Loading...
HomeMy WebLinkAboutOrdinance ORDINANCE NO. AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 5029 SQUARE FOOT PORTION OF THE THIRTY FOOT (30') WIDTH RIGHT OF WAY, SAID PORTION LYING ALONG LOTS 11 & 12, BLOCK 2, OF THE BOYETT'S SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 38, PAGE 614 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 thirty foot (30') Width Right-of-Way, said 4-1 6 portion lying along Lots 11 & 12, Block 2, of the BOYETT'S SUBDIVISION, according � o the plat recorded in Volume 38, Page 614, of the Official Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the "Right-of-Wa " • . 1 . Qt- O r� -t- oe0,P� ERE: ., the Right o-Way is located in an area of the .tion, Texas, in which there are a t.:, .,-.;- ):1,,.:. „, +$a ='ti ;'ttns, includinglaMalp IC WHEREAS, theme Right-of-Way__currently provides a direct route for motor vehicles traveling in the Northgate District to access the heavily traveled University Drive; and ,4-civ' - WHEREAS, vacating and abandoning the Right-of-Way will increase public health and safety by providing for safe pedestrian traffic in the area of the Right-of-Way; and .121. 4,(,.e,d WHEREAS, vacating and abandoning the Right-of-Way will additionally have the public benefit of decreasing the City of College Station's maintenance costs for maintaining public streets; 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. C.•IDOCUME—IIAGIBBS—I.CSTILOCALS 11 Temp\XPgrpwiselExhibit 3-Ordinance.doc 1. Abandonment of the Right-of-Way will not result in property that does not have access to public roadways. 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. Vacating and abandoning the Right-of-Way will increase public health and safety by providing for safe pedestrian traffic in the area of the Right-of-Way. 5. Vacating and abandoning the Right-of-Way will further benefit the public by decreasing the City's maintenance costs for maintaining 1-ft?" v public streets. - e% ONO X50 PART 2: That the Right-of-Way as described in Exhibit "A" be abandoned and ROP vacated by the City for public roadway purposes; provided, however, that Mr,801 the SIKFS and the City does not abandon the use of the described area as public utility easement and public access easement. -- S u i3 ey.riv{ p6v1, 14-lul+i1,c fyISYJ l I,IvfFTLGP.trf wAY isceu Lizep DENS I PASSED, ADOPTED and APPROVED this day of , 2007. rR+,`hUTl L'Ol -60 Sivre0 APPROVED: (rI S S c re0443 T16p ,' vTtO)p'►'J / J 1 OANC9pods Mayor ATTEST: C:IDOCUME-1IAGIBBS 1.CSTILOCALS--I ITemp\XPgrpwiselExhibit 3-Ordinance.doc ORDINANCE NO. AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 5029 SQUARE FOOT PORTION OF THE THIRTY FOOT (30') WIDTH RIGHT OF WAY, SAID PORTION LYING ALONG LOTS 11 & 12, BLOCK 2, OF THE BOYETT'S SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 38, PAGE 614 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 thirty foot (30') Width Right-of-Way, said portion lying along Lots 11 & 12, Block 2, of the BOYETT'S SUBDIVISION, according to the plat recorded in Volume 38, Page 614, of the Official Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the "Right-of-Way"); and WHEREAS, the public benefits from proposed vacation and abandonment by increasing safety of the child pedestrians that frequently cross this portion of Right-of-Way and by decreasing the associated maintenance cost savings due to reducing the amount of public street pavement that the City would be responsible for maintaining. 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. 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. The public benefits from proposed vacation and abandonment by increasing safety of the child pedestrians that frequently cross this portion of Right-of-Way and by decreasing the associated V:lagenda items1200718 23 071Lodge St-ROW AbandonmentlExhibit 3-Ordinance.doc ORDINANCE NO. Page 2 maintenance cost savings due to reducing the amount of public street pavement that the City would be responsible for maintaining. 5. Utility infrastructure exists within the right-of-way and the City has a continuing need for public utilities located within the right- of-way. 6. The City has a continuing need for public emergency access through the right-of-way. PART 2: That the Right-of-Way as described in Exhibit "A" be abandoned and vacated by the City for public roadway purposes but the City shall retain a public utility easement and public access easement; and the City does not abandon the use of the described area as public utility easement and public access easement. PASSED, ADOPTED and APPROVED this day of , 2007. APPROVED: Ben White, Mayor ATTEST: CONNIE HOOKS, City Secretary APPROVED: City Attorney V:lagenda items1200718 23 071Lodge St-ROW AbandonmentlExhibit 3-Ordinance.doc