Loading...
HomeMy WebLinkAboutROW Abandonment Application aes not nzesJ 1 �D CoLu'\G I . FOR OFFICE USE ONLY (*ff CASE NO.: 1r - � 1 � m u �`' DATE SUBMITTED: U-h CITY 01' CO1. N.GL STATION TIME: J Home ofTexm A6111 University' ` z ,� 1 w - f n O4k STAFF: ABANDONMENT OF PUBLIC RIGHT -OF- WAY /EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: ❑ $700 Abandonment of Public Right -of- Way /Easement Application Fee. © 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. All exhibits processed (except for Exhibit No. 4, which will be processed by staff). © 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. 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): 1.48 Acre Reserve, Block 1 RIVER PLACE SUBDIVISION PHASE ONE and River Place Lake, Block 1 RIVER PLACE SUBDIVISION PHASE TWO APPLICANT /PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name Kevin McClure E -mail kevinm @mcclurebrowne.com Street Address 1008 Woodcreek Drive City College Station State TX Zip Code 77845 Phone Number 979.693.3838 Fax Number 979.693.2554 PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple owners): Name River Place POA E -mail Street Address: 7553 River Ridge Drive City College Station State TX Zip Code 77845 Phone Number 979.690.1229 Fax Number 979.846.8252 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 attomey. If the owner is a company, the application must be accompanied by proof of authority for the company's representative to sign the application on its behalf. Signature and title Date 10/10 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: If objecting, points of objection: Name E -mail Street Address City State Zip Code Reason consent was not obtained: If objecting, points of objection: Name E -mail Street Address City State Zip Code Reason consent was not obtained: If objecting, points of objection: 10/10 Page 2 of 8 • PROPERTY OWNER'S INFORMATION (All owners must be identified. Please attach an additional sheet for multiple owners): Name River Place POA E -mail Street Address 7553 River Ridge Drive City College Station State TX Zip Code 77845 Phone Number 979.690.1229 Fax Number 979.846.8252 ARCHITECT OR ENGINEERS INFORMATION: Name McClure & Browne Engineering /Surveying Inc. E -mail kevinm @mcclurebrowne.com Street Address 1008 Woodcreek Drive City College Station State TX Zip Code 77845 Phone Number 979.693.3838 Fax Number 979.693.2554 Do any deed restrictions or covenants exist for this property? © Yes ❑ No Is there a temporary blanket easement on this property? If so, please provide the Volume and Page No. Total Acreage 25.563 Total No. of Lots 2 R -O -W Acreage none Existing Use River Place Homeowners Association Proposed Use 1 Residential Lot - 1 Lake Lot Number of Lots By Zoning District 1 / Res.Lot 1 / LakeLot / Average Acreage Of Each Residential Lot By Zoning District: 1 / 2.258 / / / Floodplain Acreage 8.3 Is there Special Flood Hazard Area (Zone A or Zone AE on FEMA FIRM panels) on the property? r Yes r No This information is necessary to help staff identify the appropriate standards to review the application and will be used to help determine if the application qualifies for vesting to a previous ordinance. Notwithstanding any assertion made, vesting is limited to that which is provided in Chapter 245 of the Texas Local Government Code or other applicable law. Is this application a continuation of a project that has received prior City platting approval(s) and you are requesting the application be reviewed under previous ordinance as applicable? E Yes r No If yes, provide information regarding the first approved application and any related subsequent applications (provide additional sheets if necessary): Project Name: City Project Number (if known): Date / Timeframe when submitted: 1/11 Page (of 9 • PROPERTY OWNER'S INFORMATION (All owners must be identified. Please attach an additional sheet for multiple owners): Name Billy Chenault E -mail billy @cgmhomes.com Street Address 3204 Longmire City College Station State TX Zip Code 77845 Phone Number 