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HomeMy WebLinkAboutMisc. ~ ~ Gd L i c2. F Inc ate. •r~.~ t.L~E€ C~ AGENDA ITEM COVER SHEET ITEM SUBMITTED BY: Cathy Locke, City Attorney FOR COUNCIL MEETING OF: Wednesday, July 22, 1992 DIRECTOR APPROVAL EXECUTIVE TEAM MEMBER APPROVAL ITEM: CONSIDERATION OF AN ORDINANCE VACATING AND ABANDONING A PORTION OF AN ALLEYWAY LOCATED BEHIND THE COLLEGE HILLS ESTATES SHOPPING VILLAGE IN THE CITY OF COLLEGE STATION, TEXAS. ITEM SUMMARY: Joe Fontana has filed an Application for the Abandonment of a portion of the dedicated alleyway that runs be- hind his property in the College Hills Estate Shopping Village at the corner of Texas Avenue and Walton Drive. FINANCIAL SUMMARY: N/A STAFF RECOMMENDATIONS: Staff has reviewed this Application for Abandonment and has denied the request for the following reasons: 1. Water and Wastewater state there is a sewer line located in the alley. 2. Public Services states that solid waste collection service is provided through the alley and if it were abandoned, the trash trucks would have no way to pro- vide trash services to the other property owners be- cause the trucks could not turn around. Currently, the trucks drive through this alley. 3. Lone Star Gas stated that there is a gas line located in the alley. Neither Fire nor Police would be negatively affected by the abandonment. CITY ATTORNEY RECOMMENDATION: There has been an implied dedication of a part of the alley. COUNCIL ACTION DESIRED: Denial SUPPORTING MATERIALS: 1. Application for Abandonment 2. Diagram js/a/fontana2 AGENDA ITEM COVER SHEET ITEM SUBMITTED BY: Cathy Locke, City Attorney FOR COUNCIL MEETING OF: Thursday, August 13, 1992 DIRECTOR APPROVAL EXECUTIVE TEAM MEMBER APPROVAL ITEM: CONSIDERATION OF AN ORDINANCE VACATING AND ABANDONING A PORTION OF AN ALLEYWAY LOCATED BEHIND THE COLLEGE HILLS ESTATES SHOPPING VILLAGE IN THE CITY OF COLLEGE STATION, TEXAS. ITEM SUMMARY: Joe Fontana has filed an Application for the Abandonment of a portion of the dedicated alleyway that runs be- hind his property in the College Hills Estate Shopping Village at the corner of Texas Avenue and Walton Drive. This application was on the last Council Agenda, but Mr. Fontana was inadvertently advised of the wrong meeting time and, consequently, was not at the meeting to state his case. He has requested that this be placed on the agenda again so that he can be heard. FINANCIAL SUMMARY: N/A STAFF RECOMMENDATIONS: Staff has reviewed this Application for Abandonment and has denied the request for the following reasons: 1. Water and Wastewater state there is a sewer line located in the alley. 2. Public Services states that solid waste collection service is provided through the alley and if it were abandoned, the trash trucks would have no way to pro- vide trash services to the other property owners be- cause the trucks could not turn around. Currently, the trucks drive through this alley. 3. Lone Star Gas stated that there is a gas line located in the alley. Neither Fire nor Police would be negatively affected by the aban- donment. CITY ATTORNEY RECOMMENDATION: There has been an implied dedication of a part of the alley. COUNCIL ACTION DESIRED: Denial SUPPORTING MATERIALS: 1. Application for Abandonment 2. Diagram js/a/fontana2 APPLICATION FOR THE VACATION OF A PUBLIC ALLEY IN THE CITT OF COLLEGE STATION LOCATED AT 1037 South Texas Avenue, College Station, Texas, DATE: June 3, 1992 TO THE MAYOR AND CITY COUNCIL OF THE CITY OF COLLEGE STATION: The undersigned hereby make application for the vacation of that portion of the above alley particularly described in Exhibit No. 1, attached.. In support of this application, the undersigned represent and warrant the following: 1. The undersigned will hold the City of College Stati6harmless, and indemnify it against all suits, costs, expenses, and damages that may arise or grow out of such vacation. 2. Attached, marked Exhib'.t No. 1, is a legal description of the alley, to to vacated, prepared by a Registered Public Surveyor. 