HomeMy WebLinkAboutApplication (12-196)(*0Fq®
CITY OP COLLEGE STATION
Home ofTerar AdM Univertity'
FOR OFFIE:
CASE NO.:
DATE SUBMITTED:
TIME:
STAFF:
ABANDONMENT OF PUBLIC
RIGHT-OF-WAY/EASEMENT APPLICATION
MINIMUM SUBMITTAL REQUIREMENTS:
x❑ $700 Abandonment of Public Right-of-Way/Easement Application Fee.
Q Application completed in full. This application form provided by the City of College Station must be used
and may not be adjusted or altered. Please attach pages if additional information is provided.
❑X All exhibits processed (except for Exhibit No. 4, which will be processed by staff).
❑x Title report for property current within ninety (90) days or accompanied by a Nothing Further Certificate
current within ninety (90) days. The report must include applicable information such as ownership, liens,
encumbrances, etc.
❑ For unplatted property, a signed, sealed and dated metes and bounds description and a diagram of the
property showing the location of the abandonment.
❑X For platted property, a copy of the plat showing the lot, block, subdivision, and recording information.
LOCATION OF RIGHT-OF-WAY/EASEMENT TO BE ABANDONED (include legal description):
3001 Ead Rudder Freeway, College Station, Texas, emg a o o neINC.
SUBDIVISION, an addition to the City of College Station, Brazos County, Texas, according to the replat thereof, recorded
fn Volume 4872, Page 158 of the Official Public Records of Brazos County, Texas. This is the property located at the
Southeast corner of Earl Rudder Freeway and Emerald Parkway.
APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project):
Name Michael H. Gentry
Street Address 1515 Emerald Plaza
E-mail mike.gentry@westwebblaw.co
City College Station State Texas Zip Code 77845
Phone Number (979) 694-7000 Fax Number (979) 694-8000
PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple
owners):
Name Paesuerta LP, a Texas limited partnership E-mail scotte@suddenlink.net
Street Address: 2429 Earl Rudder Freeway, Suite 100
City College Station State Texas Zip Code 77845
Phone Number (979) 693-8925 Fax Number (979) 694-1640
The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true
and correct. IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this
application must be accompanied by a power of attorney statement of the owner. If there is more than one owner, all
owners must sign the application or power of attorney. If the owner is a company, the application must be accompanied
by proof of authority for thW-tb
' representative to sign the application
on its behalf.
rY ' 1 /ll� z
Signal ur title L L G Date
10110 Page 1 of 8
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, is a sealed metes and bounds description of the area sought to be abandoned,
prepared by a Registered Public Surveyor.
3. Attached, marked Exhibit No. 2, is a copy 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)
Name N/A
Street Address
City
Reason consent was not obtained:
If obiectinq, points of objection:
State
E-mail
Zip Code
e abutting property owner, Paesuerta, LP., is the Applicant in this matter. By submittal of this Application the
4pplicant consents in its capacity as the abutting landowner.
,"Wri to
Street Address
City
Reason consent was not obtained:
f objecting, points of objection:
I2w11-
Street Address
City
Reason consent was not obtained:
f objecting, points of objection:
State
State
E-mail
E-mail
Zip Code
Zip Code
10/10 Page 2 of 8
7
A
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That the abandonment will not result in property that does not have access to public roadways or utilities because:
e rig o way o e abandoned as Tong since een rep ace y e exis ing mere a way en rance which is a
-lane road with landscaped divider. The right of way to be abandoned was the original location of Emerald Parkway
ut it was relocated when the overpass was constructed and the Parkway was lined up with FM 2818.
That there is no current public need or use for the easement or right-of-way because:
e location of EmeraldParkway was moved and improved many years ago. The existing Emerald Parkway is a4-
no divided roadway and there is no need for the long abandoned right of way. The existing Right of Way is created
fn a Right -of -Way dated January 2, 1990, and recorded at Volume 1162, Page 613, Brazos County, Texas.
That there is no anticipated future public need or use for the easement or right-of-way because:
The current configuration of EmeraldParkway is a equa e to handle the anticipated fu ure needs or the public.
10. That all public utilities have access to serve current and future customers because:
11
All of the utilities have available access and easements along the public utility easements that were put in place when
Emerald Parkway was moved. In addition, in conjunction with this Application the property owner intends to grant a
15' public utility easement to the City along the southern portion of the area sought to be abandoned.
