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04-00500277 P&Z Case No.For Office Use Only Date Submitted: CITY OF COLLEGE STATION Plunmin;6 Development Service, ABANDONMENT OF PUBLIC ROW-OF-WAY/EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS E $300.00 Abandonment of Public Right-of-Way (ROW)/Easement application fee. E A completed copy of the attached Abandonment of Public ROW/Easement application. E All exhibits processed (except for Exhibit No. 4, which will be processed by staff). ADDRESS 1000 University Drive East LEGAL DESCRIPTION Lot 4R, Replat of Lots 1 & 2 Henton Subd., Vol. 2017, Pq. 239 and Lot 2, One Lincoln Place, Vol. 690, Pg. 175, recorded in Vol. 6347, Pg. 185 APPLICANT (Primary Contact for the Project): Name Kling Engineering E-Mail stewartaklingeng.corn Street Address 4101 S. Texas Ave. Suite A City Bryan State TX Zip Code 77802 Phone Number 979-846-6212 Fax Number 979-846-8252 PROPERTY OWNER'S INFORMATION (if different from above): Name David Scarmardo for Sahara Realty Group, Ltd. E-Mail david@scarmardofoods.com Street Address 1289 N. Harvey Mitchell Parkway City Bryan State TX Zip Code 77803 Phone Number 979-779-7209 Fax Number 979-822-1763 The applicant has prepared this application and certifies that the facts stated herein and exhibi -ttached hereto are tr e and correct. /A// / December 17, 2004 Signature of Owner Date js/c/forms/abandon application rev 2004.doc December 17,2004 APPLICATION FOR THE ABANDONMENT OF A PUBLIC RIGHT-OF-WAY/EASEMENT Date: December 17, 2004 Location of Right-of-Way/Easement to be Abandoned: 20' PUE across Lot 4R of the Replat of Lots 1 & 2 Henton Subd., Vol. 2017, Pci. 239 and Lot 2, One Lincoln Place, Vol. 690, Pct. 175, recorded in Vol. 6347, Pci. 185 Property Owner's Name & Address: Sahara Realty Group, Ltd — 1289 N. Harvey Mitchell Parkway Bryan, TX 77803 Property Owner's Phone Number: 979-779-7209 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, 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) - 2 - js/c/forms/abandon application rev 2004.doc December 17,2004 7. Such public right-of-way/easement should be abandoned because: no utility either public or franchee, are located in this easement, and none are planned as this lot line will be eliminated through a replat 8. Such public right-of-way/easement has been and is being used as follows: Nothing — no utilities are located in this 10' strip I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief. Owner's Signature: Owner's Name: David Scarmardo Owner's Address: 1289 N. Harvey Mitchell Parkway Bryan, TX 77803 Owner's Phone Number: 979-229-5118 STATE OF TEXAS ) ACKNOWLEDGMENT COUNTY OF BRAZOS ) Subscribed and sworn to before me, a Notary Public, this 20 day of December , 2004, by David Scarmardo KEVIN J.PFUNTNER J , MY COMMISSION EXPIRES Notary Public in and or %101 FEBRUARY 13,2006 the State of Texas - 3 - js/c/forms/abandon application rev 2004.doc December 17,2004 Application for Abandonment of a Public Right-of-Way/Easement Located: Lot 4R, Replat of Lots 1 & 2 Henton Subd., Vol. 2017, Pct. 239 and Lot 2, One Lincoln Place, Vol. 690, Pg. 175, recorded in Vol. 6347, Pg. 185 EXHIBIT NO. 1 Attached are two sealed copies of the metes and bounds description (dividing the area in half) of the public right-of-way/easement situated in Lot 