979.220.4424 Fax Number 979.764.6721 ARCHITECT OR ENGINEER'S INFORMATION: Name McClure & Browne Engineering /Surveying Inc. E -mail kevinm @mcclurebrowne.com Street Address 1008 Woodcreek Drive City College Station State TX Zip Code 77845 Phone Number 979.693.3838 Fax Number 979.693.2554 Do any deed restrictions or covenants exist for this property? p Yes ❑ No Is there a temporary blanket easement on this property? If so, please provide the Volume and Page No. Total Acreage 25.563 Total No. of Lots 2 R -O -W Acreage none Existing Use River Place Homeowners Association Proposed Use 1 Residential Lot - 1 Lake Lot Number of Lots By Zoning District 1 / Res.Lot 1 / LakeLot / Average Acreage Of Each Residential Lot By Zoning District: 1 2.258 Floodplain Acreage 8.3 Is there Special Flood Hazard Area (Zone A or Zone AE on FEMA FIRM panels) on the property? r Yes I No This information is necessary to help staff identify the appropriate standards to review the application and will be used to help determine if the application qualifies for vesting to a previous ordinance. Notwithstanding any assertion made, vesting is limited to that which is provided in Chapter 245 of the Texas Local Government Code or other applicable law. Is this application a continuation of a project that has received prior City platting approval(s) and you are requesting the application be reviewed under previous ordinance as applicable? r Yes Ix No If yes, provide information regarding the first approved application and any related subsequent applications (provide additional sheets if necessary): Project Name: City Project Number (if known): Date / Timeframe when submitted: 1/11 Page 2 of 9 7. That the abandonment will not result in property that does not have access to public roadways or utilities because: The easement is being moved /shifted to the south along the new lot line. 8. That there is no current public need or use for the easement or right -of -way because: There are no utilities within the easement. 9. That there is no anticipated future public need or use for the easement or right -of -way because: The easement is being moved /shifted to the south along the new lot line. 10. That all public utilities have access to serve current and future customers because: The easement is being moved /shifted to the south along the new lot line. 11. Such public right -of- way /easement has been and is being used as follows: The easement is not being used. I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief. .�� , 1- R / ve y,>,1 1 7/5/1Z Signature and title Date STATE OF TEXAS § § ACKNOWLEDGEMENT COUTY OF BRAZOS § Subscribed and sworn to before me, a Notary Public, this "/h day of L - 2e69 by / j/"/ ,Z. N4 4. vt?E 4 $ A0 AV N tar X . y Public in and for the State of Texas 15 P "% SHERI LYNN BARNETT :+ • '.; _ Notary Public, State of Texas •A, + . My Commission Expires ;,gi.; June 26, 2016 10/10 Page 3 of 8 Application for Abandonment of a Public Right -of- Way /Easement Location: See Page 1 of 8 for description EXHIBIT NO. 1 Attached is a sealed copy of the metes and bounds description of the public right -of- way /easement situated in Addition /Subdivision to the City of College Station, Brazos County, Texas, sought to be abandoned. 10/10 Page 4 of 8 FIELD NOTES 0.129 ACRES OUT OF THE 1.48 ACRE RESERVE TRACT RIVER PLACE SUBDIVISION, PHASE ONE Being all that certain tract or parcel of land lying and being situated in the JAMES HOPE SURVEY, Abstract No. 22, Brazos County, Texas and being part of a 1.48 acre Reserve Tract, Block One, RIVER PLACE SUBDIVISION, PHASE ONE as recorded in Volume 3916, Page 201 of the Official Records of Brazos County, Texas (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 northwest corner of a 24.06 acre River Place Lake Tract as shown on the final plat of RIVER PLACE SUBDIVISION, PHASE TWO recorded in Volume 4178, Page 311 (O.R.B.C.), said iron rod also marking the northeast corner of the said 1.48 acre Reserve Tract and being an angle point in the south line of Lot 25, Block One