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HomeMy WebLinkAboutApplication (13-47)(*Or" Cm' or Cou.vcclz'. ST,moN %. fT ,Ad-Af L1u,:r hD'- FOR OFFICE USE /ONLY CASE NO.: I ^^�) `l DATE SUBMITTED: TIME: 1 S STAFF: L ABANDONMENT OF PUBLIC RIGHT-OF-WAY/EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: ✓$700 Abandonment of Public Right-of-Way/Easement Application Fee. ❑x 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. )�__AII exhibits processed (except for Exhibit No. 4, which will be processed by staff). /Cj) 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. (JZI) 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): On the west side of Forest Drive - 600' north of University Drive. Lot 3C, Block 1 - Tie ateway Phase 3 APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name Stewart Kling �- R1k �3w 5 E-mail skling@cectexas.comi6&yh�"rhn,-o Street Address 4101 S. Texas Ave. Suite A 11J� • CAvYI City Phone Number 979-646-6212 State TX Zip Code 77802 Fax Number 979-846-8252 PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple owners): Name Salim Ismail, LLC Street Address: P.O. Box 2864 City Bryan State TX Phone Number 979-846-8700 Fax Number E-mail Zip Code 77805-2864 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 mey statement of the owner. If there is more than one owner, all owners must sign the application or power attorne . If the owner is a company the pication must be accompanied for t6o rmm�anv's by proof of authority repr sentabv6A sign the application on itsfohat . Signature and title WCV-1—D `5T� _ —J Date 10110 LLC Page 1 of 8 TO THE MAYOR AND CITY COUNC r 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 none Street Address City Reason consent was not obtained: I objecting, points of objection: Name Street Address Citv Reason consent was not obtained: F objecting, points of objection: Name Street Address Citv Reason consent was not obtained: f objecting, points of objection: Ua State State State E-mail E-mail f ON" Zip Code Zip Code Zip Code 10110 Page 2 of 8 7 a Q 10. 11. That the abandonment will not rei,o tin property that does not have access to puouc roadways or utilities because: 4s shown on the attached exhibits, we area andoning a "straight portion "of a 20' PUE and re -connecting the two =nds with a "looped" PUE Therefore, all access to public roadways will remain unchanged. chat there is no current public need or use for the easement or right-of-way because: There is a public need for this easement, however, a hotel is being planned to encroach into a portion of this casement, therefore, a looped re-route has been provided to keep the current 12" waterline in service and in an =asement. I hat there Is no anticipated future public need or use for the easement or right-of-way because: The re-route replaces the easement being abandoned. That all public utilities have access to serve current and future customers because: The re-route provides for public utility access to the same extent that the requested abandoned portion did. Such public right-of-way/easement has been and is being used as follows: To service and maintain a 12" waterline. This line will be re-routed to be within the looped easement and the 12' line will be abandoned/ removed from the abandoned PUE. I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief. c:Ta 2 ;ignature and title Date STATE OF TEXAS § § ACKNOWLEDGEMENT COUTY OF BRAZOS § Subscribed and sworn to before me, a Notary Public, this 2o& day of TW rvq r! 2013 by 5.1W . X L-/ Ala' 61/ r�T �COP r a. y. Notary Public in and the State of Texas 10/10 Page 3 of 8 Application for Abandonment of a Public Right-of-Way/Easement Location: west side of Forest Dr- 600' north of University EXHIBIT NO. 1 Attached is a sealed copy of the metes and bounds description of the public right-of-way/easement situated in The Gateway, Phase 3 (aka Staybridge Hotel) Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be abandoned. 