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HomeMy WebLinkAboutORDINANCEC CITY OF COLLEGE STATION § STATE OF TEXAS § C OUNTY OF •. • Before me, the undersigned authority, personally appeared Tanya McNutt, who, being by me duly sworn deposed as follows: My name is Tanya McNutt. I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated. I am the custodian of the records of the City of College Station, Brazos County, Texas. Attached hereto is a full, true and correct copy of Ordinance No. 2013 -3479 adopted by the City Council on February 14, 2013. I further certify, in the performance of the functions of my office, that said pages of record is an official record from the public office of the City Secretary, City of College Station, Brazos County, Texas, and are public records which are kept in said office and appear of record in said office. In witness whereof I have hereunto set my hand and affixed the official seal of the City of College Station, this 28 day of February 2 3. any Mgiott, Deputy City ecre ary Cit of Cbffege Station, Texas Brazos County, State of Texas Sworn to and subscribed before me on the 28 day of February, 2013. , , /&,, J/W tart' Public, State of Texas �q Yp BARBARA LEE VA3S * * Notary Public, State of Texas , ^Y My commission Expires 2 -15 -2016 P.O. BOX 9960 • 1 101 TEXAS AVENUE - COLLEGE STATION - TEXAS • 77842 cstx. gov l: ?!1 for R"" Cu j i Il ` TROS COUNTY CITY OF COLLEGE STATION Nome of Texas AcW Uxiversity" f a . # t c. 7 'Q tr .''Jom Ojfrceof the City Secretary `t�.ttl i k wr <tt €1 CERTIFICATE COPY OF PUBLIC RECORD CITY OF COLLEGE STATION § STATE OF TEXAS § C OUNTY OF •. • Before me, the undersigned authority, personally appeared Tanya McNutt, who, being by me duly sworn deposed as follows: My name is Tanya McNutt. I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated. I am the custodian of the records of the City of College Station, Brazos County, Texas. Attached hereto is a full, true and correct copy of Ordinance No. 2013 -3479 adopted by the City Council on February 14, 2013. I further certify, in the performance of the functions of my office, that said pages of record is an official record from the public office of the City Secretary, City of College Station, Brazos County, Texas, and are public records which are kept in said office and appear of record in said office. In witness whereof I have hereunto set my hand and affixed the official seal of the City of College Station, this 28 day of February 2 3. any Mgiott, Deputy City ecre ary Cit of Cbffege Station, Texas Brazos County, State of Texas Sworn to and subscribed before me on the 28 day of February, 2013. , , /&,, J/W tart' Public, State of Texas �q Yp BARBARA LEE VA3S * * Notary Public, State of Texas , ^Y My commission Expires 2 -15 -2016 P.O. BOX 9960 • 1 101 TEXAS AVENUE - COLLEGE STATION - TEXAS • 77842 cstx. gov ORDINANCE NO. D1`��! AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.29 ACRE PORTION OF A 10 FOOT PUBLIC UTLITY EASEMENT, LYING IN BLOCK 9 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 0.23 ACRE PORTION OF A 10 FOOT PUBLIC UTLITY 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 PORTION OF A 10 FOOT PUB:GIC UTLITY 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, WHEREAS, the City of College Station, 'Texas (hereinafter referred to as "CoCS "), has received an application from The Texas A &M University System (hereinafter referred to as "TAMUS ") for the vacation and abandonment of a 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 