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HomeMy WebLinkAboutMisc.0.17 Acre Abandonment of Public Right-of-way Lincoln Avenue Richard Carter Survey, A-8 College Station, Brazos County, Texas Field notes of a 0.17 acre tract 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 Lincoln Avenue right-of-way adjoining Lot 9, Woodland Acres Subdivision, according to the plat recorded in Volume 104, Page 321, of the Deed Records of Brazos County, Texas, and being more particularly described as follows: BEGINNING at the M iron rod set at the west corner of the beforementioned Lot 9, same being the intersection of the northeast right-of- way line of Ashburn Avenue (50' right-of-way) with the southeast right-of-way line of Lincoln Avenue (80:1:' right-of-way); THENCE N 45° 24' 00" W 18.00 feet to a 1/z" iron rod set; THENCE N 440 36' 00" E 399.55 feet to a %z" iron rod set; THENCE S 460 47' 17" E along the projection of the common line between Lots 9 and 26, for a distance of 18.01 feet to the common corner between Lot 9 and Lot 26, a %s" iron pipe found bears S 151 32' E - 0.5 feet, a crosstie fence corner bears S 86° 54' E - 1.3 feet; THENCE S 440 36' 00" W along the northwest line of Lot 9, for a distance of 399.99 feet to the PLACE OF BEGINNING, containing 0.17 acre of land, more or less. C,-. TF Surveyed Februar 1999 A 9F~f'9 G, S T p BY - S. M. KLING L-- ~0 2003 -4: Q S. M. Kling / R.P.L.S. No. 2003 kes99-01 b:lhuskey.017 KLING ENGINEERING AND SURVEYING BRYAN,TEXAS WILLIAM L. HLISKEY 10030 WARWANA . HOUSTON, TX. 77080 . (713) 467-1613 . wlhuskey@pdq.net November 12, 1998 Mr. Bob Mosely, City Engineer and Mr. Bill Riley, City Water Department City of College Station, Texas P. O. Box 9960 College Station TX 77842 Gentlemen, I am writing as an owner of Lot 9 in the Woodland Acres subdivision (Ashburn at Lincoln Streets). Mrs. Huskey and I purchased the property a few months ago for the purpose of constructing a home there for our use. The home design effort is underway. In the design effort, an issue has arisen with regard to the Right-Of-Way between our property and Lincoln Avenue. The Right-Of-Way that borders a long section of Lincoln Street in the general area of interest is irregular with respect to the location of the street. At our property, it is wider than at other places in the area. This situation creates some design constraints on our part and presents a potentially less than desirable situation to the City when appearance is considered. This document addresses use of the Right-Of-Way and a proposal for your review. The issue involves a strip of land of uniform, rectangular shape contiguous to Lincoln Street. It is recognized that a formal procedure is in place to address these issues. There is no reluctance to taking the next step involving a survey and processing fee; however, we will appreciate having your opinion as to the worthiness of the proposal before we proceed. We have had the pleasure of working with two of your associates over the course of the home design effort. Mr. Carl Warren has presented and clarified several building requirements and Ms. Veronica Morgan has provided insight into the Right-Of-Way situation. Their assistance is greatly appreciated. We will appreciate your attention to this matter as we are entering the final design phase of the house. After becoming familiar with this proposal, you are encouraged to make a visit to the property to assist in clarifying the proposal. Please expect a telephone call after a few days. Sincerely, S W. L. Huskey cc: V. Morgan & C. Warren cAwlhcenteAnew houseVeader file.doc From: Mark Smith To: Amber Kelly, Bill Riley, Bob Mosley, Deborah Gr... Date: 11/18/98 12:31 PM Subject: Re: Right-of-Way Abandonment Request Has anyone shown the ROW abandonment forms and proceedure to Mr. Huskey? It seems to me that the forms and survey that he would need to provide would answer some questions and it would put the issue into a formal review process that would answer the rest of the questions and would bring the issue to resolution. I think we should get the application submitted before we continue with the review. Veronica Morgan 11/18/98 10:13AM i copied this to all so you know someone has responded. bob, ! have copies of the lincoln street extension plans down here on microfilm if you want to look at them. they show the right of way and alignment of lincoln within that right of way (assuming it was constructed according to plan). your comment regarding if anyone