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HomeMy WebLinkAbout2010-3286 - Ordinance - 09/23/2010ORDINANCE NO. 2010-3286 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 152 SQUARE FOOT PORTION OF RIGHT-OF- WAY AND A 207 SQUARE FOOT PORTION OF RIGHT-OF-WAY LYING WITHIN LOT 4 AND LOT 5, RESPECTIVELY, OF BLOCK 20 OF THE W.C. BOYETT ESTATE SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 100, PAGE 440 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 the 152 square foot and 207 square foot portions of right- of-way, said portions lying within Lot 4 and Lot 5, respectively, of Block 20, of W.C. Boyett Estate Subdivision, according to the plat recorded in Volume 100, Page 440, of the Official Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the "Right-of-Way"); and WHEREAS, in order for the Right-of-Way 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 Right-of-Way described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Right-of-Way 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 Right-of-Way. 3. There is no anticipated future public need or use for the Right-of- Way. 4. Abandonment of the Right-of-Way will not impact access for all public utilities to serve current and future customers. PART 2: That the Right-of-Way as described in Exhibit "A" be abandoned and vacated by the City. ORDINANCE NO. 2010-3286 Page 2 PASSED, ADOPTED and APPROVED this ' -day of a . 2010. APPROVED: tib ~d Mayor U ATTEST: City Secreta APPROVED: City Attorney Ordinance No. 2010-3286 FIELD NOTES 359 SQUARE FEET OUT OF THE W. C. BOYETT ESTATE PARTITION MAP VOLUME 100, PAGE 440 J. E. SCOTT LEAGUE, A-50 COLLEGE STATION, BRAZOS COUNTY, TEXAS AUGUST 10, 2010 All that certain lot, tract or parcel of land being 359 square feet situated in the J. E. SCOTT LEAGUE, Abstract No. 50, Brazos County, Texas, and being a part of Cherry Street, Second Street, and Boyett Street Rights-of-Way, according to the W. C. Boyett Estate Partition Map of record in Volume 100, Page 440, of the Deed Records of Brazos County, Texas, said 359 square feet being more particularly described by metes and bounds In tracts as follows: Tract One: 162 Square Feet BEGINNING at a Ya' Iron Pipe found In the northeast right-of-line of Boyett Street for the most southerly corner, said corner being the most southerly corner of Lot 4, Block 20 and the most westerly corner of Lot 3, Block 20 of said W. C. Boyett Partition Map; THENCE N 43 ° 50'26 " W, a distance of 18.29 feet to a'/z' Iron Rod with Cap set for the beginning of a curve; THENCE along said curve In a clockwise direction having an arc length of 36.01 feet, a radius of 25.00 feet, a chord bearing of N 02 ° $4' 18 " W, a chord length of 32.98 feet, and a delta angle of 82 ° 32' 17 to a %a" Iron Rod with Cap set for the most northerly corner, said corner being located in the northwest line of the remainder of said Lot 4, Block 20, and also being located in the existing easterly right-of-way line of Cherry Street, a'/z" Iron Rod with Cap set for the end of said curve bears N 40 ° 13 '51 " E a distance of 1.34 feet; THENCE along a curve In the northwest line of said Lot 4, Block 20 and the easterly rights-of- way of said Cherry Street and Boyett Street, respectively, in a counterclockwise direction having an arc length of 60.06 feet, a radius of 53.52 feet, a chord bearing of S 17 ° 02' 44 " E, a chord length of 48.26 feet, and a delta angle of 63 ° 36130 to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 152 SQUARE FEET OF LAND IN TRACT ONE, Tract Two: 207 Square Feet BEGINNING at a calculated point in the southeast right-of-way fine of Cherry Street for the most westerly corner, said comer being located In the northwest line of the remainder of Lot 5, Block 20 of said W. C. Boyett Estate Partition Map, a'/Z" Iron Rod with Cap set for the most westerly corner of the remainder of said Lot 5 bears S 41 ° 45 ' 62 'W a distance of 70.81 feet; THENCE N 41 ° 45' 62 " E, a distance of 2.61 feet to a'/" Iron Rod with Cap set for the beginning of a curve; THENCE along said curve in a clockwise direction having an arc length of 38.68 feet, a radius of 25.00 feet, a chord bearing of N 86 ° 05' 29 " E, a chord length of 34.94 feet, and a delta angle of 86 ° 39' 13 to a'/" Iron Rod with Cap set for the end of said curve; THENCE S 49 ° 34' 66 " E, a distance of 19.25 feet to a Iron Rod with Cap set for the most easterly corner, said corner being the most easterly corner of said Lot 5, Block 20 and being the most northerly corner of Lot 6, Block 20 of said W. C. Boyett Partition Map; THENCE along a curve with the existing right-of-way line of Second Street and the northeast line of said Lot 6, Block 20 in a counterclockwise direction having an arc length of 54.58 feet, a EXHIBIT Ordinance No. 2010-3286 radius of 49.83 feet, a chord bearing of N 80 ° 57'64 " W, a chord length of 51,90 feet, a delta angle of 62 ° 45'68 to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 207 SQUARE FEET OF LAND IN TRACT TWO. BOTH TRACTS CONTAINING A COMBINED AREA OF 359 SQUARE FEET OF LAND, MORE OR LESS, according to a survey performed April 1, 2009 under the supervision of H, Curtis Strong, Registered Professional Land Surveyor No. 4961. For north orientation and other Information, see accompanying plat. 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