152, 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 Black 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 c ollectively described in Exhibit "A" attached hereto (such portions hereinafter referred to as the "Easement*"); and WHEREAS, TAMUS proposes a multi - family residential development of approximately 14 acres in the City of College Station (hereinafter referred to as CoCS) which necessitates the abandonment of the Easements and associated removal, reconstruction and/or realignment of public infrastructure (the "Project"). This abandonment is necessary for the preservation and enjoyment of the substantial property right of the applicant; and WHEREAS, the Project will provide a public benefit to the citizens of CoCS by redeveloping property in the Northgate area including the replacement of aging and in some cases dilapidated infrastructure; and WHEREAS, in order for the Public Utility Easements 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 l: 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. PART 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 152, 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 Brazes 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 y `. only upon completion of all of the following conditions: L. 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 the public overhead electric line in Block 12 and removing reconstructing and realigning the same as an underground electric line located along the southern property line; and 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 infrastnteture. Tlvs 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 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 m r public infrastructure as described herein, CoCS accepts such igip 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 abandoriment shall be null and void aad 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. PASSED, ADOPTED and APPROVED this I q �- day of Jgb'2 2013. APPROVED: - I'A ATTEST: �- Ait ecr z �y APPROVED: City Attorney Mayor ��� EXHIBITA 1METES AND BOUNDS DESCRIPTION OF A 10' UTILITY EASEMENT BLOCK 9 SECOND REVISION, OAK TERRACE ADDITION COLLEGE STATION, BRAZOS COUNTY, - FEXAS METES AND BOUNDS DESCRIPTION OF A 10.00 FOOT WIDE L'TIL,ITY EASEMENT LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SA31.) L'ASEMEN`I' BEING ALL OF THAT 10.00 FOOT WIDE UTILITY EA513M4?NT I.Y1NG IN BLOCK 9, SECOND REVISION, OAK TERRACE ADDITION, ACCORDING TO TDE PLAT RECORDED IN VO[ARviIE 152, PAGE 2.37 01- THE DEED RECORDS OF BRAZOS COUNTY, 'TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIDED BY WI'ES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCA IRON ROD FOUND ON, TT-W- SOUTHWEST LINE OF CULPEPPERDMT (40' R:O.W.) MARKING TIIE NORTHEAST COR OF LOT 13, BLOCK 9, AND THE BEGINNING OF A TRANSITION CURVE; FOR REFERENCE A 5/8 INCA' IRON ROD FOUND ON THE NORTHWEST LINE OF CROSS STREET (50' R_O.W.) MARKING TIIE SOUTHEAST CORNER OF SAID LOT 13 AND THE END OF SAID TRANSITION CURVE BEARS: S 03° 02'32" E FOR A DISTANCE OF 4142 FEET; THENCE: N 48'02'17" W ALONG THE SOUTHWEST LIME OF CULPEPPER DRIVE FOR A DISTA10E OF 90.02 FEET TO TIM POINT OF BEGINNING OF T HS HEREIN DESCRMED EASEMENT THENCE: S 41 58'38" W ALONG TIIE SOUTHEAST LINE'; OF SAID EASEMENT, 5.00 FEET FROM AND PA.RALLFL TO THE NORTHWEST LINE OF LOTS 13 -16, FOR A DISTANCE OF 284.00 FEET TO TIIE NORTHEAST LIVE OF MILAM AVENUE (50' R.O.W FOR REFERENCE A 5 /81NCH IRON ROD FOUND ON THE NORTHEAST LINE OF MILAM AVEN TUE MARKING