HomeMy WebLinkAboutORDINANCE PGSBE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That all statements made in the caption, preamble, preliminary recitals and
documents attached to this ordinance are true, correct, and incorporated by
reference.
PART 2: That after opening and closing a public hearing, the City Council finds the
following pertaining to the vacating and abandoning of the Easements
described in Exhibit "A" attached hereto; and.
1. Abandonment of the Easements will not result in property that
does not have access to public roadways or utilities; and
2. Other than as set forth herein, there is no public need or use for the
Easements; and
3. Except as provided for in this ordinance, there is no anticipated
future public need or use for the Easements; and
4. As set forth in this ordinance, abandonment of the Easements will
.- not impact access for all public utilities to serve current and future
customers; and
5. TAMUS intends to relocate the existing public utility infrastructure
located in the Easements to a replacement Public Utility Easement.
PART 3: That, in order to achieve the public benefits of the Project, the City
Council hereby abandons and vacates the Easements as described in
Exhibit "A" only under the terms and conditions as set forth in this
ordinance.
P ART 4: That the 0.29 acre portion of a 10 Foot Public Utility Easement, lying in
Block 9 of the Second Revision, Oak Terrace Addition, according to the
plat recorded in Volume 1.52, Page 237 of the Official Records of Brazos
County, Texas; and a 0.23 acre portion of a 10 Foot Public Utility
Easement, lying in Block 10 of the Second Revision, Oak Terrace
Addition, according to the plat recorded in Volume 152, Page 237 of the
Official Records of Brazos County, Texas; and a 1350 Square Feet acre
portion of a 10 foot Public Utility Easement, lying in Block 12 of the
Second Revision, Oak Terrace Addition, according to the plat recorded in
Volume 152, Page 237 of the Official Records of Brazos County, Texas;
all as collectively described in Exhibit "A" attached hereto, be abandoned
only upon completion of all of the following conditions:
M
The Project proposes to remove an existing 10-inch public sanitary
sewer line adjacent to Block 12, between Lots 2 and 3 of the
Second Revision, Oak Terrace Addition necessitating the
construction and realignment of approximately 350 linear feet of
10-inch public sanitary sewer line generally along the southern
development property line to and along the reconstructed portion
of Culpepper Drive; and
2. The abandonment of these Easements necessitates that a portion
of the public overhead electric line in Block 12 be removed,
reconstructed and realigned as follows:
a. TAMUS will be responsible for the costs associated with
removing the public overhead electric line in Block 12 and
reconstructing and realigning the same as an underground
electric line located along the southern property line; and
IM
b. Dedicating additional Public Utility Easements to CoCS by
separate instrument in a form acceptable to CoCS for the above
described electric reconstruction and realignment along the
southern property line; and
3. Completion of the Project to achieve the public benefits to the
citizens of CoCS necessitates that TAMUS:
a. Provide surety for all public infrastructure to be reconstructed
or realigned; and
b. Provide necessary public infrastructure meeting the B/CS
Unified Standards for all public infrastructure. This includes
but is not limited to TAMUS providing construction plans,
construction surety, reports, construction testing, utility fees,
and as-builts, and for the CoCS City Engineer to approve
design, construction plans, and construction inspection,
including CS Fire. Marshall review; and
c. Provide written confirmation to CoCS that the abandoned
public sanitary sewer connections to the existing 21 inch
sanitary sewer line are adequately removed and repaired; and
Q -11-1-
d. Dedicate a Temporary Blanket Easement by separate
instrument, to CoCS in a form acceptable to CoCSfor the entire
proposed development acreage. The Temporary Blanket
Easement will be required until TAMUS relocates all necessary
public infrastructure as described herein, CoCS accepts such
public infrastructure, and TAMUS dedicates specific Public
Utility Easements as described herein; and
PART 5: If any of the above conditions are not met within eighteen (18) months, the
abandonment shall be null and void and have no further force or effect.
PART 6: That the Project is located within CoCS' singly certificated retail electric
service area, retail sanitary sewer service area, and retail water service
area and CoCS will serve electricity, water and sanitary sewer services to
the Project.
N
7�
PASSED, ADOPTED and APPROVED this day of J .2013.
C y'J 62 : ms ; 3
M
ATTEST:
City Seer r
APPROVED:
L j",
City Attomey
Mayor
M
237 of the Official Records of Brazos County, Texas, and a 0.88 acre
portion of the Milam Avenue Right of Way, said Right of Way lying
between Blocks 9 and 10, of the Second Revision, Oak Terrace Addition,
according to the plat recorded in Volume 152, Page 237 of the Official
Records of Brazos County, Texas, as described in Exhibit "A" attached
hereto, be abandoned only upon completion of all of the following
conditions:
1. The abandonment and removal of the Right -of -Way necessitates
that TAMUS reconstruct a portion of Cross Street and a portion of
Culpepper Drive to the CoCS Comprehensive Plan's Thoroughfare
Plan designation of a two (2) lane Minor Collector Street
classification as follows:
a. The limits of the reconstruction of Cross Street are from
Dogwood. Street to South College Avenue; and
b. The limits of the reconstruction of Culpepper Drive are south
of Cross Street to the adjacent property line; and
c. The pavement, sidewalks, electric, sanitary, streetlights, trees,
streetscape, and benches shall meet both Northgate standards
and the BICS Unified Standards. More specifically, the
reconstructed pavement widths shall be 38 ft wide back of curb
to back of curb, constructed of 8 inch thick concrete, and with
striping for each street; and
d. The subject reconstruction of Cross Street will have parallel
parking on at least one side of the street; and
e. TxDot Permitting will be required for Cross Street's improved
connection to South College Avenue; and
f Sidewalks on each side of Cross Street and one side of
Culpepper Drive shall be 8 feet wide, back of curb, and
constructed of colored brick pavers; and
g. Public Access Easements will be dedicated to CoCS by
separate instrument in a form acceptable to CoCS for all
sidewalk or street pavement extending beyond existing rights
of way; and
2. The abandonment and removal of the Right -of -Way necessitates
that TAMUS remove and reconstruct approximately 700 linear feet
PART 2: 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
described in Exhibit "A" attached; and
Abandonment of the Right -of -Way will not result in property that
does not have access to public roadways or utilities; and
2. Other than as set forth herein, there is no public need or use for the
Right -of -Way; and
3. Except as provided for in this ordinance, there is no anticipated
future public need or use for the Right -of -Way; and
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; and
5. Utility infrastructure exists within the Right -of -Way and CoCS has
a continuing need for current as well as future public utilities to be
located within the Right -of -Way, and said uses are expressly not
abandoned herein in those geographic areas where a Public Utility
Easement as substantially set forth in Exhibit "B" (15 foot Public
Utility Easement) attached hereto has been properly executed and
recorded; and
6. TAMUS intends to relocate the existing public utility infrastructure
located in the Right -of -Way to a replacement and existing Public
Utility Easements and existing rights of way.
