Loading...
HomeMy WebLinkAboutROW PermitPage 1 of 2 Veronica Morgan From: Mike. Lavender @cox.com Sent: Wednesday, March 10, 2004 3:04 PM To: v @mitchellandmorgan.com Subject: RE: easement abandonment Veronica, The letter that we received from you dated January 8, 2004, says that your client has agreed to reimburse Cox Communications for relocation of existing cable lines at 401 Texas Ave. That letter will satisfy our needs for an agreement as we requested. Let me know if this does not fulfill the cities needs. Mike Lavender MACC Field System Manager III Cox Communications, Inc. Bryan, TX Office: (979) 595 -2415 Mobile: (979) 412 -3496 Fax: (979) 268 -0139 - - - -- Original Message---- - From: Veronica Morgan [ mailto:v @mitchellandmorgan.com] Sent: Wednesday, March 10, 2004 11:17 AM To: Lavender, Mike (CCI -Bryan) Subject: easement abandonment Mike, Can you please call me re: the easement abandonment for Texas /Cooner? Thanks 260 -6963 Veronica Morgan Mitchell & Morgan, LLP 511 University Drive Suite 204 College Station, Texas 77840 CONFIDENTIALITY NOTE: This e-mail and any files transmitted with it contain privileged and confidential information and are intended solely for the use of the individual or entity to which they are addressed. If you are not the intended recipient or the person responsible for delivering the e- mail to the intended recipient, you are hereby notified that any dissemination or copying of this e- mail or any of its attachment(s) is strictly prohibited. If you have received this e-mail in error, please immediately notify the sending individual or entity by e-mail and permanently delete the original e-mail and attachment(s) from your computer system. DISCLAIMER: This data is authorized "AS IS" without any warranty as to its performance, accuracy, freedom from error, or as to any results generated through its use, including without limitation, any implied warranties of merchantability or fitness for a particular purpose. You assume the entire 3/11/2004 Page 2 of 2 risk as to the results and performance of this data. 3/11/2004 3, 2003 F C C C ui O: C w� H Z A d a: ri J J Z N L K '4 d W V �1 W i C� n 94 h Street Limited Mary Makins PO Box 3241 Bryan, TX 77805 -3241 Betty Stetz 1306 Garden Lane Bryan, TX 77802 -1933 Richard A. Smith 3743 South Texas Avenue Bryan, TX 77802 -3757 RE: Abandonment of Easement at 401 Texas Avenue, Lot 2, Republic Bank of A &M Subdivision To Whom It May Concern: We are seeking abandonment of the 20' utility easement found in the center of the property at 401 Texas Avenue for the construction of a new restaurant. The City of College Station easement abandonment form requires that we obtain signatures from abutting property owners. Because your property is adjacent to ours, we are requesting your signature. From our conversations with DIG -TESS and the surveyor, it appears that only electric, cable TV, and sanitary sewer lines remain in this easement. We have not yet received the metes and bounds description, but the surveyor with Kling Engineering has assured us that no other utilities were found within this particular easement. We will dedicate a blanket easement so that these existing lines may be moved under the drive aisle, and then we will dedicate a new easement over these new alignments. If you have any questions or concerns, please feel free to contact me. Sincerely Rebecca Riggs, EIT Graduate Engineer cc: file Attachment: Exhibit No. 2 S:\Proj\0315- soniccootmr docsWdjamt owners.doc • Complete iterrls 1, 2, and 3. Also corrfplete Item 4 if Restricted Delivery Is desked. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the maiipiece, or on the front If space permits. 1. Article Addraesed to: 6F-rTy s�'rZ 130& 44R 06AJ L-4e a 82 Y At , / tK B. Received by (Prinred Name) D. Is delivery sddrm draw from them If YES, enter delivery address beiow: 3. Sqrvioe Type MegbtsrodMad O Patum Mad 0 Ream Receipt for Merctland 0 Insured Mad 0 C.O.D. 4. Restricted Dedvery? (Extra Fee) 0 Yes 2 ' (rmw w 7002 2410 0001 9624 4992 (rrarufsr lnom service aee4 PS Form 3811, August 2001 Domestic Retum Receipt }awes o2 +a First -Clan: UNITED STATES POSTAL SERVICE p ostage g; USPS Permit No% • Sender: Please print your name, address, and ZIP +4 in this box!. LP 0/ �LLF CAF S - 7k 4d if ili{; fill�ltlrr�il�r1}} 1; � � 1 � 11ir �� ifi }Etf v Gz, C January 8, 2004 .i c rn O U1 U = a • c co r_ c c U) r Cd Ma i. c a 'co rn c • . c m C>_•v - W V =NCn ui a