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HomeMy WebLinkAbout10-00500268- 00075159',A (*Or"" CITY OF COLLEGE STATION Home of Texas A&M University' 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. 0 All exhibits processed (except for Exhibit No. 4, which will be processed by staf). ❑x Title report for property current within ninety (90) days or accompanied by a Nothing Further Certificate current within ninety (90) days. The report must include applicable information such as ownership, liens, encumbrances, etc. For unplatted property, a signed, sealed and dated metes and bounds description and a diagram of the property showing the location of the abandonment. Q 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): Between Lots 5 and 26, Block Indian Lakes Subdivision, Phase as recorded in Volume 8270, age 232 APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name McClure & Browne Engineering/Surveying, Inc. Street Address 1008 Woodcreek Drive, Suite 103 City College Station Phone Number 979-693-3838 Zip Code 77845 Fax Number 979-693-2554 E-mail kevinm@mcclurebrowne.com PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple owners): Name Yuval Doron and Caren Siegelman Street Address: 944 Dove Landing City College Station Phone Number 713-557-0929 E-mail uv@exosent.com Fax Number Zip Code 77845 The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true and correct. IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement of the owner. If there is more than one owner, all owners must sign the application or power of attorney. If the owner is a company, the application must be accompanied by proof of oority for the company's representative to sign the application on its behalf. nature and title Date 10/10 FOR OFFICE S O Y, CASE NO.: DATE SUBMITTED: TIME: (4. ~59 STAFF: -t- State Texas State Texas Page 1 of 8 TO THE MAYOR AND CITY COUNCIL OF THE CITY OF COLLEGE STATION: The undersigned hereby makes application for the abandonment of that portion of the above right-of-way particularly described in Exhibit No. 1, attached. In support of this application, the undersigned represents and warrants the following: 1. The undersigned will hold the City of College Station harmless, and indemnify it against all suits, costs, expenses, and damages that may arise or grow out of such abandonment. 2. Attached, marked Exhibit No. 1, is a sealed metes and bounds description of the area sought to be abandoned, prepared by a Registered Public Surveyor. 3. Attached, marked Exhibit No. 2, is a copy of a plat or detailed sketch of that portion of the public right-of-way/ easement sought to be abandoned and the surrounding area to the nearest streets in all directions, showing the abutting lots and block, and the subdivision in which the above described right-of- way/easement is situated, together with the record owners of such lots. 4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the abandonment. 5. Attached, marked Exhibit No. 4, is the consent of the City of College Station staff to the abandonment. 6. Attached, marked Exhibit No. 5, is the consent of all the abutting property owners, except the following: (if none, so state) Name none E-mail Street Address City State Zip Code Reason consent was not obtained: Abutting land is owned by the same owners on this application If objecting, points of objection: Name Street Address E-mail City Reason consent was not obtained: If objecting, points of objection: State Zip Code Name Street Address City Reason consent was not obtained: If objecting, points of objection: State Zip Code E-mail 10/10 Page 2 of 8 I 7 -hat the abandonment will not result in property that does not have access to public roadways or utilities because: ere are existing public utility easements around the perimeter of both lots. 8. That there is no current public need or use for the easement or right-of-way because: ere are no utilities within the easement. 