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04-00500279 " ... , ._ . j For Office Use Only ti„,,,,. , 17.1p P&Z Case No. Date Submitted: I . °41"'' IDONMENT OF PUBLIC ' AY/EASEMENT APPLICATION IM SUBMITTAL REQUIREMENTS �_a� 1`hblic Right-of-Way (ROW)/Easement application fee. ® A completed copy of the attached Abandonment of Public ROW/Easement application. M All exhibits processed (except for Exhibit No. 4, which will be processed by staff). ADDRESS 1000 University Drive East LEGAL DESCRIPTION Lot 1R, Replat of Lots 1 & 2 Henton Subd., Vol. 2017, Pg. 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 stewart@klingeng.com 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 Brazos Hotel 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 exhibits attached hereto a ue and correct. i s t /2//1 /(7 / (✓ 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: 10' PUE adjoining the southwest line of Lot 1R according to the Replat of Lots 1 & 2 Henton Subd., Vol. 2017, Pg. 239 and Lot 2, One Lincoln Place, Vol. 690, Pg. 175, recorded in Vol. 6347, Pg. 185 Property Owner's Name & Address: Brazos Hotel — 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. fL.,Owner's Signature: G V 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 ) COUNTY OF BRAZOS ) ACKNOWLEDGMENT Subscribed and sworn to before me, a Notary Public, this �4�� day of December , 2004, by David Scarmardo R ` KEVIN J.PFUNTNER Notary Public in and for t /� MY COMMISSION EXPIRES the State of Texas .„ / FEBRUARY 13,2006 - 3 - js/c/fomis/abandon application rev 2004.doc December 17,2004 Application for Abandonment of a Public Right-of-Way/Easement Located: Lot 1R, Replat of Lots 1 & 2 Henton Subd., Vol. 2017, Pg. 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 1R, Replat of Lots 1 & 2 Henton Subd., Vol. 2017, Pg. 239 and Lot 2, One Lincoln Place, Vol. 690, Pg. 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/fonns/abandon application rev 2004.doc December 17,2004 Easement Abandonment 10' wide - PUE - 0.07 Acre Part of Lot 1R 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 10' wide strip or parcel of land, (0.07 acre) lying and being situated in the Richard Carter Survey,Abstract No. 8, College Station, Brazos County, Texas, and being part of Lot 1R (2.29 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 0.07 acre tract being more particularly described as follows: BEGINNING at the %" iron rod found marking the south corner of the beforementioned Lot 1R, same being the west corner of Lot 7-12 of the Replat of Lot 3-Henton Subdivision according to the plat recorded in Volume 4089, Page 109, of the Official Records of Brazos County,Texas, and same being in the northeast line of the Sahara Realty Group, Ltd., -called 7.47 acre tract described in the deed recorded in Volume 6330, Page 177, of the Official Records of Brazos County, Texas; THENCE N 45°28'03"W along the southwest line of the beforementioned Lot 1R, same being the northeast line of the beforementioned 7.47 acre tract for a distance of 310.50 feet to a'/" iron rod found marking the west corner of Lot 1R, same being the south corner of Lot 3R (5.85 acres) of said Replat (6347/185) and same being the north corner of the 7.47 acre tract; THENCE N 44°50'37"E along the northwest line of the beforementioned Lot 1R, same being the southeast line of said Lot 3R for a distance of 10.00 feet; THENCE S 45°28'03"E across the beforementioned Lot 1R for a distance of 310.50 feet to the southeast line of Lot 1 R; THENCE S 44°50' 37"W along the southeast line of Lot 1 R, same being the northwest line of the beforementioned Lot 7-12 for a distance of 10.00 feet to the I PLACE OF BEGINNING, encompassing an area of 0.07 acre, more or less. • �`�OF. Surveyed December 2004 p4; J•4•i• raa C+�.io aFi ���..ING I r 4 2QQ3 a• /r �° � S. M. Kling iGG.