C U; � a C r � � c V � . a _j et N O W. V` C U, ui O ~ %D J J W Oo� .r fA'�NO 4) ^N C at at 0 at U t u Spencer Thompson Development Services City of College Station P.O. Box 9960 College Station, TX 77840 RE: Abandonment of Easement at 401 Texas Avenue, Lot 2, Republic Bank of A &M Subdivision Spencer: We are seeking abandonment of the 20' utility easement found in the center of the property at 401 Texas Avenue for the construction of a new Sonic restaurant. From our conversations with DIG -TESS and the surveyor, it appears that only electric, cable TV, telephone, and sanitary sewer lines remain in this easement. We have received the metes and bounds description, and the surveyor, Kling Engineering, has assured us that no other utilities were found within this particular easement. We will dedicate a blanket easement so that these existing lines may be moved under the drive aisle, and then we will dedicate a new easement over these new alignments. All public utility companies agree to the easement abandonment. Those companies who have existing lines within this easement, Cox and Verizon, plan to move their lines to an alternative location. Please see the attached signatures and letters. We will also coordinate and pay for the relocation of the electrical facilities by the City of College Station Electrical Division, as well as relocate the sanitary sewer line per College Station approved plans. All abutting property owners have been notified of the easement abandonment. Two of the three owners, Richard A. Smith and Jane Street Limited, have signed off on the abandonment. The third owner, Betty Stetz, has been unresponsive. Several attempts have been made to speak with Ms. Stetz. Although phone calls, letters, and visitations have been ignored, Ms. Stetz has been made aware of our plans by certified mail. Please see attached certified mail receipt. If you have any questions or concerns, please feel free to contact me. cc: file Attachments S:\Proj \0315- soniccooner \docs\abandon letter spencer.doc Managing Partner qT 3- tl -v� ss \ 0 0 March 11, 2004 c rn Ln . A C c C U = ac v� 'c H C Cb M c o 'T 'rMW 7P a's C >_ v W VSt Ln ui d C "' 0 a a to C CM 2 t c .0 o � a� J .J V N z sop U GC to W !� ~+ cis .ID In J W ; M d � ^N va^ O� $ v Val C LnU � Bob Mosley COCS - Public Works P.O. Box 9960 College Station, TX 77840 Re: Abandonment of Easement at 401 Texas Avenue, Lot 2, Republic Bank of A &M Subdivision I have attached the items you requested pertaining to your email on March 9, 2004. Please find attached: • A revised application with the owner as the applicant. • We understand that you have taken care of the CSU approval. • A copy of the letter & certified mail receipt sent to Betty Stetz. An email from Cox Communications regarding their approval of the abandonment. We are still waiting for the 2 copies of the revised metes & bounds description from Kling Engineering. As soon as we get the metes& bounds we will bring them to you. If you have any questions please don't hesitate to call. Thank you so much for your efforts in placing this item on the upcoming cancel agenda. Sincerely, b oi - J - 1 1 Dusti M. Regini Administrative Assistant Attachments Cc: COCS- Development Services Greg Lee, Sonic File PROCEDURE FOR ABANDONMENT OF A PUBLIC RIGHT -OF- WAY /EASEM ENT A. An application for the abandonment of a public right -of- way /easement by the City of College Station must be made pursuant to the procedure described below in order to get a request before the City Council. The application should insure that all stipulations and instructions outlined herein have been complied with prior to submission of the final application for action by the City Council of the City of College Station. 1. Application required Attached to this information sheet is an application form for the aban- donment of a public right -of- way /easement. 2. Submission deadline The application must be completed and returned to the Development Services Department. The Development Services Department will circulate the application among the various City departments for review and approval. After all City departments have executed the application, it will be forwarded to the Engineering Department. The Engineering Department will place the application on the next Council agenda. The City Council holds regular sessions on the second and fourth Thursdays of the month at 7:00 p.m. An applicant may attend the meeting, if desired. The item will be presented by the staff. After Council consideration of the request, the applicant will be notified of the action taken by the Council relative to the abandonment request. 