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ORDINANCE NO. 2534
AN ORDINANCE AMENDING CHAPTER 12, "ZONING ", SECTION 7.21.1),
"REQUIREMENTS FOR DEDICATION/DEVELOPMENT OF DRAINAGE AND
PEDESTRIAN ACCESS WAYS ", OF THE CODE OF ORDINANCES OF THE CITY OF
COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT
BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 12, "ZONING ", Section 7.21.13, "REQUIREMENTS FOR
DEDICATION/DEVELOPMENT OF DRAINAGE AND PEDESTRIAN
ACCESS WAYS ", of the Code of Ordinances of the City of College Station,
Texas, be amended as set out in Exhibit "A" and its attachments, attached hereto
and made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not less than Twenty -five Dollars ($25.00) nor more than
Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be
permitted to continue, shall be deemed a separate offense. Said Ordinance, being a
penal ordinance, becomes effective ten (10) days after its date of passage by the
City Council, as provided by Section 35 of the Charter of the City of College
Station.
PASSED, ADOPTED and APPROVED this 6th day of December 2001.
APPROVED:
LYNN McILHANEY, Mayor
TEST: �
Connie Hooks, City Secretary
APPROVED:
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Att
ORDINANCE NO
2534
EXHIBIT "A"
Page 2
That Chapter 12, "Zoning ", Section7.21.1), "REQUIREMENTS FOR DEDICATION /
DEVELOPMENT OF DRAINAGE AND PEDESTRIAN ACCESS WAYS ", of the Code of
Ordinances of the City of College Station, Texas, is hereby amended to read as follows:
D. REQUIREMENTS FOR DEDICATION/DEVELOPMENT OF DRAINAGE AND
PEDESTRIAN ACCESS WAYS
Except for minimum reservation areas dedicated or developed in accordance with the Wolf
Pen Creek Master Plan, the flood fringe area may be reclaimed upon approval of reclamation
plans by the City Engineer.
The Upstream Phase of the Development Corridor along Wolf Pen Creek means the area
between Texas Avenue and Dartmouth Drive. The area to be dedicated or developed consists
of the floodway and the minimum reservation line as defined in the Wolf Pen Creek Master
Plan and shall be referred to as the minimum reservation area.
The Downstream Phase of the Development Corridor along Wolf Pen Creek means the area
between Dartmouth Drive and the Earl Rudder Freeway. The area to be dedicated or
developed consists of property described in Attachments 1 through 7 and shall be referred to
as the minimum reservation area.
Where applicable, the floodway and the minimum reservation line for the Upstream Phase of
the Development Corridor and/or the minimum reservation area for the Downstream
Development Phase shall be indicated on the site plan.
Upon development of the property within the Wold Pen Creek zoning district, the minimum
reservation area may be:
(1) dedicated in fee simple or as a drainage and access easement or
(2) improved by the developer to conform with the standards of the Development
Corridor
Property within the minimum reservation area will:
Provide drainage capacity necessary to convey the floodwaters of Wolf Pen Creek while
accommodating the increased runoff from development of properties along the creek;
Provide an area to accommodate pedestrian access from, to and between developments
ORDINANCE NO.
2534
Page 3
along the banks of Wolf Pen Creek to lessen congestion along adjacent roadways for
patrons of businesses along the corridor;
Provide an area as necessary to address and prevent erosion of creek banks resulting from
development both along the Creek in the Development Corridor as well as from
floodwaters received from upstream of the Development Corridor;
Provide an area necessary for public improvements to the Development Corridor including
but not limited to trails lighting irrigation, benches kiosks foot bridges with hand rails,
trash receptacles, culverts, signage landscaping, emergency call boxes, public art, and
bicycle racks,
and,
Provide access for drainage and facilities maintenance as necessary to support private
development within the Development Corridor,
All development shall be in accordance with the Wolf Pen Creek Corridor Study and Master
Plan (1988), the Revised Wolf Pen Creek Master Plan (1998) and the "Conceptual Plan, Trail
System" prepared by Robert B.Ruth, dated 2- 25 -01.
Permitted private development within the minimum reservation area where dedication is not
made, may include, but is not limited to:
Cleaning and removal of brush and bank stabilization;
Erosion control;
No extensive channel work;
Pedestrian walkways, lighting and access easements;
Preservation of the natural setting of the creek.
Cross sections as shown in the original Wolf Pen Creek Master Plan shall be used in
designing improvements unless otherwise approved by the P &Z.
All plans for the improvement of this area shall be considered by the Planning & Zoning
Commission upon recommendation of the Design Review Board in accordance with Chapter
12, Section 7.21.0 of the College Station Code of Ordinances.
The developer or property owner may submit any improvements to the City for dedication.
Upon acceptance the City will maintain those facilities to the same standards as other public
development along the creek.
ORDINANCE NO.
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ORDINANCE NO. ATTACHMENT 1
Page 2 of 2
FIELD NOTES
PARCEL NO. 1
WOLFPEN CREEK PROJECT
Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR
LEAGUE, A -46 in College Station, Brazos County, Texas and being a portion of the 3.847 acre
residual tract conveyed to Dena Beth Kahan and David Lee Kahan by Simon Kahan, Trustee by
Special Warrantee Deed recorded in Volume 3779, Page 82 of the Official Records of Brazos
County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows:
COMMENCING: at a fence corner found marking the most easterly corner of the said 3.847 acre
residual tract, the south corner of the 6.5 acre City of College Station tract described in Volume 3 89,
Page 28 of the Brazos County Deed Records (B.C.D.R.) and being in the northwest line of Lot 3,
Block 2, SOUTHCREEK PHASE 1 as recorded in Volume 2205, Page 243 (O.R.B.C.);
THENCE: S 44° 07'06" W for a distance of 187.64 feet along the common line of the said 3.847 acre
residual tract and said Lot 3 (called S 42° 02' 54" W) to a set 1/2 -inch iron rod for the west corner
of said Lot 3 and being the POINT OF BEGINNING;
THENCE: S 44° 07'06" W continuing along said common line for a distance of 91.21 feet to a set
1/2 -inch iron rod for corner, said iron rod also being the east corner of the City of College Station
5.04 acre tract described in Volume 1217, Page 687 (O.R.B.C.);
THENCE: N 45° 16'43" W (called N 47° 34'39" W) for a distance of 192.87 feet along the northeast
line of said 5.04 acre tract to a set 1/2 -inch iron rod for corner;
THENCE: S 70° 41'55" E for a distance of 212.48 feet through the interior of the said 3.847 acre
residual tract to the POINT OF BEGINNING and containing 0.2019 acres (8,796 square feet) of
land, more or less.
I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do
certify that this survey substantially complies with the current Texas Society of Professional
Surveyors Standards and Specifications for a Category 1B, Condition II Survey.
Michael R. McClure, R.P.L.S. #2859
ORDINANCE NO.
