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HomeMy WebLinkAbout06-00500097J For cejun Only P&Z Case No. I Date Submitted: U gQvgptisorkno.N 11 45 j vt ABANDONMENT OF PUBLIC ROW-OF-WAY/EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS 0 $300.00 Abandonment of Public Right-of-Way(ROW)JEasement 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). A completed copy of the Easement Dedication Sheet application with all requirements. ADDRESS ( 01 V NiVerS13y Drive E, LEGAL DESCRIPTION Lo+ 3 A Block Q Te LIVI co1n Price APPLICANT(Primary Contact for the Project): Name Frealk A') rckeyE-Mail t-('lgckey e h tI lW M)eiop,,eit I-, C oM Street Address I bd I m lNi SI-type 1, St);le 4'700 City DU IIris State 1}(" Zip Code /75-9,0a I _ Phone Number 3iL_ 9aa, 10814 Fax Number '944.. 93a. fCRg PROPERTY OWNER'S INFORMATION(ifdifferent from above): NameTZr 1e Creek Colley() S" t(n Slide;Scroll, Oraboix2 Street Address q yp City 5401 , Zip Code Phone Number Fax Number The applicant has prepared this application and certifies that the facts stated herein and exhibitsattachedheretoaretrueandcorrect. Nadu, Ve DaiSgnatureofOwnerDate rvr -!e (Feel( Cofie e S144h Suli-er, LW, Ytcit'OJri 14o lx Tt < ") IJ-5 £ e 1 PGr1-t 't 3l% r`=(Ink 144ckey, [, Vice Presidefii APPLICATION FOR THE ABANDONMENT OF A PUBLIC RIGHT-OF-WAY/EASEMENT Date: 2.0O‘ Location of Right-of-Way/Easement to be Abandoned: 1010 U f 11/Q.fl i iy Or i ue E., poiNiAbn n? IoJ- 3A Nock 1 ) One Llncofo ()Wei aTmetii- (cci3 ' Ott: (4(PM- 4-0 aria Accu-olfl1)25 eats+ Corner OF n 5 c we pool room v vF pool ropeny e s Name&Address: ri4P Caoot. Co'l?P „woo >w P), cl) 1601 DJI, 511'04,154 4700 ; Deijigf, Tx 75aoI Property Owner's Phone Number: 2M• 911. 1084 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 bnd 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) 2- 7. Such public right-of-way/easement should be abandoned because: See &w ys 4pp1fr kra 8. Such public right-of-way/easement has been nd is being used as follows: 1 swear that all of the information contained in this application is true and correct to thebestofmyknowledgeandbelief. Tuti4e Cte ek Co l t e e S fq M on SO ief LW. QRy ;' 114c oc e , t4-s C-ent A41 her, Owner's Signature: CA-614h- fiyl VP Irignk A1uckgx (hs Vire PJ'Psi4erg Owner's Name: li Ceepk Co fjeee Stu Pon Si),J1 L k/• Owner's Address: 1(30i Lim Si-tee+, Owner's Phone Number: 1 tl, q STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS ) ViLbsrrib.. and wo byfore , a ota Public, this -`"' day of2 Notary Public r and f•' stlY4G9 CAROL F, SPANK the State of Texas f L Notary Pubtlot INN 01 inn" '\ 4= My CommIsslatt Gk Iran Application for Abandonment of a Public Right-of-Way/Easement Located: 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. City Engineer Building Official City of College Station City of College Station Zoning Official Fire Marshal City of College Station City of College Station IY141-:"4 ctric partment Water Services Department City of College Station -4)906 City of College Station 7 - See Peevi l pll fy f)oi) Application for Abandonment of a Public Right-of-Way/Easement Located: 10k Univer' y Niue [, EXHIBIT NO 'I Attached are two sealed copies of the metes and bounds description of the public right-of-way/easement situated in Addition/Subdivision totheCityofCollegeStation, Brazos County,Texas, sought to be abandoned. 4- see ()ftV o s *bar 14w Application for Abandonment of a Public Right-of-Way/Easement Located: 1010 Un IPPS' ty D n ye E EXHIBIT NO.2 Attached are two copies of a plat or detailed sketch of the public right-of-way/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 public right-of-way/easement sought to be vacated is situated, and the addition or subdivision in which the portion of the public right-of-way/easement sought to be abandoned is situated. Also, the names of record owners of the abutting lots are shown. 5- See PNViOtX 1 pPliCol iii Application for Abandonment of a Public tRight- of-Way/Easement Located: IMO )ve+rst4y O ve r EXHIBIT NO.3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. ATMOS GAS COMPANY BY: Title VERIZON TELEPHONE COMPANY BY: Title COX COMMUNICATIONS BY: Title 6- Pevo '5 4pph 3rbO Application for Abandonment of a Public Right-of-Way/Easernent Located: 1010 UniVeff 1-y Drive E. 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. City Engineer Building Official City of College Station City of College Station Zoning Official Fire Marshal • City of College Station City of College Station Electric Department Water Services Department City of College Station City of College Station 7- 4111‘ Application for Abandonment of a Public Right-of-Way/Easement Located: 1010 Univers l4a./ n r I ve E. EXHIBIT NO. 5 The undersigned, owners of property abutting upon that portion of the public right-of- way/easement ight-ofway/easement named and described in the Application for Abandonment of a Public Right-of-Way/Easement referred to above, do hereby consent to such abandonment. A/0 Gdsolmul, pfo(?rly Otvilets , Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: g_ jy , e.„ 44.3„,., For Office Use Only 4 P8Z Case No. a Q r Date Submitted: \ ' -i CITY OF COLLEGE STATION Planning 6-De+elopmentSrrvues PIGo t 1. ABANDONMENT OF PUBLIC ROW-OF-WAY/EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS 300.00 Abandonment of Public Right-of-Way(ROW)/Easement application fee. 2(/'completed copy of the attached Abandonment of Public ROW/Easement application. Ail exhibits processed (except for Exhibit No. 4,which will be processed by staff). ADDRESS 10 /0 aniviej4, Dr,'ve.. - E. LEGAL DESCRIPTION 1,01" 3A 1 Mak' 1-j Om.4;6ta0" ea t.- APPLICANT(Primary Contact for the Project): t Name PIkirkM4 s E-Mail _ 7 okou.utIt o161111t4f.tour Street Address 7S02. 6 reWait_ Ay¢.- 5ti;k, Sop City 44)14$ State TXZip Code 75.231 Phone Number .2141- $90• ?PUS Fax Number .3Iy- 0"40- 055' PROPERTY OWNER'S INFORMATION(if different from above): Name 55iri4 Devdormen ' ; LM. E-Mail Street Address haw. 4,.5 C love City State Zip Code Phone Number Fax Number The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true and correct. Signature of Owner Date APPLICATION FOR THE ABANDONMENT OF A PUBLIC RIGHT-OF-WAY/EASEMENT Date: 3 2 9 aCOPY Location of Right-of-Way/Easement to be Abandoned: /010 (Aeudrly avt_ foe dr Zo.k34 , eiock .J (,cwt.. .nCan f u. ease... . ' ioadd et(6Acc"4 p a 40104.e a(( etas t. corm 4 1 f-Irw e (tool room *so, of Property Owner's Name & Address: .. t;4 o +c.r! f v(. 5a,2 rttnv:l& At s ,5;;,ft S401./4A Zje 75.23/ Property Owner's Phone Number: .2i'I - '7O-- 98 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 follbwing: 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. 6, is the consent of ail the abutting property owners, except the following: (if none, so state) 2- 7. A License to Encroach the public utility easement should be granted because: eaSei1?eni' 100-6 (J1dc., 40,-/ t74 i:6'ed , 66‘,..//01nq olta ylyzoi14;i1 ,eicidf,Azipili (jr'a Aceedicicheei ) 8. Such public utility easement has been and is being used as follows: 7ifl farmers dim' ligdorcrazind e/ec'iiical. No evideaet n(dns/ other pug? /dikily . COP94? I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief. r Applicant's Signature a +e, Applicant's Name: 77000 1.;--Arrht411, Applicant's Address: 930..2. A•rweit. <r/fes ire X-00 cam•ffas ?r :7s:a3j Applicant's Phone Number. . 1Y/A'90•Mar-- OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS Subscribed and sworn to be •4- e a Notary Publi ,_ tis h day of2CLutty_ . 2OO.a, by ,!'sig :0 , A 41106 n"- Notary Pubbe,state of Taxa., No rttif,4":W is in anatti r24,2030 Jthe :. 5- js/clrurm/cnoroch1 11/19/2004 Application for License to Encroach a Public Utility Easement Located: JOG' Gini/ jil"i r'e E COrl EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for License to Encroach the public utility 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 license from the City's standpoint. City 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 9-jsktformsfcncrcchi I if 9rzooa 4. Exhibit No. *1 You must provide, attached to the application, two sealed copies of the metes and bounds description of that portion of the public utility easement sought to be encroached upon, prepared by a Registered Public Surveyor. Please note, an employee of the Engineering Department, by law, cannot prepare legal descriptions for you. 5. Exhibit No. 2 You must provide, attached to the applicatiQOPY o copies of a plat or detailed sketch of the easement proposed to be encroached upon. 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 encroached upon is located. It shall also show The names of the record owners of the lots abutting the area sought to be encroached. 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 encroachment. The full names, addresses and signatures are required for all•who consent to the re- quested encroachment. 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 ofthe 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. 8-23-01-11.6, the fee for an'application has been set at$325.00, which is non-refundable. 2- ja/dforms/encrochl 1111412004 COPY PROCEDURE FOR A LICENSE TO ENCROACH UPON A PUBLIC UTILITY EASEMENT A. An application for a License to Encroach upon a public utility 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. I. Application reauired Attached to this information sheet is an application form for encroachment upon a public utility 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, 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 encroachment request. 3. First Daae 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 utility easement is located. 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 encroachment which you seek. 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 encroachment. Additional sheets may be used if necessary to fully explain. b. item No. 7 provides space for a brief statement of the reason why such License to Encroach should be granted. item No. 8 should relate briefly the history of the use of the easement sought to be encroached. It is very important that the full name and 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. it rncrochi Application for License to Encroach a Public Utility Easement J,Located: /O/iVer5iI q Drive EXHIBIT NO. 5 GOV° The undersigned, owners of property abutting upon that portion of the public utilityeasementnamedanddescribedintheApplicationforLicensetoEncroachaPublic Utility Easement referred to above,do hereby consent to such license. P4AY N ME: 5j?//2t% flit/roe,/vo ADDRESS:-fO/D 1/4//,01/r4bcu/ 4 I A pT-oli/urQ- LD q/1r7G 5-4soes 7i6 aftis NAME: ADDRESS: Z/t1711/1-- 2. 11i to NAME: ADDRESS: NAME: ADDRESS: 10- js/c/foansienerochl 11/19/2004 Application for Abandonment of a Public Right-of-Way/Easement Located: )0/0 U++%woodyJ Locate N The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public utility easement sought to be encroached upon in the Application for License to Encroach above referred to, do hereby consent to the encroachment of the described portion thereof. TXU GAS COMPANY BY: Title VERIZON TELEPHONE COMPANY BY: Title COX COMMUNICATIONS BY: Title ,% ,,'-veer- .S—.134-e16 ja1dfomlcuerochI I?