THE SOUTHWEST CORNER OF SAID LOT 16 BEARS: S 48° 02' 17" E FOR A DISTANCE OF 90.13 FEET; THENCE: N 48 17" W ALONG THE NORTHEAST LINE OF MILAR!f. AVF��'UE, AT 5.00 FEET PASS THE COMMON CORNER OF LOTS 16 AND 17, CONTINUE: ON FOR A TOTAL DISTANCE OF 10,00 FEET TO A NORTHWEST LINE OF SAID EASEMENT; THENCE: N 4l'58'38" E THROUGH SAID LOT 17, 5,00 FEET FROM AND PARALLEL TO THE SOUTHEAST LINE OF SAID LOT 17, FOR A DISTANCE OF 137.00 FEET; THENCE- N 48 02 W CONTINUING THROUGH SAID LOT 17 AND THROUGHLOTS 18 -23 AND ALONG A SOUTHWEST LINE OF SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO THENORTHEASTLINE OF SAID LOTS, FOR A DISTANCE OF 532.32 FEET; THENCE: N 63'48'26" W CONTINUING TffROUGH SAID LOT 23 FOR A DISTANCE OF 6.65 FEET TO AN EASTERLY LINE OF SAID EASEMENT; THENCE: S 21 W CONTINUING THROUGH SAID LOT 23, 5.00 FEET MOM AND PARALLEL TO THE NORT14WLS'I' LINE OF SAID LOT 23 AND ALONG A SOUTHEAST LINE OF SAID EASEMENT FOR A DISTANCE OF 154.74 FEET TO THE NORTHEAST LINE OF MILA.M AVENUE; THENCE: N 54'33'42" W ALONG THE NORTHEAST LINE OF M1LAM AVENUE FOR A DISTANCE OF 10.29 FEET TO THE NORTHWEST LINE OF SAID EASEMENT; THENCE: N 21° 51 E THROUGH LOTS 1 -2, BLOCK 9, 5.00 FEET FROM AND PARALLEL TO THE SOUTHEAST LINE OF SAID LOTS, AND ALONG THE NORTI-IATEST LINE OF SAID EASEMENT FOR A DISTANCE OF 153.08 FEET; THENCE: N 63 ° 48'26" W CONTINUING THROUGH SAID LOT 2, 5.00 .FEET FROM AND PARALLEL TO TIE COMMON LINE OF SAID LOT 2 AND LOT 3, FORA DISTANCE OF 127.98 mE-T TO THE S OU I14 AST LINE OF INLOW BOULEVARD (39' R.O.W); THENCE: N 20'40'04" E ALONG THE SOUTHEAST LINT; OF 1NLOW BOULEVARD FOR A DISTANCE OF 10.05 FEET; THENCE: S 63'48'26" E THROUGH SAID LOT 3, 5.00 FEET FRO AND PARALLEL TO THE COMMON LINE Of SAID LOT 3 AND LOT 2, FOR A DISTANCE OF 128.19 FBI T; THENCE: N 21 ° S 1' 29" E CONTINUING THROUGH SAID LOT 3 AND THROUGH LOT 4 FOR A DISTANCE OF 151.34 FEET TO THE SOUTHWEST LINE OF CULPEPPER DRIVE; THENCP': S 48° 02' 17" E ALONG THE SOUTHWEST LINE. OF CULPEPPER DRI.N'B FOR A DISTANCE O 10.65 FEET; THENCE: S 21'5 1' 29" W THROUGH LOTS, 5.00 FEET FROM AND PARALLEL TO THE NORTHWEST LINE QF SAID LOT 5 AND ALONG A SQVTJiEMT LINT qF $AID ;L' � ivtEN 1 FpR,�',f?1 TA ICE3 03? 148,43 . W; THENCE: S 63'4826" E CONTINUING THROUGH SAID LOT 5 FOR A DISTANCE OF 8.80 FEET TO AN ANGLE POINT IN THE NORTHEAST LINTE OF SAID EASEMENT; THENCE: S 48° 02' 17" E CONTINUING THROUGH SAID LOT 5 AN[) THROTiGHLOTS 6 -12, BLOCK 9, 5.00 FEET FROM AND PARALLEL TO THE SOUTHWEST LINE OF SAID LOTS, AND ALONG THE NORTHEAST LINE OF SAID EASEMENT FOR A DISTANCE OF 533.71 FEET; THENCE: N 41'58'38" E CONTINUING THROUGH SAID LOT 12 AND ALONG A NORTHWEST LINE OF SAID ]BASEMENT, 5.00 FEET FROM AND PARALLEL TO THE SOUTHBA.ST LINE OF SAID LOT 12, FOR A. DISTANCE OF 137.00 FEET TO THE SOUTHWEST .LINE OF CULPI PPER DRIVE; THENCE: 9 48° 02' 17" E ALONG THE SOUTHWEST LINE OF CULPEPPER, DRIVE FOR A DISTANCE OF 10.00 FEET TO THE O OF J3ErIIIx. NINE CONTAINING 0.29 OF AN ACRE OF LAND, MORE ORLt?S S, AS SURVEYED ON THE GROUND JULY 2012 AND VISUALLY CHECKED SRPTEM.BER 2012. SEE PLAT PREPARED OCTOBER 2012 FOR MORE DESCRIPTIVE INFORMATIONA BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:IWORK/MAB /12- 658D.MAB METES AND BOUNDS DESCRIPTION OF A 10' UTILITY EASEWIFNT BLOCK 10 SECOND REVISION, OAK TERRACE ADDITION COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF A 10.00 FOOT WIDE UTILITY EASEMENT LYING AND BEING SITUATED Tip C,OIIL-CYE STATION, BRATOS COUNTY, TEXAS. SAID EASEMENT BEING ALL OF THAT I0.00 FOOT