HomeMy WebLinkAbout2008-3105 - Ordinance - 08/28/2008ORDINANCE NO. 3105
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 1.04 ACRE VARIABLE WIDTH UTILITY
EASEMENT, SAID EASEMENT LIES ON LOTS 1 & 2, BLOCK 1, OF THE
MERKER - STRAWN SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN
VOLUME 1275, PAGE 15 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 1.04 acre Variable Width Utility Easement, said easement
lies on Lots 1 & 2, Block 1, of the Merker - Strawn Subdivision, according to the plat
recorded in Volume 1275, Page 15, of the Official Records of Brazos County, Texas, as
described in Exhibit "A" attached hereto (such portion hereinafter referred to as the
"Utility Easement "); and
WHEREAS, in order for the 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 Utility
Easement described in Exhibit "A" attached hereto and made a part of this
ordinance for all purposes.
Abandonment of the 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 Utility Easement.
3. There is no anticipated future public need or use for the Utility
Easement.
4. Abandonment of the Utility Easement will not impact access for all
public utilities to serve current and future customers.
PART 2: That the Utility Easement as described in Exhibit "A" be abandoned and
vacated by the City.
O: IOrdinances0rdinance Index 100810RDINANCE 3I05.doc
ORDINANCE NO. 3105
Page 2
PASSED, ADOPTED and APPROVED this 28 day of August 2008.
APPROVED:
ATTEST:
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APPROVED:
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City Attorney
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Mayor
0: IOrdinancesDrdinance Index 2008DRDINANCE 3105.doc
A
METES AND BOUNDS DESCRIPTION
OF A
1.04 ACRE EASEMENT
MERKER- STRAWN SUBDIVISION
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF A 16.00 FOOT WIDE UTILITY EASEMENT LYING AND BEING
SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING A PORTION OF LOT I
AND LOT 2, BLOCK 1, MERKER - STRAWN SUBDMSION, ACCORDING TO THE PLAT RECORDED IN VOLUME
1275, PAGE 15 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS.
SAID EASEMENT BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF ROCK PRAIRIE ROAD (100'
R.O.W.) MARKING THE SOUTH CORNER OF SAID LOT 2 AND THE EAST CORNER OF A CALLED 3.00 ACRE
TRACT AS DESCRIBED BY A DEED TO DAVID W. HOLMES AND NANCY J. HOLMES RECORDED IN VOLUME
1209, PAGE 529 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: N 45'23'39" W ALONG THE COMMON LINE OF SAID LOT 2 AND SAID 3.00 ACRE TRACT FOR A
DISTANCE OF 16.00 FEET TO A POINT ON THE NORTHWEST LINE OF AN EXISTING 16.00 FOOT WIDE
UTILITY EASEMENT ACCORDING TO THE PLAT OF GANDY ROAD RECORDED IN VOLUME 352, PAGE 555
OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE POINT OF BEGINNING OF THIS
HEREIN DESCRIBED TRACT;
THENCE: N 45'23'39" W CONTINUING ALONG THE COMMON LINE OF SAID LOT 2 AND SAID 3.00 ACRE
TRACT FOR A DISTANCE OF 1038.68 FEET TO A '/2 INCH IRON ROD FOUND MARKING THE COMMON
CORNER OF SAID LOT 2 AND SAID 3.00 ACRE TRACT, SAID IRON ROD FOUND BEING ON THE SOUTHEAST
LINE OF THE REMAINDER OF A CALLED 13 6.063 ACRE TRACT AS DESCRIBED BY A DEED TO L. M. HAUPT,
JR. AND WIFE, STELLA GEREN HAUPT, RECORDED IN VOLUME 171, PAGE 392 OF THE DEED RECORDS OF
BRAZOS COUNTY, TEXAS;
THENCE: N 44" 11'53" E ALONG THE COMMON LINE OF SAID LOT 2 AND SAID REMAINDER OF 136.063
ACRE TRACT FOR A DISTANCE OF 429.64 FEET TO A 3/8 INCH IRON ROD FOUND MARKING THE NORTH
CORNER OF SAID LOT 2 AND THE WEST CORNER OF A CALLED 12.40 ACRE TRACT AS DESCRIBED BY A
DEED TO OSAGE, LTD. RECORDED IN VOLUME 1130, PAGE 570 OF THE OFFICIAL RECORDS OF BRAZOS
COUNTY, TEXAS; - -
THENCE: S 45° 25'30" E ALONG THE COMMON LINE OF SAID LOT 2 AND SAID 12.40 ACRE TRACT FOR A
DISTANCE OF 1040.12 FEET TO A POINT ON THE NORTHWEST LINE OF SAID EXISTING 16.00 FOOT WIDE
UTILITY EASEMENT (352/555), FOR REFERENCE A 518 INCH IRON ROD FOUND ON THE NORTHWEST LINE
OF ROCK PRAIRIE ROAD MARKING THE EAST CORNER OF SAID LOT 1 AND THE SOUTH CORNER OF SAID
12.40 ACRE TRACT BEARS: S 45° 25'30" E FOR A DISTANCE OF 16.00 FEET;
THENCE: THROUGH SAID LOT 1 FOR THE FOLLOWING CALLS:
S 44 23'25" W FOR A DISTANCE OF 8.00 FEET TO A POINT;
N 45 25' 30" W FOR A DISTANCE OF 326.00 FEET TO A POINT (THIS HEREIN DESCRIBED
EASEMENT BEING 8.00 FEET WIDE DURING THIS CALL);
S 44 22' 00" W FOR A DISTANCE OF 184.00 FEET TO A POINT (THIS HEREIN DESCRIBED
EASEMENT RESUMES A 16.00 FOOT WIDTH WITH THIS CALL);
S 45 25'30" E FOR A DISTANCE OF 325.92 FEET TO A POINT ON THE NORTHWEST LINE OF SAID
EXISTING 16.00 FOOT WIDE EASEMENT (352/555);
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S 44° 23'25" W ALONG THE NORTHWEST LINE OF SAID EXISTING EASEMENT (3521555) FOR A
DISTANCE OF 16.00 FEET TO A POINT WITHIN SAID LOT 2;
THENCE: THROUGH SAID LOT 2 FOR THE FOLLOWING CALLS:
N 45 25'30" W FOR A DISTANCE OF 341.91 FEET TO A POINT;
N 44" 22'00" E FOR A DISTANCE OF 192.00 FEET TO A POINT;
N 45 25'30" W FOR A DISTANCE OF 682.08 FEET TO A POINT;
S 44 11'53" W FOR A DISTANCE OF 397.64 FEET TO A POINT;
S 45" 23'39" E FOR A DISTANCE OF 1022.74 FEET TO A POINT ON THE NORTHWEST LINE OF SAID
EXISTING EASEMENT (352/555);
S 44 23'25 " W FOR A DISTANCE OF 16.00 FEET TO THE POINT OF BEGUq-aNG CONTAINING 1.04
ACRES OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND JANUARY 2008. SEE PLAT
PREPARED JUNE 2008 FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN
HEREIN IS BASED ON THE PLAT CAL BEARINGS OF MERKER- STRAWN SUBDMSION, 1275115.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
C: /WORKi MAB /08 -44013
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