10/10 Page 4 of 8 Easement Abandonment within Lot 3C, Block 1 The Gateway, Phase 3 Richard Carter Survey, A-8 College Station, Brazos County, Texas Field notes of a 20' wide strip or parcel of land, lying and being situated in the Richard Carter Survey, Abstract No. 8, College Station, Brazos County, Texas, and being part of Lot 3C, Block 1, 2.00 acres, according to the final plat of The Gateway Subdivision Lots 3A, 3B, 3C and 3D, Block 1, Phase 3, being a Replat of The Gateway Subdivision, Lot 1, Block 1, Phase 3, 6.21 acres recorded in Volume 9112, Page 138, of the Official Records of Brazos County, Texas, and said 20' strip being more particularly described as follows: COMMENCING at an "x" found in a concrete sidewalk located in the northwest line of the beforementioned Lot 3C, Block 1, the said "x" also being at the north corner of a 20' wide public utility easement as described in Volume 6372, Page 138, of the Official Records of Brazos County, Texas, an "x" found in concrete marking the north corner of the said Lot 3C, bears N 410 55' 26" E - 66.36 feet; THENCE S 480 04' 07" E along the northeast line of the beforementioned 20' public utility easement for a distance of 42.87 feet to a 60d nail set at the PLACE OF BEGINNING of this description; THENCE S 480 04' 07" E continuing along the northeast line of the beforementioned 20' public utility easement for a distance of 144.39 feet to a 60d nail set; THENCE S 640 25' 52" W crossing the beforementioned 20' public utility easement for a distance of 21.65 feet to a 60d nail set in the southwest line of the beforementioned 20' public utility easement; THENCE N 480 04' 07" W along the southwest line of the beforementioned 20' public utility easement for a distance of 127.82 feet a 60d nail set; THENCE N 190 25' 52" E crossing the beforementioned 20' public utility easement for a distance of 21.65 feet to the PLACE OF BEGINNING, containing 2722 square feet of land, more or less. Surveyed: June, 2009 Revised: Febr By. �� Kling R.P.L.S. No. 2003/ Prepared 02/12/13 Kes13-staybridge ezmt abandonment - 2722sq.ft - 412900.docx Application for Abandonment of a Public Right-of-Way/Easement _ Location: west side of Forest Dr - 600' north of University 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 H:\Lon4 Projects R2\University Drive —Lincoln —Spring Loop\Ewg\v • Gateway Peme Three\Eselalle\Easements\Lot 3G\Easement t\zu rut wD.noonmenoawg 11,111.11 %♦ J \ \ LOT 1, BLOCK 1 SCALE: 1"=100' \ M:'THE GATEWAY PHASE 2 \ 12.27 ACRES i \ \ VOL. 5809, PG. 70-71 LOT 1AR-1, BLOCK 1 11.78 ACRES THE GATEWAY, PHASE 1 \ \\ $� ap�v VOL. 6693, PG. 211 \ ' �aJ ah ti J014 6" Qrg� ( Qyy�a a( ,n, ' y\\o 4T00 \v 1"45' PRIVATE ACCESS I EASEMENT �ti�ry6 , ` VOL 5809 PG. 70 ,+'+•�h ' t j0+' .e11p` P�r PLATTED ')o � 22 v _{-_......' -.5 48'04'07"E \42.87' 2 O ESMT.PJ�03 GP1\� LU U) o1 �' VOL. Ptg7fED 70 T'J' ` ``�`` O\GNOME P��EO U En w S 0 I 1 ' ` Y' � ,m Q •� ` I I , ? �� ` � CR �q l `1 -i L) d"%` 10' WIDE PUBLIC UTILITY EASEMENT „ `+ J �02 VOL. 9112, PG. 138 Q coZ I ,'yak �`� `� PLATTED 0 r W J ~ O y r` ' p' � m 0 \.Z ` 20' UTILITY EASEMENT 2• • +dry4,0 J VOL. 6372, PG. 138 WyQs VOL. )�' PLATTED N°v , �`� Elm •�. , ' VARIABLE WIDTH PRIVATE` % t ' / ACCESS EASEMENT "C" 30' WIDE PRIVATE `�/ Qp0 `, C . 