3. First page of application a. On the first page of the application, the heading information to be filled in includes the name of the addition or subdivision in which the public right -of- way /easement is located. The exception to this case would be the abandonment of a street, in which case the street name would appear in the heading. The date the application is prepared should be entered in the appropriate space. Item No. 6 on the first page should set out the names and addresses of the abutting property owners who have not consented to the vacation and abandonment which you seek. Abutting property owners are (1) owners of land that abut any portion of the land immediately next to the public right -of- way /easement proposed to be aban- doned, and (2) owners of land within 1,000 feet of either end of the proposed abandonment area. You should also state why their consent was not obtained; that is, if you were unable to locate the abutting property owners or if the abutting property owner refused to give his or her consent, you should so state briefly setting out the points of objection that such owner might have to this aban- donment. Additional sheets may be used if necessary to fully explain. b. Item No. 7 provides space for a brief statement of the reason such right -of- way /easement should be abandoned. Item No. 8 should relate briefly the history of the use of the right -of- way /easement sought to be abandoned. It is very important that the full name and js /c /forms /abandon application rev 2002.doc 3/10/2004 address of the applicant be shown in the space provided. This will insure proper notification to the applicant following action by the Council. The applicant's signature must appear immediately above the typed name and the notary certification must be completed. 4. Exhibit No. 1 Please note that the abandonment of right -of- way /easement may convey, by law, part of the property to the abutting property owner on the other side. You must provide, attached to the application, two sealed metes and bounds descriptions (dividing the area in half) of the area sought to be abandoned. It is required that you have a licensed land surveyor provide this information for you. Please note, an employee of the Engi- neering Department, by law, cannot prepare legal descriptions for you. 5. Exhibit No. 2 You must provide, attached to the application, two copies of a plat or detailed sketch of the right -of- way /easement sought to be abandoned. Again, this item is most easily furnished by a licensed land surveyor. It must clearly show the surrounding areas to the nearest streets in all directions, abutting lots, and the block or blocks in which the area sought to be abandoned is located. It shall also show the names of the record owners of the lots abutting the area sought to be abandoned. 6. Exhibit No. 3 Exhibit No. 3 must be executed by the various utility companies shown. As applicant you are responsible for circulating the application and secur- ing the signatures of the authorized representatives. 7. Exhibit No. 4 Exhibit No. 4 must be executed by the various City of College Station staff. The Development Services Department will be responsible for circulating the application amongst the City departments. 8. Exhibit No. 5 Exhibit No. 5 constitutes the consent of the abutting property owners (other than the applicant) to the vacation and abandonment. The full names, addresses and signatures are required for all who consent to the requested abandonment. The names and addresses of those who cannot be contacted should appear under Item No. 6 on with the appropriate explanation made on Page 1 of the application. B. In the preparation of your application, should you encounter any problems or have questions, the answers to which you are unable to find in this information sheet, please do not hesitate to contact the Development Services Department for assistance. C. By Council Resolution No. 8- 23 -01- 11.06, the fee for an application has been set at $300.00, which is non - refundable. -2- js/c /forms/abandon application rev 2002.doc 3/10/2004 FOR OFFICE USE ONLY P8Z CASE NO.: DATE SUBMITTED: ABANDONMENT OF PUBLIC ROW -OF- WAY /EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS ® $300.00 