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Home My WebLink AboutORDINANCEORDINANCE NO. AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND ABANDONING A PORTION OF A 0.086 ACRE (15 FOOT WIDE BY 250 FOOT IN LENGTH) ALLEY RIGHT -OF -WAY, WHICH CROSSES AND LIES WITHIN LOTS 6, 7, 8, 9, 10, 11, & 12, BLOCK 9, OF THE COLLEGE PARK SUBDIVISION, IN THE CITY OF COLLEGE STATION, TEXAS, SAVE AND EXCEPT FOR THAT PORTION OF THE ALLEN' RIGHT -OF -WAY TO BE RETAINED BY THE CITY AS A PUBLIC UTILITY EASEMENT. WHEREAS, the City of College Station has received an application for the vacation and abandonment of a portion of a 0.086 acre (15 foot wide by 250 foot in length) alley right -of -way, which crosses and lies within Lots 6, 7, 8, 9, 10, 11, & 12, Block 9, College Park Subdivision, to the City of College Station, said portion of the alley right -of -way being more particularly described on Exhibit "A" attached hereto, save and except for that portion of the alley right -of- way to be retained by the City as a Public Utility Easement and more particularly described on Exhibit "B" attached hereto; and WHEREAS on July 22, 2002, the City Council of the City of College Station, Texas, heard the application of Scott McDermott for the vacation and abandonment of the aforementioned portion of the 0.086 acre (15 foot wide by 250 foot in length) alley right -of -way that crosses and lies within Lots 6, 7, 8, 9, 10, 11, & 12, Block 9, College Park Subdivision, according to the plat recorded in Volume 38, Page 602, and resubdivision recorded in Volume 107, Page 151 of the Official Records of Brazos County, Texas, save and except for that 0.0052 acres of land set out in Exhibit "B" attached hereto; and WHEREAS, in order for any portion of an easement to be vacated and abandoned by the City Council of the City of College Station, the Council must make certain findings of facts; and WHEREAS, after hearing the application of Scott McDermott to vacate and abandon a 0.086 acre (15 foot wide by 250 foot in length) alley right -of -way, the City Council of the City of College Station, finds the following facts: 1. The location of a 0.086 acre (15 foot wide by 250 foot in length) alley right -of- way crosses the applicant's property and inhibits its development. 2. The alley right -of -way has been used by the City and there is utility infrastructure in the alley right -of -way. As a condition of abandonment of the alley right -of -way, a utility easement must be conveyed by the property owners to the City of College Station for a 15' wide public utility easement on Lot 9, Block 9, College Park Subdivision, more particularly described by metes and bounds in the attached Exhibit "C ". 4. That the land use in the neighborhood appears to be stable and the use to which this property is being put is not likely to change within the foreseeable future and is similar to the use to that of the neighborhood; and WHEREAS, the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: Is c mr docv abandon retisedJunn ord duc The fact that the location of the 0.086 acre (15 foot wide by 250 foot in length) alley right -of -way that crosses the applicant's property would deprive the applicant of the reasonable use of his property. 2. The fact that the land use is not likely to change within the foreseeable future provides a basis for granting applicant's request to vacate and abandon a portion of an alley right -of -way necessary for the preservation and enjoyment of the substantial property right of the applicant. 3. The fact that the abandonment of a portion of the alley right -of -way is not detrimental to the public health, safety or welfare or injurious to the property in the area; now therefore. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, that a portion of a 0.086 acre (15 foot wide by 250 foot in length) alley right -of -way, which crosses and lies within Lots 6, 7, 8, 9, 10, 11, & 12, Block 9, College Park Subdivision in the City of College Station, as described on Exhibit "A" attached hereto, be abandoned and vacated, save and except for that portion of the alley right -of -way to be retained by the City as a Public Utility Easement as described on Exhibit "B" attached hereto; provided; however, that said abandonment shall not take effect until the property owners on Lot 9, Block 9, College Park Subdivision dedicate a public utility easement to the City of College Station for the area set out and described in Exhibit "C" attached hereto, PASSED, ADOPTED and APPROVED this 8th day of August 2002. APPROVED: :; / ATTEST: CONNIE HOOKS, City Secretary APPROVED: ;E- Signed by Roxanne Nemak i City Attorney Is c nnv does abmrdar ret rsed jorre urd doe FIELD NOTES Tract "A" For a 0.026 -acre tract of land lying in the College Park Subdivision, in Brazos County, Texas, as recorded in Vol. 38, Page 602 of the Brazos County Deed Records and the resubdivision recorded in Vol. 107, Page 151 of the Brazos County Deed Records, being a portion of the alley separating Lots 6 and 12 from Lots 7 -11 of Block 9 of said subdivision, the tract being more particularly described by metes and bounds as follows: BEGINNING at a point the southwest right of way line of Fairview Avenue, same point being the north corner of Lot 7, Block 9 of the College Park Subdivision; THENCE, S 46 0 00'00" W, along the southeast line of said alley, a distance of 150.00 feet, to the west corner of Lot 9, Block 9; THENCE, N 44 °00'00" W, a distance of 7.50 feet, to a point for corner; THENCE, N 46 °00'00" E, a distance of 150.00 feet, to a point in the southwest right of way line of Fairview Avenue; THENCE, S 44 0 0'00" E, a distance of 7.50 feet, to the Point of Beginning and containing 0.026 acres of land. 40,A& David Lee MXannon R.P.L.S. #3400 FIELD NOTES Tract `B" For a 0.017 -acre tract of land lying in the College Park Subdivision, in Brazos County, Texas, as recorded in Vol. 38, Page 602 of the Brazos County Deed Records and the resubdivision recorded in Vol. 107, Page 151 of the Brazos County Deed Records, being a portion of the alley separating Lots 6 and 12 from Lots 7 -11 of Block 9 of said subdivision, the tract being more particularly described by metes and bounds as follows: BEGINNING at the west corner of Lot 9 Block 9, same point being the north corner of Lot 10, Block 9 of the College Park Subdivision and in the southeast line of said alley; THENCE, S 46 °00'00" W, along southeast line of said alley, a distance of 100.00 feet, to the west corner of Lot 11, Block 9 and in the northeast right of way line of Montclair Avenue; THENCE, N 44 °00'00" W, along the northeast right of way of Montclair Avenue, a distance of 7.50 feet, to a point for corner; THENCE, N 46 °00'00" E, a distance of 100.00 feet, to a point for comer; THENCE, S 44 °0'00" E, a distance of 7.50 feet, to the Point of Beginning and containing 0.017 acres of land. - % 6Y4�� DavictLee McCannon R.P.L.S. #3400 FIELD NOTES Tract "C" For a 0.021 -acre tract of land lying in the College Park Subdivision, in Brazos County, Texas, as recorded in Vol. 38, Page 602 of the Brazos County Deed Records and the resubdivision recorded in Vol. 107, Page 151 of the Brazos County Deed Records, being a portion of the alley separating Lots 6 and 12 from Lots 7 -11 of Block 9 of said subdivision, the tract