else has claim to this property is a legal question, i would suggest your asking legal that question. i am not sure about compensation or driveway entrance locations but those are questions you may wish to ask mr. husky. v Bob Mosley 11/18/98 10:04AM Upon review of this proposal from Mr. Huskey and visiting the site I offer the following observations: - It appears from the plan view submitted by Mr. Huskey that he has measured a back-of-curb width of Lincoln east of Ashburn at 35 feet. Pacing it off at location seemed to reflect at 38 to 40 feet width. His drawing also reflects the same width of Lincoln west of Ashburn and site observations seem to indicate a reduced width for this section. - I am not aware of the overall right-of-way width and do not believe it was mentioned in the proposal. It appears that there is less on the north side of Lincoln than the 35 feet that he is quoting on the south side. - Lincoln is on the Thorofare Plan as a Major Collector which would require at some time in the future a 70 foot right-of-way for a 48 or 54 foot roadway width. - The privacy fence indicated is located parallel to Lincoln and continuous across the property. It encompasses the utility easement. The plan layout of the residence is included and, based upon its orientation, would require driveway access from Lincoln through the fence. There is no indication of whether Mr. Huskey intends to connect the privacy fence to the residencial structure thereby restricting access. - If the City were to abandon this portion of the right-of-way, would any other parties have a claim to the land. I also assume that no compensation would be received by the Ciity for this abandonment. 1 believe that responses to these concern and feedback from other parties would be necessary before a decision to proceed with the abandonment could be made. Natalie Ruiz 11/17/98 10:05AM We have received a proposal to abandon a portion of the Lincoln Avenue right-of-way near the Nunn intersection (Lot 9 in the Woodland Acres Subdivision). The applicant did not submit a complete package including the fee, etc. Instead, he submitted a proposal to be considered by Bill Riley and Bob Mosley first. Since there is an existing water line in the right-of-way, he wanted to know if we would even consider such an abandonment. I have a copy of the proposal; however, I am not going to distribute it until Bob and Bill determine if they would be willing to grant such a request. Thanks! ~ CITY OF COLLEGE STATION POST OFFICE BOX YG80 1101 TEAS AVENUE COLLEGE STATION, TEXAS ]1BlY~Be6~ MEMORANDUM TO: Mark Smith, Director of Public Works Jim Callaway, Director of Development Services FROM: Harvey Cargill, Jr., City Attorney DATE: September 17, 1998 RE: Letter from William L. Huskey Attached is a letter I have received from William L. Huskey regarding right-of-way on Lincoln Street. This looks like either a traffic or a street issue. Would you please look into it and get back with Mr. Huskey? Thanks for your help. HC:jls \ / LEGAL DEPARTMENT \ / LEGAL DEPARTMENT POST OFFICE BOX 9960 1101 TEXAS AVENUE COLLEGE STATION, TEXAS 77842-9960 (409) 7643507 1~1 ]&.3m] Jslo: Igroupllegallharveylmemosl19981huskey.doc From the Desk of BILL HUSKEY Ct V 64, / ~j - WILLIAM L. HLISKLY 10030 WARWANA . HOUSTON, TX. 77080 . (713)467-1613) . wlhuskey@pdq.net September 11, 1998 Mr. Harvey Cargill; City Engineer City of College Station Texas Box 9960 College Station TX 77842 Dear Mr. Cargill, STATION SUBJECT: Abandoned Right-of-Way Lot 9, Woodland Hills Subdivision The purpose of this letter is to define a potential abandoned right-of-way situation and to indicate mine and Mrs. Huskey's desire to address the use o a -portion of the land that is described. The captioned property is located at the corner of Ashburn and Lincoln Road. We recently purchased the property and plan to erect a house. We are in the p anniinng-phase at this time. In measuring the property with the objective of strategically locating a house, it was observed that a very wide right-of-way existed on the Lincoln side of the property we purchased. This situation was observed with curiosity, particularly since a house across Lincoln was very close to the street. Also, visual observation across Ashburn indicated a rather narrow right-of-way along Lot 8. To the Northeast along Lincoln, a relatively newly built subdivision showed a narrow right-of-way as evidenced by a fence only 11 feet behind the curb! Although our measurements were not intended to