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Home My WebLink AboutORDINANCE ORDINANCE NO. 2704 AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND ABANDONING A 15' PUBLIC UTILITY EASEMENT, WHICH CROSSES AND LIES WITHIN LOTS 3 AND 4, BLOCK 1, UNIVERSITY PRESERVE SUBDIVISION IN THE CITY OF COLLEGE STATION, TEXAS. WHEREAS, the City of College Station has received an application for the vacation and abandonment of a fifteen (15) foot wide public utility easement, which crosses and lies within Lots 3 and 4, Block 1, University Preserve Subdivision in the City of College Station, said easement being more particularly described on Exhibit "A" attached hereto; and WHEREAS on March 11, 2004, the City Council of the City of College Station, Texas, heard the application of Switzer Deason, for the vacation and abandonment of the aforementioned fifteen (15) foot wide public utility easement that crosses and lies within Lots 3 and 4, Block 1, University Preserve Subdivision, according to a plat recorded in Volume 4958, Page 252, of the Official Records of Brazos County, Texas; 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 Switzer Deason to vacate and abandon the fifteen (15) foot wide public utility easement, the City Council of the City of College Station, finds the following facts: 1. The location of the utility easement crosses the applicant's property and inhibits its development. 2. The utility easement is no longer used by the City and there is no infrastructure in the easement. 3. 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: 1. The fact that the location of the utility easement 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 the utility easement 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 easement is not detrimental to the public health, safety or welfare or injurious to the property in the area; now therefore, js /c/my docs /abandon/revised form ord.doc J Ordinance No. 2704 Page 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, that a fifteen (15) foot wide public utility easement, which crosses and lies within Lots 3 and 4, Block 1, University Preserve Subdivision in the City of College Station, said easement being more particularly described on Exhibit "A" attached hereto, be abandoned and vacated. PASSED, ADOPTED and APPROVED this 11 day of March, 2004. 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AN ORDINANCE AMENDING CHAPTER 9, "SUBDIVISIONS ", 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 9, "Subdivisions ", 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 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 day of February, 2004. APPROVED: RON SILVIA, Mayor ATTEST: Connie Hooks, City Secretary A PPR OVF1T•__ JEi YSigne y uargin . m .autkrentic - City Attorney clp: Igrouplagen- callcouncil agendaslin- review10402261planning and developmentIsubdivision regulationlsub reg amendment.doc 2/19/04 ORDINANCE NO. 2698 Page 2 EXHIBIT "A" That Chapter 9, "Subdivisions ", Section 18, "Platting and Replatting Within Older Residential Subdivisions ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding a subsection D as set out hereafter to read as follows: "18.D Section 18 shall not be applicable to the following: Plat application submitted to the City of College Station on Monday, February 16, 2004, Record No. 04- 00500040 for the creation of two (2) additional lots. The purpose of this subsection is to exempt this property from the provisions of Section 18 as provided in this Plat, to allow the creation of two (2) additional lots. It is further the intention of the City Council to maintain the provisions of Section 18 as to this property as to any subsequent replatting and the provisions of Section 18 as to other pieces of property that are covered by Section 18." cip: Igrouplagen- callcouncil agendaslin- review10402261planning and developmentlsubdivision regulationlsub reg amendment.doc 2/19/04 ORDINANCE NO. 2698 AN ORDINANCE AMENDING CHAPTER 9, "SUBDIVISIONS ", 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 9, "Subdivisions ", 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 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 26th day of February, 2004. APPROVED: RO I IA, Mayor ATTEST: Connie Hooks, City Secretary igne. •y y argi °` 4611fltic - °r • z • A .' City Attorney clp: Igrouplagen- callcouncil agendaslin- review10402261planning and developmentlsubdivision regulationlsub reg amendment doe 2/19/04 ORDINANCE NO. Page 2 EXHIBIT "A" That Chapter 9, "Subdivisions ", Section 18, "Platting and Replatting Within Older Residential Subdivisions ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding a subsection D as set out hereafter to read as follows: "18.D Section 18 shall not be applicable to the following: Plat application submitted to the City of College Station on Monday, February 16, 2004, Record No. 04- 00500040 for the creation of two (2) additional lots. The purpose of this subsection is to exempt this property from the provisions of Section 18 as provided in this Plat, to allow the creation of two (2) additional lots. It is further the intention of the City Council to maintain the provisions of Section 18 as to this property as to any subsequent replatting and the provisions of Section 18 as to other pieces of property that are covered by Section 18." clp :Igrouplagen- callcouncil agendas lin- review10402261planningand developmentlsubdivision regulationlsub reg amendment.doc 2/19/04 02 -26 -04 Page 1 of 1 February 26, 2004 Consent Agenda Item #11.13 Subdivision Regulation Amendment To: Tom Brymer, City Manager From: Kelly Templin, Director of Development Services Agenda Caption: Discussion, consideration and possible action on an amendment to Chapter 9, Subdivision Regulations, of the City's Code of Ordinances altering Section 18, Platting and Replatting within Older Residential Subdivisions. Recommendation(s): Staff recommends approval of the amendment. Summary: The attached amendment will allow for the addition of 2 lots to the University Preserve Subdivision located along Munson Drive. The developer originally requested 12 additional lots for a total of 35, but has since requested only 2 more lots for a total of 25. This amendment will allow only for the addition of lots to University Preserve and will affect no other area platted prior to 1970. Budget & Financial Summary: N/A Attachment: 1. Ordinance http: / /citynet/Council %20Agendas/ 2004 / 040226 / Planning %20and %20Develonment /Subdi... 3/10/2004