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HomeMy WebLinkAboutApplication For off' a Use Only P&Z Case No. 01 41.9 Date Submitted: 0 1 " • • ABANDONMENT OF PUBLIC ROW-OF-WAY/EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS ►/ $300 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 The Lofts, Wolf Pen Creek LEGAL DESCRIPTION Lot 1, Block 1, The Lofts of Wolf Pen Creek, totaling 1.219 acres. APPLICANT(Primary Contact for the Project): Name Natalie Ruiz, AICP E-Mail Natalieipsgroup.us Street Address 511 University Drive East, Suite 205 City College Station State Texas Zip Code 77840 Phone Number (979) 846-9259 Fax Number 979-846-9259 PROPERTY OWNER'S INFORMATION (if different from above): Name Mark Lindley, Asset Plus Corporation E-Mail mlindlevCa)assetpluscorp.com Street Address 5151 San Felipe, Suite 2050 City Houston State Texas Zip Code 77056 Phone Number 713-268-5122 Fax Number The applic.nt has • - •-red this . .plication and certifies that the facts stated herein and e ibits all:c -. hereto are .e and correct. LIE .ig ature of Owner Date APPLICATION FOR THE ABANDONMENT OF A PUBLIC RIGHT-OF-WAY/EASEMENT Date: June 10, 2008 Location of Right-of-Way/Easement to be Abandoned: A 10' sanitary sewer easement dedicated by separate instrument in volume 317, page 118 of the Official Deed Records of Brazos County, Texas. Property Owner's Name &Address & Phone Number: See page 1 of application. 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 abandonment. 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) Charles E. Thomas of Charles Thomas Homes, Inc., owner of Lot 1 B, Block 2 of the KFO Addition, Phase II was notified of the easement abandonment request via a letter (see attached) mailed on June 10, 2008 with a copy of the application attached. To date, we have not received a response; however, we will continue to follow-up with the property owner. 7. Such public right-of-way should be abandoned because: The previous 6" and 8" parallel sanitary sewer lines were relocated and replaced with one larger sanitary sewer line that runs along Manuel Drive. The existing sanitary sewer easement is no longer needed and should be abandoned to allow for the construction of buildings 6 and 7 of The Lofts at Wolf Pen Creek. 8. Such public right-of-way/easement has been and is being used as follows: Currently vacant with no utilities. Buildings 6 and 7 of The Lofts at Wolf Pen Creek will be constructed once the easement is abandoned. I swear that all of the information contained in this application is tru- d correct to the best of my knowledge and belief. Owner's Signature: , Owner's Name: Mark Lm dle Asset Plus Co .oration Owner's Address: 5151 San Felipe, Suite 2050 _ Houston, Texas 77056 Owner's Phone Number: (713) 268-5122 - /21-"P C-�� U�o�F moi i►�c . STATE OFTAS ) Y 1S ) ACKNOWLEDGMENT COUNTY OFFB O3-- ) 44, 91, Subscribed and savor to befpr mathis y of 1Ot&.fbhCIi rk j Notary Pub is in an for ,,,•r.. KERI D. BLANCO the State of Texas �' Notary Public State of Texas �. �c My Commission Expires January 19, 2011 Application for Abandonment of a Public Right-of-Way/Easement Located at The Lofts, Wolf Pen Creek EXHIBIT NO. 1 Attached are two sealed copies of the metes and bounds description of the public right- of-way/easement situated in The Lofts, Wolf Pen Creek Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be abandoned. Application for Abandonment of a Public Right-of-Way/Easement Located at The Lofts, Wolf Pen Creek 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. Application for Abandonment of a Public Right-of-Way/Easement Located at The Lofts, Wolf Pen Creek 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. The following utility companies are not entitled to use the easement requested for abandonment. The easement was dedicated as a "sanitary sewer" easement and did not provide for any other "public utilities". In addition, no other public utilities