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ORDINANCE NO. ATTACHMENT 2
Page 2 of 2
FIELD NOTES
PARCEL NO.2
WOLFPEN CREEK PROJECT
Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR
LEAGUE, A -46 in College Station, Brazos County; Texas and being part of Lot 2, Block 2 of a
Replat of POST OAK MALL as recorded in Volume 517, Page 689 of the Deed Records of Brazos
County, Texas (B.C.D.R.), said tract being the same land (called 3.357 acres) conveyed to Real
Alchemy I, L.P. by Substitute Trustee's Deeds recorded in Volume 2128, Page 199 and Volume
2128, Page 204 of the Official Records of Brazos County, Texas (O.R.B.C.) and being more
particularly described by metes and bounds as follows:
COMMENCING: at a found 5/8 -inch iron rod marking the south corner of said Lot 2, Block 2,
POST OAK MALL Replat, the southeast corner of Oakway Drive right -of -way (based on a 50'
width) and being in the northwest line of Lot 3, Block 2, SOUTHCREEK PHASE I as recorded in
Volume 2205, Page 243 (O.R.B.C.);
THENCE: N 44' 0706" E for a distance of 4.26 feet along the common line of said Lot 2, Block
2, POST OAK MALL and said Lot 3, Block 2, SOUTHCREEK PHASE I to a set 1/2 -inch iron rod
marking the north corner of said Lot 3 and being the POINT OF BEGINNING:
THENCE: into the interior of said Lot 2, Block 2, POST OAK MALL for the following three (3)
calls:
1) N 33' 17' 19" E for a distance of 107.08 feet to a set 1/2 -inch iron rod for corner,
2) N 44° 05' 41" E for a distance of 45.84 feet to a set 1/2 -inch iron rod for corner and
3) N 73' 21' 28" E for a distance of 41.23 feet to a set 1/2 -inch iron rod for the most
easterly comer of this tract and being in the southeast line of said Lot 2, Block 2, POST
OAK MALL;
THENCE: S 44' 07'06" W (called S 42' 02'54" W) for a distance of 186.99 feet to the POINT OF
BEGINNING and containing 0.0538 acres (2,343 square feet) of land, more or less.
I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do
certify that this survey substantially complies with the current Texas Society of Professional
Surveyors Standards and Specifications for a Category 1B, Condition II Survey.
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ORDINANCE NO. ATTACHMENT 3
Page 2 of 2
FIELD NOTES
PARCEL NO. 3
WOLFPEN CREEK PROJECT
Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR
LEAGUE, A -46 in College Station, Brazos County, Texas and being a portion of Lot 5, Block One,
SUTTON PLACE SUBDIVISION as recorded in Volume 401, Page 402 ofthe Brazos County Deed
Records (B.C.D.R.), said lot being part of the same land conveyed to JPJ Investments et al by Clarke
& Wyndham, Inc. by deed recorded in Volume 2194, Page 269 and by Real Alchemy I, L.P. by deed
recorded in Volume 2194, Page 275 of the Official Records of Brazos County, Texas (O.R.B.C.) and
being more particularly described by metes and bounds as follows:
BEGINNING: 1/2 -inch iron rod set at the common most southerly corner ofLots 4 and 5, Block One
of said SUTTON PLACE SUBDIVISION, said corner being in the northwest line of a 1.86 acre
tract conveyed to the City of College Station in Volume 2961, Page 346 (O.R.B.C.) and being in the
northwest bank of Wolfpen Creek;
THENCE: S 38' 12'53" W for distance of 169.99 feet along the common line of said Lot 5 (called
S 38° 57' 15" W - 170.00') and said 1.86 acre tract to a 26" Elm Tree for corner;
THENCE: along the southwest line of said Lot 5, said line also being common with the northeast line
of the 6.80 acre tract dedicated to the City of College Station in the Final Plat of SOUTHCREEK
PHASE 1 recorded in Volume 2205, Page 243 (O.R.B.C.) for the following four (4) calls:
1) S 85° 3742" W (called S 83° 22'04" W) for a distance of 8.13 feet to a set 1/2 -inch iron
rod,
2) N 60° 35'53" W (called N 62° 51' 31" W) for a distance of 21.12 feet to a set 1/2 -inch
iron rod,
3) N 48° 05'39" W (called N 50° 21' 17" W) for a distance of 76.98 feet to a set 1/2 -inch
iron rod and
4) N 15° 27'39" W (called N IT 43' 17" W) for a distance of 16.12 feet to a set 1/2 -inch
iron rod, said iron rod marking an angle in the southwest line of Lot 5, being the north
corner of said 6.80 acre tract and the east corner of Lot 2, Block 2, according to the
Replat of POST OAK MALL Subdivision as recorded in Volume 529, Page 17
(B.C.D.R.)
THENCE: N 43'25'56" E for a distance of 188.29 feet through the interior of said Lot 5 to a set 1/2-
inch iron rod for corner, said iron rod also being in the common line of the beforementioned Lots 4
and 5;
THENCE: S 38° 37'02" E (called S 40° 52" 40" E) for a distance of 102.23 feet to the POINT OF
BEGINNING and containing 0.4687 acres (20,417 square feet) of land, more or less.
I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do
certify that this survey substantially complies with the current Texas Society of Professional
Surveyors Standards and Specifications for a Category 1 B, Condition fI Survey.
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Michael R. McClure, R.P.L.S. #2859
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ORDINANCE NO. ATTACHMENT 4
Page 2 of 2
FIELD NOTES
PARCEL NO. 4
WOLFPEN CREEK PROJECT
Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR
LEAGUE, A -46 in College Station, Brazos County, Texas and being a portion of Lot 4, Block One,
SUTTON PLACE SUBDIVISION as recorded in Volume 401, Page 402 ofthe Brazos County Deed
Records (B.C.D.R.), said lot being part of the same land conveyed to JPJ Investments et al by deed
recorded in Volume 2194, Page 269 and Volume 2194, Page 275 of the Official Records of Brazos
County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows:
BEGINNING: a 1/2 -inch iron rod set at the common most southerly corner of Lots 4 and 5, Block
One of said SUTTON PLACE SUBDIVISION, said corner also being in the northwest line of a 1.86
acre tract conveyed to the City of College Station in Volume 2961, Page 346 (O.R.B.C.);
THENCE: N 38° 37'02" W (called N 40° 52'40" W) along the common line of said Lots 4 and 5 for
a distance of 102.23 feet to a set 1/2 -inch iron rod for corner;
THENCE: N 43° 25' 56" E through the interior of said Lot 4 for a distance of 263.64 feet to a set
1/2 -inch iron rod for corner, said iron rod being in the common line of Lots 3 and 4, Block One of
said SUTTON PLACE SUBDIVISION;
THENCE: S 21 ° 52' 59" E (called S 24° 08' 32" E) along said common he for a distance of 93.50
feet to the common most southerly corner of said Lots 3 and 4 and being in the approximate center
line of Wolfpen Creek;
THENCE: along the southeast line of said Lot 4, said line also being common with the northwest line
ofthe 1.86 acre City of College Station tract described in Volume 2961, Page 346 (O.R.B.C.) for the
following three (3) calls:
1) S 37° 38' 10" W (called S 35° 22'32" W) for a distance of 106.71 feet to a set 1/2 -inch
iron rod,
2) S 41 ° 57'00" W (called S 39° 41'21 " W) for a distance of 100.74 feet to a set 1/2 -inch
iron rod and
3) S 38° 12'53" W (called S 35° 57' 15" W) for a distance of 31.99 feet to the POINT OF
BEGINNING and containing 0.5391 acres (23,485 square feet) of land, more or less.
I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do
certify that this survey substantially complies with the current Texas Society of Professional
Surveyors Standards and Specifications for a Category 1 B, Condition II Survey.
Michael R. McClure, R.P.L.S. #2859
ORDINANCE NO.