Abandonment of Public Right -of -Way (ROW) /Easement application fee. ® A completed copy of the attached Abandonment of Public ROW /Easement application. ® All exhibits processed (except for Exhibit No. 4, which will be processed by staff). ADDRESS 401 Texas Avenue LEGAL DESCRIPTION Lot 2 Republic Bank of A&M Subdivision College Station, TX APPLICANT (Primary Contact for the Project): Name Jane Street. Ltd. (Mary Makins, Manager) E -Mail Street Address P.O. Box 3321 City Bryan State TX Zip Code 77805 Phone Number (979) 846 -3955 Fax Number (979) 693 -0909 PROPERTY OWNER'S INFORMATION (if different from above): Name Jane Street, Ltd. E -Mail Street Address P.O. Box 3241 City Bryan State TX Zip Code 77805 Phone Number (979) 846 -3955 Fax Number The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true and correct. _MOA4ftla�� - kAAAAle Signature o wner, Agent or Applicant Date -3- js/c /forms /abandon application rev 2002.doc 3/10/2004 APPLICATION FOR THE ABANDONMENT OF A PUBLIC RIGHT -OF- WAY /EASEMENT Date: January 9, 2004 Location of Right -of- Way /Easement to be Abandoned: 401 Texas Avenue Property Owner's Name & Address Jane Street Ltd. P.O. Box 3241 Bryan, TX 77805 -3241 Property Owner's Phone Number: (979) 846 -3955 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: 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 aban- donment. 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) Mrs. Stetz has been notified by certified mail and we have attempted several phone calls to contact her. To date she has been nonresponsive. -4- js /c /forms /abandon application rev 2002.doc 3/11/2004 7. Such public right -of- way /easement should , be abandoned because: utilities will be rerouted to an adiacent location ana a 8. Such public right -of- way /easement has been and is being used as follows: For electrical and sanitary sewer facilties and telephone and cable tv. 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 1 M"aI441" Applicant's Name: Mary Makins Applicant's Address: P.O. Box 3321 Bryan TX 77805 Applicant's Phone Number: (979) 846 -3955 STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT (Yl bscribed and sworn to before me, a Notary Public, this day of wty , 200q, by 1 Y lQl�t1 I MS �.. ►' �� JENNIFER LYNN B,ARR a + ~' t Notary Public, State of Texas ;� .I. My Commission Expires s,,l f'1f�� e• � March 13, 2006 -5- js/c /forms /abandon application rev 2002.doc 3/11/2004 03/15/2004 16:02 FAX 9792603564 ij ENGINEERS & CONSTRUCTORS 1 �� 511 UNIVERSITY DRIVE E., SUITE 204 `® C tLEGE -STAT1-01N' TEXAS 77840 OFFICE (979) 260-6963 , FAX-f , 979) 260-3564 MITCHELL and MORGAN TTri4FLL A IVI ORGAN. LLP FACSIMILE TRANSMITTAL SHEET - T O : , COMPANY: DATE: v ywlt FAX NUM TOTAL)NO- OF PAGES INCLUDING COVER- ( TER: CA PHONE NUMBER: SENDER'S REFERENCE NUMBER RE: YOUR REFERENCE NUMBER: ❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTES/COMMENTS! s [M 001/002 ©q -1 'J � �a 03/15/2004 16:03 FAX 9792603564 MITCHELL and MORGAN 9002/002 0'3/15/04 15:29 '$979 846 8252 KLING ENGINEERIN Z 002 20' Wide Utility Easement Part of Lot 2 — Repubiictiank Addition Richard Carter Survey, A -8 College Station. Brazos County. Texas Field notes of a 20' wide utility easement, lying and being sltuated in the Richard Carter Survey, Abstract No. S. College Station, Texas, and being port of and lying across Lot 2 00.6368 Ac) of Repubiicbank Addition according to the plot recorded in Volume 980, Page 629, of the Official Records of Brazos County. Texas, and said easement being 20 feet wide and being more particularly described as follows: COMMENCING at the 1/2" iron rod found (with cap) marking the north corner of Lot 2 — Repubiiebank Addition in the southeast right —of —way line of Cooner Street, from which a concrete right —of —way marker found bears S 62730'00" E — 2.70 feet: THENCE S 4749'10" E along the northeast fine of the beforementioned Lot 2 — Repubiiebank Addition for a distance of 84.50 feet to a nail set at the PLACE OF BEGINNING of this easement; THENCE along the northeast line of said Lot 2 as follows: S 47'49'10" E for a distance of 13.50 feet to a 1/2" iron red found at angle point corner, S 4734'06" E for a distance of 4.50 feet to a nail set: THENCE S 40'37'17" W across said Lot 2 for a distance of 155.51 feet to a 60d nail set in the northeast line of a 10' Public Utility Easement described in Vol. 2709, Pg. 144 of the Official Records of Brazos County, Texas; THENCE N 4'7'34'06" W along the northeast ling of the beformentioned 10' Public Utility Easement for a distance of 20.01 feet and corner, from which the 1/2" iron rod found marking the west corner of tot 2 bears N 54'00'08" W — 89.24 feet; THENCE N 40'37'17" E across acid Lat 2 for a distance of 155.44 feet to the PLACE OF BEGINNING, encompassing an area of 0.07 acre, more or less. Surveyed March, 2004 C.