9. That there is no anticipated future public need or use for the easement or right-of-wav because: here are existing public utility easements around the perimeter o both lots. 10. That all public utilities have access to serve current and future customers because: here are existing public utility easements around the perimeter o both lots. 11. Such public riaht-of-wav/easement has been and is beina used as follows: I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief. i _ ra Signature and title Date STATE OF TEXAS § § ACKNOWLEDGEMENT COLITY OF BRAZOS § CP01 O Subscribed Wd, sworn to before me, a Notary Public, this Al-I day of 2899 by curt 1 -%Con. JkLm"' X - V~atlj~ N diary Public in and for the State of Texas SHERI L. BARNETT Notary Public, State of Texas My Commission Expires June 26, 2012 10/10 Page 3 of 8 t' Application for Abandonment of a Public Right-of-Way/Easement Location: Lots 25 and 26, Block 21 Indian Lakes Subd. Ph. X EXHIBIT NO. 1 Attached is a sealed copy of the metes and bounds description of the public right-of-way/easement situated in Indian Lakes Subdivision. Phase X Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be abandoned. 10/10 Page 4 of 8 FIELD NOTES 0.0738 ACRES Being all that certain tract or parcel of land lying and being situated in the H.G. HUDSON SURVEY, Abstract No. 141, Brazos County, Texas and being part of Lot 25, Block 21, INDIAN LAKES SUBDIVISION, PHASE X as recorded in Volume 8270, Page 232 of the Official Records of Brazos County, Texas (O.R.B.C.), said lot also being the same land conveyed to Yuval Doran & Caren Siegelman recorded in Volume 9837, Page 75 (O.R.B.C.), and being more particularly described by metes and bounds as follows: COMMENCING: at a found 1/2-inch iron rod marking the common most easterly corner of Lots 25 and 26, Block 21 of said INDIAN LAKES SUBDIVISION, PHASE X, said iron rod also being in the west right-of-way line of Tallulah Trail (based on a 70' width); THENCE: S 88° 48' 36" W along the common line of said lots for a distance of 16.58 feet to the POINT OF BEGINNING; THENCE: S 88° 48' 36" W continuing along said common line for a distance of 324.22 feet for corner, from whence a found 1/2-inch iron rod marking the common most westerly corner of said Lots 25 and 26, Block 15, INDIAN LAKES SUBDIVISION, PHASE X bears S 88° 48'36" W at a distance of 10.45 feet for reference; THENCE: through the interior of said Lot 25 for the following three (3) calls: 1) N 15° 41'49" E for a distance of 10.45 feet for corner, 2) N 88° 48' 36" E parallel to and 10-foot north of said common line for a distance of 318.48 feet for corner and 3) S 16° 20' 56" E for a distance of 10.36 feet to the POINT OF BEGINNING and containing 0.0738 acres (3,213.5 sq. ft.) of land, more or less. I, Kevin R. McClure, Registered Professional Land Surveyor No. 5650, State of Texas, do hereby certify that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category 113, Condition III Survey. / Kevin R. McClure./R.P.L.S. #5650 .17 ~~KEVIN R. rJIcCLURE . 5650 9opFSS SUR`1~,~® FIELD NOTES 0.0751 ACRES Being all that certain tract or parcel of land lying and being situated in the H.G. HUDSON SURVEY, Abstract No. 141, Brazos County, Texas and being part of Lot 26, Block 21, INDIAN LAKES SUBDIVISION, PHASE X as recorded in Volume 8270, Page 232 of the Official Records of Brazos County, Texas (O.R.B.C.), said lot also being the same land conveyed to Yuval Doran & Caren Siegelman recorded in Volume 9837, Page 75 (O.R.B.C.), and being more particularly described by metes and bounds as follows: COMMENCING: at a found 1/2-inch iron rod marking the common most easterly corner of Lots 25 and 26, Block 21 of said INDIAN LAKES SUBDIVISION, PHASE X, said iron rod also being in the west right-of-way line of Tallulah Trail (based on a 70' width); THENCE: S 88° 48' 36" W along the common line of said lots for a distance of 16.58 feet to the POINT OF BEGINNING; THENCE: through the interior of said Lot 26 for the following three (3) calls: 1) S 16° 20'56" E for a distance of 10.36 feet for corner, 2) S 88° 48' 36" W parallel to and 10-foot south of said common line for a distance of 329.97 feet for corner and 3) N 15° 41' 49 E for a distance of 10.45 feet for corner in said common line, from whence a found 1/2-inch iron rod marking the common most westerly corner of said Lots 25 and 26, Block 21, INDIAN LAKES SUBDIVISION, PHASE X bears S 88° 48'36" W at a distance of 10.45 feet for reference; THENCE: N 88° 48' 36" E along the beforesaid common line for a distance of 324.22 feet to the POINT OF BEGINNING and containing 0.0751 acres (3,271.0 sq. ft.) of land, more or less I, Kevin R. McClure, Registered Professional Land Surveyor No. 5650, State of Texas, do hereby certify that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category 1B, Condition III Survey. /I Kevin R. McClure, R.P.L.S. #5650 5650 Pv'' Q KEVIN R. 1v1:Cl..