be precise, it was evident that some irregularity of right- of-way existed along Lincoln. The issue of right-of-way is of great interest to us as we formulate plans for a house and a nice fence along Lincoln Road. We sought guidance from Mr. Carl Warren of the Inspection Division and he recommended that we address the matter with your office. Mr. Warren has been extremely helpful in our planning activity. In our planning cycle, we obtained records of the Woodland Hills subdivision from the Brazos County Clerk. The documents we purchased included a map of the subdivision that clearly confirmed the observation that the right-of-way along Lincoln was irregular over the length of interest. There is a need to address the issue now as a rather unusual situation could arise if we built a fence along the property line. In that scenario, the City will have 31 feet plus the RECEIVED LEGAL DEPARTMENT SEP 14 1998 street offset of undeveloped land between our fence and Lincoln! Among other things, this isolated land will not present a cosmetically nice scene in the neighborhood! The page following the closing of this letter is a map. It has been enlarged and reproduced for ease in presenting the text that follows. Certain parts of the map have been colored as a means of providing reference. In addition, measurements and dimensions mentioned in the text are expressed to the closest foot. For these purposes, that accuracy is adequate to present the issues. As an introduction, please notice that the Lot of interest is outlined in yellow color and both Ashburn Street and Lincoln Road are identified. On a recent trip to College Station, the person residing across Lincoln, Mrs. Putz, came to meet us and provided a most interesting recap of the right-of-way situation in response to our questions. Her account of events provides quick insight into the situation and is presented from our memory as follows: When the Woodland Hills subdivision was formed in 1939-1940, Lincoln Road was not continuous. It existed from Ashburn toward Texas Avenue as well as from University to the South and West for an unknown distance. (Lincoln did not exist around Lot 9 of the newly formed subdivision). When plans were made to make Lincoln continuous between the two existing portions, the road would not be straight in the right-of-way. The solution to the desire to have Lincoln relatively straight, was to obtain land to the North. That happened and Lincoln Road was completed. That is why Mrs. Putz' house is presently located so very near Lincoln and the excessively wide right-of-way exists on our property! The wide right-of-way situation can also be illustrated on the map. Note that the indicated right-of-way along Lincoln at the lot of interest is 50 feet (green colored circle). Across Ashburn, the right-of-way is 25 feet from the center of Lincoln (red circled value). That portion of Lincoln existed when the subdivision was formed, according to Mrs. Putz. The wide right-of-way extends from Ashburn to Munson. The present center of Lincoln is not in the place originally intended! A way to view the wide right-of-way is by an on-the-scene inspection. For a guided tour, proceed to Mrs. Putz' residence at 815 Ashburn (815 in blue color on the identified map). Cross Lincoln (35 feet) and proceed 31 feet from the back of the curb across Lot 9. Those 31 feet of land behind the curb are the City's wide right-of way There is an additional offset between the planned and existing center of Lincoln Road. It is it is much wider than surrounding property right-of-way and reasonable to classify it as "abandoned" or in words of that nature! If the fence we plan is erected on the existing property line, the City will inherit the maintenance of that right-of-way as we are not interested in mowing a right-of-way excessively large. If we can find a way to include a portion of the right-of-way in our property in some fashion, the City maintenance problem vanishes. Also, use of that land as a driveway preserves existing trees. It is reasonable to indicate that including a portion of the right-of- way with our property will contribute to improving the appearance of the neighborhood. It also solves maintenance problems the City can inherit. It is well to mention that our house can be located on the lot as desired without the sensitivity of the right-of-way. This has been discussed with Mr. Warren and ultimately the property will be surveyed and the house properly positioned. Only one tree will need