�sreR• f- S..M. KLING S. M. Kling C - .4 2003 R.P.L.S. No. 2003 ssf° Prepared 07 \29 \03 y� S�UR`I� kesO3- 03a: \republicbank2O'ezmt.wpd v m Q , b t w f 1 547'49'90 "E - 1 84.5 47'34' " E - 68.15' NAA Ara. .- rtxe,o - top' Raw. Kuna r.NCrnrxx"U M bUHVCT1 BRYAN, TEXAS M 0 a b 4114 East 29th Street Bryan, Texas 77802 (979) 846 -2229 (979) 268 -0139 fax C 07/. COMMUNICATIONS August 26, 2003 Rebecca Riggs Mitchell & Morgan, LLP 511 University Dr. E., Suite 204 College Station, Texas Dear Rebecca; As per our conversation last week, in order for Cox Communications to agree to abandon the public right -of -way /easement located at 401 Texas Avenue Lot 2, Republic Bank of A &M subdivision, we would need an agreement from the owner /developer agreeing to reimburse Cox Communications for the costs incurred to relocate the existing coax cable. Once this agreement has been signed, it is our intent to abandon this easement. If you have any question, feel free to contact me at 979 -595 -2415 or by email at mike.lavender(a),,cox. com Sincerely, /z( Mike Lavender Field Service Manager Cox Communications Application for Abandonment of a Public Easement Located: (d . 401 Texas Avenue Lot 2 Republic Bank of A &M Subdivision EXHIBIT NO.5 The undersigned, owners of property abutting upon that portion of the public easement named and described in the Application for Abandonment of a Public Easement referred to above, do hereby consent to such abandonment. NAME: ADDRESS: � - �5�Cv7� • ZGe L 4 17 g NA AD 0 E: —PM s , �► I NAME: ADDRESS: NAME: ADDRESS: js/c/fonns/abandon application rev 2002.doc _ $ 7/3/2003 Application for Abandonment of a Public Easement Located: n 401 Texas Avenue Lot 2 Republic Bank of A &M 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 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. Engineer City of College Station City Building Official City of College Station Zoning Official City of College Station Director of Public Utilities City of College Station Fire Marshal City of College Station -7- js/c /fonns/abandon application rev 2002.doc 7/3/2003 Application for Abandonment of a Public Easement Located: Ca? 401 Texas Avenue, Lot 2, Republic Bank of A &M 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. ONCOR GAS COMPANY BY: Title VERIZON TELEPHONE COMPANY BY: Title COX COMMUNICATIONS BY: Title -6- js/c /forms/abandon application rev 2002.doc 7/3/2003 Application for Abandonment of a Public Easement Located: (a 401 Texas Avenue, Lot 2, Republic Bank of A &M 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. ONCOR GAS COMPANY BY: Title VERIZON TELEPHONE COMPANY BY: Tit[ - ,r,�BEry1'50 f u�o4 �.4 ,^e�ce%�^/ / COX COMMUNICATIONS BY: Title -6- js/c /fonns/abandon application rev 2002.doc 7/3/2003 Application for Abandonment of a Public Easement Located: (cb- 401 Texas Avenue Lot 2, Republic Bank of A &M 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. ONCOR GAS COMPANY BY: Title VERIZON TELEPHONE COMPANY BY: Title COX COMMUNICATIONS BY: Title -6- js/c/forms/abandon application rev 2002.doc 7/3/2003 Application for Abandonment of a Public Easement Located: (a). 401 Texas Avenue, Lot 2, Republic Bank of A &M Subdivision EXHIBIT NO. 2 Attached are two copies of a plat or detailed sketch of the public 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. -5- js /c /forms /abandon application rev 2002.doc 7/3/2003 Application for Abandonment of a Public Easement Located: (aD- 401 Texas Avenue Lot 2 Republic Bank of A &M Subdivision EXHIBIT NO. 1 Attached are two sealed copies of the metes and bounds description (dividing the area in half) of the public easement situated in the Republic Bank of A &M Subdivision to the City of College Station, Brazos County, Texas, sought to be abandoned. -4- js/c /forms /abandon application rev 2002.doc 7/3/2003 January 8, 2004 O c 1 rn � U 2 c a V = a�c c c c y c =Cd Ch �7c •6c c o C CM C •� C � ra > `a W u =Ccn ui a W C W �� a Ea u� m f ri� Ea C Q A., 2 1 V Z N %. U) O .