HomeMy WebLinkAbout2005-2802 - Ordinance - 04/28/2005
ORDINANCE NO. 2802
AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND
ABANDONING A 0.583-ACRE PORTION OF THE SIXTY FOOT (60') WIDE RIGHT-OF-
WAY OF RENEE LANE, IN THE CITY OF COLLEGE STATION, TEXAS.
WHEREAS, the City of College Station has received an application for the vacation and
abandonment of a sixty foot (60') wide right-of-way, being more particularly described on
Exhibit "A" attached hereto; and
WHEREAS on April 28, 2005, the City Council of the City of College Station, Texas, heard the
application of Edelweiss Gartens Venture and Lick Creek Farm & Ranch Trust, both represented
by Steve Arden for the vacation and abandonment of the aforementioned sixty foot (60') wide
right-of-way according to the Final Plat of Bald Prairie Subdivision recorded in Volume 321,
Page 571, 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 Steve Arden to vacate and abandon a sixty (60) foot
wide right-of-way, the City Council of the City of College Station, finds the following facts:
I.
The location of a sixty foot (60') wide right-of-way is adjacent to the applicant's
property and inhibits its development. Steve Arden is the Managing Partner of
Edelweiss Gartens Venture and has provided a Letter of Appointment from Lick
Creek Farm & Ranch Trust authorizing Steve Arden as "Authorized Agent" to
request, file and execute all applications and permits required and necessary
thereto, including incorporating the development of the Real Property into Plats
and Re-Plats of any adjacent subdivisions; and
There is no utility infrastructure in the right-of-way; and
2.
3.
The section of roadway to be abandoned does not provide public access to any
other properties; and
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;
WHEREAS, the City Council after hearing the application and finding the specific facts as stated
above now concludes and finds that:
2.
I.
The fact that the location of the sixty foot (60') wide right-of-way is adjacent to
the applicant's property would deprive the applicant of the reasonable use of his
property because this abandonment would enable an improved street layout with
increased connectivity for the remainder of Renee Lane.
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 the public right-of-way necessary for the preservation and enjoyment of the
substantial property right of the applicant.
Ordinance No. 2802
Page 2
3.
The fact that the abandonment of a portion of the right-of-way is not detrimental
to the public health, safety or welfare or injurious to the property in the area; now
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, that a sixty foot (60') wide strip of land previously platted as a public right-of-way,
which was dedicated in Final Plat of Bald Prairie Subdivision recorded in Volume 321, Page 571
in the City of College Station, as described on Exhibit "A" attached hereto, be abandoned and
vacated only upon completion of the following condition:
I. Applicant shall design and construct a cul-de-sac located at the new terminus of Renee
Lane meeting all applicable City standards within six (6) months of the abandonment. If
said improvements are not completed within six (6) months, the abandonment shall be
null and void and have no further force or effect;
PASSED, ADOPTED and APPROVED this 28th day of April, 2005.
APPROVED:
ATTEST: , /J
~~
CONNIE HOOKS, City Secretary
~'X"¿'
RON S V , ayor
APPROVED:
City Attorney