being more particularly described by metes and bounds as follows: BEGINNING at the south comer of Lot 12 Block 9 of the College Park Subdivision, same point being in the northeast right of way line of Montclair Avenue; THENCE, N 46 °00'00 "' E, along the northwest line of said alley, at 115.00 feet passing the east corner of Lot 12, Block 9, for a total distance of 122.50 feet, to a point for comer; THENCE, S 44 °0'00" E, a distance of 7.50 feet, to a point for comer; THENCE, S 46 °00'00" W, a distance of 122.50 feet, to a point in the northeast right of way of Montclair Avenue; THENCE, N 44 °00'00" W, along the northeast right of way of Montclair Avenue, a distance of 7.50 feet, to the Point of Beginning and containing 0.021 acres of land. David Lee McCannon R.P.L.S. #3400 �r �t A "tfit FIELD NOTES Tract "D" For a 0.022 -acre tract of land lying in the College Park Subdivision, in Brazos County, Texas, as recorded in Vol. 38, Page 602 of the Brazos County Deed Records and the resubdivision recorded in Vol. 107, Page 151 of the Brazos County Deed Records, being a portion of the alley separating Lots 6 and 12 from Lots 7 -11 of Block 9 of said subdivision, the tract being more particularly described by metes and bounds as follows: BEGINNING at the east comer of Lot 6 Block 9 of the College Park Subdivision, same point being in the southwest right of way line of Fairview Avenue; THENCE, S 44 °0'00" E, along the southwest right of way of Fairview Avenue, a distance of 7.50 feet, to a point for comer; THENCE, S 46 0 00'00" W, a distance of 127.50 feet, to a point for corner; THENCE, N 44 °00'00" W, a distance of 7.50 feet, to a point for corner; THENCE, N 46 °00'00" E, at 7.50 feet passing the south comer of Lot 6 Block 9, for a total distance of 127.50 feet to the Point of Beginning and containing 0.022 acres of land. l avidltee McCannon R.P.L.S. #3400 1 ; � Scale = 1: 23 (Feet) 1 N46 °E15 2 S 44° 51'43" E 120.01 3 S 46 W 15.00 4 N 44° 51'43" W 120.01 11 /14300'ui4'3',FA' 979 764 3452 COLLEGE STATION PUB.UTL. X979 764 3496 DEVELOPMM SVCS -► +-+ USC f. . 318' IP FND !� 1 /2� IP FND JOEL HARMS VOL 343, PAGE 27 AN A A us C o G TRACT 0 :JUC : Y • a4' �� \ SGO'CT MC:DERMOTT VOL. 'tg47. PAGE 4 3/8' IP FNO EUZABEiN ARS7•IALL do 15 r9V ALPHON JAMES MARCK 0.086 ORES VO 698, PAGE 186 1 I \ y °`+ � Z X Z \ TRACT C ACT B O MbQRE do ASSOCIATES 3/8' IP vol 894, PAGE 63 PQ 1/2" IP FND \ o� LINE TABLE UNE LENGTH BEARING L 7 130.00 'W L2 100.00 S 100'00 L3 15.00 Af44'IO '00"W L4 115.00 46100 00'E 1-5 15.00 N '00'00' L6 720.00 N48'OO'00' L71 15.00 � 1 � TRACT C -(A ACRES NOTE Q111L1StJltV[R ARROW, 86 REWROFD IN VOL 9RAZOS COUNTY DEED TRACT B _9.017 ACRES L'S SU / SURVEY PLAT OF 15 x250 ALLEY - — - COLLEGE PARK (RESUBDIVISICi VOL. 107, PAGE 151 COLLEGE STATION, BRAZOS COUNTY, TEXAS 002 Q 001/001 ,o TRACT A 0.026 ACRES TRACT D 0.022 ACRES /11?0i FIELD NOTES For a public utility easement containing 0.0052 -acres of land lying in the College Park Subdivision, in Brazos County, Texas, as recorded in Vol. 38, Page 602 of the Brazos County Deed Records and the resubdivision recorded in Vol. 107, Page 151 of the Brazos County Deed Records, being a portion of the alley between Lot 9 and Lots 6 & 12 of said subdivision, the easement being more particularly described by metes and bounds as follows: BEGINNING, for reference at the west corner of said Lot 9, same point being the north corner of Lot 10; THENCE, N 46 °00'00" E. a distance of 10.32 feet to the POINT OF BEGINNING; THENCE, N 26 °40'59" W, a distance of 15.71 feet to the east corner of Lot 12; THENCE, N 46 °00'00" E, a distance of 15.00 feet to the south corner of Lot 6; THENCE, S 