to be removed! We are very please about this as the house has been designed with respect to existing trees. For your information, a copy of the subdivision rules and regulations are furnished as an attachment to this letter. A large scale map is included. If you read the material, it is well to recall that the document was prepared around 60 years ago! The present location of Lincoln Road with respect to the original plan are not the same. Our position with respect to the lot of interest and the right-of-way is straightforward. We are interested in working with you or your representative to achieve the following objectives: • The existing right-of-way along Lincoln Road to be recognized as "abandoned, not-to-be- used, or not envisioned for future use by the City", whatever is appropriate. A portion of the existing right-of-way to be retained by the City. The width of the portion retained might correspond in width to the right-of-way for other property along Lincoln. • Provisions be made to allow us to include the remainder of the right-of-way with our property (Lot 9). This approach to utilizing the land might allow a fence 11 feet behind the curb as is in place in a relatively new residential area to the North and East of the Woodland Hills subdivision. A precedence has been established for fence position along Lincoln Road by the new residential development to the North and East of Lot 9. Since we are moving ahead with developing our plans for a house at a corner of Ashburn at Lincoln Road, it will be helpful to devote attention very soon. It is doubtful that this is the first situation of this nature and a methodology for handling abandoned right-of-way issues may exist. Sale of the abandoned right-of-way may be a rapid solution to this situation. May we have a response of some type, even preliminary, by September 21? Recognizing that face-to-face conversation may contribute to resolving this issue, we will be pleased to visit with you or your representative. Sincerely, W W. L. Huskey Attach. cc. Carl Warren c z z LLli Zi -A w' f ~o 321 that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN under my hand and seal of office, this 28th day of July A. D. 1940. (SEAL) J. H. Caddess, Notary Public, in and for Brazos County, Texas: THE STATE OF NEC' MEXICO ~ COUNTY ON EDDY ( BEFORE ME, Helen E. Minter, a Notary Public, in and for Eddy County, New Mexico, on this day personally appeared Preston Spell and Victoria Braozyk Spell, his wife, both known to me to be the persons whose names are subscribed to the foregoing in- strument, and acknowledged to me that they each executed the same for the purposes and con- sideration therein expressed, and the said Victoria Braozyk Spell, wife of the said Preston Spell having been exanined by me privily and apart from her husband, and having the Same fully explained to her, she, the said Victoria Braozyk Spell, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN under my hand and seal of office, this 18th day of August, A. D, 1940. (SEAL) Helen E. Winter, Notary Public, in My oomaission expires: 6-9-44, and for Eddy Uounty, Now Mexico. The foregoing is a true and correct copy of the original instrument which was filed for record on the 30th day of August A. D. 1940 at 2:10 o'clock n.m. and duly recorded on the 31st day of August A. D. 1940 at 11 o'clock a.m. to which I certify. Lrr Wo y , C.C.C" C- -i' Deputy TN THE STATE OF TEXAS ( COUNTY OF BRAZOS ( KNOW ALL . 2N BY TI'.FSE PRESE1TTS : WHEREAS, the College Hills Company, a Texas Corporation, did on November 20th, 1939, acquire and become the record title holder of 200 acres of land, more or less, located in the Richard Carter League in Brazos County, Texas, being conveyed to said Corporation by deed of Lars. Minnie Donsby, at al, duly recorded in Vol. 1019 page 511, Deed Records of Brazos County, Texas, to which deed and it's record, reference is hero made for a more particular description of said property; and WHEREAS, the said COLLEGE :TILLS COMPANY has, since that time divided said land or a portion thereof, into lots to be sold and have designated streets and alleys in said land; and said a'.leya, streets and passageways are shown and described on a map or plat, a copy of which is attached hereto and made a part hereof. NOYI THEREFORE, IINON ALL L^cN BY THESE PRESENTS, that the COLLEGE HILLS COMPANY, a Corporation, acting herein by and through it's President, J. C. Culpepper, does hereby dedicate and declare that said streets, alleys and passageways as are shown on said map are hereby dedicated to the use of the general public and to be used as streets, alleys and passageways, and said Addition is to be known an WOODLAND ACRES. IN WITNESS YMER301, the COLLEGE HILLS COMPANY has caused these presents to be executed by it's president, J. C. Culpepper, attested by it's Secretary, M. L. Antony, and the impress of its Corporate Seal, at College Station, Texas, this 1st day of May, A. D. 1940. (SEAL) COLLEGE HILLS COMPANY Attest: M. L. Antony Secretary By J. C. Culpepper President 322 ~ - - - s MUN )ON AVENUE 9 0 ~y J V, O 11.1. 