of said RIVER PLACE SUBDIVISION, PHASE ONE; THENCE: S 45° 25 '03" W along the common line of the said 1.48 acre Reserve Tract and the 24.06 acre River Place Lake Tract for a distance of 10.00 feet to the POINT OF BEGINNING; THENCE: S 45° 25' 03" W along the before -said common line for a distance of 255.70 feet to a found 1/2- inch iron rod for an angle point; THENCE: S 17° 56' 26" W continuing along said common line for a distance of 307.01 feet for corner, from whence a found 1/2 -inch iron rod marking the most southerly corner of the said 1.48 acre Reserve Tract, the northeast corner of Lot 26, Block One of said RIVER PLACE SUBDIVISION, PHASE ONE, and being an angle point in the west line of the said 24.06 acre River Place Lake Tract bears S 17° 56' 26" W at a distance of 11.27 feet for reference; THENCE: through the interior of the said 1.48 acre Reserve Tract for the following four (4) calls: 1) N 44° 34' 57" W for a distance of 11.27 feet for corner, 2) N 17° 56' 26" E for a distance of 304.25 feet for corner, 3) N 45° 25' 03" E for a distance of 258.14 feet for corner and 4) S 44° 34' 57" E for a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.129 acres of land, more or less I, Kevin R. McClure, Registered Professional Land Surveyor, State of Texas, No. 5650, do hereby certify that the above field notes represent a survey made on the ground of the above described tract or parcel of land. Surveyed in March, 2012. : �o A -. :-.I • , . ... . ....... ... ... >.. I 1 KEVIN R. Mc .. 0 �...o . o� 50 i R FIELD NOTES 0.129 ACRES OUT OF THE 24.06 ACRE RIVER PLACE LAKE TRACT RIVER PLACE SUBDIVISION, PHASE TWO Being all that certain tract or parcel of land lying and being situated in the JAMES HOPE SURVEY, Abstract No. 22, Brazos County, Texas and being part of the 24.06 acre River Place Lake Tract as shown on the final plat of RIVER PLACE SUBDIVISION, PHASE TWO recorded in Volume 4178, Page 311 of the Official Records of Brazos County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows: COMMENCING: at found 1/2 -inch iron rod marking the northwest corner of the said 24.06 acre River Place Lake Tract, the east corner of a 1.48 acre Reserve Tract as shown on the final plat of RIVER PLACE SUBDIVISION, PHASE ONE recorded in Volume 3916, Page 201 (O.R.B.C.) and being an angle point in the south line of Lot 25, Block One of said RIVER PLACE SUBDIVISION, PHASE ONE; THENCE: S 45° 25' 03" W along the common line of the said 1.48 acre Reserve Tract and the 24.06 acre River Place Lake Tract for a distance of 10.00 feet to the POINT OF BEGINNING; THENCE: through the interior of the said 24.06 acre River Place Lake Tract for the following six (6) calls: 1) S 44° 34' 57" E for a distance of 2.81 feet for corner, 2) S 75° 59' 16" E for a distance of 8.42 feet for corner, 3) S 45° 25' 03" W for a distance of 257.64 feet for corner, 4) S 17° 56' 26" W for a distance of 302.46 feet for corner, 5) S 37° 59' 42" W for a distance of 6.53 feet for corner and 6) N 44° 34' 57" W for a distance of 8.75 feet for corner in the before - mentioned common line, from whence a found 1/2 -inch iron rod marking the most southerly corner of the said 1.48 acre Reserve Tract, the east corner of Lot 26, Block One of said RIVER PLACE SUBDIVISION, PHASE ONE, and being an angle point in the west line of the said 24.06 acre River Place Lake Tract bears S 17° 56' 26" W at a distance of 11.27 feet for reference; THENCE: N 17° 56' 26" E along the common line of the said 1.48 acre Reserve Tract and the 24.06 acre River Place Lake Tract for a distance of 307.01 feet to a found 1/2 -inch iron rod for an angle point; THENCE: N 45° 25' 03" E continuing along said common line for a distance of 255.70 feet to the POINT OF BEGINNING and containing 0.129 acres of land, more or less. I, Kevin R. McClure, Registered Professional Land Surveyor, State of Texas, No. 5650, do hereby certify that the above field notes represent a survey made on the ground of the above described tract or parcel of land. _ . .