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HomeMy WebLinkAboutOrdinance Doc 8k Vol Ps 00998117 DR 8602 42 ORDINANCE NO. 3072 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.077 ACRE (3364 SQUARE FOOT) PORTION OF THE TWENTY FOOT (20') WIDE PUBLIC UTILITY EASEMENT, SAID PORTION LYING ALONG LOT 4, OF THE CHRISTY SUBDIVISON, ACCORDING TO THE PLAT RECORDED IN VOLUME 213, PAGE 463 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND 8.62 ACRE TRACT AS DESCRIBED BY DEED RECORDED IN VOLUME 204, PAGE 275 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 twenty foot (20') wide Public Utility Easement, said portion lying along Lot 4, of the Christy Subdivision, according to the plat recorded in Volume 213, Page 463, of the Official Records of Brazos County, Texas, and 8.62 acre tract as described by Deed recorded in Volume 204, Page 275 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. C:1Documents and Settingsltmcnutt1Local SettingslTemporary Internet Files\Content.IES1U4UE57O01Ordinance[I].doc Dor 814 Vol Ps 009913117 IR 16122 43 ORDINANCE NO. 3072 Page 2 PART 2: That the Easement as described in Exhibit "A" be abandoned and vacated by the City. PASSED, ADOPTED and APPROVED this 8th day of may , 2008. APPROVED: .....-------37......c..4-- Mayor ATTEST: 7:-.)411611,--4 -- • ity Secretary APPROVED: City Attorney C:{Documents and SettingsVmcnuttlLocal SettingslTemporary Internet FileslContenf.IES1 U411ES7O01Ordinance[1].doc Doc 8k Vol Ps 00998116 OR 8602 34 ORDINANCE NO, 3073 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.3978 ACRE (17,326 SQUARE FOOT) PORTION OF THE FIFTEEN FOOT (15') WIDE PUBLIC SANITARY EASEMENT, SAID PORTION LYING ON 8.572 ACRE TRACT AS DESCRIBED BY DEED RECORDED IN VOLUME 204, PAGE 198 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND ON 8.62 ACRE TRACT AS DESCRIBED BY DEED RECORDED IN VOLUME 204, PAGE 275 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 fifteen foot (15') wide Public Sanitary Easement, said portion lying on 8.572 acre tract as described by Deed recorded in Volume 204, Page 198, of the Official Records of Brazos County, Texas, and on 8.62 acre tract as described in Deed recorded in Volume 204, Page 275, 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, a 0.3978 acre portion of a fifteen foot (15') wide Public Sanitary Easement, said portion lying on 8.572 Acre Tract as described by Deed recorded in c:Documents and Settingsltmcnutt\Local SellingsiTemporary Internet Fi1eslContent.IEnP1 WVEO2.SIDrdinance_revised[1].doc A'' ` z Z ' --� Q X V z QO I- gW Z 0 0 -J d 0 nZ CO Z 1 Z� ZN� Z , WL.J.J 0�O w, Wmnrn >M�(5 W U 4.N OO COD > M CC ZO O Q Q r7D CO i A Naxen �wgm , \ 00 �QZ07�N0 1DK) or- CCj'cy ad =vwian 0 CtQ X zwwm�6j YId>0O/ c0vc�ac� , F— 0-1v0- -W <<DZI mrn"i'. pco cD W ZQQWZ DOZot m�wz Z D� Q o�W�� o � go�U o=Ja W00 �� W mQ OJQ N=ate aUan o OZ=D (1 0) aW Z- Q -----i °! U) N -) Q _ ( W W tZO - PO(n COaO � a —ZiN OWcsi O � -1 _ Z W // � OZO- m�� rnN o= 7WO • . O cn J J rn o O .f-< d \ C) o v) It. OS' 1111E411[ :SSE OHON/0•. 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SAID TRACT BEING A PORTION OF A CALLED 20.00 FOOT WIDE UTILITY EASEMENT AS SHOWN ON THE PLAT OF CHRISTY SUBDIVISION RECORDED IN VOLUME 213,PAGE 463 OF THE DEED RECORDS OF BRAZOS COUNTY,TEXAS. SAID PORTION OF EASEMENT LYING PARTIALLY WITHIN LOT 4,CHRISTY SUBDIVISION,AS CURRENTLY OWNED BY COLLEGE STATION INDEPENDENT SCHOOL DISTRICT,AND PARTIALLY WITHIN THE REMAINDER OF A CALLED 8.62 ACRE TRACT AS DESCRIBED BY A DEED TO A&M CONSOLIDATED SCHOOL DISTRICT RECORDED IN VOLUME 204, PAGE 275 OF THE DEED RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD FOUND ON THE SOUTHERLY LINE OF SAID REMAINDER OF 8.62 ACRE TRACT MARKING THE NORTHEAST CORNER OF SAID LOT 4 AND THE NORTHWEST CORNER OF LOT 3,CHRISTY SUBDIVISION; THENCE: S 10°09'57"W ALONG THE COMMON LINE OF SAID LOTS 3 AND 4 FORA DISTANCE OF 11.02 