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Home My WebLink About2008-3147 - Ordinance - 12/11/2008ORDINANCE NO. 3147 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.0759 ACRE VARIABLE WIDTH PUBLIC UTILITY EASEMENT, SAID EASEMENT LIES ON LOT 3, BLOCK 15, PHASE 1 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 1046, PAGE 591 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 0.0759 acre variable width public utility easement, said easement lies on Lot 3, Block 15, Phase 1 of the Correction Plat of Southwood Plaza Subdivision, according to the plat recorded in Volume 1046, Page 591 of the deed records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the "Easement "); and WHEREAS, on November 5, 2008, the City Council of the City of College Station adopted Ordinance No. 3127 abandoning the Easement following a public hearing held on that same date; and WHEREAS, the City of College Station has now determined that said public hearing was inadequately noticed pursuant to the City of College Station Code of Ordinances; and WHEREAS, proper notice was made for a public hearing to abandon the Easement on this date; 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. Applicant intends to relocate the existing public utility mains located in the Easement to a replacement public utility easement. 3. There is no public need or use for the Easement. 4. There is no anticipated future public need or use for the Easement. ORDINANCE NO. 3147 Page 2 5. Abandonment of the Easement will not impact access for all public utilities to serve current and future customers. PART 2: That the Easement as described in Exhibit "A" be abandoned and vacated by the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, a 0.0759 acre variable width public utility easement, said easement lies on Lot 3, Block 15, Phase 1 of the Correction Plat of Southwood Plaza Subdivision, according to the plat recorded in Volume 1046, Page 591 of the deed records of Brazos County, Texas, as described in Exhibit "A" attached hereto, be abandoned and vacated only upon completion of the following conditions: 1. That the Applicant remove and relocate the existing public utility mains to another public utility easement. 2. That the City Engineer approve and accept the relocated public utility mains. 3. That the Applicant dedicate the replacement public utility easement to the City in compliance with City standards. 4. That there will be no other infrastructure in the easement to be abandoned. 5. Prior to the acceptance of the construction of the relocated utility lines previously within the Easement approved for abandonment by the City, the then owner of the Subject Property shall deliver to the City an agreement in writing to hold the City harmless, and indemnify the City against all suits, costs, expenses, and damages that may arise or grow out of the City's approval of the abandoned Easement. If any of the above conditions are not met within eighteen (18) months, the abandonment shall be null and void and have no further force or effect. PASSED, ADOPTED and APPROVED this 11th day of December APPROVED: l) n Mayor TTEST: City Secretary , 2008. ORDINANCE NO. 3147 APPROVED: Page 3 Ordinance No. 3147 6LSif A Legal Description Brazos County, Texas FN No. 08 -0012f Part 2 D &A Job No. 001 -402 Ewa A "A" DESCRIPTION OF A TRACT OF LAND CONTAINING 0.0759 ACRE (3,306 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING OUT OF LOT 3, BLOCK 15 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA, PHASE ONE, RECORDED IN VOLUME 1046, PAGE 591, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, (D.R.B.C.T.), AND BEING A PORTION OF A VARIABLE WITH UTILITY EASEMENT AS SHOWN ON PLAT RECORDED IN VOLUME 1046, PAGE 591, SAID 0.0759 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): BEGINNING at a calculated point in the northwest Right -of -Way line of Brothers Boulevard (R.o.w. varies), and being a point in the southeast line of said Lot 3, for the northeast corner and POINT OF BEGINNING 'hereot from which a 2 -inch iron pipe found in the northeast Right - of -Way line of said Brothers Boulevard, and the south line of said Lot 3, bears along a curve to the right, whose radius is 292.70. feet, whose delta is 09 °54' 11 ", whose arc length is 50.59 feet, and whose chord bears, N70 0 09' S1 "E, a distance of 50.53 feet; THENCE, along the northwest Right -of -Way line of said Brothers Boulevard, and the south line of said Lot 3, along a curve to