4R, Replat of Lots 1 & 2 Henton Subd., Vol. 2017, Pct. 239 and Lot 2, One Lincoln Place, Vol. 690, Po. 175, recorded in Vol. 6347, Pg. 185 Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be abandoned. - 4 - js/c/forms/abandon application rev 2004.doc December 17,2004 Application for Abandonment of a Public Right-of-Way/Easement Located: Lot 4R, Replat of Lots 1 & 2 Henton Subd., Vol. 2017, Pq. 239 and Lot 2, One Lincoln Place, Vol. 690, Pg. 175, recorded in Vol. 6347, Pg. 185 EXHIBIT NO. 2 Attached are two copies 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. js/c/forms/abandon application rev 2004.doc - 5 December 17,2004 Application for Abandonment of a Public Right-of-Way/Easement Located: Lot 4R, Replat of Lots 1 & 2 Henton Subd., Vol. 2017, Pg. 239 and Lot 2, One Lincoln Place, Vol. 690, Pq. 175, recorded in Vol. 6347, Pp. 185 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. TXU GAS COMPANY BY 4 Title SY, • :114N udr , c2F� VERIZON TELEPHONE COMPANY BY: &/.u-c,dm ft?iihsp_A.,./•JA4) Title c n04/Ky- _ ETu.extec -- COX COMMUNICATIONS BY: Title p( „f,�,._ — js/c/fors/abandon application rev 2004.doc - 6 m December 3,2004 Application for Abandonment of a Public Right-of-Way/Easement Located: Lot 4R, Replat of Lots 1 & 2 Henton Subd., Vol. 2017, Pq. 239 and Lot 2, One Lincoln Place, Vol. 690, Pq. 175, recorded in Vol. 6347, Pq. 185 EXHIBIT NO. 4 The undersigned, City staff of the City of College Station, certify that they have care- fully 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 espect to present and future needs of the City of College Station and see no objection • the requested abandonment from the City's standpoint. A. A k ' -'1q1\ " :7''''Z Ci 'y Engineer Building Official City of College Station City of College Station 20 G-t.----- .. onin. Official Fire Marshal ity of ollege Station City of College Station i/AL AA // it � recta or Pu. is • lities ity of College Stat•n �1I 4h, , \.,\(--- -tAl- ' ' ' n -(-'application rev 2004.doc December 17,2004 Application for Abandonment of a Public Right-of-Way/Easement Located: Lot 4R, Replat of Lots 1 & 2 Henton Subd., Vol. 2017, P . 239 and Lot 2, One Lincoln Place, Vol. 690, Pq. 175, recorded in Vol. 6347, Pq. 185 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: Sahara Realty Group, Ltd. ADDRESS: 1289 N. Harvey Mitchell Parkway Bryan, TX 77803 NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: js/c/forms/abandon application rev 2004.doc - December 17,2004 Easement Abandonment 20' PUE - 0.28 Acre Across Lot 4R Replat of Lots 1 & 2, Henton Subdivision, Vol. 2017, Pg. 239 and Lot 2, One Lincoln Place, Vol. 690, Pg. 175 Vol. 6347, Page 185 Richard Carter Survey, A-8 College Station, Brazos County, Texas Field notes of a 20' wide strip or parcel of land, (0.28 acre) lying and being situated in the Richard Carter Survey,Abstract No. 8, College Station, Brazos County, Texas, and being part of Lot 4R (4.62 acres) of the Replat of Part of Henton Subdivision and part of One Lincoln Place, as recorded in Volume 6347, Page 185, of the Official Records of Brazos County, Texas, and said 0.28 acre tract being more particularly described as follows: COMMENCING at the lead plug and tack found marking the south corner of the beforementioned Lot 4R (4.62 acres); THENCE N 44°31' 02"E along the