HomeMy WebLinkAbout2020-4176 - Ordinance - 05/14/2020
ORDINANCE NO. 2020-4176
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING
AND ABANDONING A 0.693 ACRE PORTION OF THE 63-FOOT WIDTH RIGHT OF
WAY OF BIOMEDICAL WAY, SAID PORTION LYING SOUTHEAST OF THE
INTERSECTION OF HSC PARKWAY AND BIOMEDICAL WAY, ACCORDING TO
THE PLAT OF THE TRADITIONS SUBDIVISION, PHASE 23, RECORDED IN
VOLUME 11293, PAGE 184 OF THE DEED RECORDS OF BRAZOS COUNTY,
TEXAS.
WHEREAS, the City of College Station, Texas, has received an application from Bryan
Traditions, LP, (“Applicant”) for the vacation and abandonment of a 0.693 acre portion of
the 63–foot width Right-of-Way of Biomedical Way, said portion lying southeast of the
intersection of HSC Parkway and Biomedical Way, according to the plat of the Traditions
Subdivision, Phase 23, recorded in Volume 11293, Page 184, of the Deed Records of
Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter
referred to as the “Right-of-Way”); and
WHEREAS, in order for 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
described in 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. There is no public need or use for the Right-of-Way;
3. There is no anticipated future public need or use for the Right-of-
Way;
4. Abandonment of the Right-of-Way will not impact access for all
public utilities to serve current and future customers;
PART 2: That the Right-of-Way as described in Exhibit “A” be abandoned and
vacated by the City only upon completion of the following conditions:
1. The City shall retain a public access easement over the area
described in Exhibit “A” until such time that the Applicant has
constructed a Public Way and Temporary Turnaround to the
southwest in a form acceptable to the City.
ORDINANCE NO. 2020-4176 Page 2 of 4
2. The City shall retain a blanket public utility easement over the area
described in Exhibit “A” until such time that the Applicant conveys
by separate instrument or plat to the City a public utility easement
at the location of the existing water and electrical lines, in a form
acceptable to the City.
PASSED, ADOPTED and APPROVED this 14TH day of May, 2020
ATTEST: APPROVED:
____________________________ _____________________________
TANYA SMITH, City Secretary KARL MOONEY, Mayor
APPROVED:
____________________________
City Attorney
ORDINANCE NO. 2020-4176 EXHIBIT "A"Page 3 of 4
B
I
OM
E
D
I
C
A
L
W
A
Y
6
3
'
R
.
O
.W
.
(
1
1
2
9
3
/
1
8
4
)
'
B
U
R
G
E
S
S
L
A
N
E
'
(4
0
'
W
I
D
E
S
T
R
I
P
O
F
L
A
N
D
)
B
R
Y
A
N
C
O
MM
E
R
C
E
A
N
D
D
E
V
E
L
O
P
M
E
N
T
I
N
C
.
C
A
L
L
E
D
0
.
9
0
A
C
R
E
T
R
A
C
T
T
R
A
C
T
4
,
4
0
2
3
/
7
1
N/F
BRYAN COMMERCE AND
DEVELOPMENT INC.
PORTION OF THE REM. OF CALLED
324.83 ACRE TRACT
4023/91
POINT OF BEGINNING
TRACT ONE
5.831 ACRE TRACT
T
R
A
C
T
TW
O
0.
6
9
3
A
C
R
E
T
R
A
C
T
SURVEY PLAT
OF A
0.693 ACRE TRACT
PORTION OF BIOMEDICAL WAY
JOHN H. JONES SURVEY, A-26
COLLEGE STATION, BRAZOS COUNTY, TEXAS
P
ORDINANCE NO. 2020-4176 EXHIBIT "A"Page 4 of 4