NVIDE UTILITY EASENff NT LYING IN BLOCK 10, SECOND RE NgSION, OAK TERRACE ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 152, PAGE 237 OF THE DEED RECORDS OF BRAZOS COUNTY SAID EASEMENT BEING MORE PARTICULAARL'Y DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A Y INCH IRON ROD .FOUND ON THE SOUTHWEST LINE OF MILAM AVENUE (50' R.O.W.) MARKING THE- NORTHEAST CORNER OF LOT 10, BLOCK 10, AND THE BEGINNING OF A TRANSITION CURVE, FOR REFERENCE A' /Y I NCH. IRON ROD FOUND ON THE NORTHWEST LINE OF CROSS STREET (50' R.O.W) MARKING THE SOUTHEAST CORNER OF SAID LOT 10 AND THE END OF SAID TRANSITION CURVE BEARS: S 03'02'46" E FOR A DISTANCE OF 42.43 FEET; THENCE: N 48* 02'46" W ALONG THE SOUTHWEST LINE OF NM&-NT AVENUE FOR ADISTANCE OF 90.16 FEET TO THE kOINT OF BEGI 1�,_,7IrLG OF THIS HEREIN DI SCRT13ED BASEMBNl'; THENCEt S 41 58'38" W ALONG THE SOUTHEAST LINE OF SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE NORTHWEST LINE OF TATS 10 -12, FOR A DISTANCE OF 280.38 FEET TO THE NORTHEAST LINE OF DOGWOOD STREET (50' R.O.W.), FORREFERENCE A 518.INCH IRON ROD FOUND ON THE NORTHEAST LINE OF DOGWOOD STREET MARRING IRE SOUTHWEST CORNER OF SAID LOT 12 BEARS: S 48° 02'46" E FOR A DISTANCE OF 90.27 FEET; THENCE: N 48° 02'46" W ALONG THE NORTHEAST LINE OF DOGWOOD STREET, AT 5.00 FEET PASS THE COMMON CORNER OF LOTS 12 AND 13, CONTINUE. ON FOR A TOTAL DISTANCE OF 10.00 FEE7T TO A NORTHWEST LINE OF SAID BASEMENT; 'T'H'ENCE: N 41 ° 58' 38" E THROUGH SAID LOT 13, 5.00 FEET FROM AND PARALLEL TO TIM SOUTHEAST LINE OP SAID I.OT 13, FOR A DISTANCE OF 135.19 FEET; THENCE: N 48 02'46" W CONTINUING THROUGH SAID LOT 13 AND THROUGH LOTS 14 - 18 AND ALONG A SOUTHWEST LINE OF SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE NORTHEAST LINE OF SAID LOTS, FOR A DISTANCE OF 429.85 FEET; THENCE: S 33° 29' 24" W TI-MOUGI-I SAID LOT 18, 5,00 FEET FROM AND PARALLEL T01lM NORTHWEST LINE OF SAID LOT 18 AND ALONG A SOUTHEAST LINE OF SAID EASEMENT FOR A DISTANCE OF 136.68 FEET TO THE NORTHEAST LINE OF DOGWOOD STREET; THENCE: N 48'02 W ALONG THE NORTHEAST LINE OF DOGWOOD STREET FOR A DISTANCE OF 10.11 FEET TO THE NORTHWEST LINE OF SAID EASF;MI NT, FOR RI3FERENCE A 518 INCH IRON ROD FOUND ON IERNORTHEAST LINE OF DOGWOOD STREET MARKING A WESTERLY CORNER OF LOT 1, BLOCK 10, BEARS: N 48 02 W FOR A DISTANCE OF 109.49 FEET; THENCE, N 33 29'24" F_. THROUGH LOTS 1 -2, BLOCK 10, 5.00 FELT mom AND PARALLEL TO THE SOUTHEAST LINE OF SAID LOTS, AND ALONG THE NORTHWEST LINE OF SAID EASEMENT FOR A 1 DISTANCE OF 277.63 FEET TO THE SOUTHWEST LINE OF MIL >AA4 AVENUE, THENCE: S 56'44 .E ALONG THE SOUTHWEST LIKE OF MILAM AVENUE, AT 5.00 FEET.' PASS THE COMMON CORNER OF SAID LOT 3 AND LOT 4, BLOCK 10, CONTINUE ON FOR A TOTAL DISTANCE OF 10.00 FEET; THENCE: S 33 29'24" W THROUGH SAID LOT 4, 5.00 FEET RkOM AND PARALLEL TO THE NORTHWEST TINE OF SAID LOT 4 AND ALONG A SOUTHEAST LINE OYSAID EASEMENT FOR A DISTANCE OF 132,37 FEET; THENCE; S 48° 02'46 E CONTINUING THROUGH SAID LOT 4 AND THROUGH. LOTS 5 -9. BLOCK 10, 5.00 FEET FROM AND PARALLEL TO THE SOUTHWEST LINE OF SAID LOTS, AND ALONG THE NORTHEAST LINE OF SAID EASEMENT FOR A DISTANCE OF 431.34 FRET; THENCE: N 41° 58'38"E CONT'INt3ING THROUGH SAID LOT 9 AND ALONG A NORTHWEST LINE OF SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO '1 Br- SOUTHEAST LINE OF SAID LOT 9, FOR A DISTANCE OF 135.19 FEET TO THE SOUTHWEST LINE OF MILAM. AVENUE; TII'ENCE- S 48'02! 