HomeMy WebLinkAboutOrdinance I.
ORDINANCE NO.
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND
ABANDONING A 0.0509 ACRE PORTION OF A TWENTY (20) FOOT WIDE PUBLIC
UTILITY EASEMENT, SAID EASEMENT LIES ON LOT 4K AND LOT 4J OF THE RE-
PLAT OF LOT 4B, BLOCK 15, PHASE 2 OF THE SOUTHWOOD PLAZA SUBDIVISION
ACCORDING TO THE PLAT RECORDED IN VOLUME 2153, PAGE 93 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 0.0509 acre portion of a twenty (20) foot wide public utility easement, said
easement lies on Lot 4K and Lot 4J of the Re-plat of Lot 4B, Block 15, Phase 2 of the
Southwood Plaza Subdivision according to the plat recorded in Volume 2153, Page 93 of the
deed 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. Applicant intends to relocate the existing public utility mains located in
the Easement to a replacement public utility easement.
3. There is no public need or use for the Easement.
4. There is no anticipated future public need or use for the Easement.
5. 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
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, a 0.0509 acre portion of a twenty (20) foot wide public utility easement, said easement
lies on Lot 4K and Lot 4J of the Re-plat of Lot 4B, Block 15, Phase 2 of the Southwood Plaza
Subdivision according to the plat recorded in Volume 2153, Page 93 of the deed records of
Brazos County, Texas, as described in Exhibit "A" attached hereto, be abandoned and vacated
only upon completion of the following conditions:
1. That the Applicant remove and relocate the existing public utility mains to
another public utility easement.
2. That the City Engineer approve and accept the relocated public utility mains.
3. That the Applicant dedicate the replacement public utility easement to the City in
compliance with City standards.
4. That there will be no other infrastructure in the easement to be abandoned.
If any of the above conditions are not met within eighteen(18) months, the abandonment shall be
null and void and have no further force or effect.
PASSED, ADOPTED and APPROVED this day of , 2008.
APPROVED:
Mayor
ATTEST:
City Secretary
APPROVED:
ins
City Attorney