Such public right-of-way/easement has been and is being used as follows:
e right of way proposed to be abandoned has not been used for many years and is not currently being used. litere
's already constructed a replacement roadway and corresponding right of way as referenced above.
I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief.
Signature ti le
to&e-s vex -A, G e
STATE OF TEXAS
ACKNOWLEDGEMENT
Date
COUTY OF BRAZOS §
� a �/ 09
Subscribed and sworn to before me, a Notary Public, this O/day of � , 2099 by
MIKE GENTRY
0 Notary Publk, State of Texas
My Commisslon Expires
MAY 17.2016
the State of Texas
10/10 Page 3 of 8
Application for Abandonment of
a Public Right-of-Way/Easement
Location: 3001 Earl Rudder Freeway
EXHIBIT NO. 1
Attached is a sealed copy of the metes and bounds description of the public right-of-way/easement situated in
3001 Earl Rudder Freeway, College Station, Texas; Lot One -A (1A), AGENCY RECORDS CONTROL, INC.
Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be abandoned.
10110 Page 4 of 8
Fieldnote Description to 1.03 Acres
City of College Station
Morgan Rector League, A-46
Brazos County, Texas
Right of Way Release Tract
Fieldnotes to all that certain lot, tract, or parcel of land situated in the City of College Station, Morgan Rector League,
A-46, Brazos County, Texas, being 1.03 acres, more or less, and being comprised of approximately 0.65 acre of the
Original Emerald Parkway Right of Way as shown on a Corrected Plat of Emerald Forrest, Phase One, filed July 16,
1981, and recorded in Volume 488, Page 593, Part of a called 300.00 acre tract as described in a deed executed
January 18, 1978, from Land Part No. 1 to Allen Swoboda, Trustee, recorded in Volume 389, Page 407, part of a called
1.55 acre tract as described in a Correction Deed dated July 20, 2012, from Patsy Gayle Swoboda, Trustee to
Paesuerta, LP, and recorded in Volume 10799, Page 26, and a portion of a Right of Way conveyed to the City of
College Station by Haldec, Inc. of record in Volume 1162, Page 613, Deed Records, Brazos County, Texas, to which
references are hereby made to for any and all purposes. Said tract described as follows, to wit:
BEGINNING at a''/2' iron rod found in the intersection of the eastern right of way of State Highway 6 and the southern
limit of Emerald Parkway at a western northwest corner of Lot 1 of the Agency Records Control, Inc. subdivision, of
record in Volume 612, Page 589. Same being the southwestern corner of the original Emerald Parkway right of way,
the southwest corner of said City of College Station Easement, and the southwestern corner of the aforesaid 1.55 acre
tract;
THENCE NORTH 01051'31" WEST, along the eastern right of way of State Highway 6 and crossing the old Emerald
Parkway right of way, passing at 110.0 feet the northwestern corner of said original right of way, continuing a total
distance of 131.46 feet to a point in said line for corner. Same being the western northwest corner of a utility easement
described this same date and being thirty feet perpendicular to and southeasterly of an existing storm drain. Said point
bears S01 °51'31 "E 45.34 feet from the back of curb of the existing Emerald Parkway;
THENCE NORTH 67016'02" EAST 52.26 feet, generally thirty feet southeasterly of and parallel to said
storm drain line, to a point for bend which is thirty feet southerly of the existing back of curb of the existing
Emerald Parkway;
THENCE in an eastern direction, along a proposed right of way line and generally thirty feet southerly of the existing
