HomeMy WebLinkAbout2023-4445 - Ordinance - 06/12/2023ORDINANCE NO. 2023-4445
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING
AND ABANDONING AN APPROXIMATELY 60-FOOT WIDE PUBLIC UTILITY
EASEMENT, SAID EASEMENT LYING AND BEING SITUATED IN THE MORGAN
RECTOR LEAGUE, ABSTRACT NO. 46, COLLEGE STATION, BRAZOS COUNTY,
TEXAS, CROSSING LOTS 1 AND 2, BLOCK 2 AND OAK WAY DRIVE RIGHT-OF-
WAY, POST OAK MALL SUBDIVISION, AS SHOWN ON THE REPLAT OF SAID
SUBDIVISION RECORDED IN VOLUME 517, PAGE 689 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 an approximately 60-foot wide Public Utility Easement, said easement crossing
Lots 1 and 2, Block 2 and Oak Way Drive Right-of-Way, Post Oak Mall Subdivision, and being
the same easement conveyed by College Station Land Company to the City of College Station in
an instrument dated January 10th, 1978 and recorded in Volume 390, Page 733, of the Deed
Records of Brazos County, Texas, attached as 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 upon completion of the following condition:
ORDINANCE NO. 2023-4445 Page 2 of 2
1. That the owner of Lots 1 and 2, Block 2, Post Oak Mall Subdivision convey to
the City, by separate instrument in a form acceptable to the City, a variable
width Public Utility Easement located along the Holleman Drive road frontage
of Lots 1 and 2, Block 2, Post Oak Mall Subdivision.
PASSED, ADOPTED and APPROVED this 12th day of June, 2023.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
Exhibit A