southeast line of the beforementioned Lot 4R, same being the northwest line Lot 2R(0.56 acre)of said Replat(6347/185)for a distance of 119.58 feet to the PLACE OF BEGINNING of this description; THENCE across the beforementioned Lot 4R as follows: N 45° 28' 59" W for a distance of 381.17 feet, N 14°44' 55"W fora distance of 227.13 feet to the south right-of- way line of University Drive, same being the north line of Lot 4R, from which a lead plug and tack found marking the west corner of Lot 4R bears S 72° 27' 00" W - 49.96 feet; THENCE N 72°27'00"E along the south right-of-way line of University Drive for a distance of 20.02 feet; THENCE across the beforementioned Lot 4R, as follows: S 14° 44' 45" E for a distance of 222.62 feet, S 45°28' 59" E for a distance of 375.68 feet to the southeast line of Lot 4R; THENCE S 44°31' 02"W along the southeast line of Lot 4R, same being the northwest line of Lot 1, Block 1 (9.03 acres)of One Lincoln Place, Volume 690, Page 175,of the Official Records of Brazos County, Texas, at a distance of 10.00 feet, pass a1/2"iron rod found marking the west corner of Lot 1, Block 1 (9.03 acres), same being the north corner of the beforementioned Lot 2R, continue on for a total distance of 20.00 feet to the PLACE OF BEGINNING, encompassing an area of 0.28 acre, more or less. A ., Surveyed December 2004 .r0. *.(1) By. •t S. M. KLING ��•)"; • ... *161, 2003 S. M. Kling ••op p•� H:°��-ar R.P.L.S. No. 2003 SUR, Prepared 12/17/04 kes04-07a-lhentonsubreplatr,rtlot4r0.28ac.wpd KLING ENGINEERING AND SURVEYING BRYAN,TEXAS H,\Land Projects R2\University DrIve-LIncolr-Cprinq Loop\dwq\Heaton-Lincoln\Exhibits\Easeroer Abandonment - Lot 4R.dwq 12/17/2004 546,37 P SCALE: 1"=100' vb Oa. D4/4- .?O p 4 c /4o/\` \ \ TqC�oU�� G� 04,04 RipOR 0, F,p44YR D1)4/1( ,- 042, ,,,cif �� 0,,,,,n,,„ - "Ak.,_ v, o CSN/ O/STR/c/. , / �s�� ` iry LOT 3R ` ,'' // ���hh 4 �6s:j,9� \ �O% 5.85 ACRES ,' / 1. 4 \ `� �� •�S t4 II' 4� / / I, / i'l/ / / (1 / � '`,/ `4 / -- i Of //`�` / FOREST DRNE i' / / //� AEp�.P 8,2 /4, \ - (PRIVATE-ROAD) / / / , •-•TT''''''''''' `QHS 1 0\10O'4/, . / % QL• / / V & / / / / / / LQ1p C� ' / / QNE LAN MOT .1�g 5 CO LOT 4R —� / / LOT 3 voL._6 c V.A,B ^ ^ 4.62 ACRES ,' �I i, BLOCK ONE (33 I - ' I ( 4% 20' PUE TO BE ' I I 1 - - I o, ,h ABANDONED t r i N N( 0.28 ACRE) h , 1 h ; I • y I � LOT 1 R P.O.B. 2.29 ACRES , ' 20• PUBLIC UTILITY EASEMENT I - 1\ . -- -- / LEAD PLUG & i — — yll --1 F--- -;- _ �,-_ --'- TACK FOUND 10 p0' 1/2" IRON LOT 1 i ��, 2 ROD FOUND (9.03 ACRES)• �N ql ,O BLOCK ONE -i - 11g ' �� 0 4Y-1 5‘ 0 I - N RS ------ r , LOT 2R �� � J�; EASEMENT ABANDONMENT i i 0.56 ACRE ^ _ _ _ _ •f ;t-- (0.28 ACRE) I �' 'R OF A LOT 7-17 I , , 20' PUBLIC UTILITY EASEMENT LOT 7-16 1ACROSS / I, ' �Ai QF�Q �' LOT 4R OF THE REPEAT OF ,at. QNSUB�Eg `�N I ,'� I,�' LOTS 1 & 2, HENTON SUBDIVISION R � i1, , NE 13.51 Fix, • 1�9 I; r .- Jr-_-_-_-_-_ .' VOL. 2017, PG. 239 Vbt- '0� r-� 14-- -/- -- & LOT 2, ONE LINCOLN PLACE ;', VOL. 690, PG. 175 VOL. 6347, PG. 185 , RICHARD CARTER SURVEY, A-8 COLLEGE STATION, BRAZOS COUNTY, TEXAS / SCALE: 1"=100' DECEMBER, 2004 r----IINDICATES PROPOSED 10' PREPARED BY: ABANDONMENT (0.28 ACRE) .==KLING ENGINEERING & SURVEYING 4101 TEXAS A\/. + P.O. BOX 4234 + BRYAN,TEXAS + PI-1.979/846-6212 XREF. KLING ENGINEERING & SURVEYING BRYAN, TEXAS