26 °41'51" E, a distance of 15.71 feet to a point in the northwest line of Lot 9; THENCE, S 46 0 00'00" W, a distance of 15.00 feet to the POINT of BEGINNING and containing 0.0052 acres of land. David Lee McCann R.P.L.S. #3400 FIELD NOTES For a 0.086 -acre tract of land lying in the College Park Subdivision, in Brazos County, Texas, as recorded in Vol. 38, Page 602 of the Brazos County Deed Records and the resubdivision recorded in Vol. 107, Page 151 of the Brazos County Deed Records, being the alley separating Lots 6 and 12 from Lots 7 -11 of Block 9 of said subdivision, the tract being more particularly described by metes and bounds as follows: BEGINNING at a point the southwest right of way line of Fairview Avenue, same point being the north corner of Lot 7, Block 9 of the College Park Subdivision; THENCE, S 46 °00'00" W, along the southeast line of said alley, at 150.00 feet passing the west corner of Lot 9, Block 9 and the north corner of Lot 10, for a total distance of 250.00 feet to a point in the northeast right of way line of Montclair Avenue, same point being the west corner of Lot 11; THENCE, N 44 °00'00" W, along the northeast right of way line of Montclair Avenue, a distance of 15.00 feet, to the south corner of Lot 12; THENCE, N 46 0 00'00" E, along the northwest line of said alley, at 115.00 feet passing the east corner of Lot 12 and at 130.00 feet passing the south corner of Lot 6, for a total distance of 250.00 feet, to a point in the southwest right of way line of Fairview Avenue; THENCE, S 44 0 0'00" E, a distance of 15.00 feet, to the Point of Beginning and containing 0.086 acres of land. David Lee McCannon R.P.L.S. #3400 I S 46° W 250 4 S 44° E 15 2 N44 °W15 3 N46 °E250 h JOEL HARMS VOL. 343, PAGE 2 " / �O 15 0 YS 60 9GIS t I = 60' 11. 9 < < .ti F`y. o'� L3 ELIZABETH RSHALL & ALPHONSE AMES MARCK 2 VOL. 1 8. PAGE 186 REFERENCE O� \ry 0,� �9L F� NT 1/2 IP FND ` T 9 L q �� " ✓ /�C Z L4 SCOTT MCDERMTT \ VOL. 2847, PACE 4 L5 PUB�{C UTILITY \ `v \ EASEM T � \0.0052 Ag7S QQE�QQG +°-\ MWRE & ASSOCIATES \ \ \ VOL \ 894, PAGE 53 \ a os /IPFND 1� �o LINE TABLE LINE LENGTH BEARING L1 10.32' N46'00'00 "E L2 15.71' N26'40'59 "W L3 15.00' N46'00'00 "E L4 15.71' S26 41 - 51 "E L5 15.00' S46'00'00 "W SURVEYOR'S CERTIFICATE: I, DAVID LEE MCCANNON, R.P.L.S. NO. 3400, DO HEREBY CERTIFY THAT THIS PLAT IS A TRUE REPRESENTATION OF A SURVEY MADE ON THE GROUND UNDER MY SUPERVISION AND THAT THERE ARE NO ENCROACHMENTS ON THIS TRACT EXCEPT AS SHOWN HEREON. DAVID LEE MCCANNON REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 3400 PUBLIC UTILITY EASEMENT COLLEGE PARK (RESUBDIVISION) VOL. 107, PAGE 151 COLLEGE STATION, BRAZOS COUNTY, TEXAS 3/8" IP FND / JOEL HARMS VOL. 343, PAGE 6 �p1 v6� ScAu : 1' - 60' 1� 1s, \ 3 FND 3/8" IP FND P GQ� E MARSHALL & �0` SE JAMES MARCK �O 1/2" IP 1598, PAGE 186 �IK o� `L 3/8" IP MWRE & ASSOCIATES VOL \ 894, PAGE 63 1/2" IP FND ` q '9i L SCOTT MCDERMQTT VOL. 2847, PAG D \ JO�O�L h\ P Q P CG� a 1/2" IP FND <V 4' O G F v LINE TABLE _ LINE LENGTH BEARING L1 150.00 S46'00'00 "W L2 100.00 S46'00'00 "W L3 15.00 N44'00'00 "W L4 115.00 N46'00'00 "E l5 15.00 N46'00'00 "E L6 120.00 N46'00'00 "E L7 15.00 S44'00'00 "E NOTE: BEARING BAS FROM GARRET ENGINEERIN TITLE SURVEY NORTH ARROW, DATED J Y 1986 RECORDED IN VOL 2847, AGE 4, BRAZOS COUNTY DEED REC DS. 1� �o SURVEYOR'S CERTIFICATE: I, DAVID LEE MCCANNON, R.P.L.S. NO. 3400, DO HEREBY CERTIFY THAT THIS PLAT IS A TRUE REPRESENTATION OF A SURVEY MADE ON THE GROUND UNDER MY SUPERVISION AND THAT THERE ARE NO ENCROACHMENTS ON THIS TRACT EXCEPT AS SHOWN HEREON. DAVID LEE MCCANNON REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 