� . g W 4 Lob C in com = N O V �C Spencer Thompson Development Services City of College Station P.O. Box 9960 College Station, TX 77840 RE: Abandonment of Easement at 401 Texas Avenue, Lot 2, Republic Bank of A&M Subdivision Spencer: We are seeking abandonment of the 20' utility easement found in the center of the property at 401 Texas Avenue for the construction of a new Sonic restaurant. From our conversations with DIG -TESS and the surveyor, it appears that only electric, cable TV, telephone, and sanitary sewer lines remain in this easement. We have received the metes and bounds description, and the surveyor, Kling Engineering, has assured us that no other utilities were found within this particular easement. We will dedicate a blanket easement so that these existing lines may be moved under the drive aisle, and then we will dedicate a new easement over these new alignments. All public utility companies agree to the easement abandonment. Those companies who have existing lines within this easement, Cox and Verizon, plan to move their lines to an alternative location. Please see the attached signatures and letters. We will also coordinate and pay for the relocation of the electrical facilities by the City of College Station Electrical Division, as well as relocate the sanitary sewer line per College Station approved plans. All abutting property owners have been notified of the easement abandonment. Two of the three owners, Richard A. Smith and Jane Street Limited, have signed off on the abandonment. The third owner, Betty Stetz, has been unresponsive. Several attempts have been made to speak with Ms. Stetz. Although phone calls, letters, and visitations have been ignored, Ms. Stetz has been made aware of our plans by certified mail. Please see attached certified mail receipt. If you have any questions or concerns, please feel free to contact me. Y, Veronica J.B.1VMo1 Managing Partner cc: file Attachments S:\Proj \0315- soniccooner \docs\abandon letter spencer.doc FOR OFFICE USE ONLY P&Z CASE NO.: L_ - r "" O DATE SUBMITTED: UI "()L'1 ABANDONMENT OF PUBLIC ROW -OF- WAY /EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS ® $300.00 Abandonment of Public Right -of -Way (ROW) /Easement application fee. ® A completed copy of the attached Abandonment of Public ROW /Easement application. ® All exhibits processed (except for Exhibit No. 4, which will be processed by staff). ADDRESS 401 Texas Avenue LEGAL DESCRIPTION Lot 2, Republic Bank of A &M Subdivision College Station Tx APPLICANT (Primary Contact for the Project): Name Veronica J.B. Morgan P.E. E -Mail v(cD-mitchellandmorgan.com Street Address 511 University Drive East Suite 204 City College Station State Texas Zip Code 77840 Phone Number 979 - 260 -6963 Fax Number 979 - 260 -3564 PROPERTY OWNER'S INFORMATION (if different from above): Name Jane Street, Ltd E -Mail Street Address PO Box 3241 City Bryan State Texas Zip Code 77805 -3241 Phone Number 979 - 846 -3955 Fax Number Th pplicant has prepared this application and certifies that the facts stated herein and ex i ifs attached hereto are true and correct. L o Signature of er, AberW or Applicant Date js /c /forms/abandon application rev 2002.doc 1/9/2004 APPLICATION FOR THE ABANDONMENT OF A PUBLIC RIGHT -OF- WAY /EASEMENT Date: Jul , 3 I 2OC4 Location of Easement to be Abandoned: 401 Texas Avenue Property Owner's Name & Address: .cane street, Ltd PO Box 3241, Bryan TX 77805 -3241 Property Owner's Phone Number: 979 - 846 -3955 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: 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 aban- donment. 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) Betty Stetz -2- js /c /forms /abandon application rev 2002.doc 1/9/2004 7. Such public easement should be abandoned because: The utilities will be rerouted to an adjacent location and a new easement dedicated 8. Such public easement has been and is being used as follows: for electrical and sanitary sewer facilities Q,UCt C I J swear that all of the information contained in this application is true and correct to the best of my knowledge and belief. n Applicant's Signature: Applicant's Name: Veronica J. B. Morgan Applicant's Address: 511 University Drive East, Ste 204 College Station, TX 77840 Applicant's Phone Number: (979) 260 -6963 STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT Subscribed and sworn to bef re me, a Notary j Public, this "I-►�r day of f�.Yl a rU , 200pq, by _ Q,l - bYQ e.