46" E ALONG THE SOUTHWEST LINE OF MILAM AVENUE FOR ADISTANCE OF 10,00 FEET TO THE FOINT OF BEGINNING CONTAINIf G 0,23 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND JULY 2012 AND VISUALLY CHEECKED SEPTEMBER 2012. SEE PLAT PREPARED OCTOBER 2012 FOR MORE i71;.SCRIi''rfVE INFORMATIO`i. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORIUMAB /12- 658E.MAB METES AND BOUNDS DESCRIPTION OF A 10' UTILITY EASEMENT BLOCK 12 SECOND REVISION, OAK TERRACE, ADDITION COLLEGE STATION, BI AZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF A 10,00 FOOT WIDE UTILITY EASEMENT LYING AND BEING SITUATED 1N COLLEGE STATION, BRAZOS COUNTY, ERAS. SAID EASEMENT BEINGA PORTIONT OF LOTS 5 AND 6, BLOCK 12, SECOND REVISION, 0, K T'13RRACE ADDMON, ACCORDING TO THE PLAT RECORDED IN VOLUME 152, 152, PAGE 237 OF THE DEE.D RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED 13Y METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 518 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF CROSS STREET (50' RO.W,) MARKING A NORTHERLY CORNER OF SAID BLOCK 12; THENCE: S 41 ° 58'38" W ALONG TIME SOUTHEAST LINK GF CROSS STREET FOR A DISTANCE OF 309.18 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED EASEMENT; THENCE: S 48'01'21 " E THROUGH SAID LOT 5, 5.00 FEET FROM AND P.ARAIJ II. TO THE COMMON LINE OF SAID LOT 5 AND LOT 6, FOR A DISTANCE OF 135.00 FEET TO THE NORTHWEST LINE OF ANOTHER EXISTING 10.00 FOOT WIDE UTILITY EASEMENT; THENCE: S 41" 58' 38" W THROUGH SAID LOT 5 AND LOT 6 AND ALONG THE NORTHWEST LINE OF SAID EXISTING EASEMENT, 10.00 FEET FROM AND PARALLEL TO TIVi SOUTHEAST LINE OF SAID LOTS, FOR A DISTANCE OF 10.00 FEET THENCE: N 48 01'21" W TFIROUGII SAID LOT 6, 5.00 I'LET FROM AND PARALLEL TO THE COMMON LINE OF SAID LOT 6 AND LOT 5, FOR A DISTANCE OF 13 5.00 FI;TT TO TIME SOUTHEAST LINE OF CROSS STREET; THENCE. N 41 58' 38" E ALONG THE SOUTHEAST Ln\FF, OF GROSS STREET FOR A DISTANCE OF 10.00 FEET TO THE FOOT OF BEG-UU9NG CONTAINING 1350 SQUARE FEET OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND JULY 2012 AND VISUALLY CHECKED SEPTEMBER 2012. SEE PLAT PREPARED OCTOBER 2012 FOR MORE DESCRIPTIVE INFORMATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D :/W ORK/MAB112 -6 5 8 A.MAB s X CITY OF COLLEGF STATION Home of Te=A6M University` office of the City Secretary_ CERTIFICATE TO COPY OF PUBLIC RECORD CITY OF COLLEGE STATION § STATE OF TEXAS § (30UNTY OF Ri Before me, the undersigned authority, personally appeared Tanya McNutt, who, being by me duly sworn deposed as follows: My name is Tanya McNutt. I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated. I am the custodian of the records of the City of College Station, Brazos County,. Texas. Attached hereto is a full, true and correct copy of Ordinance No. 2013 -3480 adopted by the City Council on February 14, 2013. I further certify, in the performance of the functions of my office, that said pages of record is an official record from the public office of the City Secretary, City of College Station, Brazos County, Texas, and are public records which are kept in said office and appear of record in said office. In witness whereof I have hereunto set my hand and affixed the official seal of the City of College Station, this 28 day of Februar 02 1 3. anya c 6 , Deputy City Secretary City of Coll ge Station, Texas Brazos County, State of Texas Sworn to and subscribed before me on the 28 day of February, 2013. 