back of curb of the existing Emerald Parkway, as follows:
SOUTH 89029'02" EAST 226.23 feet to a point for bend,
SOUTH 85026'44" EAST, passing at 75.40 feet a northwestern corner of the aforesaid easement,
passing at 95.62 feet a northeastern corner of said easement, continuing a total distance of 140.06
feet to a point for bend, and
SOUTH 81 °44'28" EAST, passing at 98.26 feet an eastern corner of said easement, continuing a
total distance of 181.37 feet to a point in the southern right of way of the original Emerald Parkway
right of way and the northern line of the aforesaid Agency Records Control tract. Said point being
the eastern corner of the aforementioned utility easement. From said point an iron rod found for a
bend in said northern line bears S89°59'55"E 208.18 feet;
THENCE in a western direction, along the southern right of way of the original Emerald Parkway right of
way, the northern line of said Agency Records Control tract, and the southern limit of said utility easement,
as follows:
NORTH 89059'55" WEST 17.88 feet to an iron rod found for the beginning of a curve to the left (the
radius point bears S00001'01"W 658.98 feet),
Along the arc of said curve (CA=16°31'01 "; LC=S81 °45'30"W 189.31 feet) at 189.97 feet a point for
the end of said curve,
SOUTH 73030'00" WEST 85.00 feet to an iron rod found for the beginning of a curve to the right
(the radius point bears N16°30'02"W 808.38 feet),
Along the arc of said curve (CA=14°38'31"; LC=S80049'14"W 206.02 feet) at 206.58 feet an iron
rod found for the end of said curve,
W:\651 \651662-ROW \651662-row-release.doc
SOUTH 88008'29" WEST 75.01 feet (this line was used as the basis of bearings) to an iron rod
found for the beginning of a curve to the left (the radius point bears S01 °51'31 "E 25.00 feet), and
Along the arc of said curve (CA=90°00'00'; LC=S43°08'29"W 35.36 feet) at 39.27 feet the Point of
Beginning and containing 1.03 acres, more or less, as shown on the accompanying survey plat of
even daSe herewith.
Kirk'Raymond, R.P.L.S.4957
Goodwin-Lasiter, Inc.
College Station, Texas
July 24, 2012
W:\651 \651662-ROW\651662-row-release.doc
Fieldnote Description to 0.28 Acres
City of College Station
Morgan Rector League, A-46
Brazos County, Texas
Utility Easement Tract
Fieldnotes to that certain utility easement situated upon, over, and across a parcel of land situated in the City of
College Station, Morgan Rector League, A-46, Brazos County, Texas, occupying 0.28 acres, more or less, and being
situated on a part of the Original Emerald Parkway Right of Way as shown on a Corrected Plat of Emerald Forrest,
Phase One, filed July 16, 1981, and recorded in Volume 488, Page 593, situated on a part of a called 300.00 acre tract
as described in a deed executed January 18, 1978, from Land Part No. 1 to Allen Swoboda, Trustee, recorded in
Volume 389, Page 407, situated on a part of a called 1.55 acre tract as described in a Correction Deed dated July 20,
2012, from Patsy Gayle Swoboda, Trustee to Paesuerta, LP and recorded in Volume 10799, Page 26, and situated on
a portion of a Right of Way conveyed to the City of College Station by Haldec, Inc. of record in Volume 1162, Page
613, Deed Records, Brazos County, Texas, to which references are hereby made to for any and all purposes. Said
easement described as follows, to wit:
BEGINNING at a %_' iron rod found in the intersection of the eastern right of way of State Highway 6 and the southern
limit of the original Emerald Parkway at a western northwest corner of Lot 1 of the Agency Records Control, Inc.
