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CITY OF COI LHGH STATION
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FOR OFFICE USE ONLY
CASE NO.: I3 2
DATE SUBMITTED: k I I yy l 13
TIME: 51'. DO
STAFF: A-C
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.
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.
❑X 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.
- OCATION OF RIGHT -OF -WAY /EASEMENT TO BE ABANDONED (include legal description):
15' Alley in the West Park Addition, Block 5, between Montclair Avenue and Highlands Street
APPLICANT /PROJECT MANAGER'S INFORMATION (Primary contact for the project):
Name Paul Murphy
Street Address 12633 State Highway 30
E -mail Paul @hayes- murphy.com
City College Station
Phone Number 979.690.0800
State Texas Zip Code 77845
Fax Number 979.690.0808
PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple
owners):
Name Upper Deck Development L
Street Address: 12633 State Highway 30
E -mail Paul @hayes- murphy.com
City College Station
Phone Number 979.690.0800
Fax Number
Zip Code 77845
979.690.0808
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 ompanied a power of attorney statement of the owner. If there is more than one owner, all
owners must si the plicatio r power of attorney. If the owner is a company, the application must be accompanied
by proof of a ority f the co pany's representative to sign the application on its behalf.
Signature and title
State Texas
Date
I
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 Michael T. & Mary E. Stephens
Street Address 4913 Lippizaner Drive
City Flower Mound
State Texas
Reason consent was not obtained: Unable to contact, did not return call
If objecting, points of objection:
Name Dr. Munchies LLC
Street Address
City Cedar Park State Texas
Reason consent was not obtained: Unable to contact, did not return call
If objecting, points of objection:
Zip Code 75028 -1624
Zip Code 75104 -1400
Name Rigo Cisneros & Belinda Bragg
Street Address 301 Fidelity Street
City College Station State Texas
Reason consent was not obtained: Owners are in the middle of a divorce
If objecting, points of objection:
E -mail
1448 N. Joe Wilson Road
E -mail
E -mail
Zip Code 77840 -2834
10/10 Page 2 of 8
7.
8,
121!
10.
11.
That the abandonment will not result in property that does not have access to pu blic roa dways or utilities because:
11 of the properties adjacent to the alley h ave access to a public street.
That there is no current public need or use for the easement or right -of -way beca
The alley was not developed for access to the lots and its current public use is for utility lines. The entire alley area
will be dedicated as a public utility easement for these existing utilities.
That there Is n anticipat future public need or use for the easement or right -of -way because:
The future public need is for the existing utilities and the entire alley area will be dedicated as a public utility
easement for these existing utilities.
That all public utilities have access to serve current and future customers because:
With the dedication of the entire alley area as a public utility easement for the existing utilities all current and future
c ustomers will have access to these utilities.
Such pu blic right -of- way /easem has been and is being used as follows:
The alley has been used for public utilities but not for access to any of the lots.
I swear that all of t� formation cant r in this application is true and correct to the best of my knowledge and belief
nd title Date
STATE OF TEXAS §
§ ACKNOWLEDGEMENT
COUTY OF BRAZOS § a }}
Subscribed and sworn to before me, a Notary Public, this day of fvUUB �'Ly 209 by
R u--•
KRtBTfE lY NN 7777 y q� 7
. Notary Public, Ste, axas
my Coraamiss es
f`.�` Jan�agry 0 ?t) i ti 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: IS' ALL" WF-SrPrt'ZvL
EXHIBIT NO. 1
Attached is a sealed copy of the metes and bounds description of the public right -of -way /easement situated in
WEST Pht-V- RbAtTTW
Addition /Subdivision to the City of College Station, Brazos County, Texas, sought to be abandoned.
10/10 Page 4 of 8
METES AND BOUNDS DESCRIPTION
OF A
15' ALLEY
WEST PARK ADDITION
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING
SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF A 15.00 FOOT
WIDE ALLEY IN BLOCK 5, WEST PARK ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME
102, PAGE 198 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1 INCH IRON PIPE FOUND IN CONCRETE ON THE SOUTHWEST LINE OF MONTCLAIR
AVENUE (50' R.O.W.) MARKING THE NORTHEAST CORNER OF SAID ALLEY AND THE NORTH CORNER
OF LOT 2R, BLOCK 5, WEST PARK ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 1097,
PAGE 331 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A 1/2 INCH IRON
ROD FOUND ON THE SOUTHWEST LINE OF MONTCLAIR AVENUE MARKING THE EAST CORNER OF LOT
1R, BLOCK 5 (PLAT 1097/331) BEARS: S 47° 44' 06" E FOR A DISTANCE OF 144.91 FEET;
THENCE: S 40° 49' 34" W ALONG THE SOUTHEAST LINE OF SAID ALLEY, SAME BEING THE
NORTHWEST LINE OF SAID LOT 2R AND LOTS 3, 4, 5, 6, 7, AND 8, BLOCK 5, FOR A DISTANCE OF 405.00
FEET TO THE NORTHEAST LINE OF HIGHLANDS STREET (50' R.O.W.) AND THE SOUTHWEST CORNER
OF SAID ALLEY, SAME BEING THE WEST CORNER OF LOT 8, BLOCK 5;
THENCE: N 47° 52'27" W ALONG THE NORTHEAST LINE OF HIGHLANDS STREET AND ACROSS THE
END OF SAID ALLEY FOR A DISTANCE OF 15.00 FEET TO THE SOUTH CORNER OF LOT 15R, BLOCK 5,
WEST PARK ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 11299, PAGE 155 OF THE
OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: N 40° 49' 34" E ALONG THE NORTHWEST LINE OF SAID ALLEY, SAME BEING THE
SOUTHEAST LINE OF LOT 15R AND LOTS 9, 10, 11, 12, 12 AND 14, BLOCK 5, FOR A DISTANCE OF 405.04
FEET TO THE SOUTHWEST LINE OF MONTCLAIR AVENUE AND THE NORTHWEST CORNER OF SAID
ALLEY, SAME BEING THE EAST CORNER OF LOT 9, BLOCK 5;
THENCE: S 47'44'06" E ALONG THE SOUTHWEST LINE OF MONTCLAIR AVENUE AND ACROSS THE
END OF SAID ALLEY FOR A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING CONTAINING 6075
SQUARE FEET OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND JULY 2013. SEE PLAT
PREPARED JULY 2013 FOR MORE DESCRIPTIVE INFORMATION.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
C:/WORK/MAB /13 -527
Application for Abandonment of
a Public Right -of- Way /Easement
Location: 15 7 ' ALLEY . wESTiPA-R.W- P ADZT IO"
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
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04 U)
Application for Abandonment of
a Public Right -of -Way /Easement
Location: 15' Alley, Westpark Addition, Block 5
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
Application Abandonment of
a Public Right-of-Way/Easement
Location: 15`Alley, We Addition, Block 5
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. ", " ,..' r 10 AAt eat
ATMOS ENERGY c�L{ xra I�h u��I► r' 1tY�•�.fL✓C
Titled
VERIZON TELEPHONE COMPANY
By:
Title
SUDDENLINK COMMUNICATIONS
By:
Title
BRYAN TEXAS UTILITIES
By.