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-ORDINANCE NO. ATTACHMENT 5
Page 2 of 2
FIELD NOTES
PARCEL NO. 5
WOLFPEN CREEK PROJECT
Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR
LEAGUE, A -46 in College Station, Brazos County, Texas and being a portion of Lot 3, Block One,
SUTTON PLACE SUBDIVISION as recorded in Volume 401, Page 402 ofthe Brazos County Deed
Records (B.C.D.R.), said lot being the same land conveyed to JPJ Investments et al by Clarke &
Wyndham, Inc. by deed recorded in Volume 2194, Page 269 and by Real Alchemy I, L.P. by deed
recorded in Volume 2194, Page 275 of the Official Records of Brazos County, Texas (O.R.B.C.) and
being more particularly described by metes and bounds as follows:
BEGINNING: at the common most southerly corner of Lots 3 and 4, Block One of said SUTTON
PLACE SUBDIVISION, said corner also being in the northwest line of the 1.86 acre tract conveyed
to the City of College Station in volume 2961, Page 346 (O.R.B.C.);
THENCE: N 21 ° 52'59" W (called N 24° 08'32" W) along the common line of said Lots 3 and 4 for
a distance of 93.50 feet to a set 1/2 -inch iron rod for corner;
THENCE: N 43° 25'56" E for a distance of 92.46 feet to a set 1/2 -inch iron rod for corner and
N 73° 5F21 " E for a distance of 169.21 feet through the interior of said Lot 3 to a set 1/2-
inch iron rod for corner, said iron rod also being in the common lot line of Lots 1 and 3, Block One
of said SUTTON PLACE SUBDIVISION;
THENCE: S 10' 18' 17" E (called S IT 33'56" E) for a distance of 56.80 feet to the common most
southerly corner of said Lots 1 and 3, said iron rod also marking an angle in the north line of the
Resubdivision ofLot 1, Block "B ", EASTMARK SUBDIVISION, PHASE II as recorded in Volume
579, Page 343 (B.C.D.R.);
THENCE: S 73° 21'16" W (called S 71* 01'44" W) for a distance of 146.29 feet to an angle in the
south line of said Lot 3, said iron rod also being the north corner of the beforementioned 1.86 acre
City of College Station tract;
THENCE: S 30° 41'50" W (called S 28° 28'34" W) for a distance of 119.98 feet to the POINT OF
BEGINNING and containing 0.3714 acres (16,177 square feet) of land, more or less.
1, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do
certify that this survey substantially complies with the current Texas Society of Professional
Surveyors Standards and Specifications for a Category 1 B, Condition II Survey.
Michael R. McClure, R.P.L.S. #2859 —
ORDINANCE NO.
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'ORDINANCE NO.
ATTACHMENT 6
FIELD NOTES
PARCEL NO. 6
WOLFPEN CREEK PROJECT
Page 2 of 2
Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR
LEAGUE, A -46 in College Station, Brazos County, Texas and being a portion of Lot 1, Block One,
SUTTON PLACE SUBDIVISION as recorded in Volume 401, Page 402 ofthe Brazos County Deed
Records (B.C.D.R.), said lot being the same land conveyed to JPJ Investments et al by Clarke &
Wyndham, Inc. by deed recorded in Volume 2194, Page 269 and by Real Alchemy I, L.P. by deed
recorded in Volume 2194, Page 275 of the Official Records of Brazos County, Texas (O.R.B.C.) and
being more particularly described by metes and bounds as follows:
BEGINNING: at the east corner of said Lot 1, Block One, SUTTON PLACE SUBDIVISION, the
northeast corner of the Resubdivision of Lot 1, Block "B ", EASTMARK SUBDIVISION, PHASE
II as recorded in Volume 579, Page 343 (B.C.D.R.) and being in the southwest right -of -way line of
State Highway No. 6 (East Bypass);
THENCE: along the common line of said SUTTON PLACE and EASTMARK Subdivisions for the
following four (4) calls, said line being approximately along the meanders of Wolfpen Creek:
1) S 73* 22'46" W for a distance of 142.31 feet (called S 71* 07'08" W - 141.33'),
2) S 33° 59' 05" W for a distance of 89.14 feet (called S 31 ° 43' 27" W) to a set 1/2 -inch
iron rod,
3) S 61 ° 23'26" W for a distance of 111.12 feet (called S 59° 07'48" W and
4) N 41 ° 14'27" W (called N 43* 30'05" W) for a distance of 119.65 feet to the common
most southerly corner of Lots 1 and 3 of SUTTON PLACE SUBDIVISION for corner;
THENCE: N 10° 18' 17" W (called N IT 33'56" W) for a distance of 56.80 feet along said common
line of Lots 1 and 3 to a set 1/2-inch iron rod for corner;
THENCE: N 73° 5F21 " E for a distance of 36.26 feet to a set chiseled "X" mark in concrete in the
southwest line of a 2.548 acre tract conveyed to Aqua Rica, Ltd. et al in Volume 3605, Page 277
(O.R.B.C.);
THENCE: S 28° 35'08" E (called S 30° 32' 16" E) for a distance of 20.04 feet to a found "V" mark
in concrete for corner, said mark also being the south corner of the said 2.548 acre tract;
THENCE: N 43° 36'44" E for a distance of 317.78 feet (called N 41* 28'36" E - 318.01') along the
southeast line of said 2.548 acre tract for the most northerly corner of this tract, said corner being in
the southwest right -of -way line of said State Highway 6 (East Bypass) and from whence a found
chiseled "V" mark in concrete bears N 43° 36' 44" E at a distance of 0.33 feet;
THENCE: S 28° 33'23" E (called S 30° 38'57" E) for a distance of 228.37 feet to the POINT OF
BEGINNING and containing 1.367 acres (59,531 square feet) of land, more or less.
I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do
certify that this survey substantially complies with the current Texas Society of Professional
Surveyors Standards and Specifications for a Category 1 B, Condition II Survey.
Michael R. McClure, R.P.L.S. #2859
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ORDINANCE NO. ATTACHMENT 7
Page 2 of 2
FIELD NOTES
PARCEL NO. 8
WOLFPEN CREEK PROJECT
Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR
LEAGUE, A -46 in College Station, Brazos County, Texas and being all of Lot 1, Block "B" of
EASTMARK SUBDIVISION, PHASE II according to the Resubdivision Final Plat recorded in
Volume 579, Page 343 of the Deed Records of Brazos County, Texas (B.C.D.R.) and being more
particularly described by metes and bounds as follows:
BEGINNING: at a found 1/2-inch iron rod marking the common most easterly corner of said Lot 1
and Lot 2R -1, Block "B" according to the Resubdivision Final Plat recorded in Volume 757, Page
338 of the Official Records of Brazos County, Texas (O.R.B.C.), said iron rod also being in the
southwest right -of -way line of State Highway No. 6 (East Bypass);
THENCE: S 57' 34'32" W (called S 55' 27'50" W) along the common line of said Lot 1 and said
Lot 2R -1 for a distance of 474.47 feet to a set 1/2 -inch iron rod for corner;
THENCE: N 32' 25' 29" W (called N 34' 32' 10" W) for a distance of 377.61 feet along the
southwest line of said Lot 1, said line also being common with the northeast line of the University
Commons College Station, Phase III tract described in Volume 2736, Page 244 (O.R.B.C.) and the
City of College Station 1.86 acre tract described in Volume 2961, Page 346 (O.R.B.C.) to the west
corner of said Lot 1, said corner also marking an angle in the southeast margin of SUTTON PLACE
ADDITION, as described in Volume 401, Page 402 (B.C.D.R.);
THENCE: along the southeast margin of said SUTTON PLACE ADDITION and approximately
along Wolfpen Creek for the following five (5) calls:
1) N 73' 21' 16" E for a distance of 146.29 feet (called N 71'04'25" E - 146.35'),
2) S 41' 14'27" E for a distance of 119.65 feet (called S 43' 27'24" E),
3) N 61' 23' 26" E for a distance of 111.12 feet (called N 59' 10'29" E) to a 1/2 -inch iron
rod set,
4) N 33' 59'05" E for a distance of 89.14 feet (called N 31' 46'08" E) and
5) N 73' 22' 46" E for a distance of 142.31 feet (called N 71' 29' 16" E - 142.14') to the
most northeasterly corner of this tract;
THENCE: S 28' 33'23" E (called S 30' 40'05" E) along the said State Highway No. 6 right -of -way
for a distance of 209.60 feet to the POINT OF BEGINNING and containing 2.939 acres (128,011
square feet) of land, more or less.