1 0 1.50 ISO ISO o . H I~ ~ b 5 Z 2~ 2 5 z z . . o 10 ~ o 0 ISo A5HBUR.N ISO w JI i ~i W W V' 1 I H C ~ .r.... ~..~a. x.Y ~.l.r.rr..~.rt~~- - _ ~.wras..-., ~~."'d... - _ . AVENUE 323 3 Lo ISO IS' 0 i 0 W v z 4 UP of WOODLAND ACRES ! N. E. Douphton, Developer T. A. Munson, Engineer: bo May 1940 Coles Station, Texas 00 loo e e o $c. t in eel 11 -324 3-a 1t THE STATE OF TEXAS I COUNTY OF BRAZOS I BEFORE 13, the undersigned authority, a Notary Publio in and for Brazos County, Texas, oa this day personally appeared 1, C. Culpepper, President of College Hills Company, a Corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he'executed the same for the purposes and consideration therein expressed, as the act and deed of said Corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 1st day of Vay, A. D. 1940. Ben D. Alezander (SEAL) Notary o is an for azos ounty, Texas TIC STATE OF TEXAS COUNTY CF BRAZOS I KNOW ALL Lai BY THESE PRESENTS: That I, bait Dansby, of Brazos County, Texas, being a record lien holder on the above described property hereby take notice and knowledge of this dedication and ratify the act of College Hills Company is making this dedication. Mit Dansby _ M it ans y THE STATE OF TEXAS COUNTY OF BRAZOS I BEFORE 1C, the undersigned authority, a Notary Public is and for Brazos County, Texas, on this day personally appeared Mit Dansby, known to me to be the per- son whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN U:BDER MY HAND AND SEAL OF OFFICE, this lst day of May A. D. 1940. Ben D. Alexander, (SEAL) Notary Public in and for Brazos County, Texas. The foregoing is a true copy of the original instrument which was filed for record on the' 3rd day of September, A. D. 1940, at 9 o'clock a.m. and duly recorded on this the 3rd day of September, A. D. 1940, at 2:30 o'clock p.m. to which I certify. Fr nk YJors , C. C. C. B. C. Deputy b TIC STATE OF TEXAS I COU14TY OF BRAZOS I' KNOW ALL M BY THESE FRESKMS: G ✓ . That, COLLEGE HILLS COVPANY, A Corporation with it's principal office at College Station, Brazos County, Texas, having heretofore dedicated streets, alleys sad passageways, and sub- divided according to a plat or map a portin of the land conveyed to St by Lirs. Minnia Dansby, at al, by deed recorded in Vol. 101 page 611, dated November 20th, A. D. 1939, as of record in the Deed Records of Brazos County, Texas, does hereby impose and place tho follow- ing restrictions upon the subdivision known as Woodland Acres, to-wit; FIRST: All lots in the tract shall be known and described as residential lots. No struo- tures shall be erected, altered, placed or permitted to remain on any residential lot other than one detached single family dwelling and necessary outhouses. No person of any reace other than Caucasian race shall use or ocoupy any building or any lot, except that this oovanaat shall not prevent the occupancy by domestic servants or a different race domiciled with an owner or tenant SECOND: No building shall be erected, placed or altered on any building plot'in this subdivision until the building plans, specifications and plot plan showing the location of such building have been approved in writing by a majority of,a committee composed of N. E. Boughton, Paul I i T I 3. ' bl I 325 oN- 3--*A Durland and 0. C. Hawley, or their authorized representative, for conformity and harmoay of external design with existing structures in the subdivision, and as to location of the building with respect to property and building set back lines. In the case of death or removal from the oomQunity of any member or members of said Committee, the surviving membar or members shall have the authority to approve or disaUrove such design or looa- tion. If the aforesaid Committee or their authorized representative fails to approve or I' disapprove such design or location within ten days after plans and specifications have been submitted to it, or if