Title:
10110 Page 6 of 8
Application for Abandonment of
a Public Right -of- Way /Easement
Location: 15' Alley, Westpark Addition, Block 5
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:
� a u16-
SUDDENLINK COMMUNICATIONS
By:
Title:
♦ �/
BRYAN TEXAS UTILITIES
By:
Title:
10/10 Page 6 of 8
F - .'
Application for Abandonment, of
a Public Right -of- Way /Basement
Location: i5" Alley, Westpark Addition, Block 5
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- waylutility easement sought to be abandoned
in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion
thereof.
ATMQS ENERGY
By:
Title
VERIZQN.TELEPHONE COMPANY..
By:
Title:
10110 Page 6 of 8
Application for Abandonment of
a Public Right -of- Way /Easement
Location: 15'Alley, Westpark Addition, Blocks
C 3.1T WNW
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
B � hA,
Y�
Title: v ~
10/10 Page 6 of 8
r I
7.
8.
That the abandonment will not result in property that does not have access to public roadways or utilities because:
Aff of e props res a �aGerr o e a ey ave access a pu rc st ree t .
9.
That there is no current public need or use for the easement or right -ot -way Decause:
e a ey was no eve ope r access a e o s an r s curren pu rC use rs or u r + y rues. a ent a ey area
itl be dedicated as a public utility easement for these existing utilities.
it there is no anticipated future public need or use for the - easement or right -of -way because.
ure pu rc ne e rs r e exrs rng 01,71 an � e en rre a ey area wi e
u e rcate as a pu tc u r r
>ement for these existing utilities.
f
10. That all public utillrues nave auuue s* sv
e e l ron o t e enfrre a ey area as a pu ic3u r r easement ar a exrs rrtg ut ilities a t current an future
ustomers will have access to these utilities,
n Such public right -of- way /easement has been and is being used as follows:
e a ey aS een`use Orpu iG utr r res U no Of sc G ess a a n y 6 p s.
I swear that.all of
ihe.information contained in -this application-is true and correct to the best -of my knowledge and ...belief.-
r
Signature and title - 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
10 /10
Page 3 of 8
Application for Abandonment of
a Public Right -of -Way /Easement
Location: 1'5' ALLEY, W E STPAOX RpoTI - ZoN, BLOc-K_ $
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
10/10 Page 7 of 8
Application for Abandonment of
a Public Right -of- Way /Easement
Location: 15 ' 4LIZY , W &SrPARK AD MIToN , Q LOc-k- S
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: �� t'.' rt ✓� d«t �t A tl� : [Je
ADDRESS: S• y ��
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
10110 Pr1nf Forms Page 8 of 8
Application for Abandonment of
a Public Right -of- Way /Easement
Location: l5 '.4u-EY i w£Sr Pft# -V- ftt>b lTt)N I aLOCI -S
., k •
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: /1 ET Y SfWEZ -L
ADDRESS: /f 10 !� JNTG L /f-F /j!
Cv((e- 5 e- s- 4, /1. x, , IK 778If
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
10110 I PrintiFoi m ., '` 1 Page 8 of 8
Application for Abandonment of
a Public Right -of- Way /Easement
Location: 16 ' AuX`( I WEST Ph*-t. 4bpIT1 B LO CIC �
EXHI BIT 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: JU� Cif,
iOki C
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
10110 1 " print Form I Page 8 of 8
Application for Abandonment of
a Public Right -of -Way /Easement
Location: 16' 9KLE`f WE59`i Ak
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: �o /V �! ��
ADDRESS: Ord P Ve— /L Pet
�^ 4'� S'�
44 ✓
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
10/10 Prlrlf dorm _ Page 8 of 8
Application for Abandonment of
a Public Right -of- Way /Easement
Location: IS 4t-LIEY uw63MA4LV gDOt 9'tDN� BLO 5
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: ke✓ya e,,4J Ati►�:�' (✓�
ADDRESS:' •S
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
10/10 Pratt l7rlY1 'i•,, Page 8 of 8
Application for Abandonment of
a Public Right -of- Way /Easement
Location: v5 ' E4u.EY , WE'STPkkV_ PrDOFr'ToNi 3LOCk,�"
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.
s
NAME:
y
ADDRESS: U IiLr zg, f'
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
10/10 Print Form Page 8 of 8