I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do
certify that this survey substantially complies with the current Texas Society of Professional
Surveyors Standards and Specifications for a Category 1B, Condition II Survey.
Michael R. McClure, R.P.L.S. #2859
LL .R. McCI.URE
FILE COPY 61-135
ORDINANCE NO. 2524
AN ORDINANCE AMENDING CHAPTER 12, "ZONING ", SECTION 7.21.1),
"REQUIREMENTS FOR DEDICATION/DEVELOPMENT OF DRAINAGE AND
PEDESTRIAN ACCESS WAYS ", OF THE CODE OF ORDINANCES OF THE CITY OF
COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT
BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND AN
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 12, "ZONING ", Section 7.21.1), "REQUIREMENTS FOR
DEDICATION/DEVELOPMENT OF DRAINAGE AND PEDESTRIAN
ACCESS WAYS ", of the Code of Ordinances of the City of College Station,
Texas, be amended as set out in Exhibit "A" and its attachments, attached hereto
and made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not less than Twenty -five Dollars ($25.00) nor
more than Five Hundred Dollars ($500.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Section 35 of the Charter of the
City of College Station.
PASSED, ADOPTED and APPROVED this 27th day of September 2001.
F.300 �li»1�71
A EST:
o
APPROVED:
City Atto y , H rgill
-In ae
LYNN MALHANEY, Mayor
O /group /legallordinance/amendmen[form. doc
ORDINANCE NO. 2524
EXHIBIT "A"
Page 2
That Chapter 12, "Zoning ", Section7.21.1), "REQUIREMENTS FOR DEDICATION /
DEVELOPMENT OF DRAINAGE AND PEDESTRIAN ACCESS WAYS ", of the Code of
Ordinances of the City of College Station, Texas, is hereby amended to read as follows:
D. REQUIREMENTS FOR DEDICATION/DEVELOPMENT OF DRAINAGE AND
PEDESTRIAN ACCESS WAYS
Except for minimum reservation areas dedicated or developed in accordance with the Wolf
Pen Creek Master Plan, the flood fringe area may be reclaimed upon approval of reclamation
plans by the City Engineer.
The Upstream Phase of the Development Corridor along Wolf Pen Creek means the area
between Texas Avenue and Dartmouth Drive. The area to be dedicated or developed consists
of the floodway and the minimum reservation line as defined in the Wolf Pen Creek Master
Plan and shall be referred to as the minimum reservation area.
The Downstream Phase of the Development Corridor along Wolf Pen Creek means the area
between Dartmouth Drive and the Earl Rudder Freeway. The area to be dedicated or
developed consists of property described in Attachments 1 through 7 and shall be referred to
as the minimum reservation area.
Where applicable, the floodway and the minimum reservation line for the Upstream Phase of
the Development Corridor and/or the minimum reservation area for the Downstream
Development Phase shall be indicated on the site plan.
Upon development of the property within the Wold Pen Creek zoning district, the minimum
reservation area may be:
(1) dedicated in fee simple or as a drainage and access easement or
(2) improved by the developer to conform with the standards of the Development
Corridor
Property within the minimum reservation area will:
Provide drainage capacity necessary to convey the floodwaters of Wolf Pen Creek while
accommodating the increased runoff from development of properties along the creek;
uV: Igroupldeve _seryanellrplanninglxpc ordinance1001 to legal.doc
8127101
ORDINANCE NO. 25
Page 3
Provide an area to accommodate pedestrian access from, to and between developments
along the banks of Wolf Pen Creek to lessen congestion along adjacent roadways for
patrons of businesses along the corridor;
Provide an area as necessary to address and prevent erosion of creek banks resulting from
development both along the Creek in the Development Corridor as well as from
floodwaters received from upstream of the Development Corridor;
and,
Provide access for drainage and facilities maintenance as necessary to support private
development within the Development Corridor,
All development shall be in accordance with the Wolf Pen Creek Corridor Study and Master
Plan (1988), the Revised Wolf Pen Creek Master Plan (1998) and the "Conceptual Plan,
Trail System" prepared by Robert B.Ruth, dated 2- 25 -01.
Permitted private development within the minimum reservation area where dedication is not
made, may include, but is not limited to:
Cleaning and removal of brush and bank stabilization;
Erosion control;
No extensive channel work;
Pedestrian walkways, lighting and access easements;
Preservation of the natural setting of the creek.
Cross sections as shown in the original Wolf Pen Creek Master Plan shall be used in
designing improvements unless otherwise approved by the P &Z.
All plans for the improvement of this area shall be considered by the Planning & Zoning
Commission upon recommendation of the Design Review Board in accordance with Chapter
12, Section 7.21.0 of the College Station Code of Ordinances.
The developer or property owner may submit any improvements to the City for dedication.
Upon acceptance the City will maintain those facilities to the same standards as other public
development along the creek.
uV: Igroupldeve _seryaneVrplanninglxpc ordinance1001 to legal.doc
8/17/01
ORDINANCE NO.
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ORDINANCE NO. ATTACHMENT 1
Page 2 of 2
FIELD NOTES
PARCEL NO. 1
WOLFPEN CREEK PROJECT
Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR
LEAGUE, A -46 in College Station, Brazos County, Texas and being a portion of the 3.847 acre
residual tract conveyed to Dena Beth Kahan and David Lee Kahan by Simon Kahan, Trustee by
Special Warrantee Deed recorded in Volume 3779, Page 82 of the Official Records of Brazos
County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows:
COMMENCING: at a fence corner found marking the most easterly corner of the said 3.847 acre
residual tract, the south corner of the 6.5 acre City of College Station tract described in Volume 389,
Page 28 of the Brazos County Deed Records (B.C.D.R.) and being in the northwest line of Lot 3,
Block 2, SOUTHCREEK PHASE 1 as recorded in Volume 2205, Page 243 (O.R.B.C.);
THENCE: S 44' 07'06" W for a distance of 187.64 feet along the common line of the said 3.847 acre
residual tract and said Lot 3 (called S 42° 02' 54" W) to a set 1/2 -inch iron rod for the west corner
of said Lot 3 and being the POINT OF BEGINNING;
THENCE: S 44° 07'06" W continuing along said common line fora distance of 91.21 feet to a set
1/2 -inch iron rod for corner, said iron rod also being the east corner of the City of College Station
5.04 acre tract described in Volume 1217, Page 687 (O.R.B.C.);
THENCE: N 45° 16'43" W (called N 47° 34'39" W) for a distance of 192.87 feet along the northeast
line of said 5.04 acre tract to a set 1/2 -inch iron rod for corner;
THENCE: S 70° 41' 55" E for a distance of 212.48 feet through the interior of the said 3.847 acre
residual tract to the POINT OF BEGINNING and containing 0.2019 acres (8,796 square feet) of
land, more or less.
I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do
certify that this survey substantially complies with the current Texas Society of Professional
Surveyors Standards and Specifications for a Category 1 B, Condition II Survey.