the left, whose radius is 292.70 feet, whose delta is 05 1 54'21 ", whose arc length is 30.17 feet, and whose chord bears, S62 °15'35 "W, a distance of 30.16 feet to a calculated point for the southeast corner hereof, from which a 2 -inch iron pipe found at the common southerly comer of said Lot 3, and the Lot 4K of the Replat of Lot 4B, Block 15, Phase 1J, of Southwood Plaza Subdivision, recorded in Volume 2153, Page 93 (D.RB.C.T.), bears the following two (2) courses and distances: along a curve to the left, whose radius is 292.70 feet, whose arc length is 65.13 feet, and whose chord bears S52 1 55'55 "W, a distance of 65.00 feet to a calculated point and, S46 °30'26 "W, a distance of 97.86 feet; THENCE, departing the northwest Right -of -Way line of said Brothers Boulevard, over and across said Lot 3, the following five (5) courses and distances: 1. along a south line of said variable width utility easement, N76 °1 1'45 "W, a distance of 95.62 feet to a calculated point for an angle point hereof; 2. continuing along a south line of said easement, S87 0 58'05 "W, a distance of 42.39 feet to a calculated point for the southwest corner hereof; 3. over and across said easement, N01°41'06 "W, a distance of 29.92 feet to a calculated point for the northwest comer hereof, Page 1 of 2 P:1001 -4021survey\legals 108 -0012f Revised Part ldoc Ordinance No. 3147 E:XUI -f A SLe.t Z of 3 4. along a north line of said easement, N87 °58'05 "E, a distance of 10.00 feet to a calculated point for an angle point hereof, and; 5. continuing along a north line of said easement, S76 °11'45 "E, a distance of 157.34 feet to the POINT OF BEGINNING and containing 0.0759 acre (3,306 sq. I) of land, more or less. �i OF 7 ason Ward, RP.L.S. No. 5811 Date �"' STL k Doucet & Associates Inc. ' JA 7401 B Hwy. 71 West, Suite 160 p.. =.4 Austin, Texas 78735 -q'' Es 1 s old °F . SUS Page 2 of 2 PA001- 402\z=ay\1egah\08 -0012f Revised Part 2.doc Ordinance No. 3147 ExUo + A S64- 3 of 3 — —_ —_ — EXISTING PROPERTY LINES PER PLAT �/ ,'/ — EXISTING EASEMENTS • 1/2' IRON ROD WITH "DOUCET CAP FOUND 9 2' IRON PIPE FOUND `� �� LOT4K L RBPLATOP (UNLESS NOTED) O CALCULATED POINT \ N i'/ MAG NAIL WITH 'DOUCET' WASHER FOUND P.O.B. POINT OF BEGINNING VOL VMUNE PG. PAGE R.O.W. RIGHT -OF -WAY D.R.B.C.T. DEED RECORDS. I D.R.B.C.T. BRAZOS COUNTY. TEXAS CRA WFORM DARNETT I LOT1A LEA UGE \\ LOT1B f — LOT 3 ,BLOCK 15 COR Z=ONPLAT OF SOUTHWOOD PLAZA PHASE ONE VOL, 1046, PG, 591 j D.R.B.C.T. UTILITY ESMT. VOL 1048, PG. 391 PER PLAT ; t RE LL LAT / -I L- - - - - - OFLOTS 1 & Z BLOCK 15, I +� SOUTHWOOD PLAZA, LOT2R -1 PHASE ONE VOL 1212, PG. 483 ) l D.R.B.C.T. rLOT DRAII VAGE AND UTILITYP-O.Wl \\ R -2 \ \ F r� ' r r U TILI TY ESMT. itl�I AT OFLOT 2R, i ' i i i VOL 1046, PG. 591 \ BLOCK 15 i / iii / PER PLAT SOLTTHWOOD PLAZA 4 YLp i ' PHASE ObW \ DOC # 0741445 JASO 5 WARD ; ' LINE TABLE \ DJLB.CT 9 �0 5811 0 N0. BEARING DISTANCE \\ L1 N76'1 1'45 "W 95.62' SUF, f i i' i' I L2 S87'58'05 "W 42.39' A= 50.59' L3 N01 *41'06"W 29.92' R= 292.70' \\ L4 N87'58'05 "E 10.00' A- 9'54'11" L5 S76'11'45 "E 157.34' I CB= N70'09'51 "E C= 50.53' e P.O.B. VARIABLE WIDTH UTILITY EASEMENT A =30.17' �\ 0.0759 ACRE <' ^�` k R - 29270' LOT 4B' \ ��\ VOL UTILITY ESMT 3,306 SOUARE FEET �� \\ OP■5'54'21" CB=S02 PER CB-S0215 WWI C-30.1 6 x LOTS <' V 00 Q G] ` �_ ' ` UTILM E9itT. 'O LOT0 \`� �) VOL PER PLAT 58i M n r ry \ `� UTILITY ESMT. \ ` VOL 1046, PG. 591 / u) LSO \ `\ 'N PER PLAT �/ ,'/ C -1 A =65.13' ' �.) I-�' 14 F.r . T OF I s >\ �� R =29270' A-12'45'00' O p LOT4A b c g 0 \ `� �� LOT4K L RBPLATOP CB- S52 ' \ N i'/ C =65.00' LOT 4B, BLOCK 15, PHASE II \\t7 Y SOUTBWOOD PLAZA SUBDIV7SION VOL 2153, PCT. 93 EK ING{ I D.R.B.C.T. ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORAINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), NADB3 (CORS), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINEDSCALE FACTOR OF 1.000107026389. 0.0759 ACRE PORTION OF A VARIABLE c WIDTH UTILITY EASEMENT TO BE VACATED • ee e e FN #08 2 GRAPHIC SCALE: 1" = 4 Doucet & Associates, Inc. 7401 B Hwy. 71 West; Suite 160 Austin, TX 78735, Phony (5 12) 583 -2600 Fax: (5 12) 583 -2601 CITY OF CO LLEGE STATION, ALUM TIM - NORTKM4"M M21ACHUEM- Poona CAtDomm BRAZOS COUNTY, TEXAS www.doucemndassociates.com I e.1 Data 9/19/2008 Sawa: 1.100' Drown by. J. Reviewer. JSW Protect: 001 -402 Sheet: 1 01 1 Fleld Book: 229 Party Chief. JI Survey Date: 11/29/07 ►I , :\001»402 \aurvey\DA- drawings \001 -402 wcate_vorlobk UEport Zdwg