6 i Notary Public, State of Texas E ,��YPm BARBARA LEE VASS' ~ Notary Public, State of Texas - af Commission Expi '' 2 -15 -2016 P.O. BOX 9960 • 1 101 TEXAS AVENUE • COLLEGE STATION • TEXAS • 77842 cstx.gov 1- ORDINANCE NO. 13 - 13 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 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 237 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND THE 0.88 ACRE ENTIRETY OF THE TvflLAM 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. WHEREAS, the City o f C Station, Texas (hereinafter referred to as "CoCS"), has received an app li c ation from The Texas A&M University system (hereinal - re . ler to as "TAMUS") for the vacation and abandonment of a 0.77 acre portion of the Culpepper Drive Right of Way, said portion l along lots 4 through 13, block 9, of the Second Revision, Oak Terrace Addition, according to the plat recorded in Volume 152, Page 237 of the Of 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 t the plat recorded in Volume 1.52, Page 237 ex as , as co llectively described in Exhibit "A" o f the Official Records of Brazos Counly,'l ght-of-Way"); and attached hereto (such portions hereinafter referred to as the "Ri AS, TAMUS proposes a multi - fatuity residential development of approximately 14 acres in th city of College Station which necessitates the abandonment of the Right- of-Way and associated removal, reconstruction and/or realignment of public infrastructure (the "Project „ ). This abandonment is necessary for the preservation and enjoyment of the substantial property right of the a pplicant; and WHEREAS, the Project will provide a public benefit to the citizens of CoCS by redeveloping property in the Northgate area including the replacement of aging and in some casts dilapidated infrastructure; and WHEREAS, in order for the Right-of-Way to be vacated and abandoned by the City C o f th City of College Station, Texas, the City Council must make certain C� affirmative findings; now therefore, BE 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 re ference. ef 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 1. 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 wilt 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 272.001.0) 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 237 of the Official Records of Bravos County, Texas, and a 0.88 acre portion of the M.ilazn 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: l , The abandonment and removal of the Right -of -Way necessitates that TAMS 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 B /CS 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 lights of way; and 2. The abandonment and removal of the Right -of -Way necessitates that TAMUS remove and reconstruct approximately 700 linear feet M !II of existing l0 -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 I 100 linear feet of existing 10-inch public sanitary sewer line , ,long the portion of Culpepper Drive being abandoned and reconstruct said sewer line as a 21-incli sanitary sewer line; with such 21 -inch sanitary sewer line designed to t)e centered along the proposed development drive aisle; and 4. The abandonment and removal o f the Right -of -Way necessitates that'FAMUS dedicate a 20 -foot Public Utility Easement generally along the newly constructed 21-inch public sanitary sewer line a Culpepper Drive. This Public Utility Easement will be aligned and centered along the proposed development drive aisle; and 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 die construction and realignment of approximately 350 linear feet of 10-incli public sanitary sewer line generally along the southern development property line to and along the