0.82 ACRE SANITARY SEWER `.� �.+^rj;, J'c JG' >.� �� 35,865 sq.ft. EASEMENT J y'h S 4r J0 ; `�` t VOL 5883, PG. 204 Y VOL. 9112, PG. 138 O �. QO Q�+.y0 '2 I PLATTED 'yJ0 ♦ ,Q2•��Y. `` `� `+`%` `\ / CITY OF COLLEGE STATION 20' WIDE UTILITY EASEMENT \PQ,\++5.` VOL. 407, PG. 792 p q Q LOT 3Ce BLOCK 1 `> 1 CQT A, 3B, ND 3D, BLOCK 1 2.00 ACRES ` I T GATEWA ,PHASE 9112,P .138 LOT 3D BLOCK 1 `i- t` ,` o 0.76 ACRE s" °AN `, COMMON 2 LOT 0 83EACRE BLLOCK , LOT1 BLOCKA1 1.07 ACRES 0.74 ACRE J / , r f 0- No. EASEMENT ooq k, \Es ABANDONMENT ! / , ' /\��\FRS\ROW• OF A PORTION OF A 20' WIDE PUBLIC UTILITY EASEMENT WITHIN 20e WIDE PUBLIC UTILITY LOT 3C. BLOCK 1 EASEMENT ABANDONMENT THE GATEWAY, PHASE 3 (2722 S.F.) METES: COLLEGE STATION, BRAZOS COUNTY, TEXAS LINE BEARING DISTANCE L1 S48'04'07"E 144.39' SCALE: 1 "=100' FEBRUARY, 2013 L2 S64'25'52"W 21.65' PREPARED BY: L3 N48'04'07"W 127.82' KLING ENGINEERING & SURVEYING L4 N19'25'52"E 21.65' 4101 TEXAS AV. + P.O. BOX 4234 + BRYANJEXAS + PH.979/846-6212 NREE: KLING ENGINEERING & SURVEYING 12 •(.I'I BRYAN, TEXAS J 3 S'13 11: 3s'FAL Application for Abandonment of a Public Right-of-Way/Easement Location: West side of Forest Dr- 600' north of university 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 1 „ r J , By: Title: �-vr- �r.-- VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: 10/10 Page 6 of 8 Application for Abandonment of a Public Right-of-Way/Easement Location: west side of Forest Dr- 600' north of University EXHIBIT NO, a 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: 8 •' i.. i 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: West side of Forest Dr- 600' north of University VERiZON TELEPHONE COMPANY By. Title. SUDDENLINK COMMUNICATIONS -, Title: BRYAN TEXAS UTILITIES By: Title: 1 ur'. 113 Page 6 0r 8 Application for Abandonment of a Public Right-of-Way/Easement Location: west side of Forest Dr- 600' north of University 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: SUDDENLINK COMMUNICATIONS By: Title: IS3'G By: Title: 1oil 0 Page 6 of 8 03/21/2013 14:39 97976434G9 COLLEGE STATION UTIL PAGE 01/01 3q a4 Application for Abandonment of a Public Right-of-Way/Easement Location; West side of Forest Or- 600' north of University 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-wayleasement 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. ityEngineer City of College Station Zoning Official City of College station C A04Buildingial City of College Station Fire Marshal City of College Station electric Department Water Services Department City of College Station City of College Station Public Works Director City of College Station fmto Page 7 of H Application for Abandonment of a Public Right-of-Way/Easement Location; West side of Forest Dr- 600' north of University EXHIBIT NO, 4 The undersigned, City staff of the City of College Station, certifythathave carefully considered the Application for Abandonment of the public right-of-wayteasement'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'sstandpoint. City Engineer City of College Station Zoning Official City of College Station Electric D parte�i nt � City of College Station Public Works Director City of College Station Building Official City of College Station Fire Marshal City of College Station Water Services Department City of College Station 10110 Page 7 of 8 03/21/2013 15:38 FAX 9797643403 COLLEGE-STATION-FO 160011001 Applicaton for Abandonment of a Public