L
Michael R. McClure, R.P.L.S. #2859
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ORDINANCE NO. ATTACHMENT 2
Page 2 of 2
FIELD NOTES
PARCEL NO.2
WOLFPEN CREEK PROJECT
Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR
LEAGUE, A -46 in College Station, Brazos County, Texas and being part of Lot 2, Block 2 of a
Replat of POST OAK MALL as recorded in Volume 517, Page 689 of the Deed Records of Brazos
County, Texas (B.C.D.R.), said tract being the same land (called 3.357 acres) conveyed to Real
Alchemy I, L.P. by Substitute Trustee's Deeds recorded in Volume 2128, Page 199 and Volume
2128, Page 204 of the Official Records of Brazos County, Texas (O.R.B.C.) and being more
particularly described by metes and bounds as follows:
COMMENCING: at a found 5/8 -inch iron rod marking the south corner of said Lot 2, Block 2,
POST OAK MALL Replat, the southeast corner of Oakway Drive right -of -way (based on a 50'
width) and being in the northwest line of Lot 3, Block 2, SOUTHCREEK PHASE I as recorded in
Volume 2205, Page 243 (O.R.B.C.);
THENCE: N 44' 07'06" E for a distance of 4.26 feet along the common line of said Lot 2, Block
2, POST OAK MALL and said Lot 3, Block 2, SOUTHCREEK PHASE I to a set 1/2 -inch iron rod
marking the north comer of said Lot 3 and being the POINT OF BEGINNING:
THENCE: into the interior of said Lot 2, Block 2, POST OAK MALL for the following three (3)
calls:
1) N 33' 17' 19" E for a distance of 107.08 feet to a set 1/2 -inch iron rod for corner,
2) N 44' 05' 41" E for a distance of 45.84 feet to a set 1/2 -inch iron rod for corner and
3) N 73' 21' 28" E for a distance of 41.23 feet to a set 1/2 -inch iron rod for the most
easterly corner of this tract and being in the southeast line of said Lot 2, Block 2, POST
OAK MALL;
THENCE: S 44' 07'06" W (called S 42' 02'54" W) for a distance of 186.99 feet to the POINT OF
BEGINNING and containing 0.0538 acres (2,343 square feet) of land, more or less.
I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do
certify that this survey substantially complies with the current Texas Society of Professional
Surveyors Standards and Specifications for a Category 1 B, Condition II Survey.
Michael R. McClure, R.P.L.S. #2859
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Page 2 of 2
FIELD NOTES
PARCEL NO. 3
WOLFPEN CREEK PROJECT
Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR
LEAGUE, A -46 in College Station, Brazos County, Texas and being a portion of Lot 5, Block One,
SUTTON PLACE SUBDIVISION as recorded in Volume 401, Page 402 ofthe Brazos County Deed
Records (B.C.D.R.), said lot being part of the same land conveyed to JPJ Investments et at by Clarke
& Wyndham, Inc. by deed recorded in Volume 2194, Page 269 and by Real Alchemy I, L.P. by deed
recorded in Volume 2194, Page 275 of the Official Records of Brazos County, Texas (O.R.B.C.) and
being more particularly described by metes and bounds as follows:
BEGINNING: 1/2-inch iron rod set at the common most southerly corner of Lots 4 and 5, Block One
of said SUTTON PLACE SUBDIVISION, said corner being in the northwest line of a 1.86 acre
tract conveyed to the City of College Station in Volume 2961, Page 346 (O.R.B.C.) and being in the
northwest bank of Wolfpen Creek;
THENCE: S 38' 12'53" W for distance of 169.99 feet along the common line of said Lot 5 (called
S 38' 57' 15" W - 170.00') and said 1.86 acre tract to a 26" Elm Tree for corner;
THENCE: along the southwest line of said Lot 5, said he also being common with the northeast line
of the 6.80 acre tract dedicated to the City of College Station in the Final Plat of SOUTHCREEK
PHASE 1 recorded in Volume 2205, Page 243 (O.R.B.C.) for the following four (4) calls:
1) S 85' 37' 42" W (called S 83 ° 22'04" W) for a distance of 8.13 feet to a set 1/2-inch iron
rod,
2) N 60° 35' 53" W (called N 62° 51' 31" W) for a distance of 21.12 feet to a set 1/2 -inch
iron rod,
3) N 48° 05'39" W (called N 50° 21' 17" W) for a distance of 76.98 feet to a set 1/2-inch
iron rod and
4) N 15° 27'39" W (called N IT 43' 17" W) for a distance of 16.12 feet to a set 1/2 -inch
iron rod, said iron rod marking an angle in the southwest line of Lot 5, being the north
corner of said 6.80 acre tract and the east corner of Lot 2, Block 2, according to the
Replat of POST OAK MALL Subdivision as recorded in Volume 529, Page 17
(B.C.D.R.)
THENCE: N 43'25'56" E for a distance of 188.29 feet through the interior of said Lot 5 to a set 1/2-
inch iron rod for corner, said iron rod also being in the common line of the beforementioned Lots 4
and 5;
THENCE: S 38° 3702" E (called S 40° 52" 40" E) for a distance of 102.23 feet to the POINT OF
BEGINNING and containing 0.4687 acres (20,417 square feet) of land, more or less.
I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas d
certify that this survey substantially complies with the current Texas Society of Professional; /'
Surveyors Standards and Specifications for a Category 1 B, Condition II Survey.
'7 i3 m
Michael R. McClure, R.P.L.S. #2859 J,
ORDINANCE NO.
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ORDINANCE NO. ATTACHMENT 4
Page 2 of 2
FIELD NOTES
PARCEL NO.4
WOLFPEN CREEK PROJECT
Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR
LEAGUE, A -46 in College Station, Brazos County, Texas and being a portion of Lot 4, Block One,
SUTTON PLACE SUBDIVISION as recorded in Volume 401, Page 402 ofthe Brazos County Deed
Records (B.C.D.R.), said lot being part of the same land conveyed to JPJ Investments et al by deed
recorded in Volume 2194, Page 269 and Volume 2194, Page 275 of the Official Records of Brazos
County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows:
BEGINNING: a 1/2 -inch iron rod set at the common most southerly corner of Lots 4 and 5, Block
One of said SUTTON PLACE SUBDIVISION, said corner also being in the northwest line of a 1.86
acre tract conveyed to the City of College Station in Volume 2961, Page 346 (O.R.B.C.);
THENCE: N 38° 37'02" W (called N 40° 52'40" W) along the common line of said Lots 4 and 5 for
a distance of 102.23 feet to a set 1/2 -inch iron rod for corner;
THENCE: N 43° 25' 56" E through the interior of said Lot 4 for a distance of 263.64 feet to a set
1/2 -inch iron rod for corner, said iron rod being in the common line of Lots 3 and 4, Block One of
said SUTTON PLACE SUBDIVISION;
THENCE: S 21* 52'59" E (called S 24° 08'32" E) along said common line for a distance of 93.50
feet to the common most southerly corner of said Lots 3 and 4 and being in the approximate center
line of Wolfpen Creek;
THENCE: along the southeast line of said Lot 4, said line also being common with the northwest line
ofthe 1.86 acre City of College Station tract described in Volume 2961, Page 346 (O.R.B.C.) for the
following three (3) calls:
1) S 37° 38' 10" W (called S 35° 22' 32" W) for a distance of 106.71 feet to a set 1/2 -inch
iron rod,
2) S 41 ° 57'00" W (called S 39° 41'21 " W) for a distance of 100.74 feet to a set 1/2 -inch
iron rod and
3) S 38' 12'53" W (called S 35° 57' 15" W) for a distance of 31.99 feet to the POINT OF
BEGINNING and containing 0.5391 acres (23,485 square feet) of land, more or less.
I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do
certify that this survey substantially complies with the current Texas Society of Professional
Surveyors Standards and Specifications for a Category 1B, Condition II Survey.
Michael R. McClure, R.P.L.S. #2859
ORDINANCE NO.
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ORDINANCE NO.