� O F .r � � P ' r ''GISTE R ...4, - Surveyed in March, 2012. g Q� Fo ::� , ' KEVIN R. McCL 4 • ''''' .. ,/ a , o 5650 P , Application for Abandonment of a Public Right -of- Way /Easement Location: See Page 1 of 8 for description EXHIBIT NO. 2 Attached is a copy of a plat or detailed sketch of the public right -of- way /easement sought to be abandoned in the above - mentioned application, showing the surrounding area to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the public right -of- way /easement sought to be vacated is situated, and the addition or subdivision in which the portion of the public right -of- way /easement sought to be abandoned is situated. Also, the names of record owners of the abutting lots are shown. 10/10 Page 5 of 8 Application for Abandonment of a Public Right -of -Way /Easement Location: 1.48 Acre Reserve, Block 1 RIVER PLACE SUBDIVISION PHASE ONE and River Place Lake, Block 1 RIVER PLACE SUBDIVISION PHASE TWO 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: Ti - . J+ ,— gwse..- - VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: 10!10 Page 6 of 8 Application for Abandonment of 2 Public Right -of- Way /Easement Location: 1.48 Acre Reserve, Block 1 RIVER PLACE SUBDIVISION PHASE ONE and River Place Lake, Block 1 RIVER PLACE SUBDIVISION PHASE TWO 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 II g Y i AO Title i snr/ rWa.'i API . E 191 • • SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: Page 6 of 8 10/10 JUk4 -20 -12 04:22 PM CoxlCommunications 19792620139 P.02 'i`' . r, '..1 .. i'. ;, • 7. '.': 1 , . i■ ..1 .,, 1 ' ; ?Ii..,,T t% . ' , ' •'.: '' 'l ,:, , ', 1'...i ', • . 1 1 . . ' '' ' • ::',;,' :' . , , i.',':.,,, '{''1 ; '.. '4plication for Abandonment of ,, ,,m ,,,,:::: •: • • .' l•f!',::. ,lt,'.'tl. l; h it:,;.•:' J 't• 0 Public Right-of-Way/Easement . ; ; ' )',1,„ 'ic , . :,; -•:)' ,•':. :•'::.• - . . ,, 1 ':', - •,',,,,;:f1 .1-Ocatlon: 1.48 Acre Reserve, Blo 1 RIVER PLACE SUBDIVISION PHASE ONE and River Place Lake, Bloc : . •l; '`‘ ,,•1 ' RIVER PLACE SUBDIV SION PHASE TVV . :. • '''.• -1 i, 1., 4 i, ?l• t .., :' '',(•.k' l ,-,i l,l lP I l;'1, i•;'' l , • ' Ill) l'' 1 II it,l•-!;; 'I•'. ;'-'•#,,,:•.,.',•!! :,1 EXHI Bit NO. 3 , .1i."-t,i . 'l i:', , ,,,,:•,,: 11. •:?,,, • .t 1:, :,:", p#1 ? „.,,:„:•.., „,, ::::,, The undersigned public utility cortpanies. using or entitled to use under the terms and provisions of our res. '' 1 1 ':;.: , i 1. 1 ■i■ r . tilinchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be Oben , ..,,,•:1, f111 :,I, ' l'; in'the AppllCatlon for Abandonment above referred to, do hereby consent to the abandonment of the described • .' l",,i::•-'-iii,'1 i! ..;••, ,_ _ , 't• 'ilt:c..J; •:v ,.i 1::, i '1,, L.,, " inensof. l •-„:',„ ':•', ll.F.." . 1 '; 1 1 ,!;' ...;.. ATMO ENERGY . i •ti,:!:,,,:•11 '' "S . ,, i , ':::! , 1'.....7 - ': • . . 1 43; t ...:,. l 'ir6i 1 ', ' il :,".. .•• • • t i ',.:...`; '':.. '. : • . : li':i ?, i By ;.' 1 ' •: 1,,:i. :g ..; •• ..i. Title . ,i'Ll'';'r:::: • : • • ' " •• I , ' ■ ;', i ', , ' ' ..:,, j • : : 1 " ' • '', .. :' '.! ,'1 1 VERIZ:)N TELEPHONE COMPANY • ,:...; 1 ::- ''', i:". fIH'• '1 l ',, •,l t,', "••'.: . , . . . : ,..-!1, '''':' ,• - :- • • . By: . . : .. 1.::,.•",il,i'j„Li i'l-} ;:i',•:, •,.1, : : . ' r • II' i' ',)' ' Title: : ' I .' ::,:•1' 1 :1',2 r? .„ ::•:' :: .-..,' • . . • . • : . .:,,r .,„, i .:, , .,•,i1 , -,., .,, , .• 1 ,.. l' ail ,,, ' ..,. k : SUDDNLINK COMMUNICATIONS : ,i,i,•.;:e il 'I': ',',,:,." ..,:' • : l,f; ll': ' 1 f,i,:,,,:: '..:: :..:•• . • I ' • 1 :;':', "::: •:l • 1 :;;,.: :,,,,-.:1 : ,. , , • • : „:1- : ? 8 . . 1,0,.,,,•:., .:,, : '; "l' ll '' . ;:i'',•'i I': • ; t i '',,'"•;,1.t.. :::: : : Title: etr A-vi. ? dB-, 411r-• r .. " ',,. 1.. .•.:)..;,t',:1 ..; - t.;,..:1...;. :'!. .: • • . g,, W ■.! 4'; ','. . i 1 1 1 11 i' 1 L . ,,:.:■! . .' . ' 1 . : 2 1 ,.' ..: '. ';',.' . • . "1 1 ::.: L1: . L 4o0 '' . . BRYAN TEXAS UTILITIES l ji. ::,.• , 1 ' ,;;r: ' il I: : I I.: H . , • ' i'.: '' ''' 1 IS' ' ,' ' Y'.. ! • ii . '). P ' I • ' i V! LI' ; el !, , ' .:::,..'e• • . : ';:!'