are contained within said easement — only two sanitary sewer lines that have been abandoned since the new sanitary sewer line is constructed, accepted and operational. ATMOS ENERGY BY: Ki /i6r Title VERIZON TELEPHONE COMPANY BY: N. ( A- Title SUDDENLINK COMMUNICATIONS BY: M Title BRYAN TEXAS UTILITIES BY: NO A' Title Application for Abandonment of a Public Right-of-Way/Easement Located at The Lofts,Wolf Pen Creek 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. C 414. • ngin wilding Official ity of Coll e Station City of College Station Zoning Offic Fire Marshal City of College Station City of College Station Electric Department Water Services Department City of College Station City of College Station T00Z '1ddQ Mid SD COfC $9L 6L6 XVd OZ:60 NON 80/0C/99 07!17/2008 15:31 FAX 979 764 3452 COLLEGE STATION PUB,UTL. rth002 0 • Application for Abandonment of a Public Right-of-Way/Easement Located at The Lofts, Waif Pen Creek 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 ric B rtmentI Water Services Department City of College Station '�) --7) 0 City of College Station 06/27/2008 15:08 FAX 979 764 3452 COLLEGE STATION PUB.UTL. Z002 Application for Abandonment of a Public Right-of-Way/Easement Located at The Lofts, Wolf Pen Creek 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— 14uilding Official City of College Station City of College Station Zoning Official Fire Marshal City of College Station City of College Station Ate: ‘pt/,_ Electric Department ater ervices partme City of College Station City of College Station mmmm Jun 27 08 10:10a 979-693-1213 p.1 Jun 25 08 03: 35p Charl Thomas 979 693-1 S p. 1 Application for Abandonment of a Public Right-of-Way/Easement Located at The Lofts, Wolf Pen Creek EXHIBIT NO. 5 The undersigned, owners of property abutting upon that portion of the public right-of- way/easement named and described in the Application for Abandonment of a Public Right-of-Way/Easement referred to above, do hereby consent to such abandonment. Charles E. Thomas, Charles Thomas Homes, Inc. P. 0. Box 10106 College Station, TX 77842 4 Signature of Charles E. Tho -s ForOff lUsr rly P&Z Case No. lU//� Date Submitted: 0 ' ,l► r 4 ABANDONMENT OF PUBLIC ROW-OF-WAY/EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS $300 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 The Lofts,Wolf Pen Creek LEGAL DESCRIPTION Lot 1, Block 1,The Lofts of Wolf Pen Creek,totaling 1.219 acres. APPLICANT(Primary Contact for the Project): Name Natalie Ruiz,AICP E-Mail NatalieCcl)ipsaroup.us Street Address 511 University Olive East, Suite 205 City College Station State Texas Zip Code _ 77840 Phone Number (979)846-9259 Fax Number 979-846-9259 PROPERTY OWNER'S INFORMATION(if different from above): Name Mark Lindley,Asset Plus Corporation E-Mail mlindleyeassetpluscorp.com Street Address 5151 San Felipe,Suite 2050 City Houston State Texas Zip Code 77056 Phone Number 713-268-5122 Fax Number The applic.nt has • •••red this . •plication and certifies that the facts stated herein and e ibits att:c •: hereto are -e and correct. i (f .rw.ii 3 MIL T 12-i zoo 'ig ature of Owner Date APPLICATION FOR THE ABANDONMENT OF A PUBLIC RIGHT-OF-WAY/EASEMENT Date: June 10, 2008 Location of Right-of-Way/Easement to be Abandoned: A 10' sanitary sewer easement dedicated by separate instrument in volume 317, page 118 of the Official Deed Records of Brazos County, Texas. Property Owner's Name &Address & Phone Number: See page 1 of application. 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 abandonment. 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) Charles E. Thomas of Charles Thomas Homes, Inc., owner of Lot 1B, Block 2 of the KFO Addition, Phase II was notified of the easement abandonment request via a letter (see attached) mailed on June 10, 2008 with a copy of the application attached. To date, we have not received a response; however, we will continue to follow-up with the property owner. 