PART 3: That, in order to achieve the public benefits of the Project, the City
Council hereby abandons and vacates the Right -of -Way as described in
Exhibit "A" only under the terms and conditions as set forth in this
ordinance and, pursuant to Section 272.0010) of the Texas Local
Government Code, hereby donates all of CoCS' right, title and interest in
and to the Right -of -Way to TAMUS, an institution of higher education, as
that term is defined by Section 61.003, Education Code, to promote a
public purpose related to higher education and hereby authorizes the City
Manager to execute a Quit -Claim Deed for and on behalf of the CoCS to
convey the Right -of -Way to TAMUS in form and substance acceptable to
the City Attorney.
PART' 4: That the 0.77 acre portion of the Culpepper Drive Right of Way, said
portion lying along lots 4 through 13, block 9, of the Second Revision,
Oak Terrace Addition, according to the plat recorded in Volume 152, Page
of existing 10 -inch public sanitary sewer line along the
reconstructed portion of Cross Street; and
3. The abandonment and removal of the Right -of- -Way necessitates
that TAMUS remove approximately l 100 linear feet of existing
10 -inch public sanitary sewer line along the portion of Culpepper
Drive being abandoned and reconstruct said sewer line as a 21 -inch.
sanitary sewer line; with such 21 -inch sanitary sewer line designed
to be centered along the proposed development drive aisle; and
4. The abandonment and removal of the Right -of -Way necessitates
that TAMUS dedicate a 20 -foot Public Utility Easement generally
along the newly constructed 21 -inch public sanitary sewer line
along Culpepper Drive. This Public Utility Easement will be
aligned and centered along the proposed development drive aisle;
and
5. The Project proposes to remove an existing 10 -inch public sanitary
sewer line adjacent to Block 12, between Lots 2 and 3 of the
Second Revision, Oak Terrace Addition necessitating the
construction and realignment of approximately 350 Iinear feet of
10 -inch public sanitary sewer line generally along the southern
development property line to and along the reconstructed portion
of Culpepper Drive; and
6. The abandonment and removal of the Right -of -Way necessitates
that TAMUS remove an existing public water line located in that
portion of Milam Avenue to be removed and reconstruct and
realign an 8 -inch public water line for approximately 1000 linear
feet along Dogwood Street connecting to the existing public water
line at Inlow Boulevard looped to the existing public water line on
the southern development property line south of Cross Street; and
7. The abandonment and removal of the Right -of -Way necessitates
that a portion of the public overhead electric line along the
reconstructed portion of Cross Street and Dogwood Street as
described above be removed, reconstructed and realigned as
follows:
a. TAMUS will be responsible for the costs associated with
removing the public overhead electric line along the
reconstructed portion of Cross Street and Dogwood Street and
reconstructing and realigning the same as an underground
electric line located along the southern property line; and
b. Dedicating Public Utility Easements to CoCS by separate
instrument in a form acceptable to CoCS for the above
described electric reconstruction and realignment along the
southern property line; and
8. Completion of the Project to achieve the public benefits to the
citizens of CoCS necessitates that TAMUS:
a. dedicate a Temporary Blanket Easement by separate
instrument to CoCS in a form acceptable to CoCS for the entire
proposed development acreage. The Temporary Blanket
Easement will be required until TAMUS relocates and
reconstructs all necessary public infrastructure as described
herein, CoCS accepts such public infrastructure, and TAMUS
dedicates to CoCS specific Public Utility and Access
Easements as described herein; and
b. Provide surety for all public infrastructure to be reconstructed
or realigned; and
Q
c. Provide necessary public infrastructure meeting the B/CS
Unified Standards for all public infrastructure. This includes
but is not limited to TAMUS providing construction plans,
construction surety, reports, construction testing, utility fees,
and as-builts, and for the CoCS City Engineer to approve
design, construction plans, and construction inspection,
including CS Fire Marshall review; and
d. Orient building structures in the Project to front on each side
Cross Street so there is no parking lot(s) between the building
structures and Cross Street; and
e. Obtain driveway permits for all driveways in the Project,
provided, however, that no driveway access will be granted to
Dogwood Street. The Project's driveways and gated parking
areas shall comply with City of College Station driveway
spacing and alignment in College Station Chapter 12 Unified
Development Ordinance, as well as the standards in the
"Gating of Multi-Family Developments" in the College Station
Site Design Standards.
If any of the above conditions are not met within eighteen (18) months, the
abandonment shall be null and void and have no further force or effect.
F9