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FOR OFFICE USE ONLY
CASE NO.:
DATE SUBMITTED:
TIME:
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.
LOCA t ION OF KK3HT -OF- WAY /EA5EIVlEN F TO BE ABANDONED (include legal description):
7 etween Ph ase 1 , B Vock o t 5R-1 and Lot - 5 - R'- - 2
APPLICANT /PROJECT MANAGER'S INFORMATION (Primary contact for the project):
Name Travis Martinek E -mail travis @clarkewyndham.com
Street Address 3608 East 29th Street, Suite 900
Cit Bryan
State Texas
Phone Number (979) 846 -4384 Fax Number ( 846 -9469
PROPERTY OWNER'S INFORMATION (/LL owners must be identified. Please attach an additional sheet for multiple
owners):
Name Smiling Mallard Development E -mail travis @clarke
Street Address: 3608 East 29th Street, Sulte 900
City Bryan
State Texas
Zip Code 77802
Zip Code 77802
Phone Number ( 846 -4384 Fax Number ( 846 -9469
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 pro orit rte pan ' esentative to sign the application on its behalf.
gnature and`tttle 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 seated 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 Smiling Mallard Development
Street Address 3608 East 29th Street, Suite 900
City Bryan State
Reason consent was not obtained: Applicant is the same entity
Zip Code 77802
f objecting, points of objection:
Name
E- ma il travis @clarkewyndham. corn
E -mail
Street Address
City State Zip Code
Reason consent was not obtained:
f objecting, points of objection:
Name
Street Address
E -mail
City State
Reason consent was not obtained:
If objecting, points of objection:
Zip Code
Texas
10110 Page 2 of 8
7.
8.
9.
11.
That the abandonment will not result in property that does not have access to public roadways or utilities because:
Rolat is removing the properly line at is location to create one tract, existing easement is currently not utilized
That there is no current pubhu new OF use lur tile ease ient of ; iynL-vravay WV%'QU0V-
ep a is removing a prope y me a is oca ion o crea a one tract, exishng easement is currently not utilized.
That there is no anticipated future public need or use for the easement or right -of -way necause:
RON is removing the prope y line at is location to create one t ract, ex rs rng easement is currently not utilized.
That all public utilities have access to serve current ana ruture customers uecause:
Replat is removing the prope y me at s location to create one rac , exrs ing easement is currently not utilized
Such public right- of- wayleasement has been and is being used as follows:
Replat is removing the property line at this 16catIon to create one tract, existing easement is currently not u i i2e .
I swear that all of the information contained in this appucation is true ana correct to the pest ui my Ki iuwicuyG d, ,u uG1iVIi.
Signature and ti a Date
STATE OF TEXAS §
§ ACKNOWLEDGEMENT
COUTY OF BRAZOS §
Subscribed and sworn to before me, a Notary Public, this day of
2009 by
Notary Public in and for
the State of Texas
10110 Page 3 of 8
Application for Abandonment of
a Public Right- of- Way/Easement
Location: PUE between Phase 1, B lock 1, Lot 5R -9 and Lot 5R -2
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.
�c L A - r - C KiJ f 4 7
10110 Page 4 of 8
Application for Abandonment of
a Public Right -of- Way /Easement
Location: PUE between Phase 1, Block 1, Lot 5R -1 and Lot 5R -2
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- wayleasement sought to be abandoned is situated. Also, the names
of record owners of the abutting lots are shown.
1 E E A 7"7 CU C D PIA 7
10 /10 Page 5 of 8
Application for Abandonment of
a Public Right -of- Way /Easement
Location: PUE between Phase 1, Block 1, Lot 5R -1 and Lot 5R -
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: v
10110 Page 6 of 8
Application for Abandonment of
a Public Right -of- Way /Easement
Location:
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
Public Works Director
City of College Station
Building Official
City of College Station
Fire Marshal
City of College Station
Water Services Department
City of College Station
10110 Page 7 of 8
Application for Abandonment of
a Public Right -of -Way /Easement
Location: PUE between Phase 9, B lock 9, Lot 5R _1 and Lot 5R -2
EXHIBIT NO. S
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/to Prin #;Fo" Page 8 of
V E 1►? 12 0A)
Travis Martinek
Page 1 of 2
From: Vajdak, Brenda L (BRENDA) [brenda.vajdak @verizon.com]
Sent: Tuesday, February 05, 2013 9:10 AM
To: Travis Martinek
Subject: RE: Indian Lakes - Phase 1, Block 1, Lots 5A -R & 5B -R Replat
Mr. Martinek:
Verizon consents to the abandonment of the described portion indicated on the attached final plat of
Indian Lakes Subdivision Phase 1 Block 1.