3. Attached, marked ExhiLit No. 2, Ls a plat or sketch of that portion of the alley to be vacated and the surrounding area to the nearest streets in all directions, showing the abutting lots and block, and the subdivision in which the above described alley is situated, together with the record owners of such lots; 4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the vacation; 5.. Attached, marked Exhibit No. u, is the consent of all the abutting property owners, except the following: (if none, so state) 6. Such alley should be vacated because: There are no utilities in the alley and traffic is using the alley o respass on e a. I aJ b-nY -prop 7. Such alley ha ihcen and is being used as follows: The alley has not been used in the past and is not being used now except by traffic as a short cut across private property to Texas Ave. I swear that all of the information contained in this application is true and correct to the best of my knrruledge and belief. ppli ants Sig ature 42/11/v 77,?10 0/o~ X96- 607 itn ss Application to Vacate Public Alley DOU BIT NO. 1 Being that portion of that certain public alley situated in College Hills Shopping Village Addition to the City of College Station..3razos County. Texas, and being more particularly described as follows: See attached description prepared by Martin L. Riley, Jr., R.P.L.S. No. 4089. APPLICATION FOR THE VACATION OF A. PUBLIC ALLEY IN THE CITY OF COLLEGE STATION LOCATED AT 1037 South Texas Avenue, College Station, Texas, DATE: June 3, 1992 TO THE MAYOR AND CITY COUNCIL OF THE CITY OF COLLEGE STATION: The undersigned hereby make application for the vacation of that portion of the above alley particularly described in Exhibit No. 1,. attached.. In support of this application, the undersigned represent and warrant the following: 1. The undersigned will hold the City of College Statid:h harmless, and indemnify it against all suits, costs, expenses, and damages that may arise or grow out of such vacation. 2. Attached, marked Exhib'.t No. 1, is a legal description of the alley', to be vacated, prepared by a Registered Public Surveyor. 3. Attached, marked Exhibit No. 2, is a plat or sketch of that portion of the alley to be vacated and the surrounding area to the nearest streets in all directions, showing the abutting lots and block, and the subdivision in which the above described all-ey is situated, together with the record owners of such lots; Attached, marked Exhibit No. 3, is the consent of all public utilities to the vacation; i 5.. Attached, marked Exhibit No. u, is the consent of all the abutting property owners, except the following: (if none, so state) 6. Such alley should be vacated because: There are no utilities in the alley and traffic is using.the alley o respass on e a jac:en prope_ T. Such alley has bcen and is being used as follows: The alley has not been used in the past and is not being used now except by traffic as a short cut across private property to Texas Ave. I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief. ppli ants Sig tune 779yo 101) 411?6 - 6 0' 7~ itn ss i Application to Vacate Public Alley ID(H I B I T NO. 1 Being that portion of that certain public alley situated In College Hills Shopping Village Addition to the City of College Station,.3razos County. Texas, and being more particularly described as follows: See attached description prepared by Martin L. Riley, Jr., R.P.L.S. No. 4089. PUBLIC ALLEY TO BE VACATED PART OF COLLEGE HILLS ESTATES SIIOPPTNG VTLf,AGE COLLEGE STATION BRAZOS COUNTY, TEXAS FIELD NOTES of a tract or parcel of land lying and being situated in the J. E. Scott League, A-50, College Station, Brazos County, Texas, and being part of the dedicated alley shown on the Recorded Plat of College Hills Estates Shopping!Village, said plat being recorded in Volume 102, Page 93, of the Deed Rocords.of Brazos County, Texas, and being part of the tract of land conveyed to Joe Fontana by A. G. Pfaff in the Deed recorded in Volume 285, Page 285, of the Deed Records of Brazos County, Texas, said tract being more particularly described as follows: BEGINNING at the northeast corner of the Lot 9, same being the south- east corner of the Lot 10, said point being located in the southwest line of a public alley, said point being located in the northwest line of the Joe Fontana Tract; THENCE in a southerly direction along the northeast lines of the Lot 9, Lot 8,Lot 7 and Lot 6 , same being the southwest line of the public alley, for a distance-of 71.20 feet to a point for corner, said point mark- ing the southeast corner of the Lot 6, said point marking the southwest corner of the dedicated alley, said point being located in the northwest line of the Lot 5; THENCE in a northeasterly direction along the southeast line of the dedicated alley, same being the northwest line of the Lot 5, for a dist- ance of 20.0 feet to a point for the southeast corner of the dedicated alley; THENCE in a,northerly'-direction along the northeast line of the dedicated alley for a distance of 68.4 feet to a point for corner, said point being located in the northwest line of the Joe Fontana Tract, said point marking the southwest corner of the Acme Glass Co. Tract; THENCE is a southwesterly direction across the dedicated alley and along the northwest line of the Joe Fontana Tract for a distance of 20.0 feet to the PLACE OF BEGINNING of the herein described tract. ,dg,OF TF PREPARED FROM DEED DESCRIPTIONS AND RECORDED PLATS ~~•.o~srfq.• UNE, 1992 MARTIN L LEY.t 1~t s •<'qq 4089 ~0~•°.yEss:0 Martin L. Riley, Jr., R.P.L.S. No. 089 SU Exhibit "A" Application to Vacate Public Alley OOH I B IT NO. 2 The following is a plat or sketch of the public alley sought to be vacated in the above numbered application. showing the surrounding area to the nearest streets in all directions. abutting lots, the block or blocks in which the portion of the public alley sought to be vacated is situated. and the addition or additions in which the portion of the public alley sought to be vacated is situated. Also. the names of record owners of the abutting lots are shown. See attached sketch prepared by Martin L.-Riley, Jr., R.P-.L.S. No. 4089. Coll e, k I llJ s -a1 art b r 5C- a.1c. I Vu Ac. o •~wi GLASS r, IV 8, - - - • ~ - . chi ~ - ~ ~ ~ / ' ,-W 61 , 71, N TA - Vol. `'.285 l~j• 285 c~ t zila.~, Kcn~~ +lct,_ q. Application to Vacate Public.Alley DUiI}31T NO. 3 The undersigned public utility companies, using or entitled to use. under the terms and provisions of our respective franchises with the City of College Station, that portion of the public alley sought to be vacated in the Application to Vacate Public Alley above referred to, do hereby consent to the vacation and abandonment of the described portion of such public alley: LONE STAR GAS MTANY GENERAL MEPHONE C(:NTANY BY: BY: 1 tirt p~ J~I~,tJ Title Title BY: 6- e Title The undersigned. City Engineer for the City of College Station, certify that I have carefully considered the Application to Vacate Public Alley above referred to from the standpoint of present and future needs of the City of College Station with respect to traffic and city utilities. and I see no objection to the requested vacation from the City's standpoint. City Engineer City of Coleege Station PUBLIC ALLEY TO BE VACATED PART OF COLLEGE HILLS ESTATES S110PPTNG VTLI,AGE COLLEGE STATION BRAZOS COUNTY, TEXAS FIELD NOTES of a tract or parcel of land lying and being situated in the J. E. Scott League, A-50, College Station, Brazos County, Texas, and being part of the dedicated alley shown on the Recorded Plat of College Hills Estates Shopping;Village, said plat being recorded in Volume 102, Page 93, of the Deed Records of Brazos County, Texas, and being part of the tract of land conveyed to Joe Fontana by A. G. Pfaff in the Deed recorded in Volume 285, Page 285, of the Deed Records of Brazos County, Texas, said tract being more particularly described as follows: BEGINNING at the northeast corner of the Lot 9, same being the south- east corner of the Lot 10, said point being located in the southwest line of a public alley, said point being