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HomeMy WebLinkAbout2008-3072 - Ordinance - 05/08/2008ORDINANCE NO. 3072 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.077 ACRE (3364 SQUARE FOOT) PORTION OF THE TWENTY FOOT (20') WIDE PUBLIC UTILITY EASEMENT, SAID PORTION LYING ALONG LOT 4, OF THE CHRISTY SUBDIVISON, ACCORDING TO THE PLAT RECORDED IN VOLUME 213, PAGE 463 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND 8.62 ACRE TRACT AS DESCRIBED BY DEED RECORDED IN VOLUME 204, PAGE 275 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 twenty foot (20') wide Public Utility Easement, said portion lying along Lot 4, of the Christy Subdivision, according to the plat recorded in Volume 213, Page 463, of the Official Records of Brazos County, Texas, and 8.62 acre tract as described by Deed recorded in Volume 204, Page 275 of the Official Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the "Easement "); and WHEREAS, in order for the 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 Easement described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the 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 Easement. 3. There is no anticipated future public need or use for the Easement. 4. Abandonment of the Easement will not impact access for all public utilities to serve current and future customers. C: (Documents and SettingsltmcnuMLocal SettingslTemporary Internet Fil eslContent .IE51U4UE57001Ordinance(IJ.doc ORDINANCE NO. 3072 Page 2 PART 2: That the Easement as described in Exhibit "A" be abandoned and vacated by the City. PASSED, ADOPTED and APPROVED this 8th day of Mav , 2008. APPROVED: " - - _ 1 /.-- e- Mayor ATTEST: City Secretary APPROVED: V'�RiFY authan�irity with ArmrnvPtt City Attorney C: (Documents and SettingsVmcnutaocal SettingslTemporary Internet FilesIContent.1E51 U4UE57001Ordinance[I].doc Ordinance No. 3072 METES AND BOUNDS DESCRIPTION OF A 0.077 ACRE TRACT PORTION OF A 20' UTILITY EASEMENT 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 A CALLED 20.00 FOOT WIDE UTILITY EASEMENT AS SHOWN ON THE PLATOF CHUM SUBDIVISION RECORDED IN VOLUME 213, PAGE 463 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID PORTION OF EASEMENT LYING PARTIALLY WITHIN LOT 4, CHRISTY SUBDIVISION, AS CURRENTLY OWNED BY COLLEGE STATION INDEPENDENT SCHOOL DISTRICT, AND PARTIALLY WITHIN THE REMAINDER OF A CALLED 8.62 ACRE TRACT AS DESCRIBED BY A DEED TO A&M CONSOLIDATED SCHOOL DISTRICT RECORDED IN VOLUME 204, PAGE 275 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD FOUND ON THE SOUTHERLY LINE OF SAID REMAINDER OF 8.62 ACRE TRACT MARKING THE NORTHEAST CORNER OF SAID LOT 4 AND THE NORTHWEST CORNER OF LOT 3, CHRISTY SUBDIVISION; THENCE: S 10° 09' 57" W ALONG THE COMMON LINE OF SAID LOTS 3 AND 4 FOR A DISTANCE OF 11.02 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID UTILITY EASEMENT, FOR REFERENCE A 3/8 INCH IRON ROD FOUND ON THE NORTH LINE OF GILCHRIST AVENUE MARKING THE COMMON CORNER OF SAID LOTS 3 AND 4 BEARS: S 10° 09'57" W FOR A DISTANCE OF 155.50 FEET; THENCE: THROUGH SAID LOT 4 AND ALONG THE SOUTHERLY LINES OF SAID EASEMENT FOR THE FOLLOWING CALLS: S 75 21'59" W FOR A DISTANCE OF 65.95 FEET TO A POINT; S 40° 13'54" W FOR A DISTANCE OF 92.48 FEET TO A POINT ON THE COMMON LINE OF SAID LOT 4 AND SAID REMAINDER OF 8.62 ACRE TRACT; THENCE: N 49° 46'06"W ALONG THE COMMON LINE OF SAID LOT 4 AND SAID REMAINDER OF 8.62 ACRE TRACT, AT 10.00 FEET PASS THE WEST CORNER OF SAID LOT 4, CONTINUE ON THROUGH SAID REMAINDER OF 8.62 ACRE TRACT FOR A TOTAL DISTANCE OF 20.00 FEET TO A POINT; THENCE: THROUGH SAID REMAINDER OF 8.62 ACRE TRACT AND ALONG THE NORTHERLY LINE OF SAID EASEMENT FOR THE FOLLOWING CALLS: N 40 13'54" E FOR A DISTANCE OF 98.81 FEET TO A POINT; N 75 21' 59" E FOR A DISTANCE OF 76.90 FEET TO A POINT; THENCE: S 14 38' 01" E CONTINUING THROUGH SAID REMAINDER OF 8.62 ACRE TRACT AND THROUGH SAID EASEMENT FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.077 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND AUGUST 2007. SEE PLAT PREPARED MARCH 2008 FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRIDNORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORK/MAB /08- 106.MAB Ordinance No. 3072 In / \ Z X / ~ W Z V / r Z =zs�z: -^ z xm / ^ J NO O�O °n�iv i - h 0doo Z Q� (n0�ma y viOw� �W�N �Wd W \ O Z O Q'QWV)iQ' V ¢OW W W Z� Yzyom o2W^D N (1. N A 0 M� w Q O N �ooZ"��w Z a z \ ` (n W .Z H 0) 0 �ly- 0-V 'r w 0 °w��ai z 1 0,0 �I"7 W m W�U0 U� O � � > W o W OZzo N � C, � C7 Ex a \ °m�, - 17) - N O W �� O0 W O- N J °.� a \ o� �� O In OS'SSl 5 38 Olvl�p N ow Hplyl P/ 0 iD " L Lil ZO J 0 O N = W N CC) ko HZ Z U in In r :D N\ (n W 0 a. 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