Right-of-Way/Easement Location: Wesf side of Forest Dr- 600'nortft of University The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application or Abandonment of the public right-of-way/easement referred to above from the standpoint of City of College Station ordinances and with reaped to present and future needs of the City of College Station and see no objecpon to the requested abandonment from the Clty's standpoint - City Engineer City of College Station 7oning Official City of College Station Eletdrrc rbnent City of College Station Public Works Director City of College Station Building Official City of Collage Station a� ire ershe City of College Station Water Services Department City of College Station 10110 Page 7 or a 03/25/2013 06:51 97976434A9 PUBLIC:WORKS Application for Abandonment of a Public Right-of-Way/Easement Location_ West side of Forest Dr - 600' north of University IE"J_T_NF.D_.- a The undersigned, City staff of the City of College Station, certify that they have carefully considered the Abandonment of the public right-of-way/easement referred to above from the standpoint of City of ( ordinances and with respect to present and future needs of the City of College Station and see no e 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 yen lee: City of College Station City of College Qlic: orks t7irector City of College Station PAGE 01 Application for Abandonment of a Public Right-of-Way/Easement Location: West side of Forest Dr - 600' north of 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: WI& ADDRESS: ADDRESS: NAME: ADDRESS: ADDRESS: 10/10 Print Form Page 8 of 8 .... . 6_._ ._ .._._..- __. I,,,.n\n.n\Tn< cnt"wnv Phns" Th... \Exhibits\Eosement9\20' PUE - Existing Condl±'rons.dwg 5/27/2009 3:25:39 PM CDT -- -//EXISTING CONDITIONS , i a,� SCALE: 1 "=40' LOTS 3A, 313, 3C, AND 3D, BLOCK 1 THE GATEWAY, PHASE 3 VOL. 9112, PG. 138 ::---30' WIDE PRIVATE SANITARY SEWER EASEMENT VOL. 9112, PG. 138 PLATTED i .\x i i 1 JO !1 COMMON AREA 2 0.83 ACRE LOT 3C, BLOCK 1 2.00 ACRES -----/ PROPOSED CONDITIONS ,� v. ♦ iq F ` v EXISTING 12 ST WATER LINE Y�% , iL9 OPG 3D WIDE PRIVATE SANITARY .. SEWER EASEMENT 'VOL. 8112_ PG. 138 LOT 3C, BLOCK 1 \- 2.00 ACRES PROPOSED BUILDING SCALE: 1 "=40' 20' WIDE PUBLIA'\� UTILITY EASEME (2543 S.F.) c C'o m x LO/ .., TO W x F G, 1:5u'_� 3513 I\ 33 -z4c XREF. KUNG tNUINLLMINb a J�/nvu uw BRYAN, TEXAS (* 00� CITY OF COLLEGE STATION Home ofTe ACW Univeaty' Office of the city Secretary Filed for Record in: DRAZOS COUNTY On: Or 12,2013 at 03:45P As a Record in„ss- Document Number: 01151994 Amount 36.00 Receipt Humber - 467463 Bsr Amber Hoehlman CERTIFICATE TO COPY OF PUBLIC RECORD CITY OF COLLEGE STATION § STATE OF TEXAS § COUNTY ,R BRAZOS Before me, the undersigned authority, personally appeared Sherry Mashburn, who, being by me duly sworn deposed as follows: My name is Sherry Mashburn. I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated. I am the custodian of the records of the City of College Station, Brazos County, Texas. Attached hereto is a full, true and correct copy of Ordinance No. 2013-3493 adopted by the City Council on April 11, 2013. I further certify, in the performance of the functions of my office, that said pages of record is an official record from the public office of the City Secretary, City of College Station, Brazos County, Texas, and are public records which are kept in said office and appear of record in said office. In witness whereof I have hereunto set my hand and affixed the official seal of the City of College Station, this 12th day of