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ORDINANCE NO. 2170
AN ORDINANCE REZONING THREE TRACTS OF LAND CONSTITUTING 4.377
ACRES OUT OF LOTS 3 AND 4 OF THE D.A. SMITH ADDITION LOCATED IN THE
CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS, CONVEYED TO OWNER,
UNITED STRATEGIC, 1.P., BY DEEDS RECORDED IN VOLUME 2049, PAGE 340
AND. VOLUME 2153, PAGE 335, AND TO OWNER,. GEORGE HENRY ESTATE
HEIRS, C.N. CARTER, A. RUTH FLOWERS, ET. AL., BY DEED RECORDED IN
VOLUME. 49, PAGE 106 OF THE BRAZOS COUNTY DEED RECORDS, FROM R-6
APARTMENT/HIGH DENSITY TO C-1 GENERAL COMMERCIAL.
WHEREAS, on March 28, 1996 the City .Council of the City of College Station
convened and pursuant to notices prescribed by law held a public hearing with regard
to the application for the rezoning of three tracts of.land consisting of 4.377 acres out of
Lots 3 and 4 of the D.A. Smith Addition .located in the City of College Station, E3razos
County, Texas, conveyed to Owner, United Strategic, L. P. by deeds recorded in
Volume 2049, Page, 340 and Volume 2153,. Page 335, and to Owner, George Henry
Estate. Heirs, C.N. Carter, A. Ruth .Flowers, et: al. by deed .recorded in Volume 49,
Page 106 of the Brazos County Deed .Records, .and more particularly described as
foI lows:
TRACT ONE:
All that certain 1.000 acre. tract or parcel of land, being a portion out of Lot 4,
D.A. Smith Subdivision, as depicted by plat recorded in Volume 49, Page 1D6 of
the Deed Records of .Brazos County, Texas, and being all that same called 1.0
acre tract conveyed from David Hicks,. Trustee, to Homestead Savings.
Association. as .described by deed recorded in Volume 1052, Page 291 of the
Official Records of .Brazos .County, Texas, said 1:000 acre tract being more
particularly. described as follows:
COMMENCING at a chiseled "x" mark cut in a concrete inlet box found marking
the east corner of Tracf D, Eastgate Square, as depicted by plat recorded in
Volume 542, Page 1.25 of said Deed Records, and lying in the northwest right-
of-way line of Lincoln: Avenue. Said corner lying also in the original southwest
line of Lot 3, D.A. Smith Subdivision.
THENCE N 41°23'19" E - 297.00 feet with said right-of-way line to a %2' iron rod
set'. for corner.. Said. corner being. also the east corner. of that same called 1.5
acre ract conveyed from Marvin .Byrd to Area Progress Corporation, as
described by deed recorded in Volume 246, Page 55 of said Deed Records.
THENCE N 48°36'41" W - 202.00 feet with the northeast line of said called 1.5
acre tractto a %2' iron rod set for corner, and being the PLACE OF BEGINNING.
Said corner being also the west corner of that same 0.5 acre tract conveyed
from L.G. Jones to Willie Howard, as described by deed recorded in Volume
917, Page 613 of said Official Records:
OR®INANCE NO. 2170
PAGE 2
THENCE N 48°36'41" W - 440.00 feet with the common line between said
called 1.0 acre tract and said called 1.5 acre tract to a '/2' iron rod set for corner
in the southeast line of Lot 33, D.A. Smith Subdivision.
THENCE N. 41°23'19" E - 99.00 feet with the common line between said called
1.0 acre tract and said Lot 33 to a %" iron rod set for the north corner of said Lot
4 and Lot 5, D.A. Smith Subdivision.
THENCE S 48°36'41" E - 440.00 feet with the common line between said tot 4
and said Lot 5 to a '/2' iron rod set for corner, and being also the north corner of
said called 0.5 acre tract.
THENCE S 41°23'19" W - 99.00 feet with the :common line between said called
1.0 acre tract and said called. 0.5 acre tract to the PLACE Of BEGINNING, and
containing 1:000 acres of land.
TRACT TWO:
All that certain 0.459 acre tract or parcel of land, being a portion out of Lot 4,
D.A. Smith Subdivision, as depicted by plat recorded in Volume 49, Page 106 of
the Deed Records of Brazos County, Texas, and being the remainder of that
same called 0.5 acre tract conveyed .from L.G. Jones to Willie Howard as
described by deed recorded in Volume 9179 Page 617 of the Official Records of
Brazos County, Texas, said 0.459 acre tract being more particularly described
as follows:
COMMENCING at a chiseled "x" mark cut in a concrete inlet box found marking
the 'east corner of Tract D, Eastgate Square, as depicted by plat recorded in
Volume 542, Page 125 of said Deed Records, and lying in the northwest right-
of-way line of Lincoln Avenue. Said corner lying also in the original southwest
line of Lot 3, D.A. Smith. Subdivision.
