HomeMy WebLinkAboutApplicationAPPLICATION FOR
THE ABANDONMENT OF A
PUBLIC RIGHT-OF-WAY/EASEMENT
Date: February 12, 1999
Location of Right-of-Way
/Easement to be Abandoned: Lot 9, Woodland Acres Subdivision, College Station, Texas
Property Owner's Name & Address: William L. and Barbara B. Huskey
10030 Warwana Road; Houston TX 77080
Property Owner's Phone Number: 713 / 467 -1613
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): None
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7. Such public-right-of-way/easement should be abandoned because:
The Right-of-Way and property contiguous to it (Lot 9) is presently undeveloped. A
residence for the Owners of Lot 9 will be erected at that location and the property
maintained as a lawn. Reclassifying a portion of the very wide Right-of-Way to "Easement
Access" will allow the entire area to be maintained in a manner that will enhance the overall
appearance of the neighborhood.
In the event Lincoln Avenue is widened, the land proposed for Easement Access would revert
to Right-of-Way status.
The Owners comprehensive statement, supported by dimensioned illustrations, is presented
as Exhibit No. 6 of this document.
8. Such public right-of-way/easement has been and is being used as follows:
A water supply line.
We 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: l-1
Applicant's Name: William L. Huskey Barbara B. Huskey_
Applicant's Address:-10030 Warwana Road; Houston TX 77080
Applicant's Phone Number: 713 / 467 - 1613
STATE OF TEXAS )
COUNTY OF BRAZOS
HARRIS )
ACKNOWLEDGMENT
Subscribed and sworn to before me, a Notary Public, this ! day
of 19Ql
R.R. VERNOny b
Notary PUbdu State of Texas
My comp •;sion Expires Not,,
MARCH 1 1999
of T
Public in and for the State
clwlhcenter\new house\fenceline.doc 2
Application for Abandonment of
a Public Right-of-Way/Easement
Located: Lot 9, Woodland Acres subdivision.
EXHIBIT NO. I
Attached are two sealed copies of the metes and bounds description (dividing the area
in half) of the public right-of-way/easement situated in The Woodland Acres
Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be
abandoned.
Refer to a comprehensive drawing 0411008031 3A prepared by
Kling Engineering & Surveying
February, 1999
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F-
Application for Abandonment of
a Public Right-of-Way/Easement
Located: Lot 9, Woodland Acres Subdivision
EXHIBIT N0.2
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.
Refer to a comprehensive drawing 0411008031 3A prepared by
Kling Engineering & Surveying
February, 1999
Lot 26 is owned by Stephen J. & Francisca Miller
906 Munson; College Station TX 77840
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Application for Abandonment of
a Public Right-of-Way/Easement
Located: Lot 9, Woodland Acres Subdivision.
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.
LONE STAR GAS COMPANY
BY:
Title
GENERAL TELEPHONE COMPANY
BY:
Title
TCA CABLE COMPANY
BY:
Title
These Utility providers are not parties to the issue.
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Application for Abandonment of
a Public Right-of-Way/Easement
Located Lot 9, Woodland Acres Subdivision.
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
City of College Station
Building Official
City of College Station
Zoning Official
City of College Station
Fire Marshal
City of College Station
Director of Public Utilities
City of College Station
cAwlhcenter\new house\tenceline.doc 6
Application for Abandonment of
a Public Right-of-Way/Easement
Located:
Lot 9 of Woodland Acres
parallel to Lincoln Ave.
EXHIBIT NO. 5
The undersigned, owners of propertv abutting uoon 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 Stephen J. and Francisca Miller
906 Munson
College Station, TX 77840
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
js/dfonus/abandonl - 7 -
11102/94
EXHIBIT No. 6
STATEMENT OF OWNER'S INTENT
William L. and Barbara B. Huskey, owners of Lot 9 in the Woodland Acres subdivision
(Ashburn at Lincoln Streets) purchased the property a few months ago for the purpose of
constructing a home at that location. It will be built for their use. The home design effort is
underway. An issue has arisen with regard to the long term use of the existing Right-Of-Way
between Lot 9 and Lincoln Avenue.
The property and an adjoining lot (26) is located adjacent to a strip of Right-of-Way that is
relatively wide when compared to other Right-of-Way allocations along Lincoln Avenue.
Modifying the existing access designation will permit optimum use of the land in a
development scenario.
A privacy fence, attractive in appearance, will be erected parallel to Lincoln Avenue. Two
locations for the fence are identified and each location will have a unique influence on the
Right-of-Way along Lincoln Avenue. The locations that are considered and the effects of
each are presented in the text that follows:
• Erecting the fence on the Owner's property: A fence at this location will have no effect
on the 35 x 400 foot Right-of-Way. In its present state, generally not maintained, it is
subject to maintenance as a "vacant lot". (This is not the fence location of choice).
• Erecting the fence 15 feet from Lincoln Avenue: (The fence line location preferred).
The effect of erecting the fence at this locationis that the Right-of-Way width will be
reduced to a manageable size. It can then be maintained as a lawn by the Owners of
Lot 9. This width of Right-of-Way generally conforms to that existing along most of
Lincoln Avenue. The remaining 20 feet of existing Right-of-Way nearest Lot 9,
when reclassified to "Easement Access", can be maintained as part of the Owner's
lawn.
The present Right-of-Way at Lots 9 and 26 is relatively wide when compared to other Right-
of-Way along Lincoln Avenue. It is rectangular shape and contiguous to Lincoln Avenue. It
is proposed that a portion of the existing Right-Of-Way be reclassified to EASEMENT
ACCESS until the City undertakes to widen Lincoln avenue. This reclassification will
provide unrestricted access by the City to access an existing water supply line buried beneath
the proposed Easement Access. If the City undertakes to widen Lincoln Avenue and has
need of the land the classification could revert to Right-of-Way access.
