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HomeMy WebLinkAboutOrdinance ORDINANCE NO. AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND ABANDONING A 1874 SQUARE FOOT PORTION OF THE TAUBER STREET VARIABLE WIDTH RIGHT OF -WAY: .- SAID PORTION AS REFLECTED BY THE W.C. BOYETTE ESTATE PARTITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 100, PAGE 440 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station has received an application for the vacation and abandonment of a portion of the 415 Taubh er Street Variable Width Right-of-Way (hereinafter referred to as the "Right-of-Way"), along Lot 9 & 10, Block 4 of the Boyette estate partition and Tauber Street, in the City of College Station, said portion of the casement Right-of-Way 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 Dale O'Rilley, agent for RADAKOR, LLC for the vacation and abandonment of the aforementioned portion of the Tauber Street Right-of-Way that lies along Lots 9 & 10, Block 4, of the Boyette estate partition, according to the plat recorded in Volume 100, Page 440, of the Official Records of Brazos County, Texas; and WHEREAS, in order for any portion of he Right-of-Way 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 Dale O'Rilley, agent for RADAKOR, LLC to vacate and abandon a portion of the Tauber Street Right-of-Way, the City Council of the City of College Station, finds the following facts: 1. The location of a portion of the Tauber Street Right-of-Way inhibits the applicant's property development. 2. The portion of the Right-of-Way proposed to be abandoned is notbeixg used by the City and there is no infrastructure in said portion of the Right-of- Way went.: 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 thate portion of the Right-of-Way proposed to be abandoned . - . .. ' . . . - would deprive the applicant of the reasonable use of his property. 2. The fact that applicant plans to relocate an existing sewer line and dedicate a in the area. -• - . - - . . - - 3. 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 js/c/my docs/abandon/revised form ord.doc Ordinance No. Page 2 of the Right-of-Way necessary for the preservation and enjoyment of the substantial property right of the applicant. 34. The fact that the abandonment of a portion of the Right-of-Way 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 the Tauber Street Variable Width Right-of-Way previously platted as a public easement, that lies within Lots 9 & 10, Block 4, of the Boyette estate partition, in the City of College Station, as described on Exhibit "A" attached hereto, be abandoned and vacated by the City . . .. . - . -- . _ . 1.That the applicant relocate a sewer infrastructure to the replacement public utility casement, PASSED, ADOPTED and APPROVED this 24th day of August, 2006. APPROVED: Ron Siylvia, Mayor ATTEST: CONNIE HOOKS, City Secretary APPROVED: js/c/my docs/abandon/revised form ord.doc ORDINANCE NO. AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 1874 SQUARE FOOT PORTION OF THE TAUBER STREET VARIABLE WIDTH RIGHT OF WAY, SAID PORTION LYING ALONG LOTS 9 & 10, BLOCK 4, OF THE W.C. BOYETT ESTATE PARTITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 100, PAGE 440 OF THE DEED 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 Tauber Street Variable Width Right-of- Way, said portion lying along Lots 9 & 10, Block 4, of the W. C. Boyett Estate Partition, according to the plat recorded in Volume 100, Page 440, of the Deed Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the "Right-of-Way"); and WHEREAS, in order for the Right-of-Way 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 Right-of-Way described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Right-of-Way 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 Right-of-Way. 3. There is no anticipated future public need or use for the Right-of- Way. 4. Abandonment of the Right-of-Way will not impact access for all public utilities to serve current and future customers. PART 2: That the Right-of-Way as described in Exhibit "A" be abandoned and vacated by the City. • ORDINANCE NO. Page 2 PASSED, ADOPTED and APPROVED this 14th day of September, 2006. APPROVED: RON SILVIA, Mayor ATTEST: CONNIE HOOKS, City Secretary APPROVED: 1 , „E 5• d._ ,CCa. igt City Attorney