• '. e..v;i ' . By Title: . :';' •1' ';''1, !?, : • .• , • , , ,.;"::,.••:, : .: . • !•••: •lit: I -1: ''? • • if,;'•i •:,::•,...• . ,..• • • l• lt4t:`, :•. 1 i‘ 1/4 •:::: r :: • ' . : ; .•,' ' ' , • r i: } • . . ■ ' ; C . T.:. 'i' . f , ' .. ' : 1.:; ! • 1 . fi :. II; E ,..., ''' ! • . i ' ', '' '' 'f i. ,...'.. t • i . . . • ' 1' ' i, I„, ' ,i.; t •. • ',.'! ' . . • • ?+■ ... ,..; ' . : / . • . • . r ' '' ' '' ' '' :. ' • , ' '',', ,',. ..!•:,,. , . • ■ . . }. - . . . ' .•': • , : 10/10 ' Pfg - • :1. ;:';,! :, '•, i . " 1 • • : I' i.;...,..• '....: :. . . • +' .1,:!.: ! 1 Application for Abandonment of a Public Right -of -Way /Easement Location: 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: ---Y 1)4LIAr l A d A, Title: • • i 10/10 Page 6 of 8 Re: Easement Abandonment - Yahoo! Mail http: / /us.mc1603. mail. yahoo. com /mc /showMessage ?sMid =10 &filter... ' flOO? MAIL Classic Re: Easement Abandonment Friday, June 29, 2012 9:52 AM From: "Stephen Cast" <wsud.sc @verizon.net> To: "Mack Holley" <mackholley @yahoo.com> Mack, Wellborn Special Utility District has no objection to release the easement on the replat of Block 1 Phase 1. Stephen Cast Wellborn Special Utility District Original Message From: Mack Holley To: wsud.sc @verizon.net Sent: Friday, June 29, 2012 6:22 AM Subject: Fwd: Easement Abandonment Stephen Cast, Have you had time to look at this yet? Thanks, Mack Holley - -- On Fri, 6/29/12, Mack Holley <mackh@mcclurebrowne.com> wrote: From: Mack Holley <mackh @mcclurebrowne.com> Subject: Fwd: Easement Abandonment To: mackholley(iyahoo.com Date: Friday, June 29, 2012, 6:10 AM Original Message Subject: Easement Abandonment Date: Fri, 22 Jun 2012 09:05:38 -0500 From: Mack Holley <mackh @mcclurebrowne.com> To: wsud.sc @verizon.net Stephen Cast, I am in the process of preparing a Replat for Reserve, Block 1 of RIVER PLACE SUBDIVISION PHASE ONE and River Place Lake, block 1 of RIVER PLACE SUBDIVISION PHASE TWO in which we will be moving 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 1 of 2 7/5/2012 10:57 AM • Application for Abandonment of a Public Right -of- Way /Easement Location: See Page 1 of 8 for description 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 Building Official City of College Station City of College Station Zoning Official Fire Marshal City of College Station City of College Station Electric Department Water Services Department City of College Station City of College Station Public Works Director City of College Station 10/10 Page7of8 • Application for Abandonment of a Public Right -of -Way /Easement Location: See Page 1 of 8 for description 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 00830789 OR 562 219 Vol 9 RIGHT -OF -WAY AGREEMENT THE STATE OF TEXAS § COUNTY OF BRAZOS § For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, the receipt and sufficiency of which is hereby acknowledged, the undersigned (hereinafter called Grantor, whether one or more) does hereby GRANT, BARGAIN, SELL and CONVEY to DEVON GAS SERVICES, L.P., its successors and assigns (hereinafter called Grantee), a right -of -way and easement along a route shown on Exhibit A, attached hereto and incorporated by reference, to construct, maintain, operate, repair, alter, replace, change the size of and remove one (1) and only one eight -inch diameter pipeline for the transportation of only natural gas and naturally occurring associated hydrocarbons, under and upon the lands of Grantor in the County of Brazos, State of Texas, to -wit: Across a 190 acre tract of land out of the James Hope Survey, A -22, more fully described in a deed recorded in Volume 5, Page 279 and Volume 360, Page 685 of the Deed Records of Brazos County, Texas. It is expressly provided that the right -of -way and easement conveyed by this instrument shall not encumber Lot 27, Block 1, River Place #1 and Lot 10, Block 1, River Place #2, unless the owners of said lots shall consent in writing to this easement, and a proper written instrument shall be recorded in the Official Records of Brazos