subdivision, of record in Volume 612, Page 589. Same being the southwestern corner of the original Emerald Parkway
right of way, the southwest corner of said City of College Station Easement, the southwest corner of the referenced
1.55 acre tract, and the southwestern corner of a 1.03 acre right of way release tract described this same date;
THENCE NORTH 01051'31" WEST, along the eastern right of way of State Highway 6 and crossing the old Emerald
Parkway right of way, passing at 110.0 feet the northwestern corner of said original right of way, continuing a total
distance of 131.46 feet to a point in said line for corner. Same being the western northwest corner of said right of way
release tract and being thirty feet perpendicular to and southeasterly of an existing storm drain. Said point bears
S01 051'31"E 45.34 feet from the back of curb of the existing Emerald Parkway;
THENCE NORTH 67016'02" EAST 16.73 feet, generally thirty feet southeasterly of and parallel to said storm
drain, across the referenced tract and in part with the southern limit of said right of way release tract, to a point for
this western northeast corner;
THENCE across and within the aforesaid 1.55 acre tract, as follows
SOUTH 01 051'31" EAST 97.42 feet to a point for bend,
NORTH 88008'29" EAST 84.38 feet, fifteen feet parallel to and northerly of the southern limit of the
original Emerald Parkway right of way, to a point for the beginning of a curve to the left (the radius
point bears N01 °51'31 "W 793.38 feet),
Along the arc of said curve (CA=14°38'31'; LC=N80°49'14"E 202.20 feet) at an arc length of
202.75 feet a point for the end of said curve,
NORTH 73030'00" EAST 19.19 feet to a point which is twenty feet northwesterly of the centerline of
an existing sanitary sewer service,
NORTH 25059'43" EAST 61.50 feet, parallel to said service line, to a point for bend,
NORTH 12056'02" EAST 7.55 feet, continuing parallel to a sewer line, to a point for a northwestern
corner. Same being in the northerly limit of the aforementioned 1.03 acre tract and from which a
bend in said 1.03 acre tract bears N85°26'44"W 75.40 feet;
THENCE SOUTH 85026'44" EAST 20.22 feet, along the northern limit of said 1.03 acre tract and generally
thirty feet southerly of an existing back of curb line along the southern side of the existing Emerald
Parkway, to a point for this northeastern corner. From said point a bend in the northern limit of said 1.03
acre tract bears S85°26'44"E 44.44 feet;
THENCE departing from said northern limit and continuing across and within the referenced tract, as
follows:
SOUTH 12056'02" WEST 4.92 feet, twenty feet easterly of and parallel to an existing sewer line, to
a point for bend,
W:\651 \651662-ROW \651662easement.doc
SOUTH 54051'11" EAST 52.24 feet, twenty feet easterly of and parallel to an existing sewer
service line, to a point in the arc of a curve to the right (the radius point bears S14005'33"E 673.98
feet). Same being fifteen feet northerly of the southern limit of the original Emerald Parkway right
of way,
Along the arc of said curve (CA=08°37'43"; LC=N80°13'18"E 101.40 feet) at an arc length of
101.50 feet a point in the northern limit of said 1.03 acre tract. From said point a bend in said
northern limit bears N81 °44'28"W 98.26 feet, and
SOUTH 81 °44'28" EAST 83.11 feet to a point for this eastern corner and the eastern corner of said
1.03 acre tract in the southern limit of the original Emerald Parkway right of way. From said point
an iron rod found for a bend in the northern line of the aforementioned Agency Records Control
tract bears S89059'55"E 208.18 feet;
THENCE in a western direction with said southern limit and the northern line of said Agency Records
Control tract, as follows:
NORTH 89059'55" WEST 17.88 feet to an iron rod found for the beginning of a curve to the left (the
radius point bears (S00001'01"W 658.98 feet),
Along the arc of said curve (CA=16°31'01'; LC=S81 °45'30"W 189.31 feet) at an arc length of
189.97 feet a point for the end of said curve,
SOUTH 73030'00" WEST 85.00 feet to an iron rod found for the beginning of a curve to the right
(the radius point bears N16°30'02"W 808.38 feet),
Along the arc of said curve (CA=14°38'31'; LC=S80°49'14"W 206.02 feet) at an arc length of
206.58 feet an iron rod found for the end of said curve,
SOUTH 88008'29" WEST 75.01 feet (this line was used as the basis of bearings) to an iron rod
found for the beginning of a curve to the left (the radius point bears 301 051'31"E 25.00 feet), and
Along the arc of said curve (CA=90°00'00'; LC=S43008'29"W 35.36 feet) at an are length of 39.27
feet the Point of Beginning. The herein described easement occupies 0.28 acres, more or less, as
shown on the accompanying survey plat of even date herewith.
KOK Raymond,'R.P.L.S. 4957
Goodwin-Lasiter, Inc.
College Station, Texas
July 24, 2012
W:\651 \651662-ROW \651662easement.doc
Application for Abandonment of
a Public Right-of-Way/Easement
Location: 3001 Earl Rudder Freeway
EXHIBIT NO. 2
Attached is a copy 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.
10/10 Page 5 of 8
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Application for Abandonment of
a Public Right-of-Way/Easement
Location: 3001 Earl Rudder Freeway
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.