THENCE N 41°23'19" E - 297.00 feet with said right-of-way line to a %2' iron rod
set for corner and being the PLACE OF BEGINNING. Said corner being also
the east. corner of that same called 1.5 acre tract conveyed from Marvin Byrd to
Area Progress Corporation, as described by deed recorded in Volume 246,
Page 55 of said Deed Records.
THENCE N 48°36'41" W - 202..00 feet with the common line between said
called 0.5 acre tract and said called 1.5 acre tract to a '/2' iron rod set for corner.
Said corner being also the south corner of that same called 1.0 acre tract
conveyed from David Hicks, Trustee, to Homestead Savings Association as
described by deed recorded in Volume 1052, Page 2.91 of said Official Records.
THENCE N 41°23'19" E - 99.00 feet with the common line between said called
0.5 acre tract and said called 1.0 acre tract to a '/2' iron rod set for corner in the
common line between said Lot 4 and Lot 5, D.A. Smith Subdivision.
THENCE S 48°36'41'° E- 202.00 feet with the common line between said Lot 4
and said Lot 5 to a '/" iron rod set for corner. in the apparent northwest right-of-
way line of Lincoln Avenue.
ORDINANCE NO. 2170 PAGE 3
THENCE S 41°23'19" W - 99.00 feet with said right-of-way line to the PLACE
OF BEGINNING, and. containing 0.459 acres of land.
TRACT THREE:
All that certain 2..9'(8 acre tract or parcel of land, being a portion out of Lot 3,
D.A. Smith Subdivision, as depicted by plat recorded in Volume 49, Page 106 of
the Deed Records. of Brazos County, Texas, and being the remainder of that
same called 3.0 acre tract conveyed #rom D.A. Smith to George Henry as
described by deed recorded in Volume 57, Page 232 of said Deed. Records,
said 2.918 acre tract being more particularly described as follows:
BEGINNING at a chiseled "x" mark cut in a concrete inlet box found marking the
east corner of Tract D, Eastgate Square; as depicted by plat recorded in
Volume 542, Page 125 of said Deed Records, and lying in the northwest right-
of-way line of Lincoln Avenue.
THENCE. N 48°36'41" W - 642.00 feet with the common line between said Lot 3
and said Tract D to a '/2' iron rod set marking the north corner of Tract D, the
west corner of said Lot 3, and lying in the southeast line of Lot 33, D.A. Smith
Subdivision.
THENCE N 41°23'19" E - 198.00 feet with the common line between said Lot 3
and said Lot 33 to a %2' iron rod set marking the north .comer of said Lot 3 the
west corner of Lot 4, D.A. Smith Subdivision, and being also the west corner of
that same called 1.5 acre tract conveyed from Marvin Byrd to Area Progress
Corporation, as described by',deed recorded in Volume 246, Page 55 of said
Deed Records.
THENCE S 48°36'41" E - 642..00 feet with the. common line between said Lot 3
and said Lot 4 to a %2' iron rod set for corner in the apparent northwest right-of-
way line of Lincoln Avenue.
THENCE S 41°23'19" W - 198.00 feet with said right-of-way line to the PLACE
OF BEGINNING, and containing 2.918. acres of land.
WHEREAS, the above-described property is currently zoned R-6 Apartment/High
®ensity and the current use ismulti-family;
WHEREAS, the owners of the above-described property, United Strategic, L. P., and
George Henry. Estate Heirs, C.N. Carter and A. Ruth Flowers, et. aL, have applied for
the rezoning of the above-described property to C-1 General Commercial;
WHEREAS, the City Council of the City of College Station, Texas, heard evidence as to
the location of the above-described property in cl®se proximity to Texas Avenue which
is currently zoned for commercial use;
WHEREAS,. the City Council of the City of College Station, Texas, heard evidence as to
current use of the above-described property. as a through street to University Avenue
and Texas Bypass 6;
WHEREAS, the City Council of the City of College Station, Texas, heard evidence of
the ongoing commercial development in this area; and
WHEREAS, .the development taking place in the area surrounding the above-described
property makes the subject property more suited to General Commercial use;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI~1( OF
COLLEGE STATION, TEXAS, that the above-described property is hereby rezoned
from R-6 Apartment/High Density to C-1 General Commercial, effective immediately.
PASSED and APPROVED thiso~~ day of , 1996.
APPROVED:
~,
LAR IN ay
ATTEST:
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11,1 ~.
Connie Hodks, City Secretary