/1912004 Application for Abandonment of a Public Right-of-Way/Easement Located:010 2r;re- COP1 EXHIBIT.NO. The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public utility easement sought to be encroached upon in the Application for License to Encroach above referred to, do hereby consent to the encroachment of the described portion thereof. TXU GAS COMPANY BY: Title VERIZON TELEPHONE COMPANY ltl$ lead ller^ .. -e yF COX COMMUNICATIONS BY: Title g_ isic/formsteacsochl IU19!2004 METES AND BOUNDS DESCRIPTION OF A 161.6 SQUARE FOOT TRACT PORTION OF LOT 3A,BLOCK 1 ONE LINCOLN PLACE COLLEGE STATION,BRAZOS COUNTY,TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED INCOLLEGE STATION,BRAZOS COUNTY,TEXAS. SAID TRACT BEING A PORTION OF LOT 3A,BLOCK 1,ONE LINCOLN PLACE,ACCORDING TO THE PLAT RECORDED IN VOLUME 5190,PAGE 160 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT LYING WIT EN AN EXISTING 842 SQUARE FOOT UTILITY EASEMENT ORIGINALLY RECORDED IN VOLUME 3383 P OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT BEING MORE PARTICULARLY DESC• t a ' i BOUNDS AS FOLLOWS: COMMENCING AT A V2 INCH IRONROD FOUND MARKING THE EAST CORNER OF SAID LOT 3A; THEbiCE: S41°00'03"WALONG THE SOUTHEASTLINE OFSAID LOT 3AFORADISTANCE OF 20.00 FEET TO A POINT ON THE EXTENSION OF THE SOUTHWEST LINE OFAN EXISTING 20.00 FOOT WIDE UTILITYAND WATERLINE EASEMENT,FOR REFERENCE APK NAILFOUND MARKING THE SOUTH CORNER OF SAID LOT 3A BEARS: S 41°00'03"W FOR A DISTANCE OF 32054 FEET; THENCE: N 49°01'02"W THROUGH SAIDLOT 3A AND ALONGTHE SOUTHWEST LINE OF SAID 20.00FOOT WIDE UTII.TTY AND WATER LINE EASEMENT,AND THEEXTENSION THEREOF,FOR A DISTANCE OF 51.65 FEET TO APOINT MARKING THE NORTH CORNER OF SAID 842 SQUARE FOOT UTILITY EASEMENT; THENCE: S41*01'20"W CONTINUING THROUGH SAIDLOT3A ANDALONG THENORTHWESTLINEOF SAID 842 SQUARE FOOT UTILITYEASEMENTFOR A DISTANCE OF 17.46 DEET TO APOINT ON THENORTHEAST LINE OF AN EXISTING STRUCTURE MARKING THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: ALONG THE OUTEREDGE OF SAID STRUCTURE AND CONTINUING THROUGH SAID LOT 3AAND SAID 842 SQUARE FOOT UTILITY EASEMENT FOR THE FOLLOWING CALLS: S 48°42'50"E FOR A DISTANCE OF 13.64 FEET TO A POINT; S 41°02'27"W FORA DISTANCE OF 11.86 FEET TO A POINT; N48°36'05"WFORADISTANCEOF 13.64 FEET TOAPOINT ON THENORTHWESTLINE OF SAID842 SQUARE FOOT UTILITY EASEMENT; THENCE: N 41°01'10"E CONTINUING THROUGH SAIDLOT 3A,THROUGH SAID STRUCTUREAND ALONG THE NORTHWEST LINE OF SAID842 SQUARE FOOT UTILITY EASEMENT FORA DISTANCE OF 11.83 krtt TO THE PONT OFBEGINNING CONTAINING 161.6 SQUARE FEET OF LAND AS SURVEYED ON THE GROUND NO VEER2005. SEPPLATPREPARED FEBRUARY 2006,FORMOREDESCRIPTIVE INFORMATION.BEARING SYSTEM SHOWN HEREIN IS BASE DON THE PLAT CALL BEARINGS OF ONE LINCOLN PLACE,5190/I60. BRADKERR REGISTERED PROFESSIONAL LAND SURVEYOR No.4502 t -aap 11lW0RIC/MABA36-095,MAB 1,-;• Qfi' o9`' a r' • k BRAD KERR 1 114:0 S1jRV' yC q70e. Q Q 4V s a UU to w.. d CO taJ 0 4gI Qn0 Zm^- J0 so. vlJ gF 4 cnv 4oro C=a 4, 0_ MZ O i Qm NnWN -a o x _ 45"A P.41? Qu0m %t''f 3fcacJa1 xNty t 0Z _ash h D.-O Z z as m 4 N ca a°' ca85s g40O,.IQy uPN. of ? 5 o w0 a P ^a4s bwc O iig c k 1! GO g 0 44.19:03NN g ~ t Al•4. v 4......,.. ZEN fp x44:4 .r C ti y, 4',.• rirrrr. !ii i. • it:s` 44.:+:01f4;" :.,. fir .:a.+:..:r:r'r.:::;.`. mino1N\llY w ZSo$ 2 in caw W 6Q Eoz 1 Ayg p+ o o V":.S.4 °A; • as o 7 17z, VS Ailce eJ VT e (ryfO grc`1';' : IP:():Q Qq[It . 11..---_-.7.y..------- rs 8 x s Q csci` f x I- e5,x o,a U v O d a O b W-O +.- z Yj ii.!Q W N nN m"a J J j. b0a 1—i__: 0 O 1op CK n Vsg 47 r Q M 0-0 0..14 J W ya epiIVQ7pgu 45- it 04. .4, j yr 0 0 rn crx m4101, =. cNi X Q,ILM 4 N m 40 A t.'3' (19 C°° Lsl 6 0 6'm8 v ujouloCZo ,5,.. 8 Wa„Ui6. 6N Q0 w mxid Q. V/! N Zi yix p N p GOVI A.__ .......„..,N` .° 2404P0b14` f3N N Ne.. 41"." 47'.......n g N iii{. 0 6w AelC b 4firrlrrrt+t{ o 41j. 4,,,..0„::::...4::::::::+4t. q Or •,•,•,•i•. ••trr!•,•rtl t, iii. V •t...• S Jt••t..• • ••.•,•. eit,... l..if..,' Y. 4 9,0 F-r!•{.• 0--_2 t•• * '-' o x 4 VoR. f` tf um'2 6gAgiu E- 0z' 1n mad i . g5Oalcoo 0 el,— UCtZ 1FI w PS r- yyy c, 2 cnZwraW sn05, 5i,. :.......,0 w Q oS II tr 0. •p •St,CC ilgto ry yy Qo• ct<:' k fCOI• a W a L ioe. W `" r g FI METES ANDBOUNDS DESCRIPTION OF A 161.6 SQUARE FOOT TRACT PORTION OFLOT 3A,BLOCK 1 COP ONE LINCOLN PLACE COLLEGE STATION,BRAZOS COUNTY,TEXAS METES AND BOUNDS DESCRIPTIONOFALL THATCERTAIN TRACT OF LAND LYING AND BEING SITUATED INCOTJFOE STATION,BRAZOS COUNTY,TEXAS. SAID TRACT BEINGAPORTIONOFLOT 3A,BLOCK 1,ONE LINCOLN PLACE,ACCORDING TO THE PLAT RECORDED IN VOLUME 5190,PAGE 160 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT LYING WITHIN AN EXISTING 842 SQUARE FOOT UTILITY EASEMENT ORIGINALLY RECORDED IN VOLUME 3383,PAGE 284 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A'A INCH IRON ROD FOUND MARKING THE EAST CORNER OF SAID LOT 3A; THENCE: S 41'W03'W ALONG THE SOUTHEAST LINE OF SAID LOT 3A FORA DISTANCE OF 20.00 I.t.h.1 TO A POINT ON THE EXTENSION OF THE SOUTHWEST LINE OFANEXISTING 20.00 FOOT WIDE UTILITY AND WATERLINE EASEMENT,FORREFERENCE A PK NAILFOUND MARKING THE SOUTH CORNER OF SAID LOT 3A BEARS: S 41°00103"W FORA DISTANCE OF 320.54 FEET; THENCE: N49°01'02*W THROUGH SAIDLOT 3AAND ALONG THE SOUTHWEST LINE OF SAID 20.00FOOT WIDE UTILITY AND WATER LINE EASEMENT,AND THE EXTENSION THEREOF,FOR A DISTANCE OF 51.65 FEET TO A POINT MARKING THE NORTH CORNER OF SAID 842 SQUARE FOOT UTILITYEASEMENT; THENCE: S41*01'20'W CONTINUING THROUGH SAID LOT 3A ANDALONG THENORTHWESTLINEOFSAID 842 SQUARE FOOT UTILITY EASEMENT FOR ADISTANCE OF 17.46 FEET TO APOINT ON THE NORTHEAST LINE OF AN EXISTING STRUCTURE MARKING THE POINT'OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: ALONGTHE OUTEREDGE OF SAID STRUCTURE AND CONTINUING THROUGH SAID LOT 3AAND SAIp 842 SQUARE FOOT UTILITY EASEMENT FOR THE FOLLOWING CALLS: S 48°42'50"E FORA DISTANCE OF 13.64 FEET TO A POINT; S 41°02'27"W FOR A DISTANCE OF 11.86 FEET TO A POINT; N48°36'05*W FORADISTANCE OF 13.64 FEET TOAPOINT ONTHE NORTHWESTLINEOF SAID 842 SQUARE FOOTUTILITY EASEMENT; THENCE: N 41°01'10"E CONTINUING THROUGH SAID LOT 3A,THROUGH SAID STRUCTURE AND ALONG THE NORTHWESTLINE OF SAID 842 SQUARE FOOT UTILITY EASEMENT FORA DISTANCE OF 11.83 ktEl TO THE POINT OFBEGINNING CONTAINING 161.6 SQUARE HST OFLAND AS SURVEYED ON THE GROUND NOVEMBER2005. SEE PIAT PREPARED FEBRUARY 2006,FOR MOREDESCRIPTIVE INFORMATION.BEARING SYSTEM SHOWN HEREIN IS BASE DON THE PLAT CALL BEARINGS OF ONE LINCOLN PLACE,5190/160. BRAD IERR REGISTERED PROFESSIONAL RaLANDSURVEYORNo.4502 zr D IWORKR4ABA106-075.MAB c'. it`d' BRAD KERR ,› 1\ , •4342 sop Noted` su For ,as Only pa Cate No. 1 pate Subm, ;NIMBI 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). A completed copy of the Easement Dedication Sheet application with all requirements. ADDRESS 1010 Universi4y Drive E-, LEGAL DESCRIPTION 1,0+ 3 A , 8 lock (line LWh COin Pio Ce APPLICANT(Primary Contact forthe Project): PiloNameFretYkJllkckeyrE-Mail t-n'lockey e 1 ti lc1t?UelopmenI', Co StreetAddress i hc•i r l i St-t'ee3, Svi le 4goo City Do Iris State rX Zip Code /75-910 I _ Phone Number 3) . 9'a a. 1034 Fax Number a14. QaP. PROPERTY OWNER'S INFORMATION(if different from above): Name IL Cheek Colley(' Slq k ) Si)0e4 "CIE-Mail Scot/e gr abovve Street Address c _cc,ove City 5wgta Zip Code Phone Number Fax Number The applicanthas prepared this application and certifies that the facts statedherein and exhibitsattachedheretoaretrueandconed. 409034-gnatureof g. 03006SOwnerfiiCt\ Date TVrile (Pfek College S-,iiorl, Sur}-e-, L.{/• 11q m, f-61-e is TIi< . i3- £-er ert7I Pcir1-leer, If 1:7rgnk AMITY/ A-5 kip Pft',nden-4 4 For Office Use Only P&Z Case No. 1 9 Date Submitted: '\ . CITY OF COLLEGE STATION Planning&Development Services j L-_;Y. ABANDONMENT OF PUBLIC ROW-OF-WAY/EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS J[ /$300.00 Abandonment of Public Right-of-Way (ROW)/Easement application fee. 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 /0 /b VnAfte Pti 0E3.A-, E. LEGAL DESCRIPTION 4)4" -34 Nock 1,) 06.k.,1-.....(0)" % c APPLICANT (Primary Contact for the Project): I Name o'h k';rk lahc E-Mail *kyle& *,L,....k. ed`Ibro, 4 f. c orn7 Street Address 7502. 6 R eviv 1IC, A e- 5 w4 500 City Dct)IGS State rie Zip Code 7502.3( Phone Number zy - 00- ?pus Fax Number —7141- 890 - 1365- PROPERTY 35sPROPERTYOWNER'S INFORMATION (if different from above): Name 5 iri-i Dev/c/opMeo+ .11 [44. E-Mail Street Address alt.**. GS c'vitt- City oth City State Zip Code Phone Number Fax Number The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true and correct. 5,-k, 40,/,',L.../; ../..c. — ,,,,,,,,t /9„,,,,,v Signature of Owner Date APPLICATION FOR THE ABANDONMENT OF A PUBLIC RIGHT-OF-WAY/EASEMENT Date: 3/2/ /06 Location of Right-of-Way/Easement to be Abandoned: /0 /0 (f„i'vee;sy Pr%c- Zsf, p ri on 0r L0 i. 34 , 61041 D 1..'n[Dl r, Pk cc. easew.e iv-41d ets 4re,vt- r L -li„{v e, 600/ o .SovM ofar Qd VOinin 'ASt' Corner" pT r+U room - 1,Property Owner's Name & Address: 4%3 Aopr'e -A GM. 750 2 Orcen v,7, 1L 5i,,1t Soo L //a i 75( 75.2 31 Property Owner's Phone Number: 21q - 870 - 98--`' 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) 2 - 7. A License to Encroach the public utility easement should be granted because: eaSe w7L Cc/a,5 CJIcifittoc( (J/, / 44 •k' ' .j a-f • 4 O •-,r)-)/ i3' '/`#),.0 Pi(Peen2o9i //'Pa,6eeallelehed 8. Such public utility easement has been and is being used as follows: lidnsfirmer5 arid C%I?c/ergrez!nci elecb-jca i, Aic evic'enEc i i*liwcer t , 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 e e/-7-' Applicant's Name: 770074/ A<,sMil6 Applicant's Address: 2$aZ A.e.)7(4.4 1.eie54 ,S-611) de) 5.1ke5 5/ 23-2 3/ Applicant's Phone Number: ai 1I'QO'7o 3" STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS ) 11 Subscribed and sworn to be:or r 'a Notary Publi ,_ t is w I (p day of Fc'v Clot 200_, by i i 4110` Si:s" LOl1TA BYNUMrria 3 1,, cil^ Notary Public,State of Texas Not 11 :„. s IC in 3111141'24,2010 Ithe -7-7—.7 5 - js/c/forms/encrochl 11/19/2004 Application for License to Encroach a Public Utility Easement Located: /O/O (172iYer5i fy On've EXHIBIT NO. 1 Attached are two sealed copiess of the metes and bounds description of that portion of the public utility situated in (./7e /into/n Place Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be encroached upon. 6 - js/c/forms/encrochl 11/19/2004 METES AND BOUNDS DESCRIPTION OF A 161.6 SQUARE FOOT TRACT PORTION OF LOT 3A,BLOCK 1 ONE LINCOLN PLACE COLLEGE STATION,BRAZOS COUNTY,TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYINGAND BEING SITUA[E1) IN COLLEGE STATION,BRAZOS COUNTY,TEXAS. SAID TRACT BEING A PORTION OF LOT 3A,BLOCK 1,ONE LINCOLN PLACE, ACCORDING TO THE PLAT RECORDED IN VOLUME 5190, PAGE 160 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT LYING WITHIN AN EXISTING 842 SQUAREFOOTUTILITYEASEMENTORIGINALLYRECORDEDINVOLUME3383,PAGE 284 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A'/ INCH IRON ROD FOUND MARKING THE EAST CORNER OF SAID LOT 3A; THENCE: S 41°00'03"WALONG THE SOUTHEAST LINE OF SAID LOT 3A FORA DISTANCE OF 20.00F1±T TO A POINT ON THE EXTENSION OF THE SOUTHWEST LINE OF AN EXISTING 20.00 FOOT WIDE UTILITY ANDWATERLINEEASEMENT,FOR REFERENCE A PK NAIL FOUND MARKING THE SOUTH CORNER OF SAID LOT 3A BEARS: S 41°00'03"W FOR A DISTANCE OF 320.54 FEET; THENCE: N 49°01'02"W THROUGH SAID LOT 3AAND ALONG THE SOUTHWEST LINE OF SAID 20.00 FOOTWIDEUTILITYANDWATERLINEEASEMENT,AND THE EXTENSION THEREOF,FOR A DISTANCE OF 51.65 FEET TO A POINT MARKING THE NORTH CORNER OF SAID 842 SQUARE FOOT UTILITY EASEMENT; THENCE: S 41°01'20"W CONTINUING THROUGH SAID LOT 3AAND ALONG THE NORTHWEST LINE OF SAID 842 SQUARE FOOT UTILITY EASEMENT FOR A DISTANCE OF 17.46 FEET TO A POINT ON THE NORTHEAST LINE OF AN EXISTING STRUCTURE MARKING THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: ALONG THE OUTEREDGE OF SAID STRUCTURE AND CONTINUING THROUGH SAID LOT 3A AND SAID 842 SQUARE FOOT UTILITY EASEMENT FOR THE FOLLOWING CALLS: S 48°42'50"E FOR A DISTANCE OF 13.64 FEET TO A POINT; S 41'02'27"W FORA DISTANCE OF 11.86 FEET TO A POINT; N48°36'05"W FOR ADISTANCE OF 13.64 FEET TO A POINT ON THE NORTHWEST LINE OF SAID 842 SQUARE FOOT UTILITY EASEMENT; THENCE: N 41°01'10"E CONTINUING THROUGH SAID LOT 3A,THROUGH SAID STRUCTURE AND ALONGTHENORTHWESTLINEOFSAID842SQUAREFOOTUTILITYEASEMENTFORADISTANCEOF11.83 FEET TO THE POINT OF BEGINNING CONTAINING 161.6 SQUARE FEET OF LAND AS SURVEYED ON THE GROUND NOVEMBER 2005. SEEPLATPREPARED FEBRUARY 2006,FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASE DON THE PLAT CALL BEARINGS OF ONE LINCOLN PLACE,5190/160. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No.4502 OS . q, D:/WORK/MAB/06-075.MAB t:• 2 G ia"•, h BRAD KERB A94502ir x• 0ytiQ E o••,1. SUR1>i> Application for License to Encroach a Public Utility Easement Located: /C/9 un Ye'i'i -tri ve E, EXHIBIT NO. 2 Attached are two copies of a plat or detailed sketch of the public utility easement sought to be encroached upon in the above-mentioned application, showing the surroundingareatotheneareststreetsinalldirections, abutting lots, the block or blocks in which theportionofthepublicutilityeasementsoughttobeencroacheduponissituated, and theadditionorsubdivisioninwhichtheportionofthepublicutilityeasementsoughttobe encroached upon is situated. Also, the names of record owners of the abutting lots are shown. 7 - js/c/forms/encrochl 11/19/2004 0o n 0 ° e 4 0Q A. W O5JP4JU0% bti 40Jt J f-mU O womu wm^mAbp1- g0U wMOI onn w^ C.22 O.. • Zrn Cl-N 11^0O pQ a4Foi f aciftwgo0/ Z z I <oa01 N. Quern N O O w U a WN O 3843 JwJ hNwO w O1, N 9 w3a N 6!b i,N s s N. 7 u, N cia 0ZmZW e4.\ 0 iiiiiii 4 c\ 17,411- O•. iiiO ii i - o' Oiii ipiii Dig• iii x 8 • .•• FIc''" •.l iiii`iiO/' -f ), p Z gl.••4.•••••4) (0 off a'- t4J CI op 7---''' -\.,. so in o a.m NN NZ Q XP0 71 t J z WDM]Yfn0. L W G2 z 3v o CI oga 0 y>' D 4 oz oz J CO Qp 0 4 mF Nui O n 4- DZ 2 z u_mm W OQ W ZZV)t'I aZ ZZ Z 01 ctw ¢w W al= io 1 ¢ ti•. to ZN z_ cl, th U! w a MtCC. Z m AO'Y o • t W m a w/T •c 4 t 0 Q v W Vj i• 0= z 0 w tU ¢ Oi I 1- 6 I" fid!a•••. ••'fi. i Za w WO GWJ41WO U (-4 CO> Application for Abandonment of a Public Right-of-Way/Easement Located: 0/d Uri tor-sir ,'w E• EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station; that portion of the public utility easement sought to be encroached upon in the Application for License to Encroach above referred to, do hereby consent to the encroachment of the described portion thereof. TXU GAS COMPANY Title Env els£-i VERIZON TELEPHONE COMPANY BY: Title COX COMMUNICATIONS BY: Title 8 1119/ 2004eacrochl 7 i +70c+7 'OKI 1181 tiLL 6L6 AH3N3 SOMA WV00 : 11 9001 '9 MW Application for Abandonment of a Public Right-of-Way/Easement Located:r J U Uni Ay 6;. EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public utility easement sought to be encroached upon in the Application for License to Encroach above referred to, do hereby consent to the encroachment of the described portion thereof. TXU GAS COMPANY BY: Title VERIZON TELEPHONE COMPANY BY: Title COX COMMUNICATIONS BY: Title 9G.y eq 3 r/,Vt 8- js/c/forms/encroch1 11/19/2004 Application for Abandonment of a Public Right-of-Way/Easement Located:Jot 0 On/t/e1ss / g'''c t1 EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public utility easement sought to be encroached upon in the Application for LicensetoEncroachabovereferredto, do hereby consent to the encroachment of the described portion thereof. TXU GAS COMPANY BY: Title VERIZON TELEPHONE COMPANY BY: r/c E./D.4 1=•ge2 COX COMMUNICATIONS BY: Title 8 - js/c/forms/encrochl 11/19/2004 MAY-05-2006 FRI 03:58 PM FAX NO.P. 01 Application for License to Encroach a Public Utility EasementsLocated:.. 0/G'// ver„illL/., J. rl p? E, EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for License to Encroach the public utility 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 qu-sted license from the City's standpoint. aer Building Official City of College Station City of College Station Zoning Official a 1 a sha City of College Station City of College Station Director of Public Utilities City of College Station 9 l h19r200ak.rr2ic Incrcx;h1 06/28/2006 10:43 FAX 979 764 3452 COLLEGE STATION PUB.UTL. fj001 MaIJA114 Application for License to Encroach a Public Utility Easement Located: JOG' (fn< ver 6lic1 ] h re. E EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefullyconsideredtheApplicationforLicensetoEncroachthepublicutilityeasementreferredtoabovefromthestandpointofCityofCollegeStationordinancesandwithrespecttopresentandfutureneedsoftheCityofCollegeStationandseenoobjectiontothe requested license from the City's standpoint. City Engineer Building OfficialCityofCollegeStationCityofCollegeStation Zoning Official Fire Marshal City of College Station City of College Station D erector of P bile Utilities• t„Ja,er Irv;cts 0174- City of College Station UU LZ au...e 0(.0 jakJformarrncroch 1 11/192004 06/27/2006 17:12 FAX 979 764 3452 COLLEGE STATION PUB.UTL. - DEV SERVICES 21001 7671 Date Past-its Fax Note From w To Go. patt ogles). Co./DePt• Phone# Phone# Fax L - Application for License to Encroach a Public Utility Easement Located: /0/C tiny trerr,1i. .7ri r'e Lc, EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for License to Encroach the public utility 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 license from the City's standpoint. City 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 61zArvt, 0 C Cs7<z, j8/dfamaiencrech1 17/1912004 Application for License to Encroach a Public Utility Easement Located:r,g Oh' /!&( Dri Iv' EXHIBIT NO. 5 The undersigned, owners of property abutting upon that portion of the public utility easement named and described in the Application for License to Encroach a Public Utility Easement referred to above, do hereby consent to such license. P46/6( f N ME: j/Zt/ eti(0 /Y / / Lif ADDRESS: fe,/O U4/4c4 we- p wa- G ,Sf4s yy, ver/b as NAME: ADDRESS: 2. « • 06 NAME: ADDRESS: NAME: ADDRESS: 10 - js/c/fornis/encrochl 11/19/2004 energy FACSIMILE TRANSMITTAL SHEET TO: FROM: Hunter Goodwin Kimberly Winn COMPANY: DATP.: 3/6/2006 PAX NUMHF..R; TOTAL NO.OF PAGE INCLUDING COVER: 691-5787 4 Ft-PONE NUMAER: 774-2506 RE: FAX NUMBER: Easement Encroachment 774-2503 a 0 URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE NOTES/COMMENTS: 297 N. EARL RUDDER FREEWAY, BRYAN, TEXAS 77802 l l,G7 W/ 6/ h hMI NS SOW I d Wd00 : l l 9002 METES AND BOUNDS DESCRIPTION OF A 161.6 SQUARE FOOT TRACT PORTION OF LOT 3A,BLOCK 1 ONE LINCOLN PLACE COLLEGE STATION,BRAZOS COUNTY,TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN COLLEGE STATION,BRAZOS COUNTY,TEXAS. SAID TRACT BEING A PORTION OF LOT 3A,BLOCK 1,ONE LINCOLN PLACE, ACCORDING TO THE PLAT RECORDED IN VOLUME 5190,PAGE 160 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT LYING WITHIN AN EXISTING 842 SQUARE FOOT UTILITY EASEMENT ORIGINALLY RECORDED IN VOLUME 3383,PAGE 284 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A'/7 INCH IRON ROD FOUND MARKING THE EAST CORNER OF SAID LOT 3A; THENCE: S 41°00'03"W ALONG THE SOUTHEAST LINE OF SAID LOT 3AFOR A DISTANCE OF 20.00 FEET TO A POINT ON THE EXTENSION OF THE SOUTHWEST LINE OF AN EXISTING 20.00 FOOT WIDE UTILITY AND WATERLINE EASEMENT,FOR REFERENCE APK NAIL FOUND MARKING THE SOUTH CORNER OF SAID LOT 3A BEARS: S 41°00'03"W FOR A DISTANCE OF 32054 FEET; THENCE: N490 01'02"W THROUGH SAID LOT 3A AND ALONG THE SOUTHWEST LINE OF SAID 20.00 FOOT WIDE UTILITY AND WATER LINE EASEMENT,AND THE EXTENSION THEREOF,FORA DISTANCE OF 51.65 FEET TO A POINT MARKING THE NORTH CORNER OF SAID 842 SQUARE FOOT UTILITY EASEMENT; THENCE: S 41'01'20"W CONTINUING THROUGH SAID LOT 3A AND ALONGTHENORTHWEST LINEOF SAID 842 SQUARE FOOT UTILITY EASEMENT FOR A DISTANCE OF 17461ST TO A POINT ON THE NORTHEAST LINE OF AN EXISTING STRUCTURE MARKING THE rpm OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: ALONG THE OUTER EDGE OF SAID STRUCTURE AND CONTINUING THROUGHSAID LOT 3AAND SAID 842 SQUARE FOOT UTILITY EASEMENT FOR THE FOLLOWING CALLS' S 48°42'50"E FOR A DISTANCE OF 1164 FEET TO A POINT; S 41° 02'27"WFORA DISTANCE OF 11.86 FEET TO A POINT; N 48°36'05"W FORA DISTANCE OF 13_641411.T TOA POINT ON THE NORTHWEST LINE OF SAID 842 SQUARE FOOT UTILITY EASEMENT; THENCE: N 41°01'10"E CONTINUING THROUGH SAID LOT 3A,THROUGH SAID STRUCTURE AND ALONG THE NORTHWEST LINE OF SAID 842 SQUARE FOOT UTILITY EASEMENT FORA DISTANCE OF 11.83 rEETTO THE POINT OF BEGINNING CONTAINING 161.6 SQUARE FEET OF LAND AS SURVEYED ON THE GROUND NOVEMBER 2005. SEE PLAT PREPARED FEBRUARY 2006,FORMORE DESCRIPTIVE INFORMATION.BEARING SYSTEM SHOWN HEREIN IS BASE DON THE PLAT CALL BEARINGS OF ONE LINCOLN PLACE,5190/160. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No.4502 OF STS •:} D_/WORK/MABK6-075_MAB Q`G ir,Z9' BRAD KERR i4 f 4502 ^1: Q 9ySU4 C. 0Gb .oM L7GZ till 6/6 ANI1N1 SOWld Wd00 : 11 9002 9 'J r-A iE °E I 1 •2 •.` wi nme -•+M D Nh.'` • .rzw I USN 4T :c 'F ri p 0 O err rt):-,1vmq3 • C.v) 0. .s,. H. rix NI 0 o, _ Zz Yt VVIrn °8CW V} z5 z co r r O z f D 0 O( it rn m I . g XD IDI 4 ` 07 rn_ O1. 0 g cv q, 44,40,„Aj z R g;.+••i...•••1, z x•4••...0 .0 a .••••••Q•Op•.• Si•.A•. . .0....• 1t,•••••, 11.e). , :•.:::.•.•:• 1 ,rte R 2 Oi•••••••.• bei O,ZQ f.. N. i N U S fit t i/ 1Y NN.... c N. y> x rte° ti O a93z rc o6"........, may c a2C 13u.47 0 rri O0 Ca"U 5- nm c_-13 9CZ Z 6 qC s ' zOCDArlgTuix vr ;Wlns (U C F CF1 pJ Q_ D J o-. ." DC3O-,pzc, „„„,, ” O- Zoj e Cac $;OPUNQ D D c be, of. / b n, o r W 0 i O r ' 1 +,o(+, •0AI I ZGZ WI 6/ 6 AD)I N3 SOWIV Wd00 : l l 9002 '9 'a 'W Application for Abandonment of a Public Right-of-Way/Easement Located: 0/0 Uri ive,r5i,cr EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public utility easement sought to be encroached upon in the Application for License to Encroach above referred to, do hereby consent to the encroachment of the described portion thereof. TXU GAS COMPANY B -.- —*- Title Fievykru ii_ Title cu i.;r-- VERIZON TELEPHONE COMPANY BY: Title COX COMMUNICATIONS BY: Title 8 11/form//Wcroch1 7 'd f4gt '0N 1656 tiLL 61.6 AJHN3 SOWIV Wd00 : l 1 9006 '9 'a PN 4- U,1112<- im NUI Ali'+. C) Oma tt a:.a•i •••• i/ r m cn; D t .as :m '9e•`..\m om O;O ,D. G2.,.•1 dpi ogL. r> 0 x(11. LLI,gt7: .i• Ni:'t1au- r o o 7 • .;cn ^ 0'.m.. m 71 II Dmc>Tf mW Z Gsp •37s ,•i••/ GIs i- tcc-no rn mp I.rm vz 00 ° 3m-^ zz a> fTl-. N = Z o0 CO rC7 , m oin c Q p O vo z51 i13 C7 0 m D 2 C7 E, z ` II . m n r Z • a 0uuucm W' Vc- I. t. 4N z to ou co etIP-.,.. z Z r''r Oi ', Z o 01 Coz b; pq q4; ••••4:•.O• x' 07• 0• O 4:::,,';‘......4.: 4424....::::::: 4:44.:s., eCio OY o.•.