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HomeMy WebLinkAboutOrdinanceDar DN VOi F9 I.It1ti35106 GE 11,299 1619 ORDINANCE NO. B13µ3105 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0,0707 ACRE, 10-FOOT WIDE. PUBLIC UTILITY EASEMENT LOCATED ON LOTS 45 AND 46 OF THE WILLIAMS CREEK PHASE 4 SUBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUME 7118, PAGE 120 OF TIME DEED RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.0707 acre, 10-foot wide public utility easement located on Lots 45 and 46 of the Williams Creek Phase 4 Subdivision according to the plat recorded in Volume 7118, Page 120 of the Deed Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portions collectively 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 in the manner and as described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 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 described above and in Exhibit "A" attached hereto be abandoned and vacated by the City. ORDINANCE NO. 203"305 hoc 81: do t r, 01153`506 OR 1.1299 P11 Page 2 PASSED, ADOPTED and APPROVED this .2Aay of- � -. , 2013. ATTEST: City Secret y APPROVED: a q,+ 1 APPROVED: Filed for Record in- BRAZOS COUNTY On: Apr 202013 at 03�WP As a NO LABEL RECORDING Document Number% 01153506 Amount 32.00 Receipt Number - 46E955 By, Cynthia Rincon STATE OF TEXAS COUNTY OF BRAZOS 1 hereby certify that this instrument uas filed on the date and time stamped hereon by me and was duly recorded in the volume and page of the Official Publir records d. BRAZOS COUNTY as stamped hereon by me, Apr 26,2011 Karen Nc[ueenr Brazos County Clerk BRAZOS COUNTY EXHIBIT "A" Doc 8k Vol r'u 03.1:3506 Ok' 1.1'299 171. METES AND BOUNDS DESCRIPTION 10' WIDE PORTION OF PUBLIC UTILITY FASEMFN'1' 0.0707 ACRES WILLIAMS CREEK SUBDIVISION PHASE 4 COLLEGE STATION BRAZOSCOUNTY,TEXAS Being a tract of land containing 0,0707 acres, and being in tire Williams Creek Subdivision, Phase 4, as recorded in Vol. 7118, Page 120, of the Brazos County Official Records(B,C.O.R.), and being part of Lots 45, and 46, of Block 1 of said subdivision. Also being the same tract of land as conveyed to Jacob K. and Carley S. Maxwell in Vol. 8881, Page 79, of the B.C.O.R. All bearings of this survey are referenced to file Texas Slate Plane Coordinate System, Central Zone, NAD83(CORS96), and boundary referenced to called for and found 1 /2" iron rods with red plastic caps marked "SM Kling - RPLS 2003" found as referred to in said previous subdivision plat, and as surveyed on the ground on February 28th, 2013, This description is also referred 10 the plat prepared by ATM Surveying, Project No, 2013-0189, and being more particularly described as follows: COMMENCING at a 1/2" iron rod with red plastic cap marked "SM KL. WG - RPLS 2003" found for the southeast corner of Lot 45, Block 1, of said Williams Creek Phase 4, also being the southwest comer of Lot 46, Block I of said Williams Creek Phase 4, also being a point on the northeast line of Williams Creek Drive(70' RA, W); THENCE North 13038'47" East, a distance of X20 feet along the common line between said Lot 45 and 46 to a point for the PLACE OF BEGINNING; THENCE North 68018'19" West, a distance of 5.05 feet across said Lot 45 to a point for the southwest comer of this tract; THENCE North 13038'47" Fast, a distance of 305,92 feet across said Lot 45 to a point for the northwest comer of this tract, also being a point on the south line of the Joe Gerrald Jr. & Janet Lillian Parr, called Lot 28, Block 1, of Williams Creek Phase 3, as recorded in Vol, 7249, Page 293, of the B.C.O,R.; THENCE along the common line between this tract and said Lot 28 for the following calls: North 89023'57" East., a distance of 5,16 feet to a 1 /2" iron rod with a maroon plastic cap marked "RPLS 6132 - ATM SURV" set for a bend in this tract, also being the northeast comer of said Lot 45, also being the northwest corner of said Lot 46; North 89*18'34" Fast, a distance of 5.16 feet to a point for the northeast corner of this tract, also being on the north line of Lot 46; THENCE South 13038'47" West, a distance of 309.89 feel across said Lot 46 to a point for (he southeast corner of this tract; THENCE North 68017'27" West, a distance of 5X feet across said Lot 46 to the PLACE OF BEGINNING containing 0.0707 acres, Adam Wallace Texas Registered Professional Land Surveyor No, 6132 13.0189-legal.doe February 281h, 2013 %� n D.. �P�•�i•��� ad'�'Y1W C'WV osa�¢4®ttoyg S•. 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