subdivision in which
the public right-of-way/easement is located. The exception to this
case would be the abandonment of a street, in which case the
street name would appear in the heading. The date the application
is prepared should be entered in the appropriate space. Item No. 6
on the first page should set out the names and addresses of the
abutting property owners who have not consented to the vacation
and abandonment which you seek. Abutting property owners are
(1) owners of land that abut any portion of the land immediately
next to the public right-of-way/easement proposed to be aban-
doned, and (2) owners of land within 1,000 feet of either end of the
proposed abandonment area. You should also state why their
consent was not obtained; that is, if you were unable to locate the
abutting property owners or if the abutting property owner refused
to give his or her consent, you should so state briefly setting out the
points of objection that such owner might have to this aban-
donment. Additional sheets may be used if necessary to fully
explain.
b. Item No. 7 provides space for a brief statement of the reason such
right-of-way/easement should be abandoned. Item No. 8 should
relate briefly the history of the use of the right-of-way/easement
sought to be abandoned. It is very important that the full name and
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address of the applicant be shown in the space provided. This will
insure proper notification to the applicant following action by the
Council. The applicant's signature must appear immediately above
the typed name and the notary certification must be completed.
4. Exhibit No. 1
Please note that the abandonment of right-of-way/easement may convey,
by law, part of the property to the abutting property owner on the other
side. You must provide, attached to the application, two sealed metes
and bounds descriptions (dividing the area in half) of the area sought to
be abandoned. It is required that you have a licensed land surveyor
provide this information for you. Please note, an employee of the Engi-
neering Department, by law, cannot prepare legal descriptions for you.
5. Exhibit No. 2
You must provide, attached to the application, two copies of a plat or
detailed sketch of the right-of-way/easement sought to be abandoned.
Again, this item is most easily furnished by a licensed land surveyor. It
must clearly show the surrounding areas to the nearest streets in all
directions, abutting lots, and the block or blocks in which the area sought
to be abandoned is located. It shall also show the names of the record
owners of the lots abutting the area sought to be abandoned.
6. Exhibit No. 3
Exhibit No. 3 must be executed by the various utility companies shown.
As applicant you are responsible for circulating the application and secur-
ing the signatures of the authorized representatives.
7. Exhibit No. 4
Exhibit No. 4 must be executed by the various City of College Station
staff. The Development Services Department will be responsible for
circulating the application amongst the City departments.
8. Exhibit No. 5
Exhibit No. 5 constitutes the consent of the abutting property owners
(other than the applicant) to the vacation and abandonment. The full
names, addresses and signatures are required for all who consent to the
requested abandonment. The names and addresses of those who cannot
be contacted should appear under Item No. 6 on with the appropriate
explanation made on Page 1 of the application.
B. In the preparation of your application, should you encounter any problems or
have questions, the answers to which you are unable to find in this information
sheet, please do not hesitate to contact the Development Services Department
for assistance.
C. By Council Resolution No. 8-23-01-11.06, the fee for an application has been set
at $300.00, which is non-refundable.
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