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HomeMy WebLinkAboutOrdinance ORDINANCE NO. AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.911 ACRE PORTION OF THE VARIABLE WIDTH PUBLIC UTILITY EASEMENT, SAID PORTION LYING WITHIN THE PLATTED COMMON AREA, IN HERITAGE TOWNHOMES SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 4309, PAGE 251, OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a portion of the variable width public utility easement, said portion lying within the platted Common Area of Heritage Townhomes Subdivision, according to the plat recorded in Volume 4309, Page 251, of the Official Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the"Easement"); and WHEREAS, in order for the Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Easement described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Easement will not result in property that does not have access to public roadways or utilities. 2. There is no public need or use for the Easement. 3. There is no anticipated future public need or use for the Easement. 4. Abandonment of the Easement will not impact access for all public utilities to serve current and future customers. PART 2: That the Easement as described in Exhibit "A" be abandoned and vacated by the City. ORDINANCE NO. Page 2 PASSED, ADOPTED and APPROVED this day of , 2006. APPROVED: RON SILVIA, Mayor ATTEST: CONNIE HOOKS, City Secretary APPROVED: -4.-5•,-d wCarl% . . R,. City Attorney ORDINANCE NO. AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND ABANDONING A PORTION OF A VARIABLE WIDTH PUBLIC UTILITY EASEMENT, WHICH CROSSES AND LIES WITHIN PART OF THE PLATTED COMMON AREA, HERITAGE TOWNHOMES SUBIDVISION, IN THE CITY OF COLLEGE STATION, TEXAS. WHEREAS, the City of College Station has received an application for the vacation and abandonment of a portion of a variable width public utility easement, which crosses and lies within part of the platted Common Area, Heritage Townhomes Subdivision, in the City of College Station, said portion of the public utility easement being more particularly described on Exhibit "A" attached hereto; and WHEREAS on August 24, 2006, the City Council of the City of College Station, Texas, heard the application of Carey Hausman for the vacation and abandonment of the aforementioned portion of the variable width public utility easement, which crosses and lies within part of the platted Common Area, Heritage Townhomes Subdivision, as described in Volume 4309, Page 251, of the Official Records of Brazos County, Texas; and WHEREAS, in order for any portion of an easement to be vacated and abandoned by the City Council of the City of College Station, the Council must make certain findings of facts; and WHEREAS, after hearing the application of Carey Hausman to vacate and abandon a portion of a variable width public utility easement, the City Council of the City of College Station, finds the following facts: 1. The location of the portion of the variable width public utility easement crosses the applicant's property and inhibits its development. 2. There is no public infrastructure in this portion of the easement to be abandoned. 3. That the land use in the neighborhood appears to be stable and the use to which this property is being put is not likely to change within the foreseeable future and is similar to the use to that of the neighborhood; and WHEREAS, the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: 1. The fact that the location of the portion of the variable width public utility easement that crosses the applicant's property would deprive the applicant of the reasonable use of his property. 2. The fact that the land use is not likely to change within the foreseeable future provides a basis for granting applicant's request to vacate and abandon a portion of a public utility easement necessary for the preservation and enjoyment of the substantial property right of the applicant. 3. The fact that the abandonment of a portion of the easement is not detrimental to the public health, safety or welfare or injurious to the property in the area; now therefore, js/c/my docs/abandon/revised form ord.doc Ordinance No. Page 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, that a portion of a variable width strip of land previously dedicated as a public utility easement, which crosses and lies within part of the platted Common Area, Heritage Townhomes Subdivision, in the City of College Station, as described on Exhibit "A" attached hereto, be abandoned and vacated. PASSED, ADOPTED and APPROVED this 24th day of August, 2006. APPROVED: Ron Silvia, Mayor ATTEST: CONNIE HOOKS, City Secretary APPROVED: City Attorney