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID UTILITY EASEMENT,FOR REFERENCE A 3/8 INCH IRON ROD FOUND ON THE NORTH LINE OF GILCHRIST AVENUE MARKING THE COMMON CORNER OF SAID LOTS 3 AND 4 BEARS: S 10°09'57"W FOR A DISTANCE OF 155.50 FEET; THENCE:THROUGH SAID LOT 4 AND ALONG THE SOUTHERLY LINES OF SAID EASEMENT FOR THE FOLLOWING CALLS: S 75°21'59"W FOR A DISTANCE OF 65.95 FEET TO A POINT; S 40°13'54"W FORA DISTANCE OF 92.48 FEET TO A POINT ON THE COMMON LINE OF SAID LOT 4 AND SAID REMAINDER OF 8.62 ACRE TRACT; THENCE: N 49°46'06"W ALONG THE COMMON LINE OF SAID LOT 4 AND SAID REMAINDER OF 8.62 ACRE TRACT,AT 10.00 FEET PASS THE WEST CORNER OF SAID LOT 4,CONTINUE ON THROUGH SAID REMAINDER OF 8.62 ACRE TRACT FOR A TOTAL DISTANCE OF 20.00 FEET TO A POINT; THENCE:THROUGH SAID REMAINDER OF 8.62 ACRE TRACT AND ALONG THE NORTHERLY LINE OF SAID EASEMENT FOR THE FOLLOWING CALLS: N 40°13'54"E FORA DISTANCE OF 98.81 FEET TO A POINT; N 75°21'59"E FORA DISTANCE OF 76.90 FEET TO A POINT; THENCE: S 14° 38' 01" E CONTINUING THROUGH SAID REMAINDER OF 8.62 ACRE TRACT AND THROUGH SAID EASEMENT FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.077 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND AUGUST 2007. SEE PLAT PREPARED MARCH 2008 FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERB REGISTERED PROFESSIONAL c3 OF LAND SURVEYOR No.4502 • .��o.TF D:/WORK/MAB/08-106.MAB 1 `Q l BRAD KERR VV\f 4502 o; hi • $V C(..A'aAAJP"' s rrir Regular Ite • 3 ORDINANCE NO. AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.1014 ACRE PORTION OF A TWENTY (20) FOOT DE UTILITY EASEMENT, WHICH IS LOCATED WITHIN LOT 13, BLOCK B OF T E CULPEPPER PLAZA ADDITION ACCORDING TO THE PLAT RECORDED IN VO ME 7692, PAGE 177 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an applic. ion for the vacation and abandonment of a twenty(20) foot wide utility easement, which is loc. -d within Lot 13, Block B of the Culpepper Plaza Addition according to the plat recorded in V► ume 7692, Page 177 of the Official Records of Brazos County, Texas, as described in Exhi, t "A" attached hereto (such portion hereinafter referred to as the "Easement"); and WHEREAS, in order for the Easement to be vacated and ab. doned by the City Council of the City of College Station, Texas, the City Council must ma e certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF HE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a •ublic hearing, the City Council finds the following pertaining to the vacatin: and abandoning of the Easement described in Exhibit "A"attached hereto and ,.de a part of this ordinance for all purposes. 1. Abandonment of the rasement will not result in property that does not have access to public oadways or utilities. 2. There is no public eed or use for the Easement. 3. There is no ant' ipated future public need or use for the Easement. 4. Abandonme• of the Easement will not impact access for all public utilities to serve c rent and future customers. PART 2: That the Ease ,ent as described in Exhibit "A" be abandoned and vacated by the City. BE IT ORDAINED BY E CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, a 0.1014 acre ,ortion of a twenty(20) foot wide utility easement, which is located within Lot 13, Block : of the Culpepper Plaza Addition according to the plat recorded in Volume 7692, Page 177 oft - official records of Brazos County, Texas, as described in Exhibit "A" attached hereto, b- bandoned and vacated only upon completion of the following condition: . Applicant shall remove and relocate the existing water and sewer mains to another public utility easement and there be no other infrastructure in this easement to be abandoned meeting all applicable City standards within thirty(30) days of the abandonment. If said improvements are not completed within thirty(30) days, the abandonment shall be null and void and have no further force or effect; IDOCUME--IIDCODY 1.CSTILOCALS-11TemplOrdinance.doc �f 145