ATTACHMENT 5
Page 2 of 2
FIELD NOTES
PARCEL NO. 5
WOLFPEN CREEK PROJECT
Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR
LEAGUE, A -46 in College Station, Brazos County, Texas and being .a portion of Lot 3, Block One,
SUTTON PLACE SUBDIVISION as recorded in Volume 401, Page 402 ofthe Brazos County Deed
Records (B.C.D.R.), said lot being the same land conveyed to JPJ Investments et al by Clarke &
Wyndham, Inc. by deed recorded in Volume 2194, Page 269 and by Real Alchemy I, L.P. by deed
recorded in Volume 2194, Page 275 of the Official Records of Brazos County, Texas (O.R.B.C.) and
being more particularly described by metes and bounds as follows:
BEGINNING: at the common most southerly corner of Lots 3 and 4, Block One of said SUTTON
PLACE SUBDIVISION, said corner also being in the northwest line of the 1.86 acre tract conveyed
to the City of College Station in volume 2961, Page 346 (O.R.B.C.);
THENCE: N 21 ° 52'59" W (called N 24' 08'32" W) along the common line of said Lots 3 and 4 for
a distance of 93.50 feet to a set 1/2 -inch iron rod for corner;
THENCE: N 43° 25'56" E for a distance of 92.46 feet to a set 1/2 -inch iron rod for corner and
N 73° 51'21" E for a distance of 169.21 feet through the interior of said Lot 3 to a set 1/2-
inch iron rod for corner, said iron rod also being in the common lot line of Lots 1 and 3, Block One
of said SUTTON PLACE SUBDIVISION;
THENCE: S 10° 18' 17" E (called S 12' 33'56" E) for a distance of 56.80 feet to the common most
southerly corner of said Lots 1 and 3, said iron rod also marking an angle in the north line of the
Resubdivision ofLot 1, Block "B ", EASTMARK SUBDIVISION, PHASE II as recorded in Volume
579, Page 343 (B.C.D.R.);
THENCE: S 73' 2 P 16" W (called S 71 ° 01' 44" W) for a distance of 146.29 feet to an angle in the
south line of said Lot 3, said iron rod also being the north corner of the beforementioned 1.86 acre
City of College Station tract;
THENCE: S 30° 41'50" W (called S 28° 28'34" W) for a distance of 119.98 feet to the POINT OF
BEGINNING and containing 0.3714 acres (16,177 square feet) of land, more or less.
I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do
certify that this survey substantially complies with the current Texas Society of Professional
Surveyors Standards and Specifications for a Category 1 B, Condition II Survey.
Michael R. McClure, R.P.L.S. #2859
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ORDINANCE NO.
ATTACHMENT 6
Page 2 of 2
FIELD NOTES
PARCEL NO. 6
WOLFPEN CREEK PROJECT
Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR
LEAGUE, A -46 in College Station, Brazos County, Texas and being a portion of Lot 1, Block One,
SUTTON PLACE SUBDIVISION as recorded in Volume 401, Page 402 ofthe Brazos County Deed
Records (B.C.D.R.), said lot being the same land conveyed to JPJ Investments et al by Clarke &
Wyndham, Inc. by deed recorded in Volume 2194, Page 269 and by Real Alchemy I, L.P. by deed
recorded in Volume 2194, Page 275 of the Official Records of Brazos County, Texas (O.R.B.C.) and
being more particularly described by metes and bounds as follows:
BEGINNING: at the east corner of said Lot 1, Block One, SUTTON PLACE SUBDIVISION, the
northeast corner of the Resubdivision of Lot 1, Block "B ", EASTMARK SUBDIVISION, PHASE
II as recorded in Volume 579, Page 343 (B.C.D.R.) and being in the southwest right -of -way line of
State Highway No. 6 (East Bypass);
THENCE: along the common line of said SUTTON PLACE and EASTMARK Subdivisions for the
following four (4) calls, said line being approximately along the meanders of Wolfpen Creek:
1) S 73' 22'46" W for a distance of 142.31 feet (called S 71' 07'08" W - 141.33'),
2) S 33' 59'05" W for a distance of 89.14 feet (called S 31' 43'27" W) to a set 1/2 -inch
iron rod,
3) S 61' 23'26" W for a distance of 111.12 feet (called S 59' 07'48" W and
4) N 41' 14'27" W (called N 43' 30'05" W) for a distance of 119.65 feet to the common
most southerly corner of Lots 1 and 3 of SUTTON PLACE SUBDIVISION for corner;
THENCE: N 10' 18' 17" W (called N 12' 33'56" W) for a distance of 56.80 feet along said common
line of Lots 1 and 3 to a set 1/2 -inch iron rod for corner;
THENCE: N 73' 5 P21 " E for a distance of 36.26 feet to a set chiseled "X" mark in concrete in the
southwest line of a 2.548 acre tract conveyed to Aqua Rica, Ltd. et al in Volume 3605, Page 277
(O.R.B.C.);
THENCE: S 28' 35'08" E (called S 30' 32' 16" E) for a distance of 20.04 feet to a found "V" mark
in concrete for corner, said mark also being the south corner of the said 2.548 acre tract;
THENCE: N 43' 3644" E for a distance of 317.78 feet (called N 41' 28'36" E - 318.01') along the
southeast line of said 2.548 acre tract for the most northerly corner of this tract, said corner being in
the southwest right -of -way line of said State Highway 6 (East Bypass) and from whence a found
chiseled "V" mark in concrete bears N 43' 36' 44" E at a distance of 0.33 feet;
THENCE: S 28' 33'23" E (called S 30' 38'57" E) for a distance of 22837 feet to the POINT OF
BEGINNING and containing 1.367 acres (59,531 square feet) of land, more or less.
I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do
certify that this survey substantially complies with the current Texas Society of Professional
Surveyors Standards and Specifications for a Category 1B, Condition II Survey.
,I , r ��. ��Am
Michael R. McClure, R.P.L.S. #2859
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ORDINANCE NO. ATTACHMENT 7
Page 2 of 2
FIELD NOTES
PARCEL NO. 8
WOLFPEN CREEK PROJECT
Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR
LEAGUE, A -46 in College Station, Brazos County, Texas and being all of Lot 1, Block "B" of
EASTMARK SUBDIVISION, PHASE II according to the Resubdivision Final Plat recorded in
Volume 579, Page 343 of the Deed Records of Brazos County, Texas (B.C.D.R.) and being more
particularly described by metes and bounds as follows:
BEGINNING: at a found 1/2 -inch iron rod marking the common most easterly corner of said Lot 1
and Lot 2R -1, Block "B" according to the Resubdivision Final Plat recorded in Volume 757, Page
338 of the Official Records of Brazos County, Texas (O.R.B.C.), said iron rod also being in the
southwest right -of -way line of State Highway No. 6 (East Bypass);
THENCE: S 57' 34'32" W (called S 55° 27'50" W) along the common line of said Lot 1 and said
Lot 2R -1 for a distance of 474.47 feet to a set 1/2 -inch iron rod for corner;
THENCE: N 32' 25' 29" W (called N 34' 32' 10" W) for a distance of 377.61 feet along the
southwest line of said Lot 1, said line also being common with the northeast line of the University
Commons College Station, Phase III tract described in Volume 2736, Page 244 (O.R.B.C.) and the
City of College Station 1.86 acre tract described in Volume 2961, Page 346 (O.R.B.C.) to the west
corner of said Lot 1, said corner also marking an angle in the southeast margin of SUTTON PLACE
ADDITION, as described in Volume 401, Page 402 (B.C.D.R.);
THENCE: along the southeast margin of said SUTTON PLACE ADDITION and approximately
along Wolfpen Creek for the following five (5) calls:
1) N 73' 21' 16" E for a distance of 146.29 feet (called N '11' 04' 25" E - 146.35'),
2) S 41 14'27" E for a distance of 119.65 feet (called S 43' 27'24" E),
3) N 61' 23'26" E for a distance of 111.12 feet (called N 59' 10'29" E) to a 1/2 -inch iron
rod set,
4) N 33' 59'05" E for a distance of 89.14 feet (called N 31' 46'08" E) and
5) N 73° 22' 46" E for a distance of 142.31 feet (called N 71° 29' 16" E - 142.14 to the
most northeasterly corner of this tract;
THENCE: S 28° 33'23" E (called S 30' 40'05" E) along the said State Highway No. 6 right -of -way
for a distance of 209.60 feet to the POINT OF BEGINNING and containing 2.939 acres (128,011
square feet) of land, more or less.