VERIZON TELEPHONE COMPANY
By:
Title:
SUDDENLINK COMMUNICATIONS
By:
Title:
BRYAN TEXAS UTILITIES
By:
Title:
10110 Page 6 of 8
Application for Abandonment of
a Public Right-of-Way/Easement
Location: 3001 Earl Rudder Freeway
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 ENERGY
By:
Title:
VERIZON TELEPHONECOMPANY
r
SUDDENLINK COMMUNICATIONS
By:
Title:
BRYAN TEXAS UTILITIES
By:
Title:
10110 Page 6 of 8
Application for Abandonment of
a Public Right-of-Way/Easement
Location: 3001 Earl Rudder Free
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 ENERGY
By:
Title:
VERIZON TELEPHONE COMPANY
By:
Title:
SUDDENLI K-COIyIMUNI CATIONS — — --
�1�� /
Title:
BRYAN TEXAS UTILITIES
By:
Title:
10110 Page 6 of 8
Application for Abandonment of
a Public Right•of-WaylEasement
Location: 3001 Earl Rudder Freeway
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 ENERGY
By:
Title:
VERIZON TCLEPI IONS COMPANY
By:
Title:
SUDDENLINK COMMUNICATIONS
By:
Title:
BRYA
By:
Title:
10110 Page 0 of a
Application for Abandonment of
a Public Right-of-Way/Easement
Location: 3001 Earl Rudder Free
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.
CiVErIgineer
y of College St on
Zoning Official
City of College Sta ion
Electric Department
City of College Station
C� W
Building Official
City of College Station
Fire Marshal
City of College Station
Water Services Department
City of College Station
10110 Page 7 of 8
09/25/2012 10:23 FAX 9797843403 COLLEGE-STATION-FD IaOO2/003
Application for Abandonment of
a Public Right-O-WaylEasement
Location: 8001 EerlRudder Freeway
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-wayleassment referred to above from the standpoint of CRy of College Station
ordinances and with respect to present and future needs of the City of College Station and sea no objectlon to the
requested abandonment from the Citys standpoint.
City Engineer
City of College Station
Zoning Offiolal
City of College Station
F:IBCtnC Dopeftent
City of College Station
Building Official
City of College Station
C %'
Fire Marshal
City of College Station
Water Semm Department
City of College Station
10110 Page 7 or 6
Application for Abandonment of
a Public Right-of-Way/Easement
Location: 300f Earl Rudder Freeway
EXHIPIT 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
City of College Station
Zoning Official
City of College Station
c nc D pa ant
City of College Station
Building Official
City of College Station
Fire MarshaF —'m
City of College Station
Water Services Department
City of College Station
10110 Page 7 of a
10/02/2012 07:30 9797643452 COLLEGE STATION UTIL PAGE 01/01
�q�
Application for Abandonment of
a Public Right-of-Way/Easement
Location: 30Of Earl RudderFreeway
9XIACILAtqA
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 Englneer
City of College Station
Zoning Cfficlal
City of College Station
Electric Department
City of College Station
10110
Building Dfficlal
City of College Station
Flre arshal
City of College Station
t &�A C� l2-
Water Services
City of College Station
Paga 7 of 8
09/20/2012 12:08 9797643489 PLISLIC:WORKS PACE 01
Application for Abandonment of
a public Rightof-Way/Easement
Location 3001 Fart Rudder Freeway
EXHIBIT ryQ. 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
City of College Station
Zoning Official
City of College Station
Electric Department
City of College Station
Public Works Director
City of College Station
Building Official
City of College Station
FireMarshal
City of College Station
Wster Services Department
City of College Station
1 olio Page 7 of 8
Application for Abandonment of
a Public Right-of-Way/Easement
Location: 3001 Earl Rudder Freeway
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,
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
10110 I'14,P)WIMAI�" Page 8 of 8
Paesuerta, Inc.'s Application For
Abandonment of Old Emerald
Parkwav Right-of-Wa
Location: 3001 N. Earl Rudder Freeway
College Station City Council
November 8, 2012
Summary
1. Applicant seeks abandonment by the City of a 1.03 acre right-of-way
area, originally granted to the City to accommodate the old Emerald
Parkway location.
2. The old Emerald Parkway right-of-way, containing 0.65 acres of the
abandonment area, was dedicated to the City by plat in 1976.
3. The current Emerald Parkway right-of-way, containing 0.38 acres of
the abandonment area, was dedicated to the City by deed in 1990.
4. Emerald Parkway was moved to its current location in the early 1990's
to accommodate the Highway 6 overpass.