reconstructed portion o f Culpepper Drive; and 6. The abandonnicat and removal of the Right-of-Way necessitates that TAMUS remove an existing public water line located in Illat, portion of Milarn Avenue to be removed and reconstruct and realign an 8 -itch public water line for approximately 1000 linear feet along Dogwood Street connecting to the oxisting, public water line at inlow Boulevard looped to the existing public water line on the southern d property line south. of Cross Street; and 7. The abandonment and removal of the Right -of -Way necessitates that a portion o f ti p 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 cos ts associated with removing the public overhead electric line along the reconstructed portion o f Cross Street and Dogwood Street and reconstructing and realigning the same as an underground electric line located aloiv tile 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 COOS specific Public Utility and Access Easements as described herei:iz; and b. Provide surety for all public infrastructure to be reconstructed or realigned; and 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 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- Iaamily 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. / A- PASSED, ADOP'T'ED and APPROVED this q, d o 2013. APPROVED: Mayor ATTEST: 4 a �- City secrtl APPROVED: MR. YN, d �40 City Attomey ttlai EXHIBIT A METES AND BOUNDS DESCRIPTION OF A 0.77 ACRE TRACT CULPEPPER STREET RIGHT-OF-WAY SECOND REVISION, OAR: TERRACE ADDITION COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF CULPEPPER STREET RIGHT -OF -WAY (40' R.O W.) LYING BETWEEN BLOCK 9 AND THE RESERVE STRIP ADJACENT TO SOUTH COLLEGE AVENUE, FROM CROSS STREET (50' R.O.W.) TO INLOW BOULEVARD (39' R.O.W.), SECOND REVISION, OAK TERRACE ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 152, PAGE 237 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF CROSS STREET MARKING AN EASTERLY CORNER OF LOT 13, BLOCK 9, AND THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 30.00 FEET, FOR REFERENCE A 518 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF CROSS STREET MARKING THE A SOUTHERLY CORNER OF SAID BLOCK 9 BEARS: S 41° 57' 14" W FOR A DISTANCE OF 224.00 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89 59'31" FOR AN ARC DISTANCE OF 47.12 FEET (CHORD BEARS: N 03 - 42.42 FEET) TO A 518 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF CULPEPPER STREET MARKING THE END OF SAID CURVE; THENCE: N 48 W ALONG THE SOUTHWEST LINE OF CULPEPPER STREET, SAME BEING THE NORTHEAST LINE OF SAID BLOCK 9, FOR A DISTANCE OF 800.33 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 30.00 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58 18 FOR AN ARC DISTANCE OF 30.53 FEET (CHORD BEARS: N 77° 11'37" W - 29.23 FEED TO THE END OF SAID CURVE ON THE SOUTHEAST LINE OF INLOW BOULEVARD; THENCE: ITT 73° 39'04" E ALONG THE EXTENSION OF THE SOUTHEAST LINE OF INLOW BOULEVARD AND ACROSS THE RIGHT -OF -WAY OF CULPEPPER STREET FOR A DISTANCE OF 81.67 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 10.00 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 121 41'21" FOR AN ARC DISTANCE OF 21.24 FEET (CHORD BEARS: S 12 48'23" W -17.47 FEET) TO THE END OF SAID CURVE ON THE NORTHEAST LINE OF CULPEPPER STREET THENCE: S 48'02'17" E ALONG THE NORTHEAST LINE OF CULPEPPER STREET, SANE BEING THE SOUTHWEST LINE OF SAID RESERVE STRIP, FOR A DISTANCE OF 794.43 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 10.00 