I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do
certify that this survey substantially complies with the current Texas Society of Professional
Surveyors Standards and Specifications for a Category 1 B, Condition II Survey.
Michael R. McClure, R.P.L.S. #2859
IIICHA .•....
........... ..........
FILE COPY o � �o .
ORDINANCE NO. 2504
AN ORDINANCE AMENDING CHAPTER 1, "GENERAL PROVISIONS ", SECTION 29,
"CEMETARY RULES AND REGULATIONS ", OF THE CODE OF ORDINANCES OF THE
CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET
OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 1, "General Provisions ", Section 29, "Cemetery Rules and
Regulations ", of the Code of Ordinances of the City of College Station, Texas, be
amended as set out in Exhibit "A ", attached hereto and made a part of this
ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not less than Twenty -five Dollars ($25.00) nor
more than Five Hundred Dollars ($500.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its
passage by the City Council, as provided by Section 35 of the Charter of the City
of College Station.
PASSED, ADOPTED and APPROVED this 9th day of August, 2001.
APPROVED:
e
LTNN V cILHANEY, Mayor
ATTEST:
Connie Hooks, City Secretary
APPROVED:
.0
City Attorn
01group 1legal /ordinance %hap- sec29. doc
ORDINANCE NO. 2504
EXHIBIT "A"
Page 2
That Chapter 1, "General Provisions ", Section 29, "Cemetery Rules and Regulations ", of the
Code of Ordinances of the City of College Station, Texas, is hereby amended by adding or
amending the sections as set out hereafter:
add paragraph (5) to subsection A. General of Section 29, "Cemetery Rules and
Regulations ", to read as follows:
"(5) The Shiloh and Salem portions of the College Station cemetery are closed
to future burials except in those spaces which are clearly identified as
available by the Cemetery Sexton. The term "clearly identifiable" means
by headstones, curbing, or other physical and visual indicators or
demarcations. If a family member is interred, and space in the proximity
is available, the Cemetery Sexton may allow the space to be used. If an
available space is not locatable, then other alternate locations will have to
be sought other than the Shiloh and Salem portions of the cemetery."
2. amend subsection E. Purchase Options to Section 29 "Cemetery Rules and
Regulations ", to read as follows:
"E. PURCHASE OPTIONS
(1) Standard Space: A standard space is 5' x 10'; herein referred to as a
space.
(2) Babyland and Section O: Infant spaces are 4' x 5'; herein referred to
as a space.
(3) Cremate only spaces: Designated cremate only spaces in Section LR
are 2.5' x 2.5'; herein referred to as a space.
(4) Price: The price of all spaces shall be established by resolution of
the City Council, and amended as necessary, upon recommendation
of the Cemetery Committee.
(5) Purchasers are limited to one space per each interment, except that
two cremates shall be allowed in a single standard space.
Combinations of casket burials and cremates shall not be allowed in
a single standard space. There shall be only one cremate remain
burial per designated cremate space in Section LR."
vc1u:1ordinanceslchap1 -sec29 rev jan 01.doc
8/23/01
ORDINANCE NO. 2504
Page 3
3. add paragraph (8) to subsection K. Monuments, Headstones and Markers of
Section 29 "Cemetery Rules and Regulations ", to read as follows:
"(8) Monuments for the designated cremate only spaces in Section LR shall
not exceed twenty -eight inches (28 ") in length nor sixteen inches (16 ") in
width, and shall be set flush with the ground. The back of the monument
shall be set on the head line of the space and equidistant from the side
boundaries. There shall be only one monument per designated cremate
only space and no other markers shall be allowed."
vcW lordinanceslchapl- sec29revjan01.doc
8123/01
FILE COPY 61-136
ORDINANCE NO. 2506
AN ORDINANCE AMENDING CHAPTER 1, "GENERAL PROVISIONS ", SECTION 29,
"COLLEGE STATION CEMETERY RULES AND REGULATIONS ", OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING
SUBSECTION O, PROVIDING FOR AN APPLICATION PROCESS WHEREBY A
CHARITABLE NON - PROFIT CORPORATION MAY REQUEST APPROVAL TO
ESTABLISH A CEMETERY, CREMATORY OR MAUSOLEUM WITHIN THE
BOUNDARIES OF THE CITY OF COLLEGE STATION, AS SET OUT BELOW;
PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND AN
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 1, "General Provisions ", Section 29, "College Station Cemetery
Rules and Regulations ", of the Code of Ordinances of the City of College Station,
Texas, be amended as set out in Exhibit "A ", attached hereto and made a part of
this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not less than Twenty -five Dollars ($25.00) nor more than
Five Hundred Dollars ($500.00). Each day such violation shall continue or be
permitted to continue, shall be deemed a separate offense. Said Ordinance, being a
penal ordinance, becomes effective ten (10) days after its date of passage by the
City Council, as provided by Section 35 of the Charter of the City of College
Station.
PASSED, ADOPTED and APPROVED this 9th day of August, 2001.
ATTEST:
C15WIE HOOKS, City Secretary
APPROVED:
City Attor e'
APPROVED:
LYNN McILHANEY, Mayor
O/ group /legallordinance/amendmen y- orm.doc
ORDINANCE NO. 2506
EXHIBIT "A"
Page 2
That Chapter 1, "General Provisions ", Section 29, "College Station Cemetery Rules and
Regulations ", of the Code of Ordinances of the City of College Station, Texas, is hereby
amended, by adding subsection O, as set out hereafter to read as follows:
"O. REQUEST TO ESTABLISH CEMETERIES CREMATORIES OR MAUSOLEUMS
WITHIN THE CITY LIMITS
1. Cemeteries, crematories and mausoleums, because of their similarity to park use
shall be treated as a park use and shall be a permitted use in any zoning district
within the City of College Station subject to approval by the College Station City
Council.
2. An application to establish a cemetery, crematory or mausoleum may be made by
any non -profit corporation. This application shall include the following:
(a) Name, address and telephone number of the applican
(b) Name, address and telephone number of the applicant's authorized
agent, if any
(c) Property location (street address) and legal description
(d) A sworn affidavit, executed by the applicant or applicant's
authorized agent, stating that:
(1) The proposed establishment or use of the property as a
cemetery, crematory or mausoleum will be in compliance
with all applicable codes and ordinances of the City of
College Station.
(2) The proposed establishment or use of the property as a
cemetery, crematory or mausoleum will be in accordance
with all applicable state and local laws and regulations,
including but not limited to Chapters 711 and 712 of the
Texas Health and Safety Code.
(3) The proposed establishment or use of the property as a
cemetery, crematory or mausoleum will not adversely affect
the public health, safety or welfare.
(4) Above ground crypts shall be floodproofed and restrained in
such a manner as to resist flotation and lateral movement.
(5) Upright headstones shall be restrained in such a manner to
resist lateral movement produced by floodwaters.
culo: lgroupllegallordinanctchapl -sec29 establish cemetery.doc
8/28101
ORDINANCE NO. 2506
(6) Below ground vaults shall be secured in such a manner to
prevent flotation from ground water pressure. Vault lids
shall be attached in such a manner to prevent separation.
3. In addition, the application shall include a site plan showing the following:
(a) Site layout
(b) Internal circulation
(c) Site access (ingress and egress)
(d) Interment areas
(e) Any planned improvements, including but not limited to, structures,
landscaping, irrigation, walkways, parking areas, maintenance
shops, chapels etc.