County, Texas. The Grantor represents that the above described land is not rented. The Grantee shall have all of the rights and benefits necessary or convenient for the full enjoyment or use of the rights herein granted, including, but without limiting the same to the free right of ingress to and egress over and across said lands to and from said right -of -way easement only, and the right from time to time to cut all trees, undergrowth and other obstructions located within the easement, that may injure, endanger or interfere with the use of said pipeline. The Grantee shall have the right to assign this grant in whole or in part. Grantor hereby expressly agrees that in the event the route of the pipeline to be constructed hereunder should cross any roads, railroads, creeks, rivers or other waterways located on the above described land or other places requiring extra working space, then Grantee shall have the right and temporary access to additional working space which may be necessary for construction and Grantee agrees to pay Grantor any and all damages which Grantor suffers by reason, of Grantee's use of said additional working space. Right -of -Way Agreement Page 1 Exhibit Mitchell Gas Services, L.P. 30' Wide Pipeline Easement �e Across an River Place Subdivision, Phase One - Vol. 3961, Pg. 202 River Place Subdivision, Phase Two - Vol. 4178, Pg. 311 m River Place Subdivision, Phase Three - Vol. 4321, Pg. 174 `a James Hope Survey, A -22 cm* Brazos County, Texas Field notes of the centerline of a 30' wide pipeline easement Tying and being 20 situated in the James Hope Survey, Abstract No. 22, Brazos County, Texas, and lying across the following three subdivisions: • River Place Subdivision, Phase One - Volume 3961, Page 202, of the Official Records of Brazos County, Texas; *River Place Subdivision, Phase Two -Volume 4178, Page 311, of the Official Records of Brazos County, Texas; •River Place Subdivision, Phase Three - Volume 4321, Page 174, of the Official Records of Brazos County, Texas, and being more particularly described as follows: BEGINNING at a 60d nail set in the common line between Lot 44 (5.24 acres) Block 1, River Place, Phase One and the 1530.6 acre tract described in the deed to Chance Farms recorded in Volume 279, Page 208, of the Deed Records of Brazos County, Texas, a' /" iron rod found marking the north corner of Lot 44 bears N 45°25' 03" E - 152.99 feet; THENCE along the pipeline as staked on the ground and as marked on the ground as follows: S 63° 14' 36" E at a distance of 36.61 feet pass the west right -of- way line of River Ridge Drive, continue on for a total distance of 82.14 feet , S 86° 38' 59" E at a distance of 30.99 feet pass the east right -of- way line of River Ridge Drive, continue on for a total distance of 50.80 feet to a 60d nail set, this point in the beginning of a re -route which was constructed in February 2002; Continue along the re -route portion of the pipeline as follows: S 12° 30' 49" E for a distance of 56.03 feet to a 60d nail set N 85° 03' 06" E for a distance of 284.94 feet to a 60d nail set in the southeast line of Lot 27 (2.59 acres) Block 1, River Place, Phase One, a ' /z" iron rod found marking the east corner of Lot 27 bears N 37°23' 28" E - 164.14 feet, S 86° 30' 44" E across River Place Lake (24.06 acres) at a distance of 416.49 feet pass the west line of Lot 20 (3.12 acres) Block 1, River Place, Phase Three, from which a'/" iron rod found marking the northwest corner of Lot 20 bears N 01° 38' 10" W - 177.52 feet, continue on for a total distance of 594.37 feet to a 60d nail set at the end of the re- route; Continue along the original pipeline as laid under the terms of easement granted to Ferguson Burleson County Gas Gathering System and recorded in Volume 2206, Page 147, of the Official Records of Brazos County, Texas, as follows: KLING ENGINEERING AND SURVEYIN0 SATAN. TEXAS e, Mitchell Gas Services, L.P. 30' Wide Pipeline Easement Across River Place Subdivision, Phase One, etc. James Hope Survey, A -22 Brazos County, Texas BC • Continued - Page 2 con S 85° 24' 07" E for a distance of 154.16 feet to a 60d nail set, a) S 88° 26' 43" E for a distance of 67.99 feet to a 60d nail set, Li) S 85° 53' 59" E for a distance of 185.51 feet to a 60d nail set, c ix S 60°31' 07" E at a distance of 14.54 feet pass the west right -of- way line of River Place Court, from which a' /i' iron cii rod found marking the northeast corner of Lot 20, roo Block 1, River Place, Phase Three bears N 02° 14' 49" E -22.73 feet, continue on at a distance of 93.27 feet, pass the east right -of -way line of River u tu Place Court, continue on for a total distance of 468.76 feet to a 60d nail set, S 59° 23' 44" E for a distance of 215.69 feet to a 60d nail set, S61°55' 15" E fora distance of 164.48 feet pass the common lot line between Lot 10 (3.35 acres) and Lot 11 (4.33 acres), Block 1, River Place, Phase Two, continue on for a total distance of 331.60 feet, S 84° 50' 01" E for a distance of 18.30 feet to a 60d nail set, N 75° 53' 00" E for a distance of 121.10 feet to a 60d nail set, N 45° 30' 46" E for a distance of 73.40 feet to a 60d nail set In the common line between Lot 11, Block 1, River • Place, Phase Two and the 51.80 acre Second Tract described in the deed to Mary Creed Worsham, recorded in Volume 332, Page 516, of the Deed Records of Brazos County, Texas, same being the centerline of a creek, for the end of this easement, a'/" iron rod found marking an east corner of Lot 11, Block 1, River Place, Phase Two, bears S 14° 30' 56" E - 25.44 feet. p pF`�'� Surveyed February 2002 c0/4 NIM•hN•Nw\rw• , s. M. KUNG c 2o03 "P �' S. M. Kling _t:t,Q.,o,N « «5: o'r R. P. L. S. No. 2003 • SUFi`l • Prepared 04/04/03 • kes03 -02cMNerplacemttchefl30'pI.wpd Jx 5,11..e a Co 1 FIN F. co CD itfi :. 2 KLING ENGINEERING AND SURVEYING 6FYAN, T M* Jun 26 2012 7:45PM HP LRSERJET FAX p.2 40f" FOR OFFICE USE ONLY CABS NO,; DATE SUBMITTED: CITY 01 C014 Riati Si rIo i TIME /foxy V7Mr tdN U.M,siir STAFF ABANDONMENT OF PUBLIC RIGHT -OF- WAY /EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: ❑ $700 Abandonment of Public Right-of- Way /Eaoement Appticatlon Fee. ® 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 le provided. IS] All exhibits processed (except for Exhibit No. 4, which will be processed by staff). x[�` Title report for property ourrent 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, Ilene, encumbrances, etc. ❑ For unplatted property, a signed, sealed and dated motes and bounds description and a diagram of the property showing the location of the abandonment. ® 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 - • - daao • Lion : r e _ser v , - r - -w - ' i : . r - .' - • • 1 en. - -r ace a `(? -J' - -I N Sl18DIV!SION PHASE TWO APPLICANT /PROJECT MANAGER'S INFORMATION (Primary contact for the project): Neme Kevin McClure Email kevin1m mcclurebrowne,00m Street Address 1008 IMtiodcrerek Drive City College.Steflon State TX Zip Code 77645 Phone Number 0 Fax Number 979.693.2554 PROPERTY OWNER'S INFORMATION (ALL, owners must be Identified. Please attach an additional sheet for multiple owners): Name Billy Cheneult E- ,II b91y 41)gpmhomee,com Street Address: 3204 Longmiro City College Station Std 7X Zip Code 77848 Phone Number 979.220.4424 Fax Number 979.764.0721 The applicant has prepared this application and cerfKles that the facts stated herein and exhibits attached hereto are flue and correct IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this applioet/on must be accompanied by 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 e000mpan/ed by proof , uthortty for ' .company's representative to sign the application on its behalf. 4I/ CojZ61I7-- - gnature d WI* Date 10010 Pegs 1 of C r I --- 4 40410 4 190S C) k 1 ---- i __ i ii t � "IA ' `' ` '-ii ^ K ` p -r Slim' � �' � i , �:i� \ � � i J m " " z " s a T . s� o (/) ) k V W M $ ^3 ° ; * **A , , )7. I•cl -4 c':=1 `K • __ 1 I�i. `� � , r'� ' °�II ? + r C iii �1 �I O '- • a , c o ,.,,.,,. Ay44 Iril", t Ali 4 V ' 4 .0 ...