3400 SURVEY PLAT OF 15'x250' ALLEY COLLEGE PARK (RESUBDIVISION) VOL. 107, PAGE 151 COLLEGE STATION, BRAZOS COUNTY, TEXAS POINT OINBEGINNING FIELD NOTES For a 0.086 -acre tract of land lying in the College Park Subdivision, in Brazos County, Texas, as recorded in Vol. 38, Page 602 of the Brazos County Deed Records and the resubdivision recorded in Vol. 107, Page 151 of the Brazos County Deed Records, being the alley separating Lots 6 and 12 from Lots 7 -11 of Block 9 of said subdivision, the tract being more particularly described by metes and bounds as follows: BEGINNING at a point the southwest right of way line of Fairview Avenue, same point being the north corner of Lot 7, Block 9 of the College Park Subdivision; THENCE, S 46 °00'00" W, along the southeast line of said alley, at 150.00 feet passing the west corner of Lot 9, Block 9 and the north corner of Lot 10, for a total distance of 250.00 feet to a point in the northeast right of way line of Montclair Avenue, same point being the west corner of Lot 11; THENCE, N 44 0 00'00" W, along the northeast right of way line of Montclair Avenue, a distance of 15.00 feet, to the south corner of Lot 12; THENCE, N 46 0 00'00" E, along the northwest line of said alley, at 115.00 feet passing the east corner of Lot 12 and at 130.00 feet passing the south corner of Lot 6, for a total distance of 250.00 feet, to a point in the southwest right of way line of Fairview Avenue; THENCE, S 44 0 0'00" E, a distance of 15.00 feet, to the Point of Beginning and containing 0.086 acres of land. David Lee McCannon R.P.L.S. #3400 �X JOEL HARMS VOL. 343, PAGE e o / xs o za scus : i' = so' 1� o ~ � 1/2" IP FND y '9/ L SCOTT MCD RQTT VOL. 2847, PAGE 4 O L1 L \ 15.0' PUBLIC UTILI Y EASEMENT )INT \ MWRE & ASSOCIATES \ VOL PAGE 63 \ L4 1/2" IP FND ELIZABETH ORSHALL & ALPHONSE AMES MARCK VOL. 1098, PAGE 186 REFERENCE o� •9L F� o� LINE TABLE LINE LENGTH BEARING L1 10.32' N46'00'00 "E L2 15.00' N46'00'00 "E L3 120.01' S44'51'43 "E L41 15.00' S46'00'00 "W L51 120.01' N44'51'43 "W SURVEYOR'S CERTIFICATE: I, DAVID LEE MCCANNON, R.P.L.S. NO. 3400, DO HEREBY CERTIFY THAT THIS PLAT IS A TRUE REPRESENTATION OF A SURVEY MADE ON THE GROUND UNDER MY SUPERVISION AND THAT THERE AR NO ENCROACHMENTS ON THIS TRACT EXCEPT A WN HE N. n L C/, DAVID LEE MCCANNON 4- - 2 - REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 3400 PUBLIC UTILITY EASEMENT COLLEGE PARK (RESUBDIVISION) VOL. 107, PAGE 151 COLLEGE STATION, BRAZOS COUNTY, TEXAS 318" IP tTID C� 1/2" IP FND JOEL HARMS VOL. 343, PAGE 27 AN q '9i TRACT A L ° !6 60 TRACT D \ C� ec�1s � i' • w• !S 9 v� " SCOT MCDERMOTT �0 3 VOL. 2 PAGE 4 h \ 3/8" IP FND 15 6LLEY ELIZABETH ARSHALL do (0.086 CRES) ALPHON JAMES MARCK VOL. 598, PAGE 186 1/2" IP FND \ \ {Y \ TRACT C TRACT B MWRE & ASSOCIATES 3/8" IP VOL 894, PAGE 63 Q QP c° G a 1/2" IP FND cl9i'A 0. 022 C ACRES LINE TABLE UNE UNE LENGTH BEARING L1 150.00 S46ro0'oo"w L2 100.00 S46'00'00 "W L3 15.00 N44'00'00 "W L4 115.00 46'0 ' 0" L5 15.00 N46'00'00 "E L6 120.00 N46'00'00 'E L71 15.00 S44'00'00 7E TRACT C � OA21 ACRES NOTE GEARING B FROM GARRET ENGINEERI TITLE SURVEY NORTH ARROW, DATED 198E RECORDED IN VOL 2847, GE .4, BRAZDS COUNTY DEED TRACT B RE Ds. 0.017 ACRES �PLS SURVEY /PLATro� OF 15'x250' ALLEY COLLEGE PARK (RESUBDIVISION) VOL. 107, PAGE 151 COLLEGE STATION, BRAZOS COUNTY, TEXAS v l -- � TRACT A 0.026 ACRES LINE TABLE UNE LENGTH BEARING L8 150.00 L9 7.50 N44 'W L7o 150.00 L11 7.50 L12 100.00 L13 7.50 L14 100.00 L15 7.50 L15 122.50 L17 7.30 L18 122.50 1.19 7.50 N L20 7.50 L21 127.50 L22 7.50 L23 127.50 N46 4 Scale = 1: 6 (Feet) 1 N 26° 40'59"W 15.71 2 N 46° E 15.00 3 S26 °41'51 "E15.71 4 S46 "W15