• c •o AV*** •q•E •• c•z Si 0 cn rsstir?DL \ ` 0 0*,,, NSigO- o 7 4I vNN4\'' mc 4rNV1- >zr - 4ON o at 21 Np N s2D _a0$ NmIczzzt ` Dcy _qq,A=o nom>xrn Omf'1003 + T zm m 'I`Oz Z r--- -,– sr,'Igi4 y I 0- pO\a9.pN it N Z xs"0s / ow >0C'e• 2mco ' o 771--i 0o23UIo wu . < ucn m o r n r-1 W RCia- (Dm cnrn0O nr Sc° F ticZc) o0 cp ti4y I G F o X rn s' Q cn METES AND BOUNDS DESCRIPTION OF A 161.6 SQUARE FOOT TRACT PORTION OF LOT 3A,BLOCK 1 ONE LINCOLN PLACE COLLEGE STATION,BRAZOS COUNTY,TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUAI ED IN COLLEGE STATION,BRAZOS COUNTY,TEXAS. SAID TRACT BEING A PORTION OF LOT 3A,BLOCK 1,ONE LINCOLN PLACE, ACCORDING TO THE PLAT RECORDED IN VOLUME 5190, PAGE 160 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT LYING WITHIN AN EXISTING 842 SQUARE FOOT UTILITY EASEMENT ORIGINALLY RECORDED IN VOLUME 3383,PAGE 284 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A''/2 INCH IRON ROD FOUND MARKING THE EAST CORNER OF SAID LOT 3A; THENCE: S 410 00'03"W ALONG THE SOUTHEAST LINE OF SAID LOT 3A FOR ADISTANCE OF 20.00 FEET TO A POINT ON THE EXTENSION OF THE SOUTHWEST LINE OF AN EXISTING 20.00 FOOT WIDE UTILITY AND WATER LINE EASEMENT,FORREFERENCE A PK NAIL FOUND MARKING THE SOUTH CORNER OF SAID LOT 3A BEARS: S 41°00'03"W FOR A DISTANCE OF 320.54 FEET; THENCE: N 49°01'02"W THROUGH SAID LOT 3A AND ALONG THE SOUTHWEST LINE OF SAID 20.00 FOOT WIDE UTILITY AND WATER LINE EASEMENT,AND THE EXTENSION THEREOF,FOR A DISTANCE OF 51.65 FEET TO A POINT MARKING THE NORTH CORNER OF SAID 842 SQUARE FOOT UTILITY EASEMENT; THENCE: S 41°01'20"W CONTINUING THROUGH SAID LOT 3A AND ALONG THE NORTHWEST LINEOF SAID 842 SQUARE FOOT UTILITY EASEMENT FOR A DISTANCE OF 17.46 FEET TO A POINT ON THE NORTHEAST LINE OF AN EXISTING STRUCTURE MARKING THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: ALONG THE OUTER EDGE OF SAID STRUCTURE AND CONTINUING THROUGH SAID LOT 3A AND SAID 842 SQUARE FOOT UTILITY EASEMENT FOR THE FOLLOWING CALLS: S 48°42'50"E FOR A DISTANCE OF 13.64 FEET TO A POINT; S 41°02'27"W FOR A DISTANCE OF 11.86 FEET TO A POINT; N 48°36'05"W FORA DISTANCE OF 13.64 FEET TO A POINT ON THE NORTHWEST LINE OF SAID 842 SQUARE FOOT UTILITY EASEMENT; THENCE: N 41°01'10"E CONTINUING THROUGH SAID LOT 3A,THROUGH SAID STRUCTURE AND ALONG THE NORTHWEST LINE OF SAID 842 SQUARE FOOT UTILITY EASEMENT FORA DISTANCE OF 11.83 FEE1 TO THE POINT OF BEGINNING CONTAINING 161.6 SQUARE FEET OF LAND AS SURVEYED ON THE GROUND NOVEMBER 2005. SEE PLAT PREPARED FEBRUARY 2006,FORMORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASE DON THE PLAT CALL BEARINGS OF ONE LINCOLN PLACE,5190/160. BRAD KERR REGISTERED PROFESSIONALLANDSURVEYORNa.4502 4k.-<1. • aOF........ D:/WORK/MAB/06-075.MAB A\b. ' `Q`` G, R O ' A1i BRAD KERR i a.................. •aaa a•aa•Naa•DS,.•J 450'2 us Y ayOQ' SURy.c>.' 1- PROCEDURE FOR A LICENSE TO ENCROACH UPON A PUBLIC UTILITY EASEMENT A. An application for a License to Encroach upon a public utility 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 encroachment upon a public utility 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, 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 encroachment 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 utility easement is located. 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 encroachment which you seek. 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 encroachment. Additional sheets may be used if necessary to fully explain. b. Item No. 7 provides space for a brief statement of the reason why such License to Encroach should be granted. Item No. 8 should relate briefly the history of the use of the easement sought to be encroached. It is very important that the full name and 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. js/c/forms/encrochl 11/19/2004 4. Exhibit No. 1 You must provide, attached to the application, two sealed copies of the metes and bounds description of that portion of the public utility easement sought to be encroached upon, prepared by a Registered Public Surveyor. Please note, an employee of the Engineering 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 easement proposed to be encroached upon. 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 encroached upon is located. It shall also show the names of the record owners of the lots abutting the area sought to be encroached. 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 encroachment. The full names, addresses and signatures are required for all who consent to the re- quested encroachment. 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. 8-23-01-11.6, the fee for an application has been set at $325.00, which is non-refundable. 2 - js/c/forms/encrochl 11/19/2004 r September 14, 2006 Regular Agenda 1010 University Public Utility Easement Abandonment r.—... Mt. WPU— CANT s/ 6t/M'- To: Glenn Brown, City Manager PCM"Wr - MA01)3014&I From: Charles McLemore, Acting Director of Public Works Agenda Caption: Public hearing, presentation, possible action, and discussion on an ordinance vacating and abandoning a portion of a variable width public utility easement located on Lot3A, Block 1, of One Lincoln Place Subdivision in the City of College Station. Recommendation(s): Staff recommends approval of the ordinance. Summary: The easement proposed to be abandoned is a portion of a variable width public utility easement located on Lot3A, Block 1, of One Lincoln Place Subdivision in the City of College Station. No public utilities are located within the area to be abandoned. aNi 1.1 7 46411/12)A44444r. !d Budget & Financial Summary: N/A Ai- 731E 941-1--e or/ VMi gri Jag- wt's?- or. S Robesw/Lntereu, Attachments: 1. Vicinity Map vtAr 2. Ordinance for abandonment of the portion of the public utility easement 3. Exhibit "A" of the Ordinance 4. Application for abandonment of the portion of the public utility easement S(44-I"bt MO. CC? 701 %ww1o2iv su1) Tp AomcbAp it" p-- oetoWNA t-Aismp GO MI coveixf/'4 'iti Pool- }n copsrytuArreo IT tsyLeseActi-E& pv -pre 1--kvvievb12- poi:ELt-m-Lc runc-I o a la- p/460c / re-tit/ u1Z lrll3 g_v,! am. e Gc pkePc' 4ti't'( P a—. c-tm nno ,en-s P mi)wpooN As 1( cf IW fof sei &U1 rw&tom' 4; tem ire u.,...,, .. , iv.,,,,,,, . i.. ps iR)_ ..;_ l"F7. I' 1 Qxt,t r” i4 MI I Y _ - i y kyr - 4,` p 5 8 ql p Y c 1 q'` ' "(1 5 y i , max- r". ^p,i I' IFA, L gip i k ?' i{ 1 Y` Sri.J lr, so y 7 4 • SNL a olt„z r ul _ J O` a s y Vicinity / ,,,,,,p?/ ,1 F N It y ; 5)"\ Zt ) r 13`'I ,1\\, w x,,,44 + .. r r 1 '''-‘,. .-.'•-7 ‘„, \---y, 41- ,,,, cti 4 .‘ 7, ' tli 111 ii A 1 inch equals 2,000 feet k r 1 f lYi. ORDINANCE NO. AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 161.6 SQUARE FOOT PORTION OF THE VARIABLE WIDTH PUBLIC UTILITY EASEMENT, SAID PORTION LYING ALONG LOT 3A, BLOCK 1, OF THE ONE LINCOLN PLACE SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 5190, PAGE 160, OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a portion of the variable width public utility easement, said portion lying along Lot 3A, Block 1, of the One Lincoln Place Subdivision, according to the plat recorded in Volume 5190, Page 160, of the Official Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the"Easement"); and WHEREAS, in order for the Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Easement described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Easement will not result in property that does not have access to public roadways or utilities. 2. There is no public need or use for the Easement. 3. There is no anticipated future public need or use for the Easement. 4. Abandonment of the Easement will not impact access for all public utilities to serve current and future customers. PART 2:That the Easement as described in Exhibit "A" be abandoned and vacated by the City. ORDINANCE NO. Page 2 PASSED, ADOPTED and APPROVED this day of 2006. APPROVED: RON SILVIA, Mayor ATTEST: CONNIE HOOKS, City Secretary APPROVED: City Attorney woe s-1 x09.ti w Q 4, I- yc D4, uru s riy o db JU Q sWuo u, *x o nnN > r J ofiS rte I-„Qaap ONno0 (0.0/-RS02iaZNMin '$a egE `.t.C7 Q o q-4,, oy s' '% t".- m gos3J Y" y W c0 Z "4( 1,5 I. 46„4, 0 ui 2 •• 1-ca'9 rr I / QOQcgN vi tsg. vp+ LI- cr n ao a U W 0\\ N a 4/1j Ory NN1NtxtiWCf w#d sr,z., \ e0t ri gr 1 4. fr'4:` b n N 4s.---- I-o Lim 47 ...... •9 O w a g` \ c-) •iv:•: ' ,"• ••i METES AND BOUNDS DESCRIPTION OF A 161.6 SQUARE FOOT TRACT PORTION OF LOT 3A,BLOCK 1 ONE LINCOLN PLACE COLLEGE STATION,BRAZOS COUNTY,TEXAS METES AND BOUNDS DESCRIPTIONOF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN COLLEGE STATION,BRAZOS COUNTY,TEXAS. SAID TRACT BEING A PORTION OF LOT 3A,BLOCK 1,ONE LINCOLN PLACE,ACCORDING TO THE PLAT RECORDED IN VOLUME 5190, PAGE 160 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT LYING WITHIN AN EXISTING 842 SQUARE FOOT UTILITY EASEMENT ORIGINALLY RECORDED IN VOLUME 3383,PAGE 284 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS_ SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A'/%INCH IRON ROD FOUND MARKING THE EAST CORNER OF SAID LOT 3A; THENCE: S 41°00'03"WALONG THE SOUTHEAST LINE OF SAID LOT 3AFORA DISTANCE OF 20.00 FEET TO A POINT ON THE EXTENSION OF THE SOUTHWEST LINE OF AN EXISTING 20.00 FOOT WIDE UTILITY AND WATERLINE EASEMENT,FOR REFERENCE A PK NAIL FOUND MARKING THE SOUTH CORNER OF SAID LOT 3A BEARS: S 41°00'03"W FOR A DISTANCE OF 320.54 FEET; THENCE: N49°01'02"W THROUGH SAID LOT 3A AND ALONG THE SOUTHWEST LINE OF SAID 20.00 FOOT WIDE UTILITY AND WATER LINE EASEMENT,AND THE EXTENSION THEREOF,FOR A DISTANCE OF 51.65 FEET TO A POINT MARKING THE NORTH CORNER OF SAID 842 SQUARE FOOT UTILITY EASEMENT; THENCE: S 41°01'20"W CONTINUING THROUGH SAID LOT 3A AND ALONGTHE NORTHWEST LINE OF SAID 842 SQUARE FOOT UTILITY EASEMENT FOR A DISTANCE OF 17.46 FEET TO A POINT ON THE NORTHEAST LINE OF AN EXISTING STRUCTURE MARKING THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: ALONG THE OUTEREDGE OF SAID STRUCTURE AND CONTINUING THROUGH SAID LOT 3AAND SAID 842 SQUARE FOOT UTILITY EASEMENT FOR THE FOLLOWING CALLS: S 48°42'50"E FOR A DISTANCE OF 13.64 FEET TO A POINT; S 41°02'27"W FOR A DISTANCE OF 11.86 FEET TOA POINT; N 48'36'05"WFORA DISTANCE OF 13.64 FEET TOAPOINT ON THE NORTHWEST LINEOF SAID 842 SQUARE FOOT UTILITY EASEMENT; THENCE: N 41°01'10"E CONTINUING THROUGH SAID LOT 3A,THROUGH SAID STRUCTURE AND ALONG THE NORTHWEST LINE OF SAID 842 SQUARE FOOT UTILITY EASEMENT FOR ADISTANCE OF 11.83 E'TT TO THE POINT QE PEG-MING CONTAINING 161.6 SQUARE FST OF LAND AS SURVEYED ON THE GROUND NOVEMBER 2005. SEE PLAT PREPARED FEBRUARY 2006,FORMOREDESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASE DON THE PLAT CALL BEARINGS OF ONE LINCOLN PLACE,5190/160. BRAD KERR REGISTERED PROFESSIONAL o LAND SURVEYOR Na.4502 a pF........ D:/WORY MABID6-075.MAB Ly ' G, R` o ^ BRAD KERR i' 4502 Q". Y` 9 SUR ` PEZ Cess NnFar. w I+ c/ss Only iffS" 44.4 Date Submitted- X11 ai rir 1 I ,u Qr > I".t15 ABANDONMENT OF PUBLIC ROW-OF-WAYIEASEMENT 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). A completed copy of the Easement Dedication Sheet application with all requirements. ADDRESS 1010 Umversi y DriveeG, LEGAL DESCRIPTION, Lo+ 3A • Djock 0r)_.2 Liv)coin Plpce APPLICANT(Primary Contact hfor the Project): j Name F rCt Y k Mickey E-Mail Ffniatkty e Y1 it Ick LSU eiopm ell I-, coin StreetAddress 1601 1=i w, Si €1 Sv i le 4 g00 City Dci i 145 State 7-X Zip Code i7SAO I Phone Number 31`1 . 