-_,,,,, .....,,,,..,,,,,,„ ,,,,,,,,, , .,,,00 , , a d'.., � in� 1 - - — P4 Q o g m ° o JS Em NiAillii_ g � - - �I�- -- - o O ��ii P' ` o E i o "e uia 4 } gym , // a8aaW 38' i / x, s a,i ��V s / / / 20' P.U.E /i� y � o _ $0 a 3a y /3' ah� !,„,i- II 6R R ° Q 1Y /N,.°a / // ' / k / — ti / I Iw a eF 'X // I I. = I $1 / r II p B V a o e° �� II 2 � P �E. A- r /' /� �\ �\ 1 1 ° 3« kel. ` 1 F �oP� /{ a \ �\\ I I 1 1 1 1 28„ � , : }3i ? _' /' v 02 \ °� 1 1 1 1 V . - 2 P.U .E "', -- //// . • so cy \ \ \ — — — __ -- -- / / } 1 11 _12- �: r ] 4110 Q / 2 € 3 ° 1 1 1 1 CO\ V a OS m L " 1 ? \ 1 20 P.U.E. — — — J O 7p — \11a. 1 1 = =_� �Q r m l \ 2 % 1 1 .,∎ 11 - o UW h g � � � 0 i \ 1 e;1 t 1 1 \ • ..- \ \ \ m ° ��+ W � 4. W E LI 4.1 j\ 1 . °° 1 11\ 0.,,e/S iE _ g4SR°' __�. O � ��0 ��, ° 1 . 1 1 C1 a d . O Q co 1 • . 1 1\ ;2 h W Q • nSya ° ° 9€�� N 11.5 t ■ C _ // 1\ 1\ , °° 0. N ?''' \ \ \ \\ m ' / R a e 1 1 \ •• - _ \ \ ° 2 0 e "E. - _ __-_-_- -•=- ■ • QGN ° '''\ \ J ,� /� \\ ,, - \\ 31 1v / \ \ . . d \ \ \ ,:' / Q , / / \\ \ ' , -0, \\ `: \/' / g e Ja /;/ es \ 0r . // / 4 J �' i /// . \ \ \ \ � \ /y / / 9 33 1 // \\O` / ' /,'/ / �� i. N / ../ / e / r \ ,§4,0':, .l // N \ /• /. /. // 'Y 0 / m ° /( , m ' 4 • a ria [: • I 014' 4411,14&411110:0Ap e z• �� " a' / ;J,, * y si` p r 'vs 'it. O e * 74, 1,. t �j � . ", 1. ; ; ; ;; i Q 1. ; O ! ;: N f Nm Nc m 'f � D •f 1 0,, . ..Z'g i bY i IS m O " � � � `l � � � �� L i °M1 e 'u � 2` '$o d m N N n n = 1 V' k�� v �� �g '; ° \ '• �'..� It � iii : : : W �� c =s Q ( j N" 51''8,1g, (_` v o o �a� J J �� �S= O � 4N k 411001rIlt b, -- tip vity WQ N W ' �Z � 0 �L; Ee a x l e « .7 „A , y Eo e or, ,L. ,,,,,,„_______-_._-_____-_-=,-; - Cd ;a$a i i IRV k i3 - ' ,1 1 fo DoE^°' /i £=g ° -°• i / - € 33 ‘,,,,o,„ gai 9i o __,./ ' a i i I $ i� ms s° d 1 // 1 - - - - -1 ° � _- _- --- - - - - -- �--- o g ° 31° _ �y( / I I i t � 20' PALE. E g $ 7 5 - &c ' ° f o $c 3o • .% / o I I (.,,ern, ;Avg m ie8 ` " /a �� 4 � 1 1 i Il3m Iv °°. §8..;1f,°+ a s Q u 8 E ° �N = 128°- - r • m .4, 1 ) S m - �E Ifr g g /- / ° —_ -- g.f'ag €moo Ygo� ° o�8 P.O.E. b ,1 f r e2 \ J 7 (I :° „en„) __ — 42.1 `e8 x 2 - S 61g;4$ / 3 1_ - - -_ i tDc � E �` � u ` / 400S ogeg" e � „ ohs u '�°"pE a °1'E / �I sli i . Y pp / o & ,, B - z "moc B a •` zg - 'f E� ° =° ,\ / ,, . n hi � j! ' °; 2r9 ° 33 2,8- a�' . 12 i g$ 0' O .A Q / / ''.(s1 / , o gz ° ` § ° / „N N _ ° / / I . 9 f a ^ E oo ^ ° o5c ro . � n \\ N c LI— = � — - - L °^ �'026 "g2°. ° =_oaeo8$oll cm / ' / / •'92 \>iY ,AW 1 \ \\ §z 20 a _ i .f 2. ' // ° nam r a/ &"R \ \ 7 / 1 \ \wm 2 p j t? / ■ ■ \.�. Q s \ 'l / __ w uo4Y3___ \ \ 2 0• p UE . - -_ f. j , E 1 - �= s lit, F= , ` _ __ = ., m g oo- �.R ra 1\ Hit s C e 3 UV' \ h \ , b ° e -411 J R 1"i ° j h \\ \ a 2 c';,;, _ _ - _ ° 'y -, : K °`'o R � 2 g iso' \ \ \ d o \ \-.\ _ _ � (— .e � + .n L (�, \ m \ \ _— w I'll ; 1 g ® €`$a 1 1 • \ \\ -ate �^ o” m I rc EE g 4s 1 r \ . m o E L • - oo 2 � u 9zis->n / - \ I . 11 \ \ \ \\ 20• P j1i1 __— — �s4� -r c rc c p G $ o$ o: 3 41M g JE /! j O\ 1 1 \ v -- ,, \ . \ / c:- - 3S” \ : 1 -// \\ \ \ \\ €ga - / , Z` \ - \ ^a 1 £a' \ \ \ \ 1 D � ♦ \ \ \ §' / \ / .�' 0 T ♦ \ \\ f 8eo aS o ' / \ \ Q I e ■ ■ \\ �\ "5 so of 'o $ / / F 1 f„ \ \ \ \� ye a EN O ag °f c� \ E. ' c�T •' S o'F !!!I \ \ ♦♦ '°• \ ,(-.*:.1-- i p,U e /a") _ Sa p • a €4 °� 32 s ) ,, s • ♦ gc y+ N 1 \ � Yz u ° f.2 Bryo / % / ^ \ \ \ 1 $y \ a n of $" �°� � 'Z' a \\ \ 1 \ \ tn� 2 L f kz e ° • „/ „ale \ \ ♦ ,'`- \\0, \'-' �atla W ,E J1 8 g 0 • / / \ \ , , \ • \ / " g o o g $ F Y tea � `.�,.\ 1 = . 1 \ \ \ o /L . 111 � - O € $ "O G • - $ f °p E ' "g Q J ( "i / t°♦ \ \•o " // �w° / a \ d 1 'P/ / Z \`� 1 / /o 8 o f / €e�' \ 1 ° c / •oa / 4 ?° oam $g E$ '' a 3 9 z ° €a / ^ \ P . 4., y 9I� :p . • S J °m S° J 4, ; /Z 1 \ \ "o •P \/ `" / ' ° °" EV'c ` °1°L - .. "E° ! / / ^ � z � 1 �°� i'....,.° � %' ` c ° mooc ` y E Eo zpi °fa f . `s ° a� / / °�a`� / / / S a =Eat" o g�o ° Bo _ g x tiA °/ /�° 2.1 $ r o r o » °= g ql E ♦• " / , ,_ ° �n $9 E m • '..°c ` ° g § a / / k o c f E - ° - o E gg 'o • o ? -' 2a o c / / u ° €$ o _ 0 Al ° o s °ti ` c°$° � v � t // o _ g o % - [p u i m E 3