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HomeMy WebLinkAbout2023-4475 - Ordinance - 10/26/2023ORDINANCE NO. 2023-4475 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.058 ACRE PORTION OF RIGHT-OF-WAY, GENERALLY LOCATED BETWEEN LOTS 5, 6, & 7 OF BLOCK 1 OF THE SOUTHEAST COLLEGE PARK SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOL. 119, PAGE 563, 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 0.058-acre portion of right-of-way, said portion is generally located between Lots 5, 6, & 7 of Block 1 of the Southeast College Park Subdivision, according to the plat recorded in Vol. 119, Page 563, of the Deed Records of Brazos County, Texas and as described in Exhibit “A”, attached hereto (such portion 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 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. ORDINANCE NO. 2023-4475 Page 2 of 2 PASSED, ADOPTED and APPROVED this 26th day of October, 2023. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Exhibit A METES AND BOUNDS DESCRIPTION Being a tract of land containing 0.0580 acres, being a portion of a 15' alley, adjoining Lots 5, 6 and 7, Block 1 of Southeast College Park Subdivision, College Station, Brazos County, as plat recorded in Vol. 119, Page 563, of the Brazos County Official Records (B.C.O.R.), also being a portion of the tract recorded in Vol. 10610, Page 89 of the B.C.O.R. All bearings of this survey are referenced to the Texas State Plane Coordinate System, Central Zone, NAD83(2011) Epoch 2010, and boundary referenced to 1/2” iron rods and 1/2" iron pipe found and referred to in the previously recorded plat, and as surveyed on the ground on August 19th of 2022. This description is also referred to the plat prepared by ATM Surveying, Project No. 2022-04613, and being more particularly described as follows: COMMENCING at a 1/2" iron pipe found for the south corner of the Scott C. Quinn and Glenda K. Quinn called parts of Lots 5, 6, and 7, Block 1 and part of an alley, as recorded in Vol. 10610, Page 89 of the B.C.O.R., also being the west corner of the Michael D. Macicek and Amber M. Macicek called 0.255 acres, called part of Lots 5 and 6, Block 1, as recorded in Vol. 13156, Page 142 of the B.C.O.R., also being a point in the northeast line of the Georgia and John Williams called 1.06 acres, called all of Lot 4 and part of Lots 3, 4, 5 and 6, Block 1, as recorded in Vol. 17781, Page 93 of the B.C.O.R. THENCE North 46°56’41” West, a distance of 16.05 feet along the common line between said Macicek tract and said Williams tract to a calculated south corner of this tract, for the PLACE OF BEGINNING, also being a point in the southeast right-of-way line of a 15' alley; THENCE North 46°56’41” West, a distance of 16.05 feet along the common line between this tract and said 15’ alley to a calculated west corner of this tract; THENCE North 63°52’59” East, a distance of 172.57 feet severing said Quinn tract to a calculated north corner of this tract, also being a point in the southwest right-of-way line of South Dexter Drive (50’ R.O.W.), from which a 1/2" iron rod found with yellow plastic cap marked unreadable bears N 20°01'21" W, a distance of 50.06 feet for reference; THENCE around a curve to the right having a delta angle of 01°25’14”, an arc distance of 15.19 feet, a radius of 612.75 feet, and a chord of South 16°58’15” East, a distance of 15.19 feet along the common line between this tract and said South Dexter Drive to a calculated east corner of this tract, from which Monument 220 bears S 60°05'03" E, a distance of 2202.68 feet for reference; THENCE South 63°52’59” West, a distance of 164.45 feet severing said Quinn tract to the PLACE OF BEGINNING containing 0.0580 acres. Adam Wallace Texas Registered Professional Land Surveyor No. 6132 - FIRM #101784-00 22 - 04613 - S Dexter Dr - 800-802-alley exhibit-LEGAL—8/19/2022