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00'00" FOR AN ARC DISTANCE OF 15.71 FEET (CHORD BEARS: N 86'57'14" E —14.14 FEET) TO THE END OF SAID CURVE; THENCE: S 41 57' 14" W ALONG THE EXTENSION OF THE NORTHWEST LINE OF CROSS STREET FOR A DISTANCE OF 80.00 FEET TO THE PgLI 1T OF BEOINNINO CONTAINING 0.77 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON TuE GROUND JUDY 2012 AND VISUALLY CHECKED SEPTEMBER 2012. SEE PLAT PREPARED OCTOBER 2012 FOR MORE DESCRIPTIVE INFORMATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D.AVORKJMAB112- 658B.MAB METES AND BOUNDS DESCRIPTION OF A 0.88 ACRE TRACT MILAM AVENUE RIGHT -OF -WAY SECOND REVISION, OAK TERRACE ADDITION COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF MILAM AVENUE RIGHT -OF -WAY (50' R.O.W.) LYING BETWEEN BLOCK 9 AND BLOCK 10, FROMCROSS STREET (50' R,O,W.) TO INLOW BOULEVARD (39' R.O.W.), SECOND REVISION, OAK TERRACE ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 152, PAGE 237 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF CROSS STREET MARKING THE SOUTHEAST CORNER OF LOT 10, BLOCK 10, AND TEE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 30.00 FEET, FOR REFERENCE A 5/9 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF CROSS STREET MARKING THE A SOUTHEASTERLY CORNER OF SAID BLOCK 10 BEARS: S 41'57 W FOR A DISTANCE OF 220.38 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 00' 00" FOR AN ARC DISTANCE OF 47.12 FEET (CHORD BEARS: N 03 02 W - 42.43 FEET) TO A' /2 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF MILAM AVENUE MARKING THE END OF SAID CURVE; THENCE: N 48° 02' 46" W ALONG TIC SOUTHWEST LINE OF MILAM AVENUE, SAME BEING THE NORTHEAST LINE OF SAID BLOCK 10, FOR A DISTANCE OF 523.16 FEET TO AN ANGLE POINT IN SAID LINE; THENCE: N 56° 44' 42" W CONTINUING ALONG THE SOUTHWEST LINE OF MILAM AVENUE FOR A DISTANCE OF 161.21 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING ARADIUS OF 30.00 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL, ANGLE OF 95 0 09'27" FOR AN ARC DISTANCE OF 49.82 FEET (CHORD BEARS: S 75° 40 W - 44.29 FEET) TO THE END OF SAID CURVE ON THE SOUTHEAST LINE OF INLOW BOULEVARD; THENCE: N 28'53'22 E ALONG THE EXTENSION OF THE SOUTHEAST LINE OF INLOW BOULEVARD FOR A DISTANCE OF 109.57 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 3 0. 00 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 75 13 1 46" FOR AN ARC DISTANCE OF 39.39 FEET (CHORD BEARS: S 16° 56' 49" E - 36.62 FEET) TO THE END OF SAID CURVE ON THE NORTHEAST LINE OF MILAM AVENUE; THENCE: S 54 0 33' 42" E ALONG THE NORTHEAST LINE OF MILAM AVENUE, SAME BEING TIIE SOUTHWEST LINE OF SAID BLOCK 9, FOR A DISTANCE OF 204.70 FEET TO AN ANGLE POINT IN SAID LINE; THENCE: S 48 02' 17" E CONTINUING ALONG THE NORTHEAST LINE OF MILAM AVENUE FOR A DISTANCE OF 497.13 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 30.00 FEET, THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 00'29 FOR AN ARC DISTANCE OF 47.13 FEET (CHORD BEARS: N 86 ° 5728" E - 42.43 FEET) TO A 5/8 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF CROSS STREET MARKING THE END OF SAID CURVE; THENCE: S 41'57'14" W ALONG THE EXTENSION OF THE NORTHWEST LINE OF CROSS STREET FOR A DISTANCE OF 109,76 FEET TO THE POINT OF BEGINNIN G CONTAINING 0.88 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND JULY 2012 AND VISUALLY CHECKED SEPTEMBER 2012, SEE PLAT PREPARED OCTOBER 2012 FOR MORE DESCJI! TIV(_. INFORMATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No, 4502 D:/W ORIUMAB /12- 658GMAB ; w OF t ! Y �t �t u