9a. 1084 Pax Number 314, ?),a. !Giig PROPERTY OWNER'S INFORMATION(if different from above): Name-I-Ur-1-1e CV`t!ek College Stu 41()Y) S)I.1() 5c,wic 4s a b ov Street Address1S q .vg City w1-Teta Zip Code Phone Number Fax Number The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true and correct. v ' Au,v5+ g', aoo- S gnature of Owner , I ' A Date ThCrIP Ct'eek Colley S-r1lon Svi; /• luewn 401-tis, To< . lis oleo?, furl- er 3y•• (=fgnk Mcickey, Al Vice Pf sJden4- APPLICATION FOR THE ABANDONMENT OF A PUBLIC RIGHT-OF-WAY/EASEMENT Date: 1 0,004, Location of Right-of-Way/Easement to be Abandoned: 101 0 Un verr l ty O 1') e E., po ivion nP. Iof- 3A , Flock I 1 One Llncolo PJgte1 aceimeii4- (cxcq'krj 4th,rgcpw- -{-o and Adb-oin,r)) eels- Co1`rer` of o s rvc C pool roomstaw-4z DP pool ro erty t e s pName&Address: nook. Colfpcje $f on SithPJ, .1cf.) 1601 EJM SkeeliSbIle 4700 ,. Qedlgs, 7?r 7saof. Property Owner's Phone Number: a.ILI. qo . 1084 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 end 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) 2- 7. Such public right-of-way/easement should be abandoned because: See Previous 4pplir4-146/1 8. Such public right-of-way/easement has been nd is being used as follows: I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief. T i-ie Creek Coit eye Sut 1ef LTJ 1 . /14cleoon I4ofels, t4-s pC— ener'i) IA+^Ftxi Owner's Signature: kko VC g ' Frgnk /Wckex , L'(15 Vie Rtes o'rF Owner's Name:To Mc. C1\° k Co Ileye Skiffon Si? L fc/. Owner's Address: 1(0{ Clay S iTei, Owner's Phone Number: 1)' 114 Ifi 0gii STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS Subscrib;• and sworn to bforerna, a oto Public, this -"" day of 200 , by rt, 42\ Notary Public and f• z,,10/11,/,k„, CAROCAROL,R 6PANN the State of Texas Notary Public,State of Taxa its My eitliiCommiisslgont 6Xpltee hn 3 7. A License to Encroach the public utility easement should be granted because: ea .ci ernf OIL5lititee-' UI7i-' 4 izVecd N__-5/26i(-V.netfro/i err? S(//I 4i/94,f3 Pale/1212191 eirPQ.I,5 'C cif'achec/ ) 8. Such public utility easement has/been and is being used as follows: lid nr er.5 dr?d UIII /grazinci e>/ec'it cal, lie' e'ic'eoee c(any Ogler pibl,!° Li // E' iv , 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 Signatur ;.cc4 61 e•17-""'. litApplicant's Name: c,r4f M rrMQ#6 Applicant's Address: 2502 6/'re!7(Jr/<r he S 10 las 7 2$;3/ Applicant's Phone Number: ay'//F90 STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS ) h velotUaty Subscribed and sworn to be • e a Notary Publi ,, t is day of Y 200 , by km G tS AIR* Int)LOLi1A BYNUM Notary Public,Sate of Texas No TO7'Z 'lc in aeilt#lttr24,2010 1the 5 - js/clfcrnislcncroch 1 11/19/2404 Application for License to Encroach a Public UtilityEasement Located: /0/0 ren/'rear'/y 2 r,'ye EXHIBIT NO. 1 Attached are two sealed copie of t e metes and bounds description of that portion of the public utility situated in h,,c n Pace Addition/SubdNision to the City of College Station, Brazos County, Texas, sought to be encroached upon. 6- js/c/fomms/encrochl 11/19/2004 METES AND BOUNDS DESCRIPTION OF A 161.6 SQUARE FOOT TRACT PORTION OF LOT 3A,BLOCK 1 ONE LINCOLN PLACE COLLEGE STATION,BRAZOS COUNTY,TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED INCOLLEGE STATION,BRAZOS COUNTY,TEXAS. SAID TRACT BEING A PORTION OF LOT 3A,BLOCK 1,ONE LINCOLN PLACE,ACCORDING TO THE PLAT RECORDED IN VOLUME 5190,PAGE 160 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT LYING WITHIN AN EXISTING 842 SQUARE FOOT UTILITY EASEMENT ORIGINALLY RECORDED IN VOLUME 3383,PAGE 284 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A''/2 INCH IRON ROD FOUND MARKING THE EAST CORNER OF SAID LOT 3A; THENCE: S 41*00'03"W ALONG THE SOUTHEAST LINE OF SAID LOT 3A FOR A DISTANCE OF 20.001.1E1 TO A POINT ON THE EXTENSION OF THE SOUTHWEST LINE OF ANEXISTING 20.00 FOOT WIDE UTILITY AND WATERLINE EASEMENT,FOR REFERENCE A PK NAIL FOUND MARKING THE SOUTH CORNER OF SAID LOT 3A BEARS: S 41°00'03"W FOR A DISTANCE OF 32034 FEET; THENCE: N 490 01'02"W THROUGH SAID LOT 3A AND ALONG THE SOUTHWEST LINE OF SAID 20.00 FOOT WIDE UTILITY AND WATER LINE EASEMENT,AND THE EXTENSION THEREOF,FOR A DISTANCE OF 51.65 FEET TO A POINT MARKING THE NORTH CORNER OF SAID 842 SQUARE FOOT UTILITY EASEMENT; THENCE: S 410 0I'20"W CONTINUING THROUGH SAID LOT 3AAND ALONG THE NORTHWESTLINE OFSAID 842 SQUARE FOOT UTILITY EASEMENT FOR A DISTANCE OF 17.46 FEET TO A POINT ON THE NORTHEAST LINE OF AN EXISTING STRUCTURE MARKING THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: ALONG THE OUTER EDGE OF SAID STRUCTURE AND CONTINUING THROUGH SAID LOT 3AAND SAID 842 SQUARE FOOT UTILITY EASEMENT FOR THE FOLLOWING CALLS: S 48°42'50"E FOR A DISTANCE OF 13.64 FEET TO A POINT; S 410 02'27"W FOR A DISTANCE OF 11.86 FEET TO A POINT; N 48°36'05"W FORA DISTANCE OF 13.64 FEET TOA POINT ON THE NORTHWEST LINEOF SAID 842 SQUARE FOOT UTILITY EASEMENT; THENCE: N 41°01'10"E CONTINUING THROUGH SAID LOT 3A,THROUGH SAID STRUCTURE AND ALONG THE NORTHWEST LINE OF SAID 842 SQUARE FOOT UTILITY EASEMENT FOR A DISTANCE OF 11.83 FEET TO THE POINT OF BEGINJ F)NG CONTAINING 161.6 SQUARE FEET OF LAND AS SURVEYED ON THE GROUND NOVEMBER 2005. SEE PLAT PREPARED FEBRUARY 2006,FORMOREDESCRIPTIVE INFORMATION BEARING SYSTEM SHOWN HEREIN IS BASE DON THE PLAT CALL BEARINGS OF ONE LINCOLN PLACE,5190/160. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No.4502 k;1$ D:1W0RYJMAB/06-075MAB BRAD KERR 9 4502 P y SUR_yv 3 y« Application for License to Encroach a Public Utility Easement Located: /0/) U/7/Y& i -Pri' E EXHIBIT NO. 2 Attached are two copies of a plat or detailed sketch of the public utility easement sought to be encroached upon in the above-mentioned application,. showing the surrounding area to the nearest streets in ail directions,abutting lots,the block or blocks in which the portion of the public utility easement sought to be encroached upon is situated, and the addition or subdivision in which the portion of the public utility easement sought to be encroached upon is situated. Also, the names of record owners of the abutting lots are shown. 7- js/c/farms/encroch1 11/19/2004 Sat Lt.; a° ' S iyl w acb Qy FY O a 2 ti JO U tCZ Un^ CP Jay 3- Er-I C.) 0 1,'.,o u Z X5db. mg U t8n,nn E0 n 15V. Q f -0lF 4 d a0.a0N^QpaNa qp Z N N—iv Off' R 44, . r-r 'LL-.-in ••- 0z gvalr N sU.1 O 0--jLi Z o+ o ZZD= = o o N.IQa( coW ir VI1.0 111 M341 Sinn r• N J INza N ca 1 b tiz NW 00, wa 4N. EOa; w 1\ N IQ * r7N 1 a v\ 1+ x/ 171 4 7r. N Co 4 a zwm iii'8x. N pry'. z:..to.444.. _/ Ib 4. di•••i•i•••i•••i ' • •••POO••••••••• O? Q Pii4'i" got`414 CiCi'- ir li, ... u.0 0 ici 7'.....- -•••-•-,.... zz ti •Nti zz CL CO V uzi1niD,_ J Z t,j7nnnd r Y idV a w U ao n a0 4 o L.m v o NNNt2Z LL W Owa a t Gj• dO ' 3 a& 00r43N 717:<-7:,‘" 5 FA t7 UW_ 1-1 t 0 a .g.4 w n x o cn. tO m fid' Q• `'' a "Zr sCO. iX O•U) a 61 q may,r .4 M Q• ./ 4 m n Application for Abandonment of a Public Right-of-Way/Easement Located: 0/0 al rc,r t1)'w E, IBiT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the C of College Station; that portion of theJ WIRY easement sought to be encroac in the Application for License to Encroach above referred to,do hereby consent to encroachment of the described portion thereof. TXU GAS COMPANY s B Title v VER1ZON TELEPHONE COMPANY BY: Title COX COMMUNICATIONS BY: Title p'. 8- eaorochl 17r7 +,01 KIK jnu1u1 enmity WV00: l l 9007. 1 .a ew Application for Abandonment of a Public Right-of-Way/Easement Located:0 t O Vn'vst A y ,Ir,ve-- 6 EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public utility easement sought to be encroached upon in the Application for LicensetoEncroachabovereferredto, do hereby consent to the encroachment of the described portion thereof. TXU GAS COMPANY BY: Title VERIZON TELEPHONE COMPANY BY: COX COMMUNICATIONS BY: Title 8- jskJforrns/encsochl 11/1912004 Application for Abandonment of a Public Right-of-Way/Easement Located:1 I D Ur"erS i vcr &. EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public utility easement sought to be encroached upon in the Application for LicensetoEncroachabovereferredto, do hereby consent to the encroachment of the described portion thereof. TXU GAS COMPANY BY: Title VERIZON TELEPHONE COMPANY BY: Title COX COMMUNICATIONS BY: %l: a. ... Title ,%. - jeer" .3 2Vi36 8 js/c/forms/eocrochE 11/19/2004 MAY-05-2006 FRI 03:58 PM FAX NO, P. 01 Application for License to Encroach a Public Utility Easement Located: JO/0 LAr,e ref-4114...T.?r EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for License to Encroach the public utility easement referred to above from the standpoint of Cii of College Station ordinances and with respect to present and future needs of the Cityof College Station and see no objection to the nu-Mad license from the City's standpoint. 1 J C eer u 'mg • 'icia City of College Station City of College Station Zoning Officia City of College Station City of College Station Director of Public Utilities City of College Station isll980110"o"n 0,6/26/2006 10:43 FAX 979 764 3452 COLLEGE STATION PUB.UTL.E]001 Act4 AtC/ Application for License to Encroach a Public Utility Easement Located: /0/C (II7 r Yer 6i fc( ,)Yi r'e e, EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefullyconsideredtheApplicationforLicensetogricrOrZhtheutilityeasementreferred to above from the t(if ofCol Win. rdi s and with respect to present and futurene sof the C y of College Station and see no objection to the requested license from the City's standpoint. City Engineer Building Official City of College Station City of College Station Zoning Official Fire Marshal City of College Station City of CoNege Station 41, eV' 1 actor: I. Application for Abandonment of a Public Right-of-Way/Easement Located: EXHIBIT NO. 4 The undersigned, C` staff of the City of College Station, certify that theycarefullyhave considered the Application for Abandonment of the public right f-way/e Ment referred to above m the standpoint of Cityof College Station ordinances and with to present andfuture needs of the ity of College Station and see no objection to thehrequested abandonment from the City's standpoint. City Engineer Building Official City of College Station City of College Station Zoning Official Fire Marshal City of College Station City of College Station Elf :g' t Water Services Department City of College Station 'Z/7-810E)City of College Station 7- Application for License to Encroach a Public Utility Easement Located: /C/O (Ii iter,:ify Dr/re e: EXHIBIT NO. 5 The undersigned, owners of property abutting upon that portion of the public utilityeasementnamedanddescribedintheApplicationforLicensetoEncroachaPublic Utility Easement referred to above,do hereby consent to such license. 1P/tOl id) N ME: 57/2/7- eveireefrel4iii ADDRESS: 161/49 t4/Nyc, 21LA1 Ai- ,40 NAME: ADDRESS: 2. 111 . 042 NAME: ADDRESS: NAME: ADDRESS: 10- js/c/forxns/encroch l 11/19/2004 M 2) 2) _0_ 4 I W N s p CO UO V CA CP y W N r 3 c m'Z COwm d O .+ .+ t7 b V1 O Q Cr N 11Ni c y G b a p a t-' Cly ,,`..,VI 7 o lr cyna y :o ayrpr• n a cc00 W ty 0 xico of 17 n'G c/l p '1 111,..,Cr1rkls1.7 '' a m 3 t a n x A F.n mV m o Cr N b4. •PZ y J v'O d t' mp p rd Og' W C7 °M x M 1 2 2 b co 0 X C m o - v CD CD 3; N C 0 oamooman.. rm' R. n -< oa Z 3 2 y a n m n o 02-0z " ? 