5. The current Emerald Parkway is a four lane divided roadway, which is
adequate to handle the anticipated future needs of the public.
6. Applicant is dedicating a 15' public utility easement along the southern
portion of the abandonment area.
7. The City is reserving a 30' right-of-way along the northern portion of
the abandonment area.
Current Aerial Photograph of Emerald Parkway and Abandonment Area
a C
.+ n
a �
1976 — Allen Swoboda dedicated original 0.75 acre right-of-way to
the City via final plat of Emerald Forest, Phase 1 (later filed in 1981
as Correction Plat 488/593)
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ESWZUALD FORZST
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A& ACT NO. 46
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1983 - Final Plat of Agency Records Control, Inc. (612/589), showing
location of original Emerald Parkway right-of-way.
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21.121 Ac_ Tract
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LOT 2
15.519 Ac- Tract
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AGENCY RECORDS
CONTROL, INC
36.746ALre Trod
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Circa 1990 — State of Texas right-of-way map, showing proposed
new location for Emerald Parkway, to accommodate the new
Highway 6 overpass.
1990 — Haldec, Inc. (Allen Swoboda) deeds the new right-of-way area to
the City (1162/613). The old right-of-way area is not abandoned by City.
ilGNt'-OF-19Y �-.y'.�;;:;i±�••.CO
Lam, this . r�,vi. toy of ,rnn��IJ,���������
between Nonce Ina., a Texas Corpro tion thereinafter called
"GSga1D5"7 asd the CI12 OF CCLLK£ smsTion, a i.w municipal
Coepoeation, atnros County, Texas hereinafter Callen MLaT j;
V1 PN C 5 a eT at
that fax and in cansidera:ion of the sea of 7m and W/IOC
Collar IRM O) to it paid, the receipt Wk..E is AOrahy, ar-
knosledged, the GaUdrolk hereby GSM 15, SELLS and CCd"' 'he
peopoOty hzrsica!ter awr'--lei to the CRa nU, a perpetual
easement, hereinafter r43bt-of-say, far p,'-JO otilfties and a
stroot, and the GRA99:E until Lave the rigit to ccnatraat, we,
operate, inagecp repair, maintadn, ..'ro't, modify, add
maintain Ruch a street, sad further may amsteuct, 'Parate, and
maintain underg:ovN electric tcrossmiatia, and diatr.evttan
limes, sanitary saver linen, nonvoting lines, access facilities,
storm severe, collection facilities, ttiealtion, telephone and
communications liras cn, over, across, and undcr teat portion of
CB7d1'IO91e prep sty dreelbod ns follows:
.all that certain tract or parcel of land ly-
ing !.,d brig sits.ted in the Becton Rector
btages I. C.11.5. Station, Scono. County,
Texas, teing a part a the Sao acre tract
conveyed to Na.c., Imo„ lay deed recorded in
Vain. 394, Page 7.4 of the peed Teccrdm of
Brazos Catchy, Tars, and hoin9 to Paction-
larly described as follow!
BECIMIG, at, as it.. call fomrd at the oast
southerly corner of tot 3 in Black 1 Of
Emerald Forst phase one addition to the City
of Collo;e fiction, Term, acmrdin9 to Plat
of record is 'Volume 4E2, Page 871 of the need
Records of Braves County, Tests,
^.'10:%CB along the are of a suave to as right
(F-104.W) through a control angle of Lu-
cl' 'So, the abaci a •bici, _^sofa N e4' 35'
1S° N- 245.34 foot, to an 1eon and act at
the eel at said vine,
TMCC N 79a 3t' 30- N - ISM Evot to an
iron tad set at the beginning of a torus to ,
the left jF=1045.00);
'IDafC- a30a6 the arc of amid curve throw. a
antral anl: of S. W. 15' ta me to. call
act at the end of aid cal. ,
guzzle N 35' 13' 45" N - 131.03 feet to se
it. as set s: on m 11 pnlat;
'!> 11 N 81' 24' 54: C - 264.4E feet to ad
Ivan and set a: an .*a post;
'.+(f'..Rui N 4e 14' 36" N - 37.% feet W as
laoo and at In the northeast right -of -MI
list, of Seats Aip,wy WC. 41
e6.'.`CE F 1' 13' 37' B - EI1.08 feet alotg
maid na-th.Ut sight-of-vay 2fno eo oa lace
rod meta
.ama N El' 0v A, E - O.a Cart to as iron
and act at the begionds: o! a caws to the
left (3--35') in the "Liting north rightof-
cap 111e Of Emerald packvay7
gxtKE alone the arc of tale carve tho.W a
central angie of 90°, etc attend Of stick
beer, 8 46' S1' 17, N - 35.3G Eart to am 1.
