HomeMy WebLinkAboutOrdinance ORDINANCE NO. 2785
AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND
ABANDONING A PORTION OF A FIFTY FOOT (50') WIDE ACCESS EASEMENT,
WHICH CROSSES AND LIES WITHIN SECTION 4. PHASE 2 OF THE CASTLEGATE
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 portion of a fifty foot (50') wide access easement, which crosses and lies
within Section 4, Phase 2 of the Castlegate Subdivision, in the City of College Station, said
portion of the access easement being more particularly described on Exhibit "A" attached hereto,
and
WHEREAS on February 24, 2005, the City Council of the City of College Station, Texas, heard
the application of Greens Prairie Investors, Ltd for the vacation and abandonment of the
aforementioned portion of the 50 foot wide access casement that crosses and lies within Section
4. Phase 2 of the Castlegate Subdivision, according to the plat recorded in Volume 4362, Pages
42&43. 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 Greens Prairie Investors, Ltd. to vacate and abandon
a 50 foot wide access easement, the City Council of the City of College Station. finds the
following facts:
1. The location of a fifty foot (50) wide access easement crosses the applicant's
property and inhibits its development
2 The easement has never been 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 fifty foot (50') wide access 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 a portion
of an access 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 casement is not detrimental to
the public health, safety or welfare or injurious to the property in the area: now
therefore.
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Ordinance No. 2785 Page
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS. that a portion of a fifty foot (50') wide strip of land previously planed as an access
easement, which crosses and lies within Section 4. Phase 2 of the Castlegate Subdivision in the
City of College Station,as described on Exhibit "A"attached hereto, be abandoned and vacated.
PASSED,ADOPTED and APPROVED this 24th day of February, 2005.
APPROVED
RON , L A. Mayor
ATTEST:
02vitti fjetirkL
E HOOKS.City Secretary
APPROVED.
Signed by Roxanne Nemdk~VA Ott:1MM
• 1
City Attorney
p e an.dost abandon rerrsedJoPM ord dor
Exhibit A
METES AND BOUNDS DESCRIPTION
OF A 50'ACCESS EASEMENT ABANDONMENT
0.2836 ACRES TRACT OF LAND
OUT OF SECTION 4,PHASE 2
OF THE CASTLEGATE SUBDIVISION
OUT OF THE ROBERT STEVENSON SURVEY,A-54
COLLEGE STATION
BRAZOS COUNTY,TEXAS
All that tract or parcel of land tying and being situated in Brazos County,Texas,in the Robert Stevenson
Survey,A.M.also being out of the Castiegate Subdivision,Section 4,Phase 2,as recorded in Vol 4362,
Pages 42.43,of the Bums County Official Records(B.C.O R),also being out of the Resmcted Open
Space Reserve tract as recorded in Vol 5040,Page 30,of the B.C.O.R.,and being more particularly
described by metes and bounds as follows with all control referred to the 1983 Texas State Plane
Coordinate System,Lambert Projection,Central Zone.
BEGINNING at a point for corner having a Texas State Plane Coordinate Value of Y..10,185,242.21
X-3,374,042.62 and being South 71°50'00"West,a distance of 1067.96 fat from Monument N137
referenced to said Coordinate System;
THENCE South 42°54'16"West,a distance of 2.42 feet to a 5/8"iron rod found for corner;
THENCE South 43°15'51"West.a distance of 45.90 feet to a 5/8"iron rod found for corner;
THENCE South 43°46'32"West,a distance of 168 feet to a point for corner;
THENCE North 47°12'07"West,a distance of 36.73 feet to a point for corner;
THENCE North 19°44'44"West,a distance of 87.89 feet to a point for corner;
THENCE North 48°05'47"West,a distance of 121.82 feet to a point for corer,being on the southeast
right-of-way line of Kendal Green Drive,and being North 41'54'13"East,a distance of 5 00 feet from a
518"iron rod found for reference for the north corner of Lot 38,of said subdivision;
THENCE North 41°54'13"East,a distance of 50.00 feet along the common lune between this tract and
said right-of-way line to a point for corner,also being South 41°54'13"West,5.00 feet from a 5/8"Iron
rod found for reference for the west corner of Lot 37 of said subdivision,
THENCE South 48°05'47"East,a distance of 134A5 feet to a point for corner
THENCE South 19°44'44"East,a distance of 88.30 fat to a point for corner,
THENCE South 47°12'07"East,a distance of 24.92 fat to the PLACE OF BEGINNING containing
02836 acres.
J�v��0' 41`,
DAN , •r
Dante Carl t5. '
omagmo ,� e e+`+o '
Texas Registered Professional X4,0
2.0'r�;
•
Land Surveyor No. 1562
Sect4ph2-Abandon.doc
December 23.2004
Exhibit A
EASEMENT ABANDONMENT
50' ACCESS EASEMENT
CASTLEGATE SUBDIVISION
SECTION 4, PHASE 2
VOL. 4362, PG. 42-43
Kendal Green ( wlle
60' ROW
N 41°54'13"E -50.00'-
BLOCK 2 -1‘_5.
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i $ 10'
N i P.U.E.
- - -- - - - - — J - -- -- -- - - — - — -
..._ .— 55.00' 5:5.00' �..
CAS1L V.47E MQNEIbNMER^s ASSOC/ABM LMC 50' ACCESS
` RESTRICTED OPEN SPACE EASEMENT
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DIMT f�INT, 7�Ri/q.1ls °. CASTLEO'A)E HLIaOI' R'S A SSi A AOM, INC
Vcl 3044PIS; 30 _-r - /
' S47°12'07"E;2492'
Groom Prairie Road
S 43°46'32"W- 1 68'J S 42°54'17"W-2 42'
S 43°15'51"W-45 90'
SCALE 1'=50'