April, 2013. &4. Sherry Me urh, City Secretary City of Coll a Station, Texas Brazos County, State of Texas Sworn to and subscribed before on tthel NtTtey Aprit,, 2013c Notary a ic, State of Texas aM-.., TANYA MCNUTT ` * * Notary Public, State of texas MyCommission Expires FEBRUARY 14, 2014 P.O. SOX 9960 • 1101 TEXAS AVENUE • COLLEGE STATION • TEXAS • 77842 cstx.gov Easement Abandonment within Lot 3C, Block 1 The Gateway, Phase 3 Richard Carter Survey, A-8 College Station, Brazos County, Texas Field notes of a 20' wide strip or parcel of land, lying and being situated in the Richard Carter Survey, Abstract No. 8, College Station, Brazos County, Texas, and being part of Lot 3C, Block 1, 2.00 acres, according to the final plat of The Gateway Subdivision Lots 3A, 3B, 3C and 3D, Block 1, Phase 3, being a Replat of The Gateway Subdivision, Lot 1, Block 1, Phase 3, 6.21 acres recorded in Volume 9112, Page 138, of the Official Records of Brazos County, Texas, and said 20' strip being more particularly described as follows: COMMENCING at an "x" found in a concrete sidewalk located in the northwest line of the beforementioned Lot 3C, Block 1, the said "x" also being at the north corner of a 20' wide public utility easement as described in Volume 6372, Page 138, of the Official Records of Brazos County, Texas, an "x" found in concrete marking the north comer of the said Lot 3C, bears N 41 ° 55' 26" E - 66.36 feet; THENCE S 480 04' 07" E along the northeast line of the beforementioned 20' public utility easement for a distance of 42.87 feet to a 60d nail set at the PLACE OF BEGINNING of this description; THENCE S 480 04' 07" E continuing along the northeast line of the beforementioned 20' public utility easement for a distance of 144.39 feet to a 60d nail set; THENCE $ 640 25' 52" W crossing the beforementioned 20' public utility easement for a distance of 21.65 feet to a 60d nail set in the southwest line of the beforementioned 20' public utility easement; THENCE N 480 04' 07" W along the southwest line of the beforementioned 20' public utility easement for a distance of 127.82 feet a 60d nail set; THENCE N 1.90 25' 52" E crossing the beforementioned 20' public utility easement for a distance of 21.65 feet to the PLACE OF BEGINNING, containing 2722. square feet of land, more or less. Surveyed: June, 2009 M Prepared 02112/13 Kes13-staybrldge ezmt abandonment - M2sq.ft - 412900.docx \ ti SCALE: 1">a700' C 1 \ \1 4 ^ .t </ a n t O YNe{ 0w�4 m44 -Mmj�h ~OriW _I J O W �I z' LOT 1, BLOCK 1 THE GATEWAY PHASE 2 12.27 ACRES VOL, 5809, PG. 70-71 [im+ LOT TAR-1, BLOCK 1 1. 11.78 ACRES i ♦`♦ THE GATEWAY, PHASE 1 VOL. 6693, PG. 211 y`e; l 11 l F�r`Y 1 ` 1 3SOAMPA�RY SHIM C- •/�/* VOL.DO ' . 13B • —" CNT OF COLLEOf 5 20' Do VOL 407, P . 1 VOL 9Uf, PG. ` I x nL `` ^ ♦YET 11 \ T I LOT K I BLOCK 1 i 0.76 ACRE 4Bo4oi'e'♦ lo {J q 'Pad' N P d ".NO3D, BLOCK :WA . HASE3 112, P 138 WON 'A 2 LOT 38, ACRE BLOCK 1 1.07 ACRES / \ y -10' WIDE PUBLIC R C . D FASEMEM /,XJ"\� V0VOL.8112PC. 138 PvrEO '. VOL. 503, PG 204 LOT 3CI BLOCK 1 2.00 ACRES LIT Ili ✓ �' BLOCK 0.74 ACRE V 1F M- N EASEMENT ABANDONMENT OF 20' WIDE PUBLIC UTILITY EASEMENT ABANDONMENT (2722 S.F.) METES: LINE BEARING DISTANCE Li $48'04'07"E 144.39' L2 S64'25'52'W 21.65' L3 N48'04'07"W 127.82' L4 N19'25'52"E 21.65' rem, A DE PORTION OF 20 PUBLIC UTILITY EASEMENT WITHIN LOT 3C, BLOCK 1 THE GATEWAY, PHASE 3 COLLEGE STATION, BRAZOS COUNTY, TEXAS SCALE: 1"=100' FEBRUARY, 2013 PREPARED BY: — �--%LING ENGINEERING b SURVEYING— 4101 TEXAS AV. + P.D. BOX 4234 + BRYAN.TE%AS + PH.879/848-8212