HomeMy WebLinkAboutOrdinanceORDINANCE NO. �y7
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE, FINDINGS AND_ VACATING AND
ABANDONING AN UNIMPROVED PORTION OF EMERALI> PARKWAY RIGHT-OF-
WAY IN THE CITY OF COLLEGE STATION, TEXAS.
WHEREAS, the City of College Station, Texas, has received an application for the vacation and
abandonment of a 1.01 acre portion of unimproved Emerald Parkway right-of-way; a 0.38 acre
portion of which was conveyed via Right -of -Way Deed recorded in Volume 1162, Page 613 of
the Official Records of Brazos County, Texas; and a 0.65 acre portion dedicated by plat,
recorded in Volume 488 Pages 593 of the Official Records of Brazos County, Texas, as
described in Exhibit "A" attached hereto (such portion hereinafter referrer{ 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,
TF.;XAS:
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. Other than as set ford] herein, there is no public need or use for the Right -
of -Way:
3. Except as may be provided for in this ordinance, there is no anticipated
future public need or use for the Right-of=Way;
4. As set forth in this ordinance, abandonment of the Right -of -Way will not
impact access for all public utilities to serve current and future customers;
and
5. Utility infrastructure exists within the Right -of -Way and the City has a
continuing need for current as well as future public utilities to be located
within the Right -of -Way, and said uses are expressly not abandoned
herein in those geographic areas where a Public Utility Easement as
substantially set forth in Exhibit "B" attached hereto has been properly
executed and recorded.
P:i,IGEAN CALVa Revleu,V 1-8-12 (Deadline 10.23.12)U fmrya13001 Ern(Rurlrlcrl3-dttacJnnent 3 • Ordiamrce u•i1h nttnclunemr 217:Vdhdoe
ORDINANCE NO. 20L ' J 4157
PART2: That the Right -of Way of the portion of
described in Exhibit "A" be abandoned and
and conditions as set forth in this ordinance.
Page 2
unimproved Emerald Parkway as
vacated by the City under the terms
PART 3: That this ordinance shall not be effective until the proper execution and filing in
the deed records of Brazos County, Texas, of the Public Utility Easement in the
form as substantially set forth in Exhibit "B" attached hereto and made a part
hereof for all purposes.
PASSED, ADOPTED and APPROVED this day of ,1,-1 , 2012.
APPROVED:
Mayor _v
ATTEST:
City Secretar r
APPROVED:
P;1,1 agN-CALILu Rei,ieir111-S-12 (Deadline 10-23.12)1XTanya13001 Sm-1 Rndderl3-Ailachn+enl 3 - Ordnrrnrce trltlr NhrclunanGs 2 FINAhdnc