3 m:l 3 3 'O w Q 28m' nv fn JJ 37 373 o m m mF D aI CDQ ml N a m7o . . 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ANSa!WndaPINNW+Ilauno0uo!iWS06%00041 @teratm,o17Q1dActJ3ILON 21aHNIDNIAIDINVISISSV 'HS SgHIDNV'IV OLS£179L'6L6s)JJoMo?mind qPMJa2uuelAipafozdauuomuooasiaid `fut.reatiotigndsiqOuip11ofuogeuuojutpuompp1zoj 686Z'S£L'008'1Win) Lt7S£179L'6L611E3sluauzaueureaapux01 •Outiaauzaiii aiojagsmog817apuuzaglsnuzpainduzi2uueaqalpzojsaopuasanuazdzalutu0iszo3lsanbazAuy 900Z `17IioquialdaS `Apsinuiuoitouno0alpJo2u9aaux •ux•d00:Lanuany maiI0IIootidsaaiio0alpIosiaquzeti0itouno0alputpianaqiiJM2uuvaqaqj aOViduioourlMO `1100TH `V£ 1o1 ` g)JQAIIsNamNI10101JoJ .LN1Y\iNOQNdgd INHINHSVIuizapisuoout.zeauotigndpionii!Mitouno0uonelga2aHo0a4I. JNI2I'gHOIIgfldAO1OIION Zt8LLXZ `1109ms32oIIoD 0966XOH 'O'd uoguls3001103JO/CIt0 uai2pur11sriOZ'TIIH VINO900Z `6ZIS110f1V `AVQSHf1I :UHSI'IHfldHg01HIVCI 3[3110N 'IVVOTI 03111111-3Mn 08/25/2006 09:43 FAX 9797740053 THE EAGLE 2001/002 NOTICE OF PUBLIC HEARING The College Station City Council will hold a public hear- ing to consider an EASEMENT ABANDONMENT for 1010 UNIVERSITY DR E., Lot 3A, Block 1, One Lincoln Place. The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Council on Thursday, Septem- ber 14, 2006. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call 979.764.3547 or (TDD) 1.800.735.2989. For additional information regarding this public hearing, please contact the Project Manager with Public Works at 979.764.3570. ALAN GIBBS SR.ASSISTANT CITY ENGINEER 8-29-06 C 1 s? • 1/410,31)p.. icky L a' L NOTICE dt.))DATE TO BE PUBLISHED: TUESDAY, AUGUST 29, 2006 ONLY BILL TO: Lisa Lindgren City of College Station P.O. Box 9960 College Station, TX 77842 NOTICE OF PUBLIC HEARING: The College Station City Council will hold a public hearing to consider an EASEMENT ABANDONMENT for 1010 UNIVERSITY DR E., Lot 3A, Block 1, One Lincoln Place. The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Council on Thursday, September 14, 2006. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call 979.764.3547 or(TDD) 1.800.735.2989. For additional information regarding this public hearing, please contact the Project Manager with Public Works at 979.764.3570. ALAN GIBBS SR. ASSISTANT CITY ENGINEER s\P' 9.fik J EGAL OTICE p) A `i ATE TO BE PUBLISHED: TUESDAY, AUGUST 29, 2006 ONLY BILL TO: Lisa Lindgren City of College Station P.O. Box 9960 College Station, TX 77842 NOTICE OF PUBLIC HEARING: The College Station City Council will hold a public hearing to consider a ASEMENT ABANDONMENT for 1010 UNIVERSITY DR EE . Ct ellfd The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Council on Thursday, September 14, 2006. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call 979.764.3547 or (TDD) 1.800.735.2989. For additional information regarding this public hearing, please contact the Project Manager with at 979.764.3570. Qwbli- Wo(kS ALAN GIBBS G .•ASSISTANT CITY ENGINEER 07/14/2006 09:31 FAX 512 990 9217 COMMONWEALTH LAND TITLE J 003 OWNER POLICY OF TITLE INSURANCE SCHEDULE A G.F. No. 2518000642 Policy;No. 2518000642 Amount of Insurance: $5,789,500.00 Premium: $30,948.80 Date of Policy: April 17,2006 1. Name of Insured: Turtle Creek College Station Suites Ltd.,a Texas limited partnership 2. The estate or interest in the land that is covered by this policy is: FEE SIMPLE-Tract I EASEMENT ESTATES -Tracts Il, Ill 3. Title to the estate or interest in the land is insured as vested in: Turtle Creek College Station Suites Ltd.,a Texas limited partnership 4. •The land referred to in this policy is described as follows: TRACT I: Lot 3A, Block 1, ONE LINCOLN PLACE, an Addition to the City of College Station, Brazos County, Texas, according to the amended plat thereof recorded in Volume 5190, Page 160, of the Official Records of Brazos County,Texas. TRACT It: Easement rights created by dedication of private access easement by Plat recorded in Volume 690, Page 175 of the Plat Records, as shown on plat recorded in Volume 5190, Page 160 of the Official Records, of Brazos County, Texas, as shown on survey dated December 2,2005,by Brad Kerr, R.P.L.S. No.4502, upon and across: Lot 2, Block 1, ONE LINCOLN PLACE, an Addition to the City of College Station, Brazos County, Texas, according to the plat thereof recorded in Volume 690, Page 175,of the Plat Records of Brazos County,Texas. TRACT ill: Easement rights created by Easement Agreement for Reciprocal Driveway Access dated September 19, 2002, executed by and between Spirit Development I, Ltd. and LTHV#1, L.P., recorded in Volume 4869, Page 252 of the Real Property Records of Brazos County, Texas, as shown on plat recorded in Volume 5190, Page 160 of the Official Records of Brazos County, Texas, as shown on survey dated December 2, 2005, by Brad Kerr, R.P.L.S. No.4502,upon and across: Commonwealth Land Title Insurance Company Form T-1 OTP(GF#:2518000642) Page 1 Policy No.2516000642 07/14/2006 09:32 FAX 512 990 9217 COMMONWEALTH LAND TITLE a004 G.F.No.2518000642 Lot 1R, Block 1, WHEELER SUBDIVISION, PHASE TWO, an Addition to the City of College Station, Brazos County, Texas, according to the revised plat recorded in Volume 3490, Page 269 of the Plat Records of Brazos County,Texas. Commonwealth Land Title Insurance Company T-1 OwnerTGePollcy Page 2 Rev.11/02 07/14/2006 09:32 FAX 512 990 9217 COMMONWEALTH LAND TITLE 2005 SCHEDULE B EXCEPTIONS FROM COVERAGE This pplicy does not insure against loss or damage (and the Company will not pay costs, attorneys'fees or expenses)that arise by reason of the terms and conditions of the leases or easements insured, if any, showrt in Schedule A and the following matters: 1. The following restrictive covenants of record itemized below(We must either insert specific recording data or delete this exception): Restrictive Covenants recorded in/under Volume 690, Page 175 of the Real Property Records of Brazos County,Texas, but omitting any covenant or restriction based on race,color,religion,sex, handicap,familial status,or national origin. 2. 'Shortages in area. 3. ;Homestead or community property or survivorship rights, if any, of any spouse of any insured. 4. 'i.Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations,governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of harbor or bulkhead lines as established or changed by any government, or c. to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. 5. Standby fees,taxes and assessments by any taxing authority for the year 2006, and subsequent years and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 6. ',the following matters and all terms of the documents creating or offering evidence of the matters We must insert matters or delete this exception.): a. Deed of Trust executed by Spirit Development I, Ltd.to Charles T. Marshall, Trustee,dated August 10, 1999,recorded in/under Volume 3574,Page 106 of the Real Property Records of Brazos County,Texas,securing GENERAL ELECTRIC CAPITAL CORPORATION in the payment of one note in the principal sum of Three Million Nine Hundred Ninety Pour Thousand and 001100($3,994,000.00), due and payable and bearing interest as therein provided; and all the terms,conditions and stipulations contained therein, including, but not limited to,any additional indebtedness, if any,secured by said instrument, (Covers 1.9265 acres) Additionally secured by Assignment of Leases and Rents dated, recorded in/under Volume 3574, Page 126 of the Real Property Records of Brazos County,Texas, Commonwealth Land Title Insurance Company Form T-1 OW(GF#:2518000642) Page 3 Policy No.25/8000642 07/14/2006 09:32 FAX 512 990 9217 COMMONWEALTH LAND TITLE 0 006 Said Note and Deed of Trust having been assigned to Norwest Bank Minnesota, by Instrument dated October 12, 1999,recorded in/under Volume 3685, Page 93 of the Real Property Records of Brazos County,Texas. Additionally secured by Financing Statement dated August 12, 1999,recorded in/under Volume 3574,Page 136,and amended in Volume 6041, Pages 204,206 and 208 of the Real Property Records of Brazos County,Texas. Additionally secured by Loan Assumption Agreement and Amendment of Loan Documents dated April 13,2006,filed April 17,2006,recorded in/under 7255/106 of the Real Property Records of BRAZOS County,Texas. Additionally secured by Financing Statement filed April 17,2006, recorded in/under 7255/122 of the Real Property Records of Brazos County,Texas. b. Easement rights as set forth in that certain Amending Plat of One Lincoln Place recorded in/under Volume 5190, Page 160 of the Real Property Records of Brazos County, Texas, as shown on survey by Brad Kerr, R.P.L.S. No. 4502, dated December 2,2005. (Tract I) c. Non-exclusive access rights conveyed in Deed from Home Finder Realty, Inc, et al, to Cedar Creek, Ltd. dated June 14, 1983 and recorded in Volume 583, Page 298 of the Real Property Records of Brazos County, Texas as shown on survey by Brad Kerr, R,P.L.S. No. 4502,dated December 2, 2005. (Tracts I, II) d. Terms,conditions and stipulations contained in Bulk Telecommunications Services Agreement executed by and between TCA Holdings L.P.II d/b/a Cox Communications,and Spirit Development I, Ltd.,dated April 3,2002,recorded in/under Volume 4563,Page 87 of the Real Property Records of Brazos County, Texas.(All tracts) e. Mineral reservation described in Instrument recorded inlunder Volume 583, Page 315 of the Real Property Records of Brazos County,Texas,reference to said instrument is hereby made for all purposes.Title to said interest not checked subsequent to date of aforesaid instrument, (All tracts) f.Mineral conveyance described in instrument recorded in/under Volume 1141, Page 746 of the Real Property Records of Brazos County,Texas, reference to said instrument is hereby made for all purposes.Title to said interest not checked subsequent to date of aforesaid instrument.(All tracts) g. Mineral reservation described in instrument recorded in/under Volume 2786,Page 308 of the Real Property Records of Brazos County,Texas, reference to said instrument is hereby made for all purposes.Title to said interest not checked subsequent to date of aforesaid instrument. (All tracts) h. Terms,conditions and stipulations contained in OII, Gas or Mineral Lease recorded in/under Volume 1411, Page 65 of the Real Property Records of Brazos County, Texas. (All tracts) Terms,conditions and stipulations contained in Oil,Gas or Mineral Lease recorded in/under Volume 1427, Page 7 of the Real Property Records of Brazos County, Texas.