Page 3
4. Any applicant, as a condition of granting this application, shall protect, indemnify
and hold harmless the City of College Station, it's officers and employees against
all claims, suits, causes of action in any way arising out of the granting of this
application, directly or indirectly. This provision is not intended to create and shall
not create liability for the benefit of third parties, but is solely for the benefit of the
City of College Station, its officers and employees.
Upon commencement of any suit or proceeding at law or in equity against the City
of College Station, its' officers and employees related to the application granted
herein, the City shall give the applicant reasonable notice of such suit or
proceeding, whereupon the applicant shall provide a defense to such suit or suits,
including any and all appellate proceedings brought in connection therewith, and
pay any judgment or costs that may be rendered against the City of College
Station, its officers and employees by reason of said suit.
Upon failure of applicant to comply with the defense of the suit, after reasonable
notice to applicant by the City, the City of College Station shall have the right to
defend the same and in addition to being reimbursed for any such judgment that
may be rendered against the City of College Station, is officers and employees,
together with all court costs incurred therein, the applicant shall reimburse the City
for attorney's fees, including any attorney employed by the City of College Station
in such case or cases, as well as all expenses, fees, or costs incurred by the City by
reason of undertaking the defense of such suit or suits, whether such suit or suits
are successfully defended, settled, compromised or fully adjudicated against the
City, its officers and employees.
In the event the City of College Station is compelled to undertake the defense of
any suit by reason of the applicant's failure to perform as provided herein, the City
of College Station shall have the full right and authority to make or enter into any
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ORDINANCE NO. 2506
Page 4
settlement or compromise of such adjudication as the governing body shall deem is
in the best interest of the City, including the cancellation of applicant's approved
application for cemetery, crematory or mausoleum, without prior approval or
consent of the applicant. Such right of cancellation shall terminate upon the first
interment at a cemetery, crematory or mausoleum where an application had been
granted pursuant to this ordinance.
In defense of any litigation, the City of College Station shall require the applicant
to present on the City's, its officers and employees' behalf, and in the City's name,
any and all defenses that are available, including but not limited to sovereign and
qualified immunity.
5. In order for any application to be approved, the City Council of the City of College
Station shall find that the use of the proposed property does not adversely affect
public health, safety and welfare and the property is located in an area with limited
urban growth potential.
6. No application shall be accepted after December 1, 2001."
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ORDINANCE NO. _
AN ORDINANCE AMENDING CHAPTER 1, "GENERAL PROVISIONS ", SECTION 29,
"COLLEGE STATION CEMETERY RULES AND REGULATIONS ", OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING SUBSECTION
O, PROVIDING FOR AN APPLICATION PROCESS WHEREBY A CHARITABLE NON-
PROFIT CORPORATION MAY REQUEST APPROVAL TO ESTABLISH A CEMETERY,
CREMATORY OR MAUSOLEUM WITHIN THE BOUNDARIES OF THE CITY OF COLLEGE
STATION, AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A
PENALTY; AND AN PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 1, "General Provisions ", Section 29, "College Station Cemetery Rules
and Regulations ", of the Code of Ordinances of the City of College Station, Texas, be
amended as set out in Exhibit "A ", attached hereto and made a part of this ordinance
for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not less than Twenty -five Dollars ($25.00) nor more than Five
Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to
continue, shall be deemed a separate offense. Said Ordinance, being a penal
ordinance, becomes effective ten (10) days after its date of passage by the City
Council, as provided by Section 35 of the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this day of , 2001.
APPROVED:
LYNN McILHANEY, Mayor
ATTEST:
Connie Hooks, City Secretary
APPROVED:
City Attow
ORDINANCE NO.
EXHIBIT "A"
Page 2
That Chapter 1, "General Provisions ", Section 29, "College Station Cemetery Rules and
Regulations ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended,
by adding subsection O, as set out hereafter to read as follows:
O. REQUEST TO ESTABLISH CEMETERIES CREMATORIES OR MAUSOLEUMS
WITHIN THE CITY LMTS
1. Cemeteries, crematories and mausoleums, because of their similarity to park use shall be
treated as a park use and shall be a permitted use in any zoning district within the City of
College Station subject to approval by the College Station City Council.
2. An application to establish a cemetery, crematory or mausoleum may be made by any
non -profit corporation. This application shall include the following:
a) Name, address and telephone number of the applicant
b) Name, address and telephone number of the applicant's authorized agent, if any,
c) Property location (street address) and legal description
d) A sworn affidavit, executed by the applicant or applicant's authorized agent, stating
that:
1) The proposed establishment or use of the property as a cemetery, crematory or
mausoleum will be in compliance with all applicable codes and ordinances of the
City of College Station.
2) The proposed establishment or use of the property as a cemetery, crematory or
mausoleum will be in accordance with all applicable state and local laws and
regulations, including but not limited to Chapters 711 and 712 of the Texas
Health and Safety Code.
3) The proposed establishment or use of the property as a cemetery, crematory or
mausoleum will not adversely affect the public health, safety or welfare.
4) Above ground crypts shall be floodproofed and restrained in such a manner as to
resist flotation and lateral movement.
5) Upright headstones shall be restrained in such a manner to resist lateral movement
produced by floodwaters.
6) Below ground vaults shall be secured in such a manner to prevent flotation from
ground water pressure. Vault lids shall be attached in such a manner to prevent
separation.
3. In addition, the application shall include a site plan showing the following:
a) Site layout
b) Internal circulation
ORDINANCE NO.
Page 3
c) Site access (ingress and egress)
d) Internment areas
e) Any planned improvements, including but not limited to, structures, landscaping,
irrigation, walkways, parking areas, maintenance shops, chapels etc.
4. Any applicant, as a condition of granting this application, shall protect, indemnify and
hold harmless the City of College Station, it's officers and employees against all claims,
suits, causes of action in any way arising out of the granting of this application, directly or
indirectly. This provision is not intended to create and shall not create liability for the
benefit of third parties, but is solely for the benefit of the City of College Station, its
officers and employees.
Upon commencement of any suit or proceeding at law or in equity against the City of
College Station, its' officers and employees related to the application granted herein, the
City shall give the applicant reasonable notice of such suit or proceeding, whereupon the
applicant shall provide a defense to such suit or suits, including any and all appellate
proceedings brought in connection therewith, and pay any judgment or costs that may be
rendered against the City of College Station, its officers and employees by reason of said
suit.
Upon failure of applicant to comply with the defense of the suit, after reasonable notice to
applicant by the City, the City of College Station shall have the right to defend the same
and in addition to being reimbursed for any such judgment that may be rendered against
the City of College Station, is officers and employees, together with all court costs
incurred therein, the applicant shall reimburse the City for attorney's fees, including any
attorney employed by the City of College Station in such case or cases, as well as all
expenses, fees, or costs incurred by the City by reason of undertaking the defense of such
suit or suits, whether such suit or suits are successfully defended, settled, compromised or
fully adjudicated against the City, its officers and employees.
In the event the City of College Station is compelled to undertake the defense of any suit
by reason of the applicant's failure to perform as provided herein, the City of College
Station shall have the full right and authority to make or enter into any settlement or
compromise of such adjudication as the governing body shall deem is in the best interest
of the City, including the cancellation of applicant's approved application for cemetery,
crematory or mausoleum, without prior approval or consent of the applicant. Such right
of cancellation shall terminate upon the first interment at a cemetery, crematory or
mausoleum where an application had been granted pursuant to this ordinance.
In defense of any litigation, the City of College Station shall require the applicant to
present on the City's, its officers and employees' behalf, and in the City's name, any and all
defenses that are available, including but not limited to sovereign and qualified immunity.
ORDINANCE NO.
Page 4
5. In order for any application to be approved, the City Council of the City of College
Station shall find that the use of the proposed property does not adversely affect public
health, safety and welfare and the property is located in an area with limited urban growth
potential.
6. No application shall be accepted after December 1, 2001.