nd net at the and of am curve;
T3& N 11' Od' 45. B - 7S.0 feet to as
,rat rod not at, the bmi=99 of a mtae Eo
the left (1-74L35'1 is the ea Utiag north
rIsiC of-wI o! erera.1 ParkGsy;
2£BN Nw the arc uE asid cure thrm9b a
natural angle of id` If, 23" to as inns nd
not at the and of asul cane-
71sics N 73' 36' €4' h - 85.03 :cot mntiou-
Ing al.on the existing north eiSbt-otway a:
mm.-mld nikere, to airon rod Est at }e
bc911AAWg 9l .'carve to the tight
(Rn718.9611,
233'CE aIraq the arc of Wa :urvs throueo a
rt"ec. maple a 16' il' Due as an iron red
foorsl at the mad o- aaid macs)
f5ENC6 5 85' 511 d6' B - 2:E:79 fee: mntion-
i,q arm; the carol, awth'awt rlght-ef-vay
item of Naeraid pacer ap re an. =a tot ne_ ,n
the MMLYtBt lice Of Enurald FGre1t;
TOM x 7' )5' 37, N - 30.27 fast along the
'va,lthawt line of forrald EP.eet 40 the Inint
cf ft9inniug ad cwtaini-9 2.99 acres of
lard amra or lets.
i. GP)dF9e Stamm to mpNe to :igt: 4f _norasa eM
Wass, over GBRUTOR'S ad.aCeat "aria t0 or iMo said eaetM.'R for
the Foop.ee of inmpsatdnyr naioaainlrgr oorettaetin9, temn-
atolrg, reprlriay, n,atin9, doctor weaving a" Pluto
utility epataas rndfor pebls s:c-st �aukd ate no all f"on"" avd
appouteuancen tl'res, the rich, m Cat or ria trees aid aver
Eol ee]e, .rants, txnsh art other cbsteaatiom vithin of along has
cad•1�i�814 . � -
mmemnk, O the extent, s to, ame reeaor bl, jadPMlt of
=e, H, as at, bo roaeaaxy tt "Out, paoib:e irrotferme
Wtb ON eysatrn of enid facilities md/e; ! 01Ptent or to
:now Paca36fe lamed[ tteaeb.
2. Guam%, f=W mrteQW art= most, that no Par"- ui
1nPrORMots mssL3atd, eLememd oa PIted oe mad lard by
®kaftE Galt ea or bacons an be mxldaeed as Wan atfisad m
of a part of mid "aky and t4at all atcorwartm of away
P ud am m . amatrnecal, Erected at ?Bred Oe said Ind CC
aW Fat thaso! by SFAM a ire lieovaa, stall retain tat
Convert, of the GBMYIE.
3. MMD +hard tmeic ay asoup to annular [estate de
,
GIARI011E property 1E the reed tot verb Opal- oc attestation is j
rah:er ty rR ariUe old or ita is, C enjoyment Of rile emem eat. j
I
4. MINE farther acvmmnm end agrmm to puv{fa CmTN
vith flu diet iron the Prepatty Ie2diamly +dialect e, dbe
meseaset Otte.
5. CALM RVIR sly sebonlizetca 311-t5hts of incline ass
jw.4ot to tte asKal t tate to to sloe described Rum It
i
said smiam by GAPN'Ia3, and emll P roar acblat4^['m sdmdisa-
ticm.
