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HomeMy WebLinkAbout2016-3795 - Ordinance - 08/11/2016 ORDINANCE NO. 2016-3795 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.149 ACRE PORTION OF FIRST STREET RIGHT-OF-WAY LOCATED AT 600 FIRST STREET, RECORDED IN VOLUME 100, PAGE 440 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.149-acre portion of the First Street variable width right- of-way, which is located at 600 First Street, situated in the J.E. Scott Survey, Abstract No. 50, Brazos County, Texas, and being a part of the existing right-of-way of First Street out of the W.C. Boyett Estate Partition Map according to the plat of record in Volume 100, Page 440 of the Deed Records of Brazos County, Texas as described in Exhibit "A" attached hereto (such portions collectively hereinafter referred to as the "Right-of-Way"); and WHEREAS, in order for the Right-of-Way 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 1: 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 in the manner and as described in Ordinance Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Right-of-Way will not result in property that does not have access to public roadways or utilities; 2. Other than as set forth herein, there is no public need or use for the Right-of-Way; 3. Except as may be provided for in this ordinance, there is no anticipated future public need or use for the Right-of-Way; 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; Ordinance No. 2016-3795 Page 2 of 5 5. Utility infrastructure exists within the Right-of-Way and the City has a continuing need for currently existing public utilities to remain within the Right-of-Way, and said uses are expressly not abandoned herein; and 6. The Right-of-Way is hereby abandoned as a public roadway and is no longer thrown open to the general public but is only for the public purposes recited herein and is in all other respects hereby abandoned. PART 2: That the 0.149-acre Right-of-Way known as First Street and as described in Exhibit "A" be abandoned and vacated by the City for roadway purposes; provided, however, that the City shall retain a temporary blanket public utility easement on the area to be abandoned as set forth above, and the City does not abandon such uses. PASSED, ADOPTED and APPROVED this 11 th day of August, 2016. APPROVED: Mayor ATTEST: City Secret.', APPROVED: \ 1uwi de..--.\ r / �alk • Attorney Ordinance No. 2016-3795 Page 3 of 5 EXHIBIT "A" Ordinance No. 2016-3795 Page 4 of 5 Exhibit A FIELD NOTES 0.149 OF ONE ACRE PARTIAL ROW ABANDONMENT OF FIRST STREET OUT OF THE W. C. BOYETT ESTATE PARTITION MAP VOLUME 100, PAGE 440 City of College Station, Brazos County, Texas April 11, 2016 Ail that certain lot, tract or parcel of land being 0.149 of one acre situated in the J. E. SCOTT SURVEY, Abstract No. 50, Brazos County, Texas, and being a part of the existing Right-of-Way of First Street out of the W. C. Boyett Estate Partition Map according to the plat of record in Volume 100, Page 440, Deed Records of Brazos County, Texas, said 0.149 of one acre being more particularly described by metes and bounds as follows: BEGINNING at a 314" Iron Rod found for the most northerly corner, said corner being the most northerly corner of First Street, said corner also being the most westerly corner of Lot 1, Block 17 of said W. C. Boyett Estate Partition; THENCE S 46 °41 ' 33 " E, along the northeast right-of-way line of said First Street and the southwest line of said Lot 1 a distance of 97.54 feet to a point for the beginning of a curve; THENCE along the northerly right-of-way line of said First Street with the southerly line of said Lot 1 around a curve in a counterclockwise direction having a delta angle of 89 ° 54 ' 08 ", an arc distance of 80.00 feet, a radius of 50.98 feet, and a chord of N 88 ° 21 ' 23 " E, a distance of 72.04 feet to a 1/2" Iron Rod with Cap set for the point of tangency of said curve, said corner being located in the northwest right- of-way line of Park Avenue; THENCE S 43 °24' 19"W, a distance of 90.91 feet to a 1/2" Iron Rod with Cap set for the most southerly corner, said corner being located in the southwest right-of-way line of said First Street, a 5/8" Iron Rod with Cap found for the most easterly corner of Lot 17, Block 15 of said W, C. Boyett Estate Partition bears S 46 °41 ' 33 " E a distance of 228.67 feet; THENCE N 46 0 41 ' 33 " W, along the southwest right-of-way line of said First Street a distance of 148.25 feet to a 1/2" Iron Rod found for the most westerly corner, said corner being the most westerly corner of said First Street; THENCE N 43 ° 08 ' 22 " E, along the northwest right-of-way line of said First Street a distance of 40,02 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.149 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground during the month of June, 2015 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under FIRM Number 10093500. North Orientation is based on rotating the northwest line to grid north NAD83 (CORS 2011) epoch 2010.00, Texas State P -ne Central Zone by utilizing GPS Methods. i AP;.C.o...v.„ ► 10, .'. .i -4 , •' f tsi � . t �r 't ' ++,* :fizaaV.3 +-t•'gipr 1 l''' +aa ,.t+r a r r +..fir Ordinance No. 2016-3795 Page 5 of 5 Exhibit A �lr TRONG `' 1722 Broadmoor, Suite 105 's'a 1 RONG Bryan, Texas 77802 ';; • Phone: (979) 776.9836 URVEYING Fax: (979) 731-0096 T A,/ .(v. FIRM NO 70093500 email: curtisestrongsurveying,com STERLING - ABM NORTHGATE, LLC LOT 3R, BLOC I SCALE: 1" L. 40' LOT 2R, BLOCK I HYDE PARK ADDI ION HYDE PARK ADDITION REF. 12919/9 REF. 12919/9 N 43°14'14" E es 1/2" IR End. a 40.02' 3/4" IR End. a 4 m STERLING - AaM w NORTHGATE, LLC `o n p 0.488 AC. m in X al 12919/9 "l . w v a m cn A Wz --10 LOT 2 LOT 3 � KmX t0 D N BLOCK 16 -nam ‘4% ....:4 ...0, to m 8.60.98' D.89°84'09" L.80.00' T.50,90' L C.72.04' STERLING - ABM t Ce.s 88°21'23" W NORTHGATE, LLC 14 I/2" IR W/CAP SI 0.514 AC. 1/2" IR S 43°24'19" W __90,9i' S 43°24'19" W I50.00' 1291919 W/CAP SET A4 SPRUCE STREET 140'R.O.W.I 100/440 BLOCK IS a 73 (.-----(77>___—___—___--- m N w in ori —1 LOT 15 io o rn BLOCK 15 N .a rn NOTES: n c+� North Orienlolion Is bused on rotating the r O northwest line to grid north NA083 CORS2011 epoch 2010.00, Texas Stole Plane Central ° PARTIAL ROW ABANDONMENT Zone. �� OF FIRST STREET OUT OF THE o.„,-, '°k -.'°°+ ' W. C. BOYETT ESTATE I, H. CURTIS STRONG, REGISTERED PROFESSIONAL I. .°r� ... {1w PARTITION MAP LAND SURVEYOR NO. 4961, DO HEREBY CERTIFY `•F • it° , �`ai, , THAT THIS PLAT REPRESENTS THE RESULTS 114 2 °'-, :.°::°. ► VOLUME '1(10, PAGE 440 OF ANDAN ON CORRECTETGRTHEDBESTVEY OF MYDIS K KNOWLEDGE. �{ 90 'I +,/. + CITY OF COLLEGE STATION i ., 8 B.e...40 BRAZOS COUNTY, TEXAS ` :; 8u+ ° 7-" APRIL 11, 206