Thanks!
Brenda L. Vajdak
Section Mgr — Network Engr
Office: 979 - 821 -4770
Fax: 979 - 821 -4836
Brenda.Vajdak @Verizon.com
From: Travis Martinek [ mailto :TMartinek @ClarkeWyndham.com]
Sent: Tuesday, February 05, 2013 9:00 AM
To: Vajdak, Brenda L (BRENDA)
Subject: RE: Indian Lakes - Phase 1, Block 1, Lots 5A -R & 513-11 Replat
Brenda,
Thanks for your help on this. Erika at CS Planning & Development Services assured me that we do not
need to go through the formal application process in this case. I just need letters or emails from each
utility provider.
Thanks!
Travis Martinek
Clarke & Wyndham, Inc.
From: Vajdak, Brenda L (BRENDA) [ mailto :brenda.vaidak @verizon.com
Sent: Tuesday, February 05, 2013 7:54 AM
To: Travis Martinek
Subject: RE: Indian Lakes - Phase 1, Block 1, Lots 5A -R & 513-11 Replat
Mr. Martinek:
We will verify our information and respond, but I wanted to make sure that we would not need to
sign off on Exhibit No 3 of the Application for Abandonment of a Public Right of Way /Easement.
Please let me know.
Thanks!
2/5/2013
Page 2 of 2
Brenda L. Vajdak
Section Mgr — Network Engr
Office: 979 - 821 -4770
Fax: 979 -821 -4836
13renda.Va*dakCc')-Verizon.com
From: Travis Martinek [ mailto :TMartinek @ClarkeMndham.com
Sent: Monday, February 04, 2013 6:01 PM
To: Vajdak, Brenda L (BRENDA)
Subject: Indian Lakes - Phase 1, Block 1, Lots 5A -R & 513-11 Replat
Importance: High
Brenda,
We are doing a replat of a few lots at Indian Lakes (see attachment). The current plat was created about 9
months ago providing for a smaller lot with access off Tahoma Trail. Plans have changed for the property and we
are reverting back to a plat created about 5 years ago. The easement that is being abandoned does not have any
utilities located within. The City of College Station is requesting that you verify and approve the abandonment of
this easement.
Please reply to this email stating your acceptance of the abandonment.
Let me know if you have any questions.
Thanks!
Travis Martinek
Clarke & Wyndham, Inc.
3608 East 29th Street, Suite 100
Bryan, TX 77802
Office: (979) 846 -4384
Fax: (979) 846 -1461
Cell: (979) 229 -9877
2/5/2013
Avr*wos k1VE*CrY
Travis Martinek
Page 1 of 1
From: Norton, Joshua D [Josh.Norton @atmosenergy.com]
Sent: Thursday, February 07, 2013 11:57 AM
To: Travis Martinek
Cc: Tijerina, Otto M; Talley, Daryl J
Subject: RE: Indian Lakes - Phase 1, Block 1, Lots 5A -R & 5B -R Replat
Travis,
Atmos approves of the subject easement abandonment, as Atmos does not have any
infrastructure in the subject easement or area
Thanks — Josh Norton
Joshua D Norton, P.E.
