HomeMy WebLinkAbout2022-4390 - Ordinance - 09/22/2022ORDINANCE NO. 2022-4390
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING
AND ABANDONING A 0.087 ACRE PORTION OF A 15-FOOT PUBLIC UTILITY
EASEMENT, SAID PORTION LYING DUE EAST OF THE TERMINUS OF
BIOMEDICAL WAY, OF THE TRADITIONS SUBDIVISION PHASE 23 ACCORDING
TO THE EASEMENT AGREEMENT RECORDED IN VOLUME 13417, PAGE 155, OF
THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS
WHEREAS, the City of College Station, Texas, has received an application for the vacation and
abandonment of a 0.087 acre portion of a 15-foot Public Utility Easement, said portion lying due
east of the terminus of Biomedical Way, of the Traditions Subdivision Phase 23 according to the
easement agreement recorded in Volume 13417, Page 155, of the Official Records of Brazos
County, Texas, as described in Exhibit “A”, attached hereto (such portion hereinafter referred to
as the “Public Utility Easement”); and
WHEREAS, in order for the Public Utility Easement 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 Public Utility Easement
described in Exhibit “A” attached hereto and made a part of this ordinance for all
purposes.
1. Abandonment of the Public Utility Easement 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 Public Utility Easement.
3. There is no anticipated future public need or use for the Public Utility
Easement.
4. Abandonment of the Public Utility Easement will not impact access for all
public utilities to serve current and future customers.
PART 2: That the Public Utility Easement as described in Exhibit “A” be abandoned and
vacated by the City only upon completion of the following conditions:
1. The City shall retain the Public Utility Easement until such time that the
existing waterline has been removed per the construction plans approved by
the City, in a form acceptable to the City.
ORDINANCE NO. 2022-4390
Page 2 of 2
PASSED, ADOPTED and APPROVED this 22nd day of September, 2022.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney