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HomeMy WebLinkAbout10-00500270- 00076331Doc 8k Vol P9 01082330 OR 10010 81 ORDINANCE NO. Tai i-sing AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 2.06 ACRE PORTION OF OLD ROCK PRAIRIE ROAD RIGHT-OF-WAY LOCATED AT 4005 STATE HIGHWAY 6 SOUTH IN THE CITY OF COLLEGE STATION, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 2.06 Acre portion of the Old Rock Prairie Road variable width right-of-way, which is located at 4005 State Highway 6 South adjacent to the Rock Prairie Marketplace S4bdivision according to the plat recorded in Volume 9506, Page 205 of the Deed Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portions collectively hereinafter referred to as the "Right-of-Way"); and WHEREAS, in order for the Right-of-Way to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Councifmust make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council funds the following pertaining to the vacating and abandoning of the Right-of-Way in the manner and as described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. The abandonment of the Right-of-Way will not result in property that does not have access to public roadways or utilities; 2. Other than as set forth herein, there is no public need or use for the Right-of-Way; Except as may be provided for in this ordinance, there is no anticipated future public need or use for the Right-of-Way; 4. As set forth in this ordinance, abandonment of the Right-of-Way will not impact access for all public utilities to serve current and future customers; 5. Utility infrastructure exists within the Right-of-Way and the City has a continuing need for currently existing public utilities to remain within the Right-of-Way and to access utilities in the Right-of-Way, and said uses are expressly not abandoned herein; and s v ORDINANCE NO. 2011-3309 0 Doc k Vol s 01082330 0R 10010 p82 Page 2 d. The Right-of-Way is hereby abandoned as a public roadway and is no longer thrown open to the general public but is only for the public purposes recited herein and is in all other respects hereby abandoned. PART 2: That the Right-of-Way known as Old Rock Prairie Road and as described in Exhibit "A" be abandoned and vacated by the City for roadway purposes; provided, however, that the City shall retain a public utility and access easement on the area to be abandoned as set forth above, and the City does not abandon such uses. PASSED, ADOPTED and APPROVED this 13th day of Jsnuaxv , 2011. APPROVED: V~ , ATTEST:— i cif See' Lt :i APPROVED:. Mayor City Attorney Ordinance No. 2011-3309 i 9 Doc Bk Vol P9 2.00 ACRES OLD ROCK PRAIRIE 01082330 OR 10010 83 THOMAS CARUTHERS LEAGUE ABET NO. B ROBERT STEVENSON LEAGUE ABET NO. 64 CITY OF COLLEOE STATION BRAZOS COUNTY, TEXAS PROPERTY DESCRIPTION DESCRIPTION OF A 2.06 ACRE TRACT OF LAND IN THE THOMAS CARUTHERS LEAGUE ABSTRACT NUMBER 9 AND THE ROBERT STEVENSON LEAGUE ABSTRACT NUMBER 54 BRAZOS COUNTY, TEXAS, SAID 2.06 ACRE TRACT BEING THE OCCUPIED AND RECOGNIZED RIGHT-OF--WAY OF OLD ROCK PRAIRIE ROAD, SAID 2.06 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BEING GRID AND REFERENCE TO THE TEXAS COORDINATE SYSTEM NAD 83 CENTRAL. ZONE AND THE SURVEY CONTROL NETWORK OF THE CITY OF COLLEGE STATION, TEXAS: BEGINNING at a TXDOT Type 1 concrete monument found in the easterly right-of way one of State Highway 6, being the southerly corner of a call 0.8877 acre tract as described in a deed to Weingarten Investments ino., and recorded in Volume 7819 Page 266 of the Offlolal Public Records of Brazos County, Texas, same being the southerly corner of Lot 1, Block 1. of Rock Prairie Marketplace, a subd vision of record in Volume 9&oe page 205 of the Offcial Public Records of Brazos County, Texa4 and being the westerly corner of the herein described tract; THENCE departing the saki easterly right-of-way of State Highway 6 N 464W40" @ with a Ilne common to the said 0,8877 acre tract and of Lot 1 Block 1 of Rock Prairie Marketplace, for a distance of 595.11 feet to an iron rod with cap stamped "JACOB set monumenting the easterly corner of the saki Lot 1 Block I and the Southerly comer of a ceM 4.31 acre tract as described in a deed to Weingarten Investments Ino., and recorded In Volume 7583 Page 108 of the Offlolal Public Records of Brame County, Texas; THENCE continuing with a line common to the said 4.31 acre tract N 43664103" E for a -distanw-oL231.1.flo hM-taa-Wjnrhlmn-WPB t°undnumen jte esete& corner pt. the said 4.31 acre tract and the southerly corner of a call 6.666 acre tract as de4orlbed to a deed to Weingarten Investments Inc., and recorded In Volume 7262 Page 72 of the Official Public Records of Brazos County, Texas; THENCE continuing with a line common to the said 6.566 acre tract N 4x"27196" I. for a distance of 582.48 feet to an Iron rod with cap stamped "Pate Eng RPLS 6647' found monumenting the easterly corner of the said 8.566 acre tract and being In the southerly right-of-way line of Rock Prairie Road (having a call 9& wide right-of-way), said Iron rod with oap being the northerly corner of the herein described tract; THENCE with a line common to the Bald southerly right-of-way the of Rock Prairie Road S 86027105" E for a distance of 72.73 feet to an iron rod with cap stamped "Strong RPLS 4961" found monumenting the northerly comer of a call 1721 acre tract as described In a deed to Weingarten Investments Inc., and recorded In Volume 8948 Page 46 of the Official Public Records of Brazos County, Texas, said iron rod being the easterly comer of the herein described tract; Ordin-ce No. 2011-3309 • Doc 8k Vol P9 01082330 OR 10010 84 2.06 ACRES OLD ROCK PRAIRIE ROAD THOMAS CARUTHERS LEAGUE ASST NO.9 ROBERT STEVENSON LEAGUE ABET NO, 54 CITY OF COLLEGE STATION BRAZOS COUNTY, TEXAS THENCE- departing the said southerly right-of-way line of Rock Prairie Road and with a Itne common to the said 17.21 acre tract S 42'29'17" W for a distance of 941.10 feel to a 619' Inch Iron rod found monumen tng the westery corner of the said 17,21' acre trail and the northerly corner of a call 5.817 acre tract as desoribed in a deed to Weingarten Investments Inc., and recorded In Volume 7310 Page 00 of the Omolal PuOllo Records of Brame County, Texas; THENCL continuing with a line common to the said 5.817 acre tract 8 4803102V W tar a dista we of 882,00 feet to a punch hole set In a broken TXDOT Type 1 tlonoreW morwrnent found In the aforementioned easterly right-of-way line of Stale Highway 6, and being the westerly corner of the said 5.917 acre tract, and the souths y comer of the herein described tract; THENCE with the said easterly righj4-way line of State Highway 6 N 130011W W for a dlmnce of 88.50 feet to the POINT OR BEGINNING and containing 2.06 acres of land more or less. I David Paul Carr a duly Ik ensed and registered Processional Land Surveyor in the State of Texas do hereby cw* that the foregoing description and exhibit are the results of an on the ground survey performed by Jacobs Engineering under my direction and sWervislon in April and May of 2010 and that tl Is true and correct to the best of nny David Paul t Carr Registered Professional Land Surveyor Texas Registration Number 3997 TATwhWO-rT_WHITE COLLEGE STATIOMp4WWROPERTY bE$CRIPTION Oki Rank PMIM Rd doo Ordinance No. 2011-3309 . , • Doc 8k Vol Ps 01082330 OR 10010 85 SCALE : 1" a 200' MAY, 2010 CITY OF COLLEGE STATION BRAZOS COUNTY, TEXAS ROCK PRAIRIE RD, RPLI 061 0$6 7,251E 740,15, S _ 70.19 f/ 6.866 AO Q~ g7 WINCARTEN INVESTMENTS INC 1 VOL 7282, PC 72 !P t4~ry ~Q' \ ►tT4.31 AC. O.P.R.B.C.T. INVESWENTS INC. W L 7583, PC. 108 14 Al QU17.21 AC ~OtP.R,B.C, T. ` P A~4 INVUTMEN WC. VOL. 89411 PQ 16 ~QG a04, A aRR.B.GT, LOT RAIRIE' MARKETPLACE \ 1~1 , O LEGEND RM P VOL. 9506, PC. 205 '►P,p"S , 0. , . TYPE I 110 NU%Wff QP.R.B.C. T FOUND IRON ROD WITH CAP POUND (STAMPED AS NOTEO) IRON PIPE FOUND q1 S14 hp~,~l y`d (AS NOTED) 1/2' IRON ROD FOUND (OR AS NOTED) te~w~ VTOF NNAVO a ~ h~ A+TJv1 A7'1Y _ EI 0 (STAMPED JACOBS) O.P.R.B.C.T. OFPJCIAL PUBLIC RECORDS OF kti BRAZOS COUNTY TEXAS yti. 5.917 AG D.R.B.C.T. DEEO RECORDS OF BRA70S ON 900 V91H CAR .A 6400' WE'INOARTEN COUNTY TEXAS MIVESTMENTS INC, VOL, 7J10, PC 98 O.P. R. B. C. T 7.158 AC. IWINOAR TEN rat INVESUXIEN15 INC. u~t VOL. 227 O.P.R.O.O. T. 19.10 AC. \ L 1~ w Fwwr~n~y w•• c.vv EINCARTEN W 00 INVESTMENTS INC. 0 VOL. 7488, PC. 248 0. P. R.8. C. T, x106 on 0" Rom 111MD no AV*%Tars M46 (614) 5144100 FIX (6141144175 9 Doc Bk Vol Ps 01082330 OR 10010 86 Filed for Record in= BRAZOS COUNTY On: Jan 26x2011 at 03:24P As a Recd inns Document Number$ 01082330 Amount 36.00 Receipt Number - 406024 Sul Jaime Nines STATE OF TEXAS COUNTY OF BRAZOS I hereby certify that this instrument was filed on the date and time stamped hereon by me and was duly recorded in the volume and page of the Official Public records of! BRAZOS COUNTY as stamped hereon by me. Jan 26x2011 HONORABLE KAREN MCOUEENP COUNTY CLERK BRAZOS COUNTY 0 • Doc Bk Vol Ps 01082330 OR 10010 81 ORDINANCE NO. 2011-33D4 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 2.06 ACRE PORTION OF OLD ROCK PRAIRIE ROAD RIGHT-OF-WAY LOCATED AT 4005 STATE HIGHWAY 6 SOUTH IN THE CITY OF COLLEGE STATION, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 2.06 Acre portion of the Old Rock Prairie Road variable width right-of-way, which is located at 4005 State Highway 6 South adjacent to the Rock Prairie Marketplace Subdivision according to the plat recorded in Volume 9506, Page 205 of the Deed Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portions collectively hereinafter referred to as the "Right-of-Way"); and WHEREAS, in order for the Right-of-Way to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Right-of-Way in the manner and as described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. The abandonment of the Right-of-Way will not result in property that does not have access to public roadways or utilities; 2. Other than as set forth herein, there is no public need or use for the Right-of-Way; 3. Except as may be provided for in this ordinance, there is no anticipated future public need or use for the Right-of-Way; 4. As set forth in this ordinance, abandonment of the Right-of-Way will not impact access for all public utilities to serve current and future customers; 5. Utility infrastructure exists within the Right-of-Way and the City has a continuing need for currently existing public utilities to remain within the Right-of-Way and to access utilities in the Right-of-Way, and said uses are expressly not abandoned herein; and W L ORDINANCE NO. 2011-3309 0 Dot 8k Vol 01082330 OR 10010 Page 2 6. The Right-of-Way is hereby abandoned as a public roadway and is no longer thrown open to the general public but is only for the public purposes recited herein and is in all other respects hereby abandoned. PART 2: That the Right-of-Way known as Old Rock Prairie Road and as described in Exhibit "A" be abandoned and vacated by the City for roadway purposes; provided, however, that the City shall retain a public utility and access easement on the area to be abandoned as set forth above, and the City does not abandon such uses. PASSED, ADOPTED and APPROVED this 13th day of j , 2011. APPROVED: ATTEST; , , City Attorney Mayor P9 E2 d' APPROVED:. Ordinance No. 2011-3309 ' Doc Bk Vol Ps 01082330 DR 10010 E3 2.00 ACRES OLD ROCK PRAIRIE ROAD THOMAS CARUTHERS LEAGUE ABST NO.9 ROBERT STEVENSON LEAGUE ABST NO. 54 CITY OF COLLEGE STATION BRAZOS COUNTY, TEXAS PROPERTY DESCRIPTION DESCRIPTION OF A 2.06 ACRE TRACT OF LAND IN THE THOMAS CARUTHERS LEAGUE ABSTRACT NUMBER 9 AND THE ROBERT STEVENSON LEAGUE ABSTRACT NUMBER 54 BRAZOS COUNTY, TEXAS, SAID 2.06 ACRE TRACT BEING THE OCCUPIED AND RECOGNIZED RIGHT-OF-WAY OF OLD ROCK PRAIRIE ROAD, SAID 2.06 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BEING GRID AND REFERENCE TO THE TEXAS COORDINATE SYSTEM NAD 83 CENTRAL ZONE AND THE SURVEY CONTROL NETWORK OF THE CITY OF COLLEGE STATION, TEXAS: BEGINNING at a TXDOT Type 1 concrete monument found in the easterly right-of way line of State Highway 6, being the southerly comer of a call 0.9877 acre trad as described In a deed to Weingarten Investments Inc., and recorded in volume 7819 Page 266 of the Official Public Records of Brazos County, Texas, saline being the southerly comer d Lot 1, Block 1, of Rock Prairie Marketplace, a sUk lvlsion of record in Volume 9606 Page 208 of the Official Public Records of Brazos County, Texas and being the westerly corner of the herein described tract; THENCE departing the said easterly right-d-way of State Highway 6 N 48 W40" E wffh a One common to the said 0.9877 acre tract and of Lot 1 Block 1 of Rock Pralts Marketplace, for a distance of 595.11 feet to an iron rod with cap stamped "JACOBS" set monumenting the easterly corner of the said Lot I Block t and the southerly comer of a call 4.81 acre tract as described In a deed to Weingarten Investments inc., and recorded In Volume 7583 Page 108 of the Official Public Records of Brazos County, Texas; THENCE conAnuing with a line common to the said 4.31 acre tract N 43.64103" E for a distance of =A(I hkeLlaa inrh n pipe found monumenft Jte eri C comer of the said 4.31 acre bad and the southerly comer of a call 6.666 acre tract as described In a deed to Weingarten Investments inc., and recorded In Volume 7282 Page 72 of the Official Public Records of Brazos County, Texas; THENCE continuing with a line common to the said 6.666 acre tract N 42°27'36" E for a distance of WAs feet to an Iron rod with cap stamped "Pate Eng RPL8 664T found monuments ng the easterly corner of the said 6.586 acre tract and being In the southerly right-d-way line of Rode Pralde Road (having a call 90-wide right-d-way), said iron rod with cap being the northerly corner of the herein described tract; THENCE with a line common to the said southerly right-of-way line of Rook Pralde Road S 88'7!'06" E for a distance of 72.73 feet to an iron rod with cap stamped "Strong RPLS 4861" found monumenting the northerly comer of a call 17.21 acre tract as described in a deed to Weingarten Investments inc., and recorded in Volume 8946 Page 46 of the Official Public Records of Brazos County, Texas, said iron rod being the easterly comer of the herein described tract; Ordinance No. 2011-3309 f 41 Doc 8k Vol P9 01082330 OR 14014 84 2.06 ACRES OLD ROCK PRAIRIE ROAD THOMAS CARUTHERS LEAGUE ABET NO. B ROBERT STEVENSON LEAGUE ABST NO. 64 CRY OF COLLEGE STATION BRAZOS COUNTY, TEXAS THENCE dsper" the said southerly right-of-way line of Ro& Prairie Road and with a ins oommon to the said 1721 acre tract 8 42WI7" W for a (1181018 01 941-10 feet 10 a ON " Iron rod Round monumenft the westerly corner d the said 17.21 acre tract and the northerly comer of a call 5.817 acre tract as described In a deed to Weingarten Investments Inc., and recorded In Volume 7310 Page 88 of the OM*l Public Records of Brame County, Texas; THENCE continuing with a One common to the said 5.917 acre tract 8 48031120" W for a distance of 682.00 feet to a punch hole set In a broken TXDOT Type 1 concrete monument found In the aforementioned easterly right-cf-way line of State Highway 6, and being the westerly corner of the said 6.917 acre tract, and the southady comer of the herein described tract; THENCE with the said easterly right-of-way line of Stets Highway 6 N 130011W W for a distance of Otf.SO feet to the POINT OF BEGINNING and containing 2.06 acres oR land more or less. I David Paul Carr a duly licensed and registered Professional Land Surveyor in the State of Texas do hereby certify that the foregoing description and exhibit are the results of an on the ground survey performed by Jacobs Engineering under my direction and supervision in April and May of 2010 and that it Is true and correct to the best of my David Paul Uarr " Registered Professional Land Surveyor Texas Registration Number 3997 TiTWh118C = WHTE OOLLEOE STATIOMpdOWNPROPERTY DESCRIPTION (Ad Rook Rift Rd.doo Ordinance No. 2011-3309 . Dot 8k Vol Ps 01082330 OR 10010 E5 SCALE : 1" s 200' MAY, 2010 CITY OF COLLEGE STATION BRAZOS COUNTY, TEXAS ROCK PRAIRIE RD. es~ ~ (sae~7'ss•e 72o.2s SlilTO6~ 720.9!i Q 6.566 AC, IWINGAR TEN INVESTMENTS INC ~A ~'ti Q' 4.31 AC. O.P.R?9.C T. 72 \r WENVOARTEN WVL~STMENT$ INC Al 'MIX 7585 PC. 108 \ LOT 1, BLOCK i ROCK PRAIRIE MARKETPLACE \ V1 0L, 9506. PC% 203 .AR.S.Q T X O~~~trt -erv a~,~y1 NrOP M NQ a ~ ry~J"YIA7'fI \ ~ it saw eaaoa cs W-4 7 0 11~ bti1 5.917 AC RENVGARTEN NVVESTM£NTS INC. IKX, 7510, PG, 98 0 P.R.B,C, T, o~ `aka 1910 AC: N'£INCARTLN INVE'SrMENTS INC. VOL. 7498, PG. 248 O. P. R. B. C. T, 17.21 AG WEINGARTEN INVESMIEMTS INC VOL. 8944 Pa 46 aP.R.B.a r LEGEND a TX.O.O.T, TYPE I MONUMENT FOUND IRON ROD WITH CM FOUND • (STAMPED AS NOTED) ® IRON PIPE FOUND (AS NOTED) 1/2- IRON ROD FOUND (OR A$ NOTED) IROl~ROD VAINCAI? SET _ (STAMPED JACOBS) O.P.R.B.C.T. OFfiCUI PU8l.1C RECORDS Of B RAZOS COUNTY TEXAS D.R.B.C.T. DEED RECORDS OF BRA20S COUNTY TEXAS 7.158 AC. liE1NGARTFN INVES71 ENTS INC. VOL. 7680. PG. 227 O.P.R.B.C: T. .~~►cos~ rm an cat k" " 700 Am*% TO" We (sm $11"1140 fW (61sI31>,•s m i 0 Doc Bk Vol P9 01082330 OR 10010 86 Filed for Record ins BRAZOS COUNTY On: Jon 26x2011 at 03:24P As a Recordings Document Numbers 01082330 Amount 36.00 Receipt Number - 406024 Byx Jaime Hines STATE OF TEXAS COUNTY OF BRAZOS i hereby certify that this instrument was filed on the date and time stamped hereon by me and was duly recorded in the volume and page of the Official Public records of: BRAZOS COUNTY as stamped hereon by me. ,fan 2672011 HONORABLE KAREN MCQUEENr COUNTY CLERK BRAZOS COUNTY