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TABLE OF CONTENTS
1.0 INTRODUCTION
2.0 PROPOSAL
3.0 CONDITIONS AND BENEFITS
4.0 DEVELOPMENT GUIDELINES
5.0 SUMMARY
TABLE OF FIGURES
FIGURE 1: PLAN & PROFILE MAP, LINCOLN STREET EXTENTION (PART)
FIGURE 2: EXISTING LAND USE ACCESS
FIGURE 3: PROPOSED LAND USE ACCESS
FIGURE 4: FOOTPRINT OF HOUSE UNDER DESIGN
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PROPOSAL TO RECLASSIFY ACCESS
1.0 INTRODUCTION
The Woodland Acres subdivision was created in 1940. At that time, it is understood that
Lincoln Street was not continuous in the vicinity of Ashburn and Munson Streets. The
present Right-of-Way in that area is not constant in width along Lincoln Avenue. At the lot
of interest, it is very wide. The present Right-Of-Way designation can be beneficially
revised since residential construction is planned for an undeveloped property along Lincoln
Avenue. The property is identified as Lot 9 of the Woodland Acres subdivision in College
Station, Texas. It is located between Ashburn and Munson Streets.
2.0 PROPOSAL
The existing access classification at Lot 9 is Right-Of-Way, being an area rectangular in
shape 35 feet from Lincoln Avenue and extending the length of Lots 9 and 26. In order to
enhance the future and long-term appearance of the property of Lot 9, as a result of pending
construction of a residence thereon, it is proposed that the access to the land contiguous to
Lincoln Avenue be reclassified until it is needed for a widening of the street.
The proposed reclassification is:
• Right-Of-Way, 15 feet from the back of the curb along Lincoln Street toward
Lot 9.
• Easement Access, 20 feet from the proposed Right-of-Way line toward and
contiguous to Lot 9.
Illustrations are provided in the attachment to further clarify the issue. Figure 1 is a map of
the general area of interest that shows existing street locations, boundaries, and water supply
utility service. Figure 2 illustrates the existing right of way with respect to Lincoln and
Ashburn Streets as well as Lot 9.
Figure 3 illustrates the land strip designation reflecting the proposal. At a distance of 15
feet from the back of the curb along Lincoln Street, the remaining right-of-way width will
conform closely to that of the Grand Oaks subdivision to the Northeast and the right-of-way
along Lincoln Avenue in a southwesterly direction. Also, the 15 foot line is well suited to
accommodating a fence as few trees will be encountered.
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3.0 CONDITIONS AND BENEFITS
The following terms and conditions might be applicable to the owner of Lot 9 when the
proposed reclassification is granted:
• The City will have unrestricted access to the access easement.
• No building will be erected in the land strip designated as access easement.
• No foundations, decorations, or landscaping devices made of concrete will be
installed.
• Provisions for maintaining the existing water supply line will prevail. This includes
leak repair, cathodic protection, and tapping arrangements that require earth movement by
machinery.
• Along the proposed fence line, no trees taller than the fence (about 7 feet in height)
will be removed. (A tree, for this purpose, is at least 3 inches in diameter at ground
level). Existing trees along the proposed right-of-way line will be retained. Offsets
incorporated into the fence will allow this preservation. This style of fence has been
implemented in attractive fashion in modern development areas.
4.0 DEVELOPMENT GUIDELINES
It is planned to erect a privacy fence along the edge of Lot 9 parallel to Lincoln Avenue. The
privacy fence that is planned will be of wood, stained with protective sealant and especially
designed to be attractive in appearance. Brick or stone pillars will be strategically located
along the fence strategically to provide strength as well as further enhance the appearance.
When the proposed reclassification proposal is granted, a landscaping program can be
undertaken in the remaining Right-of-Way to further enhance the beauty of the neighborhood.
In the arrangement proposed, the land reclassified as "Easement Access" can be included
inside the area to be fenced and treated as a lawn by the landowners.
The present owners of Lot 9 have been engaged in the design of a residence they plan to
occupy. The design effort has been guided by construction restrictions with regard to
property boundaries as well as the desire to preserve existing trees. All designs considered
the removal of only one cedar tree, which can be regarded as less than elegant in appearance!
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Figure 4 shows the general position of the house planned for Lot 9 relative to the property
boundaries. It also shows the shape of the house. It is strategically planned and organized to
complement the features of Lot 9.
Reclassifying a portion of the existing Right-of-Way to Easement Access will further
enhance the appearance of the neighborhood. The City could be removed from any
maintenance and care-taking provisions on the Easement Access land in this arrangement.
It was learned that Lincoln Avenue is in a class of thoroughfare that requires a wide Right-of-
Way. This width of access designated is understood to be related to needs for land if
widening is undertaken. Should this step be undertaken by the City, the area proposed for the
future Easement Access classification will revert to Right-of-Way designation.
5.0 SUMMARY
The proposal represents a step toward effectively using the Lot 9 and the adjoining area for
the benefit of both the Owners and the City of College Station. It describes the
reclassification of access in a manner that protects the City's right to service utilities and
presents a way to manage the total area to the benefit of the City and residents of Woodland
Acres.
The Proposal provides the City with means to effectively address widening Lincoln Avenue if
that event occurs. The optimum solution is to reclassify a portion of the existing Right-of-
Way as "Easement Access".
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For Figure 4, refer to the drawing prepared by
Kling Engineering & Surveying.
The house location is shown with precision.
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