(All tracts) Commonwealth Land Title Insurance Company Form T-I OTP(GF#:2516000642) Page 4 Policy No.2518000642 07/14/2006 09:32 FAX 512 990 9217 COMMONWEALTH LAND TITLE Z007 j.Easement rights as shown on plat of One Lincoln Place recorded in Volume 690, Page 175 of the Real Property Records of Brazos County, Texas, as shown on survey by Brad Kerr, R.P.L.S. No.4502,dated December 2,2005. (All tracts) k. Easement executed by Spirit Development I, Ltd., to the City of College Station, Texas, for fifteen foot (15') water lines and sanitary sewer lines, connecting lines, access facilities, and related equipment, dated September 11, 2000, recorded inlunder Volume 3935, Page 83 of the Real Property Records of Brazos County, Texas, as shown on survey by Brad Kerr, R.P.L.S. No. 4502, dated December 2, 2005. (Tracts 1, II) I.Easement executed by Spirit Development I, Ltd., to the City of College Station, Texas, for fifteen foot (15') sanitary sewer 'Ines, connecting lines, access facilities and related equipment, dated September 11, 2000, recorded in/under Volume 3935, Page 88 of the Real Property Records of Brazos County, Texas, as shown on survey by Brad Kerr,R.P,L.S, No.4502,dated December 2,2005,(Tracts I, II) m, Easement executed by Spirit Development I, Ltd., to the City of College Station, Texas for public utilities, dated February 1, 1999, recorded in/under Volume 3383, Page 284, as corrected and refiled in Volume 3497, Pages 257 and 263 of the Real Property Records of Brazos County, Texas as shown on survey by Brad Kerr, R.P.L.S. No.4502,dated December 2,2005. (Tract 1) n. Terms, conditions and stipulations contained in Easement Agreement for Reciprocal Driveway Access Agreement executed by and between Spirit Development 1, Ltd., and LTHV #1, L.F., dated September 19, 2002, recorded in/under Volume 4869, Page 252 of the Real Property Records of Brazos County, Texas as shown on survey by Brad Kerr, R.P.L.S. No. 4502, dated December 2, 2005. (Tracts I,Ill) o. Any rights, claims and/or easements In connection with the fire hydrants located onthesubjectpropertyasshownonthesurveypreparedbyBradKerrR.P.L.S. No. 4502, dated February 15, 2006. (Tract I) p. Encroachment of the fences over the utility easement(s) located on the easterly portion of the subject property as shown on the survey prepared by Brad Kerr R.P.L.S. No.4502,dated February 15,2006. (Tract I) 1- Encroachment of the pool house over the utility easement located on the easterly portion of the subject property as shown on the survey prepared by Brad Kerr R.P.L.S. No.4502,dated February 15,2006. (Tract I) r.The easements and building lines affecting Tract III, all according to plat recorded in Volume 3490,Page 269,of the Plat Records of Brazos County,Texas. s. Easement executed by Kyle Legends I, L.P., to the City of College Station, dated August 29, 2005, recorded In/under Volume 6918, Page 223 of the Real Property Records of Brazos County, Texas. (Tract III) As shown on the survey prepared by Brad Kerr R.P.L.S. No.4502, dated February 15,2006. t.Reservation of an undivided interest in and to all oil,gas and other minerals in Deed executed by Mae Dean Wheeler,Successor Trustee,to LTHV#1, LP.,datedNovember16, 1998, recorded inlunder Volume 3314,Page 145 of the Real Property Comrno'rawealth Land Title Insurance Company Form T-1! OTP(Gr#:2518000642) Page 5 Policy No.2518000642 1 07/14/2006 09:32 FAX 512 990 9217 COMMONWEALTH LAND TITLE 008 Records of Brazos County,Texas.Title to said interest not checked subsequent to date of aforesaid instrument.(Tract ill) u. Terms, conditions and stipulations contained in Oil, Gas or Mineral Lease between F.W. Bert Wheeler,Trustee,to Inco Oil Corp.,dated April 20, 1992,recorded j in/under Volume 1495,Page 73 of the Real Property Records of Brazos County, Texas.(Tract III) Land/meriCa Commo'wealth Title Insurance Company ItBy ' A.„ r.I.1k Authorize T.untensignatu re 11 Commonwealth Land Title Insurance Company PolicyNo.251$000642 Form T-1, OTP(GF#:2518000642) Page 6 07/14/2006 0991 FAX 512 990 9217 COMMONWEALTH LAND TITLE 001 Fax Cover Letter LandAmerica Commonwealth Title of Austin 10S S. 12th Street, Suite 100 PfIugerville, Texas 78660 512) 990-8050 5112) 990-9217 fax Please deliver the following pages to: Name: 4 (a/it, rbh 4,K__3 (0SFax#: Location: Date: 7- /Y‘, 6) ) From; Connie Wooster, Escrow Officer cwooster@landam.com Total number of pages including cover letter is: dMessage: Ifl 0 t-, 2 ,2, K-Qgy")1/4--afk, ) If you do not receive all pages, please call immediately. Confidentiality Notice Theiinformation contained in thisfacsimile message and documents accompany same are legally privilegedandiconfidentialinformationintendedonlyfortheuseoftheindividualorentitynamedherein. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination,distilibulion or copy of this facsimile is strictly prohibited. Ifyou have received this facsimile in error, pledse immediately notify us by telephone and return the original message to us at the above address via United States Postal Service. Thank you From: Spencer Thompson To: Agibbs@cstx.gov Date: 7/5/2006 8:32:59 AM Subject: Re: 1010 Univ Easement Abandonment yes Alan Gibbs >>> Did either of you confirm the separation from the abandonment(yellow)to the sanitary line? If not, I was going to ask Kerr Surveying to shoot the manholes and approximate the offset as they prepared the meets and bounds. Alan Gibbs, P.E. Sr. Asst. City Engineer City of College Station CC: Dcoleman@cstx.gov L H 4A 0 15I g. . is >" li=3 - Q' d w a o b\' 9 co 0 0 o V' g9 6 ZU td— a NI 1111. IIIIIIIIIIIIII ry ao o C oc CL N m roe B W ep{ v. 1 CO 1 r r° 7...s. c- N 606 Cp co i 1021.O Fillktt ''? AIT . 64' N- 4E6 si, e i 8 00.01144, , t- 4t,,.: trit.li 0., -.. Li.? t;\ 11 -44,,. ' t Pe N " w fn ry co v- v { azz{ 1 szs i U Lo 41*- 0 O4JPJ r-h ZB r Plip...tr co Y 2 c,; N L Ltiiat ,T 0 01 O n T- Ci 4 Vs V tric\" 4.4 Ce C aco, G 27 ,,1, 0,_ 3 a 0 407 IIN 211 i C*/‘ft' `oo Nzr\ ‘,t,t., ,,,, ,0,,, . 1111111 u., . 41* T_ Lo.; 1 go\ i", 74,:t 1`0 k°G4" ,it 'v% 2 196': e,k,o0( 0,_ c,2 ti_C t ) Ilri:/\ \:°°:- 0 GFt 1PrJ is Sla 11. M 1 j si 1 1 N oCO Ok° CO co W CO p°r cez el g39 Y ieC a. H co tom' i Flo N We Mt CA fir Rni, . ` 1. ki \ W E MD w 111 1imN a g 0 O fa m m f 5 Q z CD o sem. O CD O A. y f4it,i, 0 , 0.; F e:13 41.4110 "iir, , ,,,..g,,_ .., a_.„, t .,,..... 4, ,.op,, _ ii.„_, 1all641411r ". f4 e 4 M1}fie . 4 . 1' A fir ` z u°'..:` A: r,E • lock...;- , --- ., ,- . ,7.--! "fpr , y t L.L iialir St re z x C` O f I f 1 LL et'' l '` fes`' i ' !, `. i.-,...' e, s -„, \Ai.: :: 1 4 4, 40, A g i- \ SI 4 1 1 4. t1 s , b'a 1r; It ' g 7 44v,„ f alimmfti pAibr.- 401, .- 0::- ,,=,., ,---,--,a,....„. ..„04., „,:,,,,„,,,, 0_, c f 4,-- ,-,(1,,,,,.. ,,,,, al” 44 i .. .„ . A ... .?1'..,irk. Olpt 1....', ' - r . r----„ mil 1 p ,tt s i t' Pt' V `fit t m N: --- -.-1 i„,4 i i CyJJJy a n+`1 4 Vt 1. ...: 4. 0 A 7,oe. at, r,.. , 4a ti p r 4 ihop_,s ilios d , .,.1. °{s 1,,,e1 ... 'III?' 4lir IVf9P . "Il 011. i K f 47 ti 14 4111' # 1 711111J ` 1 4 It e as 1111 111.1P11111' I ell a i t/W 11 4 . r jii k i i t f I f 4' ° I lir t‘ f dS Ili tet...1'.' 1 sYi' t r'aTip. ,a 1...... 1Ari„,„_4 r j4 From: Alan Gibbs To: tom@tekmakdevelopment.com Date: 7/11/2006 2:49:05 PM Subject: 1010 University Dr. East- Easement Abandonment Tom, To process this application, I need: A copy of a recent(within 90 days) deed or title insurance policy showing the names of grantors/owners; and Corporate or partnership owners must furnish a copy of a corporate resolution or other proof of authority to sign on behalf of the corporation, partnership, or joint venture. Let me know if you have questions. Thanks. Alan Gibbs, P.E. Sr. Asst. City Engineer City of College Station 4 3 v 0 .0 0 Scale=1:4(Feet) 1 S 48°42'50"E 13.64 2 S41°02'27"W 11.86 3 N 48°36'05"W 13.64 4 N41°01'20"E 11.83 4... / / 0677260 i . „, . 0 3 UTILITY EASEMENT 3 DATE: is.__ 1, 1111_ 8. 3 a' GRANTOR: SPIRIT DEVELOPMENT 1,LTD,aTern limited Partnership GRANTOR'S MAILING ADDRESS: 9312 Forestridge Drive 0 Dallas County 0 Dallas,Texas 75238 GRANTEE: CITY OFCOI 7Ff;E STATION,TE}{AS,aToon HorneRle Mssuc' al Corpo°A 8 GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue Brazos County College Station,Texas 77840 CONSIDERATION: Ten Dollars($10.00)and other good and valuable consideration. PROPERTY: 4 TRACT ONE: Being all that certain 842 square foot tract or parcel ofland lying and being situated inBrazosCounty,Texas,and being a portion of Lot Three(3),Block One(1),ONELINCOLNPLACE,an addition to the City ofCollege Station,Texas,according to theplatrecordedinVolume690,Page 175,Official Records of Brazos County,Texas;said842squarefoottractbeingdescribedbymetesandboundsonExhibit"A"attached r hereto and made a part hereof for all purposes. 11-':1,:TRACT TWO: Being all that certain 75 square foot tract or parcel of land lying and being situated inBrazosCounty,Texas,and being a portion of Lot Three(3),Block One(1),ONE LINCOLN PLACE,an addition to the City ofCollege Station,Texas,according the plat recorded in Volume 690,Page 175,Official Records ofBrazos County,said 75 square foot tract being described by metes and bounds on Exhibit'B"attached hereto and made a part hereof for all purposes. i this conveyance shall grant the rights herein specified only as to that portion ofthe above-0esrnbedPropertymoreparticularlydescribedontheattachedExhibit"A" and"Exhibit B" known es theeasementarea,"and any additional area outside the easement area necessary to install and attach equipment,guy wires,and anchors necessary and incident to the user of the easement remove construct,install,and thereafter use,operate,inspect,repair,maintain,reconstruct,modify r the following. Electric transmission and distribution lines; Water lines and sanitary sewer lines,connecting lines, access facilities,and related equipment; Kr Storm sewers and collection facilities; Television,telephone,and communications lines; Drainage ditches,drainage pipes and an other drainage structures,surface and subsurface;t. upon,over,and ass the said Property as described and any ways,streets,,roads,or alleys abuttingsameandtocut,trim,and control the growth of trees and other vegetation on and in the easement areaoronadjoiningpropertyofGrantors,which mitt interfere with or threaten the operation and mainte-nance of any public utility equipment,accessories,or operations. It being understood and agreedanyandallequipmentandfacilitiesplaceduponsaidpropertyshallremainthepropertyofGrantee. Granton expressly subordinate all rights of surface use incident to the mineral estate to the above described uses provide surface rartatee by the nun and agree to and addresses all ordinations on behalf ofGrantee.' Granton will p h`. a w: • 21l/P1 z; i 8 0 0677260 0 r 3 RESERVATIONS AND RESTRICTIONS: None 3 I 9 ' Upon the recording ofthis easement in the Official Records ofBrazos County,Texas,the Temporary 3 Blanket Utility Easement executed by the GRANTOR onJune 16,1997,and recorded in Volume 2862, Page 174,of the Official Records ofBrazos County,Texas. I TO HAVE AND TO HOLD,the rights and interests herein described unto the CITY OF COLLEGE ofSTATION,TEXAS,and its successors and assigns,forever,and Grantors do hereby bind themselves, rr their heirs,executors,administrators,successors and assigns,to warrant and forever defend,all and sZ singular, these rights and interests unto the CITY OF COLLEGE STATION, TEXAS, and its B successors and assigns,against every person whomsoever lawfully claiming,or to claim same,or any part 5thereof, SPIRIT DEVELOPMENT I,LTD., a Texas Limited Partnership L t.Br 1 Thomas E. kland,President STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF DALLAS § This instrument was acknowledged before me on the if day of "i 4-1--55.--. 1999, I by Thomas E.Kirkland as President,of Spirit Development I,Ltd.,aTexas Limited Paraership,on behalf ofsaid partnership. PL E.":14'.14,.'"