HomeMy WebLinkAboutOrdinance ORDINANCE NO.
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 2450 SQUARE FOOT PORTION OF THE
VARIABLE WIDTH PUBLIC UTILITY EASEMENT, SAID PORTION LYING
WITHIN LOT 2, OF THE WOLF PEN PLAZA SUBDIVISION, ACCORDING TO
THE PLAT RECORDED IN VOLUME 3588, PAGE 47 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 2450 square foot portion of the variable
width Public Utility Easement, said portion lying within Lot2, of the Wolf Pen Plaza
Subdivision, according to the plat recorded in Volume 3588, Page 47, 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:
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60
City Attorney
ORDINANCE NO.
AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND
ABANDONING A PORTION OF A TWENTY (20) FOOT WIDE SANITARY SEWER
EASEMENT, WHICH CROSSES AND LIES WITHIN LOT 2, BLOCK 1, E&M JONES
FARM PLACE, 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 twenty(20) foot wide sanitary sewer easement, which crosses and
lies within Lot 2, Block 1, E&M Jones Farm Place, in the City of College Station, said portion of
the sanitary sewer easement being more particularly described on Exhibit "A" attached hereto;
and
WHEREAS on August 8, 2005, the City Council of the City of College Station, Texas, heard the
application of Jim Stewart for the vacation and abandonment of the aforementioned portion of
the twenty (20) foot wide sanitary sewer easement that crosses and lies within Lot 2, Block 1,
E&M Jones Farm Place, as described in Volume 479, Page 780, 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 Jim Stewart to vacate and abandon a twenty (20)
foot wide sanitary sewer easement, the City Council of the City of College Station, finds the
following facts:
1. The location of a twenty (20) foot wide sanitary sewer easement crosses the
applicant's property and inhibits its development.
2. The existing sanitary sewer main has been relocated to another public utility
easement and there is no other 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 twenty (20) foot wide sanitary sewer 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.
js/c/my docs/abandon/revised form ord.doc
Ordinance No. Page 2
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,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, that a portion of a twenty(20) foot wide strip of land previously dedicated as a sanitary
sewer easement, which crosses and lies within Lot 2, Block 1, E&M Jones Farm Place, in the
City of College Station, as described on Exhibit "A" attached hereto,be abandoned and vacated.
PASSED, ADOPTED and APPROVED this 8th day of August, 2005.
APPROVED:
Ron Silvia, Mayor
ATTEST:
CONNIE HOOKS, City Secretary
APPROVED:
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City Attorney
js/c/my docs/abandon/revised form ord.doc