Loading...
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. •,. "' /7-- Zve/ Sig/re re Owner, Agent or A•plicant Date js/c/forms/abandon application rev 2002.doc _ 3 8/4/2004 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) -4 - js/c/forms/abandon application rev 2002.doc 8/4/2004 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 js/c/forms/abandon application rev 2002.doc - 5 8/4/2004 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. - 6 - js/c/forms/abandon application rev 2002.doc 8/4/2004 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. js/c/forms/abandon application rev 2002.doc - 7 8/4/2004 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.- -�-6. _ -e rt 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 - 8 - js/c/forms/abandon application rev 2002.doc 8/4/2004 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 js/c/forms/abandon application rev 2002.doc - 9 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 / c am- - E C.. r t _1 r 7i 50 e._ Fron7-0,j ""�y�y Co./Dept. Co. Jti� )b 1®' /0— Phone# Phone# Fax# Fax# - 9 - js/c/fonn/abandon application rev 2002.doe 8/4!117()4 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: - 10 - js/c/forms/abandon application rev 2002.doc 8/4/2004 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: - 10 - js/c/forms.abaodor'application rev 2002.doc 8/4/2004 (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 y r.„1442 V > (nn SAProk0229-stewartcondos\docs\cvltr2Bridgette4SSABandonment-doe gt � m uNat ii‘ ri = Y. .—:, 9.4 in (3 uta. 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 6F^ D:lwork104-0492.mab ►'Web" •`� ' '. v/, • 't. BRAD KERR • 4502 SURv� Z 0 I= Z I- Ir CrW<iiF- 5?O < w (0 Cf1 J J ~ 01 W II Zwc� � U � X _ F—WwQao w w o QQ<U O O ca0 co Zw� / f LL7Z = O �Nrn di mjU CrC.1v / J W c Q = 0 O U) U O W O 0 N g N 0_ V7 / M x � N I— VO iiI..,•••• e 4:0 CL< 4, y(j)`-- �. w CM cn% w w ♦♦♦♦♦♦♦�. , u •.>. m .• o Z" Z 3 ♦♦♦♦D♦�• ♦ ri Li0 Ils w Aga (0 a cw .441111.P/ ♦♦ w z 0 �.♦♦♦ ni ♦♦♦♦1in 4°,11 t� w U ♦♦♦♦♦♦♦♦♦♦♦ 1- 1.-- n Q' ♦♦♦ kJ CD • • • • N/9 • `29 •♦♦♦�♦/ 00/Tra4 s.? Cil z 6,c). ♦+t o 0 o.• ♦♦♦ 01 r m a CL w 0 J IO 0_ ♦ O• z =Z oX Zo > Z W U w OCnNN >m r' Uu_ 2 Ou W (� i OWN tr \ ZOZo a2 wo D OW <O �o N�1Oj 0 D ' tO W OW No �O =2 N tO Q (i) N N r,0d. I CYi-F" r1Ln� Ulz Z� >-• U-IJ_ = O�oo CC\ CO O ^ v w u.i x a i. Z oza QOp d co z CO =� ��� COgO d'>3`db��b 00 �Li) 0 Z w W Z- l 02Z,n mtw3 CI Ln- o \ o.,d%9 2 0� w� pw �O It!, mom o=Wo `�.( aJ �N \ �pJy,,-. ♦ as c~i z m �� J~ aoO V ��ja '�i > o d� •a o v o O O N aso ix ����S' .9 Dg� y�y�y��tio)a22 s w� �o� J w �j('(3 a O, O�/'l/� 0 * \ Jy/4, lti�o m C�O J is J ol 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 js/c/forms/abandon application rev 2002.doc 8/4/2004 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. - 2 - js/c/forms/abandon application rev 2002.doc 8/4/2004