7. Such public right-of-way should be abandoned because: The previous 6" and 8" parallel sanitary sewer lines were relocated and replaced with one larger sanitary sewer line that runs along Manuel Drive. The existing sanitary sewer easement is no longer needed and should be abandoned to allow for the construction of buildings 6 and 7 of The Lofts at Wolf Pen Creek. 8. Such public right-of-way/easement has been and is being used as follows: Currently vacant with no utilities. Buildings 6 and 7 of The Lofts at Wolf Pen Creek will be constructed once the easement is abandoned. I swear that all of the information contained in this application is tru- - d correct to the best of my knowledge and belief. Owner's Signature: , _ Amok Owner's Name: Mark Lindle Asset Plus Co •*ration Owner's Address: 5151 San Felipe, Suite 2050 _ Houston,Texas 77056 Owner's Phone Number: (713)268-5122 teaGP- woLF? 11 . STATE OFT S ) .trafrTS ) ACKNOWLEDGMENT COUNTY OF-OR — ) Ri ,Subscribed and swo200 toby bef ,'r m a , this (t#day of �Gt,1�� rJotaflubhc 614CX11 Tc fi y P D. BCANCO NotataPub in an for r � Notary Pubic.State of Texas the Ste of Texas My Commission Expires January 14, 2011 Application for Abandonment of a Public Right-of-Way/Easement Located at The Lofts, Wolf Pen Creek EXHIBIT NO. 1 Attached are two sealed copies of the metes and bounds description of the public right- of-way/easement situated in The Lofts, Wolf Pen Creek Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be abandoned. Application for Abandonment of a Public Right-of-Way/Easement Located at The Lofts, Wolf Pen Creek 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. Application for Abandonment of a Public Right-of-Way/Easement Located at The Lofts, Wolf Pen Creek 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. The following utility companies are not entitled to use the easement requested for abandonment. The easement was dedicated as a "sanitary sewer" easement and did not provide for any other "public utilities". In addition, no other public utilities are contained within said easement — only two sanitary sewer lines that have been abandoned since the new sanitary sewer line is constructed, accepted and operational. ATMOS ENERGY 114- BY: �, Title VERIZON TELEPHONE COMPANY BY: /q I A- Title SUDDENLINK COMMUNICATIONS BY: j\j ( A- Title BRYAN TEXAS UTILITIES BY: Title Application for Abandonment of a Public Right-of-Way/Easement Located at The Lofts,Wolf Pen Creek 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. 114 LA4r 14_ I g = dui ung ity of C• Station City of College Station Zoning Fire Marshal City of College Station City of College Station Electric Department Water Services Department City of College Station City of College Station TOOA 'J.d3U 33fId S) 1Q ' tSL 6L6 7C1i3 OZ:60 NOW BO/0£/$O 07/17/2008 15:31 FAX 979 764 3452 COLLECE STATION PUB.UTL. O02 • Application for Abandonment of a Public Right-of-Way/Easement Located at The Lofts, Wolf Pen Creek 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 nc rtmenf Water Services Department City of College Station p City of College Station 08/27/2008 15:08 FAX 979 764 3452 COLLEGE STATION PUB.l'TL. 121602 Application for Abandonment of a Public Right-of-Way/Easement Located at The Lofts,Wolf Pen Creek 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 Departmentc‘r$7, - alar ervices a -partme City of College Station City of College Station Jun 27 08 10:10a 979-693-1213 p.1 Jun 25 08 03:35p Charles Thomas 979 693-1726 P• 1 Application for Abandonment of a Public Right of-Way/Easemerit Located at The Lofts,Wolf Pen Creek EXHIBIT 140. 5 The undersigned, owners of property abutting upon that portion of the public right-of- way/easement named and described in the Appi�onfor nablic Right-of-Way/Easement referred to above,do hereby to abandonment. Charles E. Thomas, Charles Thomas Homes, Inc. P. 0. Box 10106 College Station, TX 77842 Signature of-Char es .Tho -s