� S . FS . IY Lonax 1401 a� JENNIFER LYNN BARR a • `is Notary Public, State of Texas • �e My Commission Expires March 13, 2006 -3- js /e /forms /abandon application rev 2002.doc 1/9/2004 Application for Abandonment of a Public Easement Located: Cc 401 Texas Avenue Lot 2 Republic Bank of A &M Subdivision EXHIBIT NO. 1 Attached are two sealed copies of the metes and bounds description (dividing the area in half) of the public easement situated in the Republic Bank of A &M Subdivision to the City of College Station, Brazos County, Texas, sought to be abandoned. -4- js /c /forms/abandon application rev 2002.doc 7/3/2003 SVX31 'NV lae 0NV V ON Ia 3 3NIJN3 `JNIIN (08 Ol 08 30M ,09) M'O!d oot - snN3Ad SVX31 HIMS _ .£6196 - A.90.K.LPW _ avno-4 ooa 13s 71vN .00 - - -- — --- - — — — — — — — — J — — — — — — — — — — — — — — — — — — — — — - 1v 1v 1 a c.0 0 I � JIJI 'OW 71VN Vvw .Sl *99 -1.90.1 ns o O� �p�ss340 ". Z 609 '9d '096 '10A p N0I114OV )INV991I9f1 a's 32l9V 89£9'0 v 0 101 Z)v S9£9'0 rn Z .Loll i O LA I� ,0s -. L :31vOs aoa .C/A N • O r4 o � �o ;g i II fib .L65 sae NoN o o pdM'}wza,OZIuDgoilgndO.J\: D£0 —£OsaI £0 \6Z \LO Pa.iDdaJd �: £OOZ ° £OOZ 'ON 'S'Td'a ..... 6 u i l m 'YV 's .. 9NIl� 'W'S — .. Application for Abandonment of a Public Easement Located: a� 401 Texas Avenue, Lot 2, Republic Bank of A &M Subdivision EXHIBIT NO. 2 Attached are two copies of a plat or detailed sketch of the public 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. -5- js/c /forms/abandon application rev 2002.doc 7/3/2003 ao . v I p'gg& £ 099C-09Z (600) :KO! C969-09Z (600) 049[[ Xl 'uo!lols o6allo0 z/3N00,� ONb' Sb'X31 lb' 0 /NOS o v u a w R ��' �_ x ^ � €� a n so anu .c !sjan!u 40Z 7! s � 3 0 i. fl l l5 a ° a �•y za � sio suo uo sjaau!6u 6u. nsuo one '' o v 3" Z 'ON 1181HX3 > v v suo�sua a � _ d •�•� u06�oW �8 I1a4� i!W � co 'II E o ° n� �°QO Oa z 0 o � - II c II II II III -- - - - - - - =• -- _= I — — — — — — — ................ - - - - -� I� — — — — — — — — ------- I II 'II I JLJ =j - - r Z O z Z 0] O z Z Ln w w w H F � l l • I ft � � III Application for Abandonment of a Public Easement Located: (a. 401 Texas Avenue, Lot 2, Republic Bank of A &M 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. ONCOR GAS COMPANY BY: T VERIZON TELEPHONE COMPANY BY: Title COX COMMUNICATIONS BY: Title -6- js/c /fonns/abandon application rev 2002.doc 7/3/2003 Application for Abandonment of a Public Easement Located: (aD- 401 Texas Avenue, Lot 2, Republic Bank of A &M 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. ONCOR GAS COMPANY BY: Title VERIZON TELEPHONE COMPANY BY: Title COX COMMUNICATIONS BY: Title -6- js/c/forms/abandon application rev 2002.doc 7/3/2003 Application for Abandonment of a Public Easement Located: (aD- 401 Texas Avenue, Lot 2, Republic Bank of A &M 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. ONCOR GAS COMPANY BY: Title VERIZON TELEPHONE COMPANY BY: (:�21 1; Titl 1v1 so - COX COMMUNICATIONS BY: Title -6- js/c/forms/abandon application rev 2002.doc 7/3/2003 4114 East 29th Street Bryan, Texas 77802 (979) 846 -2229 (979) 268 -0139 fax Cox. COMMUNICATIONS August 26, 2003 Rebecca Riggs Mitchell & Morgan, LLP 511 University Dr. E., Suite 204 College Station, Texas Dear Rebecca; As per our conversation last week, in order for Cox Communications to agree to abandon the public right -of -way /easement located at 401 Texas Avenue Lot 2, Republic Bank of A &M subdivision, we would need an agreement from the owner /developer agreeing to reimburse Cox Communications for the costs incurred to relocate the existing coax cable. Once this agreement has been signed, it is our intent to abandon this easement. If you have any question, feel free to contact me at 979 -595 -2415 or by email at mike. lavender(a),cox. corn Sincerely, Mike Lavender Field Service Manager Cox Communications January 8, 2004 � c C c c Cd c Cd a c gc 'c C .� U �� JU W a W C W • v, m — ._ 2 Q A g j z a o FA s W C � F J z c l Mike Lavender Field Service Manager Cox Communications 4114 East 29 Street Bryan, TX 77802 RE: Abandonment of Easement at 401 Texas Avenue, Lot 2, Republic Bank of A &MSubdivision Dear Mike: We are seeking abandonment of the 20' utility easement found in the center of the property at 401 Texas Avenue for the construction of a new restaurant. Per correspondence in August, Cox requested an agreement that the developer of this property will reimburse Cox Communications for the relocation of the existing coax cable. My client has agreed to pay for this relocation and if Cox has a standard reimbursement agreement we would appreciate you forwarding a copy to Mr. Greg Lee 4700 Elmo Weedon Road Suite 108 College Station, TX 77845. If you have any further questions, please feel free to contact me. Attachment cc: file, Greg Lee S:\Proj\ 0315- soniccoof& docs\coxabandonment.doc Managing Partner Application for Abandonment of a Public Easement Located: (cD- 401 Texas Avenue, Lot 2, Republic Bank of A &M 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 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. Engineer City of College Station City Building Official City of College Station Zoning Official City of College Station Director of Public Utilities City of College Station Fire Marshal City of College Station -7- js/c/forms/abandon application rev 2002.doc 7/3/2003 Application for Abandonment of a Public Easement Located: (a)- 401 Texas Avenue, Lot 2, Republic Bank of A &M Subdivision EXHIBIT NO. 5 The undersigned, owners of property abutting upon that portion of the public easement named and described in the Application for Abandonment of a Public Easement referred to above, do hereby consent to such abandonment. NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: I0I_\LI:I ADDRESS: -8- js/c /forms /abandon application rev 2002.doc 7/3/2003 Application for Abandonment of a Public Easement Located: 01, 401 Texas Avenue, Lot 2. Republic Bank of A &M Subdivision EXHIBIT NO.5 The undersigned, owners of property abutting upon that portion of the public easement named and described in the Application for Abandonment of a Public Easement referred to above, do hereby consent to such abandonment. NAME: ADDRESS: - 77 . - 7� gd Ja , -�(, Lf NAME: ADDRESS: �i(,8��� �Gt.���✓` NAME: ADDRESS: NAME: ADDRESS: -8- js/c/fomWabandon application rev 2002.doc 7/3/2003 N\Lund Projects RP \01l\RIckurd Carter A- B \RepuMk- 9unk- Addltl0n \d \L0t- E \40 IHOS_S- iera2- A""'Wdv8 08/01/2003 124513 PM CDT 20' Wide Utility Easement Part of Lot 2 — Republicbank Addition Richard Carter Survey. A -8 College Station. Brazos County. Texas Field notes of a 20' wide utility easement, lying and being situated in the Richard Carter Survey, Abstract No. 8, College Station, Texas, and being part of and lying across Lot 2 (0.6368 Ac) of Republicbank Addition according to the plat recorded in Volume 980, Page 629, of the Official Records of Brazos County, Texas, and said easement being 20 feet wide and being more particularly described as follows: COMMENCING at the 1/2" iron rod found (with cap) marking the north corner of Lot 2 — Republicbank Addition in the southeast right —of —way line of Cooner Street, from which a concrete right —of —way marker found bears S 62'30'00" E — 2.70 feet; THENCE S 47'49'10" E along the northeast line of the beforementioned Lot 2 — Republicbank Addition for a distance of 84.50 feet to a nail set at the PLACE OF BEGINNING of this easement; THENCE along the northeast line of said Lot 2 as follows: S 47'49' 10" E for a distance of 15.50 feet to a 1/2" iron rod found at angle point corner, S 47'34'06" E for a distance of 4.50 feet to a nail set; THENCE S 40'37'17" W across said Lot 2 for a distance of 165.52 feet to a nail set in the northeast right —of —way line of South Texas Avenue; THENCE N 47'34'06" W along the northeast right —of —way line of Texas Avenue, some being the southwest line of sold Lot 2 for a distance of 20.01 feet and corner, from which the 1/2" iron rod found marking the west corner of Lot 2 bears N 47*34'06" W — 89.00 feet; THENCE N 40'37'17" E across said Lot 2 for a distance of 165,45 feet to the PLACE OF BEGINNING, encompassing an area of 0.08 acre, more or less. Surveyed July 2003 OF I s r e,� F+ ..... ... .... S. M. Kling S.M. KLING . ... ................... R.P.L.S. No. 2003 r'. 0 2003 Prepared 07 \29 \03 9 7 °�' o ?� 0 •�•�.fss,%..• - 1 kes03- 03a: \republicbank20'ezmt.wpd S U RJ moo N om - S47' 49' 10 ' E - 100.00' II ' " I S4 7 - 34 - 06T - 68.15' MACS NAIL MD. 84.50 P.O.B. I SCALE: 1"=30' f r i . >i I E 1 d l E . tV I b d E �? LOT 2 o 1� !� 0.6368 AC. v W LOT 2 n E p I 0.6368 ACRE 1'31 Q 1 M REPUBLIC13ANK ADDITION b f 1 ' VOL. 980, PG, 629 Z 41 2 I 1 ...s „N........ r I E >:j 1 ;:1 f 1 E ------ - -V... fi-------------- NAR. 8 9.00' �+�” <�.� <I NAIL SET I/7 IRAN 1/7 IRON �- - �`.... ROD FOUND R00 ser N47' 34'06 "W - 167.43' SOUTH TEXAS AVENUE - 100' R,O.W. (ao' WDE BC ro eC) KLING ENGINEERING !� cuavcwun BRYAN, TEXAS