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HomeMy WebLinkAbout2010-3259 - Ordinance - 07/08/2010ORDINANCE NO. 2010-3259 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 5,097 SQUARE FOOT, 20-FOOT WIDE PUBLIC UTILITY EASEMENT, WHICH IS LOCATED ON LOT 13A OF BLOCK 3 OF THE TOWER POINT PHASE 3 SUBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUME 9497, PAGE 120 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 5,097 square foot, 20-foot wide public utility easement, which is located on Lot 13A of Block 3 of the Tower Point Phase 3 Subdivision according to the plat recorded in Volume 9497, Page 120, 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. PART 2: That the Easement as described in Exhibit "A" be abandoned and vacated by the City. ORDINANCE NO. 2010-3259 Page 2 PASSED, ADOPTED and APPROVED this 8th day of July , 2010. APPROVED: Mayor L v ATTEST: I N T~"City Secretary APPROVED: City Attorney Ordinance No. 2010-3259 EXHIBIT A Easement Abandonment 5,097 Square Feet Part of Lot 13A, Block 3 Tower Point Subdivision - Phase 3 Robert Stevenson Survey, A-54 College Station, Brazos County, Texas Field notes of a 5,097 square foot tract, lying and being situated In the Robert Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas, and being part of Lot 13A, Block 3 - 1.02 acres, Tower Point Subdivision, Phase 3, according to the plat recorded in Volume 9497, Page 120, of the Official Records of Brazos County, Texas, and being that portion of the City of College Station, Texas - 20' wide utility easement, called 3.2621 acres and recorded in Volume 5282, Page 202, of the Official Records of Brazos County, Texas, which lies across said Lot 13A (as shown on said plat of Tower Point Subdivision, Phase 3), and said 5,097 sq. ft. tract being more particularly described as follows: COMMENCING at the iron rod found marking the east comer of the beforementioned Lot 13A, same being In the southwest line of South Park Estates, according to the plat recorded in Volume 795, Page 259, of the Official Records of Brazos County, Texas, and being in the northwest right-of-way line of State Hwy No. 40; THENCE N 600 58'37" W along the northeast line of the beforementioned Lot 13A, same being the southwest line of the beforementioned South Park Estates, adjacent to a fence, for a distance of 21.18 feet to a 60d nail set at the east comer of the beforementioned 20' wide utility easement (5282/202), at the PLACE OF BEGINNING of this description; THENCE S 480 59'28"W along the southeast line of the beforementioned utility easement (5282/202), across the beforementioned Lot 13A, for a distance of 258.50 feet and comer in the northeast line of the 20' wide private access easement and public utility easement as shown on the plat of Tower Point Subdivision, Phase 3, from which a iron rod marking the south comer of Lot 13A bears S 040 03'59" W - 28.24 feet; THENCE N 410 00' 58" W along the northeast line of said private access / utility easement for a distance of 20.00 feet to a 60d nail set; THENCE N 480 59' 28" E along the northwest line of the beforementioned utility easement (5282/202) for a distance of 251.23 feet to the north comer of the utility easement in the northeast line of Lot 13A, from which a iron rod at an 8" creosote post fence comer marking the north comer of Lot 13A bears N 600 58'37" W - 96.25 feet; THENCE S 600 58'3r E along the northeast line of Lot 13A for a distance of 21.28 feet to the PLACE OF BEGINNING, containing 5,097 sq. ft. of land, more orfess. Surveyed: April, 2010 By: S. M. Kling R.P.L.S. No."20 Prepared 04/2911U k6510- vdlTovA r Pokes HES - ennt obw4WNr t - 5WBgtt epd KLING ENGINEERING AND SURVEYING BRYAN. TEUS Ordinance No. 2010-3259 EXHIBIT A HALwW Pro%de R2\041\Stv4vw- Robert A-Ivilerk~t Pbee\d~9\F~AEIts\Tow► Point\E..t-\Ab..d. t -Let 130 Sock &d.9 4/JO/20f0 9.4&'16 IW \ SCALE: 1"=50' \ \ LOT 12 12.42 ACRES j \ LOT 13C 2.85 ACRES ' 10YNEa pHA Q A20 LOT 130 1.02 ACRES $ eDDD > 02 ~d•~;R c 20' WIDE PUBLIC $ 1 `ry LOT UTILITY EASEMENT ABANDONMENT t (5,097 SQ.FT.) g , LOT 14, BLOC ;;S CURRENCY NEliN6 CITY OF COLLEGE STATION, TEXAS 20' WIDE PROS 20 THROUGH THE CITY. ' UTNIIy EASElaT DEVON OAS At SERVICES I VOL 3282, PG. VOL 6098. -f L.3 PG. 279 tt ; II J ' ~ ENERGY TRANSFER P'PE1WE5-~ 't I Ll P.OcB:.l E%~I I C I .G G` ' E ` S 48-19'02'i-285.73 COY OF COLLEGE STATION, TEXAS 20' Ult" EASEUM QWM 3.238 'ACRE TRACT 20 01DE S0&jOLE PIPET:9IE o ~roGa c 4a~9 ~i4ro~ LOT 2 0.61 ACRE off' VOL.. 3637. Pr. 290 2 COWANY EASEMENT t12' ltdGN--l VOL 45M PG 284 ROD 'OLN1D 20' 1NDE DEVON GAS SL7 om VOL PC, STATE HIGHWAY NO. 40NR.O.W. VARIES 6098' 2° (W. D. FITCH PARKWAY) EDGE OF PAVE11. - r opr1Tf - r 62 LINE TABLE: LINE BEARING DISTANCE Lt S48.59'28'W 256.50' L2 N41'00'58"W 20.00' L3 N48'59'28'E 251.23' L4 S60'5V37'E 21.28' NOTES: 1. BEARINGS ARE PLAT CALL BEARINGS ACCORDING TO THE PLAT OF TOWER POINT SUBDIVISION, PHASE 3, ACCORDING TO THE PLAT RECORDED IN VOL 9497, PG. 120 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. SURVEYED: APRIL. 2010 BY: S.M. KUNG R.P.LS. N0. 03 x / a- EASEMENT ABANDONMENT OF A PORTION OF CITY OF COLLEGE STATION. TEXAS 20' WIDE PUBLIC UTILITY EASEMENT 15.097 SQUARE FEET( ACROSS ~E of TF s r LOT 1306 BLOCK 3 FR~ A,Q ~ o + TOWER POINT SUBDIVISION PHASE 3 VOL 9497. PG. 120 t S.M. KUNG ROBERT STEVENSON SURVEY. A-54 ' 2003 COLLEGE STATION. BRAZOS COUNTY. TEXAS ' 91i O~ess±q? SCALE: -50 APRIL. 2010 SU 6b/lm ph MM 7= N. i PA 60f m6 i Emma i mm/81F 11 KUNG ENGINEERING h SURVEYING BRYAN, TEXAS