Senior Engineer
Atmos Energy Corporation
Mid -Tex Division
979 - 774 -2506 Office
979 - 774 -2521 Fax
Begin forwarded message:
From: Travis Martinek < TMartinekAClarkeWyndham.com >
Date: February 4, 2013, 6:06:13 PM CST
To: < dM1.ta11eyna,atmosenergy.com >
Subject: Indian Lakes - Phase 1, Block 1, Lots 5A -R & 5B -R Replat
Daryl,
We are doing a replat of a few lots at Indian Lakes (see attachment). The current plat was
created about 9 months ago providing for a smaller lot with access off Tahoma Trail. Plans
have changed for the property and we are reverting back to a plat created about 5 years
ago. The easement that is being abandoned does not have any utilities located within. The
City of College Station is requesting that you verify and approve the abandonment of this
easement.
Please reply to this email stating your acceptance of the abandonment.
Let me know if you have any questions.
Thanks!
Travis Martinek
Clarke & Wyndham, Inc.
3608 East 29th Street, Suite 100
Bryan, TX 77802
Office: (979) 846 -4384
Fax: (979) 846 -1461
Cell: (979) 229 -9877
2/13/2013
WELL 00AN wM7ER r "6e I of I
Travis Martinek Moft
From: Stephen Cast [wsud.sc @verizon.net]
Sent: Friday, February 08, 2013 4:23 PM
To: Travis Martinek
Subject: Re: Indian Lakes - Phase 1, Block 1, Lots 5A -R & 5B -R Replat
Travis,
Wellborn Special Utility District has no objection to abandoning the easement in Indian Lakes Phase I,
Block 1 Lots 5A -R & 56 -R.
Stephen Cast,
Wellborn SUD
- - - -- Original Message - - - --
From: Travis Martinek
To: Stephen Cast
Sent: Monday, February 04, 2013 5:59 PM
Subject: Indian Lakes - Phase 1, Block 1, Lots 5A -R & 513-R Replat
Stephen,
We are doing a replat of a few lots at Indian Lakes (see attachment). The current plat was created
about 9 months ago providing for a smaller lot with access off Tahoma Trail. Plans have changed for
the property and we are reverting back to a plat created about 5 years ago. The easement that is being
abandoned does not have any utilities located within. The City of College Station is requesting that you
verify and approve the abandonment of this easement.
Please reply to this email stating your acceptance of the abandonment.
Let me know if you have any questions.
Thanks!
Travis Martinek
Clarke & Wyndham, Inc.
3608 East 29th Street, Suite 100
Bryan, TX 77802
Office: (979) 846 -4384
Fax: (979) 846 -1461
Cell: (979) 229 -9877
No virus found in this message.
Checked by AVG - www.avp-.com
Version: 2013.0.2897 / Virus Database: 2639/6081 - Release Date: 02/04/13
2/13/2013
CviMENOAlk P I of
Travis Martinek
From: Gootee, Christopher [ Christopher .Gootee @suddenlink.com]
Sent: Monday, February 18, 2013 9:05 AM
To: Travis Martinek
Subject: RE: Indian Lakes - Phase 1, Block 1, Lots 5A -R & 5B -R Replat
I'm good with it.
Thanks,
Christopher E Gootee
Construction Coordinator II
Suddenlink' - Easy as Counting to One
4114 E. 29th St.
Bryan, TX 77802
979 - 595 -2429 Office
979 - 257 -9560 Cell
979 - 268 -0139 Fax
Christopher.gootee @suddenlink.com
From: Travis Martinek [ mailto :TMartinek @ClarkeWyndham.com]
Sent: Monday, February 04, 2013 6:03 PM
To: Gootee, Christopher
Subject: Indian Lakes - Phase 1, Block 1, Lots 5A -R & 56 -11 Replat
Importance: High
Chris,
We are doing a replat of a few lots at Indian Lakes (see attachment). The current plat was created about
9 months ago providing for a smaller lot with access off Tahoma Trail. Plans have changed for the
property and we are reverting back to a plat created about 5 years ago. The easement that is being
abandoned does not have any utilities located within. The City of College Station is requesting that you
verify and approve the abandonment of this easement.
Please reply to this email stating your acceptance of the abandonment.
Let me know if you have any questions.
Thanks!
Travis Martinek
Clarke & Wyndham, Inc.
3608 East 29th Street, Suite 100
Bryan, TX 77802
Office: (979) 846 -4384
Fax: (979) 846 -1461
Cell: (979) 229 -9877
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2/18/2013