� 0 �� R.P.L.S. No. 2003 Prepared 12/17/04 kes04-07a:hentonsubreplatpartlotl r0.07ac.wpd KLING ENGINEERING AND SURVEYING BRYAN TEXAS Easement Abandonment 10' wide - PUE - 0.07 Acre Part of Lot 1R 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 10' wide strip or parcel of land, (0.07 acre) lying and being situated in the Richard Carter Survey,Abstract No.8, College Station, Brazos County, Texas, and being part of Lot 1R (2.29 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 0.07 acre tract being more particularly described as follows: BEGINNING at the '/" iron rod found marking the south corner of the beforementioned Lot 1R, same being the west corner of Lot 7-12 of the Replat of Lot 3-Henton Subdivision according to the plat recorded in Volume 4089, Page 109, of the Official Records of Brazos County,Texas, and same being in the northeast line of the Sahara Realty Group, Ltd., -called 7.47 acre tract described in the deed recorded in Volume 6330, Page 177, of the Official Records of Brazos County, Texas; THENCE N 45°28'03"W along the southwest line of the beforementioned Lot 1 R, same being the northeast line of the beforementioned 7.47 acre tract for a distance of 310.50 feet to a iron rod found marking the west corner of Lot 1R, same being the south corner of Lot 3R (5.85 acres) of said Replat (6347/185) and same being the north corner of the 7.47 acre tract; THENCE N 44°50'37"E along the northwest line of the beforementioned Lot 1R, same being the southeast line of said Lot 3R for a distance of 10.00 feet; THENCE S 45°28'03"E across the beforementioned Lot 1R for a distance of 310.50 feet to the southeast line of Lot 1R; THENCE S 44°50'37"W along the southeast line of Lot 1 R, same being the northwest line of the beforementioned Lot 7-12 for a distance of 10.00 feet to the PLACE OF BEGINNING, encompassing an area of 0.07 acre, more or less. Surveyed December 2004 X' .a•.aa..H.H y:KLING5 soa•a•.o•aaaa..a. ` • .c1%;° 2003 S.cr., S. M. Kling 7�' :E- SS`°�•ACf R.P.L.S. No. 2003 S � Prepared 12/17/04 kes04-07a:\hentonsubreplatpartlotl r0.07ac.wpd KLING ENGINEERING AND SURVEYING BRYAN, TEXAS Application for Abandonment of a Public Right-of-Way/Easement Located: Lot 1R, Replat of Lots 1 & 2 Henton Subd., Vol. 2017, Pg. 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. - 5 - js/c/forms/abandon application rev 2004.doc December 17,2004 Application for Abandonment of a Public Right-of-Way/Easement Located: Lot 1R, Replat of Lots 1 & 2 Henton Subd., Vol. 2017, Po. 239 and Lot 2, One Lincoln Place, Vol. 690, Po. 175, recorded in Vol. 6347, Po. 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. 2t0 Title 5r, inn VERIZON TELEPHONE COMPANY BY: late,am Title &e7,on1/='t9/" _ ErrAmade. COX COMMUNICATIONS BY: � /2 - 3-��--- Title Piwhf,�,,.,..�J‘._ js/c/forms/abandon application rev 2004.doc - 6 December 3,2004 Application for Abandonment of a Public Right-of-Way/Easement Located: Lot 1R,_ eof t,of Lots 1 &2 Henton Subd.. Vol. 2017, Pg. 239 and Lot 2, One Lincoln Place. Vol. 690. Po. 175. recorded in Vol. 6347, Pg. 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 Warred to above from the standpoint of City of College Station ordinances and with re •-ct to present and future needs of the City of College Station and see no objection to t'e requested abandonment from the City's standpoint. r % / :::..-c* •Z i Engineer Building Official City of College Sta on City of College Station 0 .Aii►`(` ts — •ping 4 icial rFi a Marshal oi ty of r allege Station City of College Station it P:...A . . ,P1 O � ( i ir- or " u• lc II ities it, 1 ity of Co lege Sta •n 65\itt T• 1 - • C leA, • -7_ js/c/form5/abandon application rev 2004.doc December 1.7,2004 W\Lund Projects R2\University Drlve-LIncoln-"oring Loop\dwg\Henton-LIncoln\ExhIbIts\Eosenen+ 'ynndonment - Lot IR.dwg 12/20/2004 8142159 N SCALE: 1"=100' -.......':: - ............. INDICATES PROPOSED 10' ABANDONMENT (0.07 ACRE) �ly "�------ ON Iro- -OA, � N . 41/11. ? co,5 RSp4,, /4o \rycoRRa , vFRcS, OR, ```cea OR 9Y (i` 014,Or . 'iltR �Y n�N i / /'');., o i-3 , / / / <06 I LOT 3R / / /4 % j N c^�o 5.85 ACRES / // / ' / xn '' / / / o OF / , > p , R�-rs A s,ON , ///�/ /, O O 14 v • , 0 „,'/ : '7 ' `y 1.0� 2 1„lit$3 /y /, LNp ' / . / / O ��.5O O, 63�? ' , LOT 4R �� / 4.62 ACRES < < 7 -I —II 4.1 01 I 1/2" IRON — _ 1 "r 1 ROD FOUND 1 20' PUBLIC UTILITY EASEMENT I i 1I ca . ' I La I OZ o 1 C3t.r I, I w 03 0 Z O 1 lA ANN i ff o m z c LOT 1R EASEMENT ABANDONMENT a NN a Q PI W j ? 2.29 ACRES (0.07 ACRE) &W .o ia z Q 10' PUBLIC UTILITY EASEMENT a o o N , 03 o W ACROSS La Z o LOT 1 R OF THE REPLAT OF o a .3 LOTS 1 & 2, HENTON SUBDIVISION