•• '\ yQ L i 4• ,t.RV Pt.,,:,....,) P r S • /SLG Notaryic in and fo 7 1r the State ofTexas PREPARED IN THE OFFICE OF: RETURN ORIGINAL DOCUMENT TO: r< City ofCollege Station City ofCollege Station Legal Department Leg-al Department P.O.Box 9960 P.O.Box 9960 College Station,Texas 77842-9960 College Station,Texas 77842-9960 File Info: Spirit Development I(Quality Suites) i wii i FS P k i 1:2_ 1/?1/a1• f f`1r.. i ' ' , 067726 FIELD NOTE 184 842 SQUARE FOOT PUBLIC UTILITY EASEMENT0 UDO 097-338 ONE LINCOLN PLACE 3BRAZOSCOUNTY,TEXAS 3 DESCRIPTION 8 i DESCRIBING 842 SQUARE FEET OF LAND OUT OF LOT 3 BLOCK 3 1 (2.888 ACRES)OF THE RICHARD CARTER SURVEY ABSTRACT NO,8,SAME BEING THE ONE LINCOLN PLACE AS RECORDED IN VOL.690,PAGE 175 OFTHE PLAT RECORDS OF BRAZOS COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBEDBY METES AND BOUNDS AS FOLLOWS: 2 Commencing at a V3 inch iron rod found at the northwest corner of Lot 3,Block 1 as 9 described above,and said point also being the northeast corner of Lot I,Block 1 ofthe One 6 Lincoln Place as recorded in Vol.690 Page 175 of the Deed Records of Brazos County, Texas; THENCE,N45°28'50"W along the northwest lot line of Lot 3,Block 1 as described above, a distance of 41.63 feet to a point; THENCE.S44°31'10"W,a distance of20.00 feet to point intersecting the north line of a 20 foot utility easement as recorded in Vol.690,Page 175 of the plat records of Brazos County, Texas,same point being the POINT OF BEGINNING, THENCE,S28°54'43"W,a distance of 51.81 feet along the southwest line of a 20 foot utility easement Vol.690,Page 175 of the Plat Records of Brazos County; THENCE,N45°28'50"W,a distance of 23.85 feet to a point; THENCE,N44°31'08"E,a distance of49.9 feet to apoint on a20 foot utility and water line 1' easement as recorded in Volume 690,Page 175 of the Plat Records ofBrazos County,Texas; THENCE, S45°28'50"E, a distance of 9.91 feet to the POINT OF BEGINNING, and . j containing 842 square feet of land more or less. Surveyed by v't URBAN DESIGN GROUP ohOE II,R.P.L.S.#2433 909 Southwest Parkway East, .. f OF College Station,Texas 77840/,`P4 o rFR `• ! + a _If 409)696-9653 e. ' ' Fo\ `\Date c, t JOHN NOELL ,%) Sketch or map attached 11, 2433 ;At 7 7iLpF9S.yOJ.AC:%WPDOCSU°bs\Q' 4y Suites HowPQud i ` ti_ r f i EXHIBIT "A" Page 1 of 2 7. 4yj I 0677 94rod.069,,_470 v' a rA' • I7319;g1NI73NQ w0z . l207 s ao cw ' N M„26,00.165 ,"'' F- Qm w za. w - a 17,l/ d ¢ } "1Za. a V1 »'OOOZ V cl - z4.0 _ 7 1 .TJ9B13S'JNfQ7inQZl— < V, O J 0 C5t.;-,.., I– Z (...).Z w Z O J O= ,.... a zr-IIPP ^ tri o yI r 43"ae z a_ •• 8_0, 3,,,_:._ e, O Z 529 _ a L...1" :. bpd o M 0 ,1f.66S o s coin p OM1 i o 6'66 3„80, .00N WO •/`o ,1‘ 3 Z -4./ u, •y Z .tom 17 Z m c4 V. Z No: ,,, 4,.0,?!.!.,. I p/' mo m w z$` w N UI o E» 1 O m I. am. w 0doawJ600ru, CO fs O Wd c7 Z ci y` dd e . C M 1 s vs, t oU cam'• ”" t c.• r 1 H Ju° 1 W A A i 0, W U I C-> p Z C7 N oZv, z m b `nz Y J X o: g H z 2 Y.ti--Za8NpqQ, 'C n n a W 0 v g d 21-w-7FJ, ® Z _ J.. a 1-00 , 1 0 :gii r,• oij 4.43 o< i 4 G.1-I +} EXHIBIT "A" Page 2 of 2 3 1 a al r.,.......«...;,:,w,:. ,_. :, ...... ..d....vz.. ..-«....L,aao.:.,.....r.........m.,...•.....,ax.......a W...«..;;.,1 .:, AIM. i odlit. z _ .,,,,. 1, FIELD NOTE 185 75 SQUARE FOOT PUBLIC UT EASEMENT sujo:::NT@Y67A2s 60 0 UDO 0 97-338 BRAZOS LINCOLN TEXAS 3 s-, DESCRIPTION 8 DESCRIBING 75 SQUARE FEET OF LAND OUT OF LOT 3 BLOCK 1 2.888 ACRES)OFTHE RICHARDCARTER SURVEY ABSTRACT NO. 8,SAME BEING THE ONE LINCOLN PLACE AS RECORDED IN VOL.0690, PAGE 175 OF THE PLAT RECORDS OF BRAZOS COUNTY, TEXAS ANDBEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: 2 a Commencing at a pk nail found at the most southerly corner of Lot 3,Block 1 as described 8 1,..' above,same point also being the most northeast corner of Lot 2,Block 1 of One Lincoln Place as recorded in Vol.690,Page 175 of the plat records of Brazos County,Texas; THENCE,N44°31'56"E along the common line of Lot 3,Block I,One Lincoln Place,as 4 recorded in Vol.690,Page 175 of the Plat Records of Brazos County,Texas; THENCE,N45°28'04"W to the intersection of a 20 foot utility easement and a 15 foot utility easement as recorded in Vol.690,Page 175 of the plat records of Brazos County, Texas,a distance of 10.00 feet for the POINT OF BEGINNING; THENCE,N45'28'02W along the northeast line ofsaid 15 foot utilityeasement,adistance of 10 feet to a point; THENCE,N44°31'58"E a distance of 7.50 feet to a point; THENCE,S45°28'02E a distance of 10.00 feet to a point on the southwest line of a20 foot i-'.•7•7 utility easement as recorded in Vol.690 Page 175 of the plat records of Brazos County, Texas; THENCE,S44•31'58"W along the southwest line of said 20 foot utility easement,a distance ,f",.-, Nof7.50 feet to the POINT OF B .. ING,and containing 75 square feet,more or less.a— 1 41,/"..)' 1- 44•;* 114*T4WP -1111( 44:1 A Al_A 4 4J, 'Surveyed by 4 cz•0*A Al URBAN DESIGN GR r# -01-IN NOF k• in ocll,R.P.L.S.#2433 909 Southwest Parkwa 1•'iS*1•Ck.1i777":. ••14t-' 0 A I•T''‘'PO 0..0( IA ie. 5. College Station,Texas 7\V..f.12. / 1 409)696-9653 s-'i Sketch or map attached C\WPDOCSVolisQuality Sulks HoielQuality Said fnwpd EXHIBIT "B" Page1 of 2 i i 001, 4 1.1 k 4 1I 4 ....^,=.=.=...;`.;_ . '' --""',.'...;'- ' - .."J- ; ''.' ,.'v';--, •.-,-,,,,- ,,--',-, -..-',' ',/,',..' ,,- <,,'4„, .-`.- 5',-',..1, 2,',.-i,-,-.411.„ .•,.4,,‘,,,' ',---", ... .„ AWE f F o J ss` 0677260 u jb? y y• Wa Z o? •rQ v) co ... gF— Q .J W ZZ — LLJ W"f CL Qsa f o ovUiF-. OZ -t 0,. r vo =J -JZ mOO J` Q N ~) CL _ 1 lD Lo ~O203„95,11 bbN 'e zwc.azE q 2OJ OUmcc, F•- O a= L,.., . .. 0 C E.,1r:7017' Cl7 d0' ifN0UIan cw M„BS,l1.bbS f3 1 ”' ,S't 11i yn,.. 1N3 13,8135ONia1tn8,sly o co I`IO — - i4..„........ lowj `i'.%\1 1 11! S'1 P oz o`:* Z :@moi)oz 1BS,l1.bbN Z z s; a i F: dm I cn n 0 w wc„ 0 ,„tid,n c' j'p 4 „_, N V.7 coa°- a x•6 zu::, 41 oawo Vcy w c tp cc otr., I c7 z x c civ o o I to 0 Q z i'05d C') mzhx- cIPIJ < z a ar-zWWQ J n P.4 22, Q Naa 5t n wo.)c.) t2J ,IIInU3WUOQ I I 1 0 i n. 11 c isQ i,,. 1,r A11 @z•pmt I a EXHIJ T "B" 9;'a $ ! 'r te4 Pagelk of 2 X i Aa a=M.%w.asrurd:.w.. —=-V. T:e:,:...tv+._.{..,......,.,...Ana.........,r:c's:a....:.:,.w...w_ ,r...,.. -. METES AND BOUNDS DESCRIPTION OF A 161.6 SQUARE FOOT TRACT PORTION OF LOT 3A,BLOCK 1 ONE LINCOLN PLACE COLLEGE STATION,BRAZOS COUNTY,TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUAI'El) IN COLLEGE STATION,BRAZOS COUNTY,TEXAS. SAID TRACT BEING A PORTION OF LOT 3A,BLOCK 1,ONE LINCOLN PLACE, ACCORDING TO THE PLAT RECORDED IN VOLUME 5190, PAGE 160 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT LYING WITHIN AN EXISTING 842 SQUARE FOOT UTILITY EASEMENT ORIGINALLY RECORDED IN VOLUME 3383,PAGE 284 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY ME TES AND BOUNDS AS FOLLOWS: COMMENCING AT A'//INCH IRON ROD FOUND MARKING THE EAST CORNER OF SAID LOT 3A; THENCE: S 410 00'03"W ALONG THE SOUTHEAST LINE OF SAID LOT 3A FOR A DISTANCE OF 20.00 FEET TO A POINT ON THE EXTENSION OF THE SOUTHWEST LINE OF AN EXISTING 20.00 FOOT WIDE UTILITY AND WATER LINE EASEMENT,FOR REFERENCE A PK NAIL FOUND MARKING THE SOUTH CORNER OF SAID LOT 3A BEARS: S 41°00'03"W FOR A DISTANCE OF 320.54 FEET; THENCE: N 49°01'02"W THROUGH SAID LOT 3A AND ALONG THE SOUTHWEST LINE OF SAID 20.00 FOOT WIDE UTILITY AND WATER LINE EASEMENT,AND THE EXTENSION THEREOF,FOR A DISTANCE OF 51.65 FEET TO A POINT MARKING THE NORTH CORNER OF SAID 842 SQUARE FOOT UTILITY EASEMENT; THENCE: S 41°01'20"W CONTINUING THROUGH SAID LOT 3A AND ALONG THE NORTHWEST LINE OF SAID 842 SQUARE FOOT UTILITY EASEMENT FOR A DISTANCE OF 17.46 FEET TO A POINT ON THE NORTHEAST LINE OF AN EXISTING STRUCTURE MARKING THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: ALONG THE OUTER EDGE OF SAID STRUCTURE AND CONTINUING THROUGH SAID LOT 3AAND SAID 842 SQUARE FOOT UTILITY EASEMENT FOR THE FOLLOWING CALLS: S 48° 42'50"E FOR A DISTANCE OF 13.64 FEET TO A POINT; S 41° 02'27"W FOR A DISTANCE OF 11.86 FEET TO A POINT; N 48°36'05"W FORA DISTANCE OF 13.64 FEET TO A POINT ON THE NORTHWEST LINE OF SAID 842 SQUARE FOOT UTILITY EASEMENT; THENCE: N 41°01'10"E CONTINUING THROUGH SAID LOT 3A,THROUGH SAID STRUCTURE AND ALONG THE NORTHWEST LINE OF SAID 842 SQUARE FOOT UTILITY EASEMENT FOR A DISTANCE OF 11.83 FEET TO THE POINT OF BEGINNING CONTAINING 161.6 SQUARE FEET OF LAND AS SURVEYED ON THE GROUND NOVEMBER 2005. SEE PLAT PREPARED FEBRUARY 2006,FORMORE DESCRIPTIVE INFORMATION. BEARING SYS IEM SHOWN HEREIN IS BASE DON THE PLAT CALL BEARINGS OF ONE LINCOLN PLACE,5190/160. BRAD KERR REGIS IERED PROFESSIONAL LAND SURVEYOR No.4502 t,- T.. o.G SyE • a D:/WORK/MAB/06-075.MAB Q 4c'o`1"' . A BRAD KERR t..........t.n....ur"„ 4502 ri. ;ESSC).'y0r p SI.IFiD" METES AND BOUNDS DESCRIPTION OF A 161.6 SQUARE FOOT TRACT PORTION OF LOT 3A,BLOCK 1 ONE LINCOLN PLACE COLLEGE STATION,BRAZOS COUNTY,TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUA IED IN COLLEGE STATION,BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF LOT 3A,BLOCK 1,ONE LINCOLN PLACE, ACCORDING TO THE PLAT RECORDED IN VOLUME 5190, PAGE 160 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT LYING WITHIN AN EXISTING 842 SQUARE FOOT UTILITY EASEMENT ORIGINALLY RECORDED IN VOLUME 3383,PAGE 284 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, I"EXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY ME TES AND BOUNDS AS FOLLOWS: COMMENCING AT A I'A INCH IRON ROD FOUND MARKING THE EAST CORNER OF SAID LOT 3A; THENCE: S 41°00'03"W ALONG THE SOUTHEAST LINE OF SAID LOT 3A FOR A DISTANCE OF 20.00 FEET TO A POINT ON THE EXTENSION OF THE SOUTHWEST LINE OF AN EXISTING 20.00 FOOT WIDE UTILITY AND WATERLINE EASEMENT,FOR REFERENCE A PK NAIL FOUND MARKING THE SOUTH CORNER OF SAID LOT 3A BEARS: S 41° 00'03"W FOR A DISTANCE OF 320.54 FEET; THENCE: N 49°01'02"W THROUGH SAID LOT 3A AND ALONG THE SOUTHWEST LINE OF SAID 20.00 FOOT WIDE UTILITY AND WA 1'ER LINE EASEMENT,AND THE EXTENSION THEREOF,FOR A DISTANCE OF 51.65 FEET TO A POINT MARKING THE NORTH CORNER OF SAID 842 SQUARE FOOT UTILITY EASEMENT; THENCE: S 41°01'20"W CONTINUING THROUGH SAID LOT 3A AND ALONG THE NORTHWEST LINE OF SAID 842 SQUARE FOOT UTILITY EASEMENT FOR A DISTANCE OF 17.46 FEET TO A POINT ON THE NORTHEAST LINE OF AN EXISTING STRUCTURE MARKING THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: ALONG THE OUTER EDGE OF SAID STRUCTURE AND CONTINUING THROUGH SAID LOT 3AAND SAID 842 SQUARE FOOT UTILITY EASEMENT FOR THE FOLLOWING CALLS: S 48° 42'50"E FOR A DISTANCE OF 13.64 FEET TO A POINT; S 41° 02'27"W FORA DISTANCE OF 11.86 FEET TO A POINT; N 48°36'05"W FORA DISTANCE OF 13.64 FEET TO APOINT ON THE NORTHWEST LINE OF SAID 842 SQUARE FOOT UTILITY EASEMENT; THENCE: N 41°01' 10"E CONTINUING THROUGH SAID LOT 3A,THROUGH SAID STRUCTURE AND ALONG THE NORTHWEST LINE OF SAID 842 SQUARE FOOT UTILITY EASEMENT FOR A DISTANCE OF 11.83 FEET TO THE POINT OF BEGINNING CONTAINING 161.6 SQUARE FEET OF LAND AS SURVEYED ON THE GROUND NOVEMBER 2005. 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D CSF SA / p u < 'cn v o I -n D SmmcnrnornOrTTm3,i0-[ Ln 0 O r--1 ooixz i C — ITTo-C i O c' zrn OD FFf ti 0 a0 -n- I C0 Ma14 ccam 0 tip0 opo Aso2 xf y•1,U F 4b O S' s)0, Application for License to Encroach a Public Utility Easement Located: 10/0 /}ni Yer3/ 7 / art re 6 EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public utility easement sought to be encroached upon in the Application for License to Encroach above referred to, do hereby consent to the encroachment of the described portion thereof. 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