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HomeMy WebLinkAbout2003-2646 - Ordinance - 07/10/2003ORDINANCE NO. 2666 AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND CONDITIONALLY VACATING AND ABANDONING A PORTION OF A FORTY (40) FOOT WIDE DRAINAGE EASEMENT, WHICH CROSSES AND LIES WITHIN LOT 17, BLOCK 1, EMERALD FOREST, PHASE 2 IN THE CITY OF COLLEGE STATION, TEXAS. WHEREAS, the City of College Station has received an application for the vacation and abandonment of a portion of a forty (40) foot wide drainage easement, which crosses and lies within Lot 17, Block 1, Emerald Forest, Phase 2 in the City of College Station, said portion of the drainage easement being more particularly described on Exhibit "A" attached hereto; and WHEREAS on July 10, 2003, the City Council of the City of College Station, Texas, heard an application of Joseph A. and Barbara Ferreri for the vacation and abandonment of the aforementioned portion of the forty (40) foot wide drainage easement that crosses and lies within Lot 17, Block 1, Emerald Forest, Phase 2 according to the plat recorded in Volume 453, Page 905, of the Official Records of Brazos County, Texas; and WHEREAS, in order for any portion of an easement to be vacated and abandoned by the City Council of the City of College Station, the Council must make certain findings of facts; and WHEREAS, after hearing the application of Joseph A. and Barbara Ferreri to vacate and abandon a forty (40) foot wide drainage easement, the City Council of the City of College Station, finds the following facts: 1. A forty (40) foot wide drainage easement crosses the applicant's property and inhibits its development. 2. A creek bed is currently located in the drainage easement. o A public sanitary sewer main is currently located in the drainage easement. , The applicant submitted a re-plat of the property that has been approved by the City's Planning and Zoning Commission, which provides for a replacement drainage easement on the property, as depicted on Exhibit "B" attached hereto. o The land use in the neighborhood appears to be stable and the use to which this property is being put is not likely to change within the foreseeable furore and is similar to the use to that of the neighborhood; and WHEREAS, the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: The fact that the location of the forty (40) foot wide drainage easement that crosses the applicant's property would deprive the applicant of the reasonable use of his property; , The fact that the applicant submitted a re-plat of the property to the City which provides for a replacement drainage easement on the applicant's property; ./s/c/my docs/abandon/revised fortn ord. doc Ordinance No. 2646 Page 2 , The fact that the applicant intends to relocate the existing creek bed and public sanitary sewer main that cross the applicant's property to this replacement drainage easement, thus mitigating any negative impact to the City related to the vacation and abandonment of the existing portion of the drainage easement; . The fact that the land use is not likely to change within the foreseeable future provides a basis for granting applicant's request to vacate and abandon a portion of a drainage easement necessary for the preservation and enjoyment of the substantial property right of the applicant. , The fact that the vacation and abandonment of a portion of the drainage easement is not detrimental to the public health, safety or welfare or injurious to the property in the area; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, that a portion of a forty (40) foot wide strip of land previously platted as a drainage easement, which crosses and lies within Lot 17, Block 1, Emerald Forest, Phase 2 in the City of College Station, as described on Exhibit "A" attached hereto, be vacated and abandoned by the City only upon completion of the following conditions' o That the applicant relocate the creek bed crossing the applicant's property from the existing drainage easement to the replacement drainage easement , That the applicant relocate the existing public sanitary sewer main from the existing drainage easement to the replacement drainage easement. , That the applicant dedicate to the City a replacement drainage and utility easement on the applicant's property either by re-plat or by separate instrument in compliance with the City's regulations; Provided, however, that the City reserves all rights in the existing drainage easement until such time as the above conditions are met by the applicant and accepted by the City. PASSED, ADOPTED and APPROVED this 10th day of July, 2003. APPROVED' R0n Slain, ~Iay°r ATTEST: js/clmy docslabandon/revised form ord. doc Ordinance No. 2666 Page 2 CONNIE HOOKS, City Secretary APPROVED' VF R'~ FY ,a, ~th~an'tiritV City Attorney js/c/my docs/abandon/revised Jbrm ord. doc