no suit to enjoin the erection of such building, or the making of such alterations has been commenced prior to the completion thereof, such approval will not be required. Said committee shall act without compensation. Said Committee shall act and serve until May let, 1945, at which time the then record owners of a majority of the lots which are subject to those covenants, may designate in writing duly recorded among the land owners their authorized representative who thereafter shall have all of the powers, subject to the same limitations, as were previously delegated herein to the aforesaid committee. TfIIRD: On all estates fronting on Ashburn Ave. Iiunson Ave. and Francis Ave. no dwelling shall be ereoted unless it contains not less than 1200 square feet of floor space exclusive of uncovered porches, terraces, and outbuildings; It is understood and agreed that covered porches and attached or semi-attached garages shall be considered as a part of the floor space requirements as herein provided, but such attached or semi-attached garages must be attached either by one wall, or more, or with a covered passageway. All improvements of frame construction shall be painted with at least two (2) coats of good house paint, and in case of wood shingles being used the same shall be covered with at least one (1) coat of shingle stain or paint. No structure shall be moved onto any estate in this addltiba unless it conform to and be in harmony with similar structures in the addition and is approved by aforesaid committee. No house shall be constructed in said subdivision the f cost of which shall be less than $2500.00. FOURTF: The dwelling house as distinguished from the outhouses or servants quarters shall face the street upon which the estate faces, except that on the rear one hundred feet of lots Seventeen (17) and Eighteen (16) a single family dwelling conforming to the above restrictions may be built, and on lot IA two two single family dwelling conforming to the above restrictions may be built. Nor shall any part of the dwelling or outhouses be nearer the front of the property nor nearer the side street line than the building line designated on the plat of said addition, un alzed porches excepted. All other structures shall be to the *-t of the :vain dwelling, ax;opt at--ached and semi-attached garages, and no structures shall be nearer than twenty feet to the side line of said lot or estate, except that, the side line restrictions shall not apply to a detatel,ed garage or other outbuilding located 75 feet or more from the front line of said lot. Dwellings on corner lots shall shall have a presentable frontage on all streets which the particular corner lot fronts. Where corner lots are of equal or nearly equal dimensions on two streets, or they are irregular shapped lots, the Commbttee reserves the right to designate the the directions in which said improvements shall face, and such decision will be made with the thought in mind of the best general appearance to that immediate section. Fil"Mi: No garage, trailor, barn or other outbuildings created in this addition shall be occupied by owner, tonnant or anyone prior to the erection of the main dwelling. f,ITMI: Until such time as a sanitary sewer system shall have been constructed to serve the Woodland Acres, a sever disposal system constructed in acoordane with the requirements 0 the State Health Department shall be installed to servo each dwelling. The effluent 326 _ /o~31lRj from septic tanks shall not be permitted to discharge into a stream, storm sewer, open ditch or drain unless it has been. first passed through absorption field approved by the health officer. SSY'1P11: l o 7.4oxlous or offensive trade shall be "serried on upon any lot or estate,. or "shall anything be done thereon which may become an annoyance or nuisance to the nolChber- :f the parties hereto or any of their ::airs or assi3ns shall violate or attempt to :_olute any o: the resetrlcitions or covanantc herein before w_; 1st, 1965, it `;hall be _..