located in the northwest line of the Joe Fontana Tract; THENCE in a southerly direction along the northeast lines of the Lot 9, Lot 8,Lot 7 and Lot 6 , same being the southwest line of the public alley, for a distance-of 71.20 feet to a point for corner, said point mark- ing the southeast corner of the Lot 6, said point marking the southwest corner of the dedicated alley, said point being located in the northwest line of the Lot 5; THENCE in a northeasterly direction along the southeast line of the dedicated alley, same being the northwest line of the Lot 5, for a dist- ance of 20.0 feet to a point for the southeast corner of the dedicated alley; THENCE in a. northerly direction along the northeast line of the dedicated alley for a distance of 68.4 feet to a point for corner, said point being located in the northwest line of the Joe Fontana Tract, said point marking the southwest. corner of the Acme Glass Co. Tract; THENCE is a southwesterly direction across the dedicated alley and along the northwest line of the ,Joe Fontana Tract for a distance of 20.0 feet to the PLACE OF BEGINNING or the herein described tract. .OFPREPARED FROM DEED DESCRIPTIONS AND RECORDED PLATS o~ s 'r r 4C UNE, 1992 NMNNN...N..NN.N.. MARTIN R LEY 1~t. " 6o 4089 .0 Martin L. Riley, Jr., R.P.L.S. No. 089 :,°1c sua Exhibit "A" PUBLIC ALLEY TO BE VACATED PART OF COLLEGE HILLS ESTATES SI[OPPTNG VTT,T,AGE COLLEGE STATION BRAZOS COUNTY, TEXAS FIELD NOTES of a tract or parcel of land lying and being situated in the J. E. Scott League, A-50, College Station, Brazos County, Texas, and being part of the dedicated alley shown on the Recorded Plat of College Hills Estates Shopping Village, said plat being recorded in Volume 102, Page 93, of the Deed Records of Brazos County, Texas, and being part of the tract of land conveyed to Joe Fontana by A. G. Pfaff in the Deed recorded in Volume 285, Page 285, of the Deed Records of Brazos County, Texas, said tract being more particularly described as follows: BEGINNING at the northeast corner of the Lot 9, same being the south- east corner of the Lot 10, said point being located in the southwest line of a public alley, said point being located in the northwest line of the Joe Fontana Tract; THENCE in a southerly direction along the northeast lines of the Lot 9, Lot 8,Lot 7 and Lot 6 , same being the southwest line of the public alley, for a distance,of 71.20 feet to a point for corner, said point mark- ing the southeast corner of the Lot 6, said point marking the southwest corner of the dedicated alley, said point being located in the northwest line of the Lot 5; THENCE in a northeasterly direction along the southeast line of the dedicated alley, same being the northwest line of the Lot 5, for a dist- ance of 20.0 feet to a point for the southeast corner of the dedicated alley; THENCE in a. northerly direction along the northeast line of the dedicated alley for a dis~_ance of 68.4 feet to a point for corner, said point being located in the northwest line of the Joe Fontana Tract, said point marking the southwest corner_ of the Acme Glass Co. Tract; THENCE is a southwesterly direction across the dedicated alley and along the northwest line of the Joe Fontana Tract for a distance of 20.0 feet to the PLACE OF BEGINNING OT the herein described tract. OF T PREPARED FROM DEED DESCRIPTIONS AND RECORDED PLATS ,`P1•'a~sTFq•F.~~-- ANE, 1992 •NNNN• V NN MARTIN L. RILEY~MO. r •N••NNNWNWN•••••M U&~ , - && 4' 4089 Q 9 ~2••°.;Ess~°?:~~ Martin L. Riley, Jr., R.P.L.S. No. 089 suay Application to Vacate Public Alley LCIiIBIT NO. 2 The following is a plat or sketch of the public alley sought to be vacated in the above numbered application, showing the surrounding area to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the public alley sought to be vacated is situated, and the addition or additions in which the portion of the public alley sought to be vacated is situated. Also. the names of record owners of the abutting lots are shown. See attached sketch prepared by Martin L._Riley, Jr., R.P.L.S. No. 4089.