HomeMy WebLinkAbout2007-2965 - Ordinance - 03/08/2007
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ORDINANCE NO. 2965
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 9,96 SQUARE FOOT PORTION OF THE FIVE
(5) FOOT WIDTH PUBLIC UTILITY EASEMENT, SAID PORTION LYING IN
LOTS I, 2, AND 3, BLOCK 22, OF THE W. C. BOYETT ESTATE PARTITION
ACCORDING TO THE PLAT RECORDED IN VOLUME 100, PAGE 440 OF THE
OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND ACCORDING TO THE
EASEMENT FOR PUBLIC UTILITIES AS DESCRIBED IN VOLUME 128, PAGE
412 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 portion of the Five (5) Foot Width Public Utility
Easement, said portion lying along Lots 1,2, and 3, Block 22, of the W.C. Boyett Estate
Partition, according to the plat recorded in Volume 100, Page 440, of the Official
Records of Brazos County, Texas, and according to the easement for public utilities as
described in Volume 128, Page 412 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 I:
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 ofthis
ordinance for all purposes.
I. 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.
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ORDINANCE NO. 2965
Page 2
PART 2:
That the Public Utility Easement as described III Exhibit "A" be
abandoned and vacated by the City.
PASSED, ADOPTED and APPROVED this 8th day of March, 2007.
APPROVED:
~J~
RON SILV , Mayor
ATTEST:
APPROVED:
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City Attorney
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Ordinance No. 2965
METES AND BOUNDS DESCRIPTION
OFA
996 SQUARE FOOT TRACT
W. C. BOYETT ESTATE PARTITION
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND
BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF
LOTS 1,2 AND 3, BLOCK 22, W. C. BOYETT ESTATE PARTITION, ACCORDING TO THE PLAT RECORDED
IN VOLUME 100, PAGE 440 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING
THAT PORTION OF A CALLED 5.00 FOOT WIDE EASEMENT FOR PUBLIC UTILITIES AS DESCRIBED IN
VOLUME 128, PAGE 412 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHEAST LINE OF COLLEGE MAIN MARKING THE SOUTH CORNER
OF SAID LOT I AND THE WEST CORNER OF LOT 8, BLOCK 4, W. C. BOYETT ESTATE PARTITION;
THENCE: N 440 14' 36"W ALONG THE NORTHEAST LINE OF COLLEGE MAIN FOR A DISTANCE OF 5.01
FEET TO A POINT ON THE NORTHWEST LINE OF SAID EASEMENT;
THENCE: N 41 050' 56" E THROUGH SAID LOTS 1,2 AND 3, AND ALONG THE NORTHWEST LINE OF SAID
EASEMENT FOR A DISTANCE OF 199.00 FEET TO A POINT ON THE COMMON LINE OF SAID LOT 3 AND
LOT 4, BLOCK 22;
THENCE: S 470 24' 50" E ALONG THE COMMON LINE OF SAID LOT 3 AND LOT 4 FOR A DISTANCE OF
5.00 FEET TO A POINT ON THE NORTHWEST LINE OF LOT 9, BLOCK 4, FOR REFERENCE A 3/8 INCH IRON
ROD FOUND ON THE SOUTHEAST LINE OF SAID LOT 4 MARKING THE NORTH CORNER OF SAID LOT 9
BEARS: N 410 50' 56" E FOR A DISTANCE OF 26.40 FEET;
THENCE: S 41050' 56" W ALONG THE COMMON LINE OF SAID LOTS 1,2 AND 3, AND SAID LOTS 8 AND
9, SAME BEING THE SOUTHEAST LINE OF SAID EASEMENT, AT 88.64 FEET PASS A 3/8 INCH IRON ROD
FOUND MARKING THE COMMON CORNER OF SAID LOTS 8 AND 9, CONTINUE ON FOR A TOTAL
DISTANCE OF 199.28 FEET TO THE POINT OF BEGINNING CONTAINING 996 SQUARE FEET OF LAND AS
SURVEYED ON THE GROUND NOVEMBER, 2006. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID
NORTH AS ESTABLISHED FROM GPS OBSERVATION.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
D:iWORKiMABi07-095.MAB
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Ordinance No. 2965
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