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1W SINS 3, Pttsmmea
12PIXIM Pd to FCC.% 'r
T.Il 9IO.i6p, any IA, 33 CHAarSo 1
Mudded 3•S IM SOR EF2B1TiI
STigE ce 1p318 )
LCIl1.Sf OF BFf2G6 i
2h ratnverat su arfmnt:dgK before as an the ndd dry of
l I• ' A I1 UP, ay ALM SM A as Ptaci7oE
Gallen I ., a A. h.Yparatl0n. M 6131E of said Sotlarttiw,
aM01 No»f.Y j �u17p la m3-;oc
l nwPnta,.. n., tie Cate oG 4e`{aa
htaaa'u PAsled F3FA:
Ka 3a19. 3rp•I
Aerial Comparison Photographs of Location of Emerald Parkway
1985 (old location)
1995 (new location)
Current Survey of Proposed Abandonment and Easement Areas
City of College Station
Morgan ReotorLeague, A-46
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Emf,alC Pdi'c Plana
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Summary
1. Applicant seeks abandonment by the City of a 1.03 acre right-of-way
area, originally granted to the City to accommodate the old Emerald
Parkway location.
2. The old Emerald Parkway right-of-way, containing 0.65 acres of the
abandonment area, was dedicated to the City by plat in 1976.
3. The current Emerald Parkway right-of-way, containing 0.38 acres of
the abandonment area, was dedicated to the City by deed in 1990.
4. Emerald Parkway was moved to its current location in the early 1990's
to accommodate the Highway 6 overpass.
5. The current Emerald Parkway is a four lane divided roadway, which is
adequate to handle the anticipated future needs of the public.
6. Applicant is dedicating a 15' public utility easement along the southern
portion of the abandonment area.
7. The City is reserving a 30' right-of-way along the northern portion of
the abandonment area.
EASEMENT APPLICATION
To be filled in and submitted with construction plans and specifications for preliminary review
(Not to be used where City is purchasing property)
THIS SECTION TO BE COMPLETED BY. CITY STAFF
PROCESSED BY: DEPT. .NEXT,'
`.REQUESTED BY: DEPT. EXT,
ACCOUNT NO. PROJECT NAME;
(For ordering title work, appraisals, etc.)
PROJECT NO,
iTYPE OF EASEMENT;
Public Utilities (PUE) Temporary Blanket PUE _ Electric Only
(prior to building permit) Water Only
`SPECIAL INSTRUCTIONS:
REVIEW AND APPROVAL REQUIRED/GIVEN . BY THE FOLLOWING DEPARTMENTS:
Approval Required By: - Electric Approval Given By:. .Electric
(please initial) WaterA/VW (please initial) Water/1VW -.
AssL City Engineer Asst. City Engineer
Public Works -. p�p{�[/. PPuublic Works
METES & BOUNDS DESCRIPTION CHECKED FOR CLOSURE
(City Staff - Name/Dept.)
THIS SECTION TO BE COMPLETED BY APPLICANT
PROPERTY OWNER(S): Paesuerta, LP, a Texas limited partnership
(Names must be exactly as they appear on the deed)
ADDRESS: 2429 Earl Rudder Freeway, Suite 100 PHONE NUMBER: (979) 693-8925
College Station, Texas 77845
ALL LENDERS (Please furnish copies of all lien documents): N,I A
(Names and Addresses)
IF OWNER IS A CORPORATION, PARTNERSHIP, OR JOINT VENTURE (also see 45 below):
1. State of Incorporation / Registration Texas
2. Partners' Names (if applicable) Tipfor, LLC, aTexas limited liability company, its general partner
3. Person Authorized to Sign Scott Eidson, President
(Name and Title)
LEGAL DEPARTMENT MUST BE PROVIDED WITH THE FOLLOWING:
(Please check items that are attached)
�l 1. A copy of a recent (within 90 days) deed or title insurance policy showing the names of the grantors / owners; and
rl 2. For unpiatted property, s signed, sealed and dated metes and bounds description and a diagram of the properly
showing the location of the easement; or
r 3. For platted property, a copy of the plat showing the lot, block, subdivision, and recording information.
r' 4. For blanket easements, a signed, sealed and dated metes and bounds description and a diagram of the properly.
fx 5. 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.
r' 6. Name, address and phone number of person who is to receive the easement and be responsible for getting it executed:
Mike Gentry, 1515 Emerald Plaza, College Station Texas 77845 (979) 694 7000
Any land acquisition resulfing trom Capital Improvement Pro%ccts requires a meeting with the Legal Department.
bgskoadeve_serlapplicationsknnrenIWlannin9keasement applimrion.doc print Form Rev. 07-29-08