^iul fur 9-a lerson or person:: ovmin_ an; tract in said addition to 'prosecute any prc- Cr_,'.;nf•e at or equity u;oinst t:_e ,arson or per"son"s vialatin;; or atteupt i1c to violate X.'; _lc:: oasQ nentz _ad rcotriotions, and either r-re•.cnt hi-:r cr then fro-: Going; so or -to r~oeve: _:_:c o_ cr :;tl.er duo for such violations. These Cevonants aro to run :at% tl:, land and shall be ulndin„ on all the artics 1 - .souz clai::1a• u:,:er tucal until ;y izt, 1965, .it ...acl: ti... cai6 covena::z --::all _utonatloally c_:te:.,le,i fug ouccu..z? vc : icds of t:.n yl.._.. u vs b... a vote of the marJority of the then owners of lots it is agreed to change the said covenants in whole or in part. IIINVE : Invalidation of any one of these covenants by judgment of court or order shall in no vise effect any of the other provisions which shall remain in full force and effect. T3::PIi: An oaocment is rosorvad over the rear five foot of ouch estate or lot for utility installation and maintainence. III ?CITHESS nMFIEOF, the COLL°Cy HILLS COLIPANY, has caused these presents to be exe- cuted by it's president, J. C. Culpepper, attested by it's secretary, L!. L. Antony, and the impress of its corporate seal, at College Station, Texas, this the 1st day of Vay, A. D. 1940. i (SEAL) COLLEGE HILLS COKPANY Attest: B J. C. Cul a oar President 3 Culpepper LS. Z. Antony Secretary :.~i. AALOny i D:E STATE OF TEXAS ) CCUITY i.F BRAZOS ( BEFORE ,s, the undersigned authority, a Notary Public in and for Brazos County, Texas, on this day personallu appeared J. C. Culpepper President of College Fills Company, a Corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said Corporation, for Vie purposes and consideration therein expressed and in the capacity therein stated. CIVMI UNDER 1_`Y HAND AND SZU OF OFFICE, this the 1st day of ufty A. D. 1940. (9E;.L) Ban D. Alexander Notary Public in and for Brazos County, Texas. TIC STATT Or TEXAS ! COMITY OF BRAZOS ffi•IOY! ALL LIEN BY THESE PRESENTS: That I, IAit Dansby, of Bryan, Brazos County, Texas, being the record lien holder on the above described property, hereby take notice and knowledged of the restrictions imposed and placed upon said Woodland Acres, and hereby ratify the act of said College Hills Company in making and imposing said restrictions on said subdivision. alit D~ansby~ fit ans-ll by _ TiC STATE OF TEXAS ! COUNTY OF BRAZOS I BEFORE 12, the undersigned authority, a Notary Public, in and for Brazos County, Texas, on this day personally appeared Uit Dansby, known to me to be the :Natalie Ruiz - Re: Lincoln Ave. ROW abandonment From: Edwin Hand To: Bridgette George, Jane Kee, Jessica Jimmerson, Date: Thu, Mar 11, 1999 3:25 PM Subject: Re: Lincoln Ave. ROW abandonment I looked at it today as well and agree that we can not sign off on it. In light of all of the effort someone put in to this, I called Bob and asked him if he had spoken directly to the people requesting the abandonment. He said he had, that from the onset he told them that we would not be able to support anything that would leave us with less ROW on Lincoln that was called for on our T-fare plan. He said the guy told him that that didn't sound like he was strongly opposed to so he moved forward with the application. If Kling's drawing is right, the request would leave us with about 66 feet of ROW in that area of Lincoln - 70 feet is called for on our T-fare plan thus we can't accept. Sabine McCully 03/11/99 02:45PM well, we looked at it at our staff meeting friday, then conferred with v about it monday, and decided we weren't comfortable with signing off on it. so i guess it will get returned to bob without anyone signing off for planning/zoning. Jessica Jimmerson 03/11/99 10:32AM I think this has already been taken care of but it has not been signed out on the board in plans check. So, please let me know who took care of this and when and I will sign it out for you. thanks, jes ` , _ CITY OF COLLEGE STATION DEVELOPMENT SERVICES DEPARTMENT Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3570 MEMORANDUM TO: Bob Mosley, City Engineer FROM: Natalie Ruiz, Development Coordi to r DATE: March 16, 1999 RE: Lincoln Avenue right-of--way abandonment. Attached is the signed application from Bill Huskey to abandon a portion of Lincoln Avenue on lot 9 of the Woodland Acres subdivision. The only signatures missing are yours and the Zoning Official. The Zoning Official will not be able to support such a request. The City's Thoroughfare Plan calls for a 70' right-of-way for Lincoln Avenue. If the request is granted, we would only be left with approximately 66' of right-of-way. If you have any questions concerning the City's Thoroughfare Plan and the right-of-way requirements, contact Transportation Planner Ed Hard. If you have any questions or need additional information, please contact me at (409) 764-3570 or e-mail me at "nruiz@ci.college-station.tx.us". Thank you. Attachment "Building a Better City in Partnership with You'