~RE Application for Abandonment of a Public Right-of-Way/Easement Location: Lots 25 and 26, Block 21 Indian Lakes Subd. Ph. X 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. 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E. centered along the common lot line of Lots 25 and 26, Block 21 Indian Lakes X (82701232) 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: BRYAN TEXAS UTILITIES By: Title: 10/10 Page 6 of 8 4 NQV-18-10 03:36 AM CoxlCommunications 19792680139 F Application for Abandonment of a Public Right-of-Way/Easement Location: The 20'P. U, E, centered along the common lot line of M The undersigned public utility companies, using or bntitled to use, under the terms and provisions of our rei j; franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be aba in the Application for Abandonment above referred to:, do hereby consent to the abandonment of the described thereof. a~ i F 1 v M; 10/10 ATMOS ENERGY By: Title: VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS By: ~'1 (7ur~ acs' Title: _p BRYAN TEXAS UTILITIES By: Title: P_02 qr, : 44-!%; Application for Abandonment of a Public Right-of-Way/Easement Location: The 20'P. U. E, centered along the common lot line of Lots 25 and 26, Block 21 Indian Lakes X (82701232) 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: BRYA By: Title: 10110 Page 6 or 8 Kevin McClure From: Stephen Cast [wsud.sc@verizon.net] Sent: Friday, November 05, 2010 10:46 AM To: Kevin McClure Subject: Re: Indian Lakes Replat Kevin, Wellborn Special Utility District reviewed the replat of Lots 25 and 26, Block 21 Indian Lakes Subdivision, Phase X and agree to the 20' easement being removed. Stephen Cast General Manager Wellborn Special Utility District Original Message From: Kevin McClure To: Stephen Cast Sent: Tuesday, November 02, 2010 4:21 PM Subject: Indian Lakes Replat Stephen, I am in the process of preparing a Replat for Lots 25 and 26, Block 21 of INDIAN LAKES SUBDIVISION, PHASE X in which we will be removing the property line between these two lots. As a result, the standard 20' wide public utility easement centered on the property line will be removed. Please refer to the attached exhibits for the location of the Replat, the existing plat conditions, and the proposed changes. Can you please review the proposed changes to Lots 25 and 26 and let me know if the removal of this easement is acceptable to Wellborn Special Utility District. In the past you have emailed your acceptance which works out well for me. Let me know if you have any questions. Thanks, Kevin R. McClure, R. P. L. S., V. P. Surveying McClure & Browne Engineering/Surveying Inc. www.mcclurebrowne.com 1008 Woodcreek Drive, Suite 103 College Station, TX 77845 (979) 693-3838 1314 10th Street, Suite 210 Huntsville, TX 77320 (936) 294-9749 CONFIDENTIAL NOTICE: The information contained in this transmission is considered by the sender to be confidential. This material is intended only for use of the recipient named above. If the reader or other recipient of this material is not the intended recipient named above, please notify me and delete this transmission. Thank you. AGREEMENT FOR ELECTRONIC FILES: It is understood and agreed that McClure & Browne Engineering/Surveying, Inc., upon release of these electronic files, is no longer responsible for their use or modification. The user of the attached electronic media accepts full responsibility and liability for any consequences arising out of the use of this electronic data. Application for Abandonment of a Public Right-of-Way/Easement Location: Lots 25 and 26, Block 21 Indian Lakes Subd. Ph. X 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 Zoning Official City of College Station Electric Department City of College Station Building Official City of College Station Fire Marshal City of College Station Water Services Department City of College Station 10/10 Page 7 of 8 i~ Application for Abandonment of a Public Right-of-Way/Easement Location: Lots 25 and 26, Block 21 Indian Lakes Subd. Ph. X EXHIBIT NO. 5 The undersigned, owners of property abutting upon that portion of the public right-of-way/easement named and described in the Application for Abandonment of a Public Right-of-Way/Easement referred to above, do hereby consent to such abandonment. NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: 10/10 Print Form Page 8 of 8