HomeMy WebLinkAbout2013-3475 - Ordinance - 01/24/2013 • ORDINANCE NO. 2D/3 — 3
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 0.03 ACRE PORTION OF THE 15 -FOOT
WIDTH RIGHT OF WAY, SAID PORTION LYING ALONG LOTS 1, 2, 11 & 12,
BLOCK B, OF THE COLLEGE HEIGHTS SUBDIVISION, ACCORDING TO THE
PLAT RECORDED IN VOLUME 7623, PAGE 231 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 portion of the 15 -foot Width Right -of -Way, said portion
lying along Lots 1, 2, 11 & 12, Block B, of the College Heights Subdivision, according to
the plat recorded in Volume 7623, Page 231, 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. Other than as set forth herein, there is no public need or use for the
Right -of -Way;
3. Except as may be provided for in this ordinance, there is no
anticipated future public need or use for the Right -of -Way;
4. As set forth in this ordinance, abandonment of the Right -of -Way
will not impact access for all public utilities to serve current and
future customers; and
P: IAGEN -CALVn Review11- 24- 131ROW Abandonment Aggieland Outfitters13- Attachment 3- Ordinance.doc
• PART 2: That the Right -of -Way as described in Exhibit "A" be abandoned and
vacated by the City only upon completion of the following condition:
1. That the Applicant shall, upon completion of the removal and
relocation of the sanitary sewer main, convey by separate
instrument or plat to the City a public utility easement or right -of-
way at the location of said sanitary sewer main, in a form
acceptable to the City.
ORDINANCE NO. 20/3" 34'75 Page 2
PASSED, ADOPTED and APPROVED this ,2 day of JQ/lLtalt.ta , 2013.
APPROVED:
1F NANCY BE , Mayor
ATTEST:
•
SHERRY d ASHBURN, City Secretary
APPROVED:
Lida j
City Attorney
4
P: IAGEN- CALIIn Review\ /- 24- 131ROW Abandonment Aggieland Outfrtters\3- Attachment 3- Ordinance.doc
ALLEY
METES AND BOUNDS DESCRIPTION
OF A
0.03 ACRE TRACT
PORTION OF 15' ALLEY, BLOCK `B'
COLLEGE HEIGHTS
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING
SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A 15'
ALLEY, BLOCK `B', COLLEGE HEIGHTS ACCORDING TO THE PLAT RECORDED IN VOLUME 124, PAGE
259 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWEST LINE OF SAID ALLEY MARKING THE NORTH CORNER OF
LOT 11 AND THE EAST CORNER OF LOT 10 OF SAID BLOCK B'. FOR REFERENCE, A 5/8 INCH IRON ROD
FOUND ON THE NORTHEAST LINE OF EISENHOWER STREET MARKING THE COMMON CORNER OF SAID
LOTS 10 AND 11 BEARS: S 41° 24' 06" W FOR A DISTANCE OF 137.50 FEET (PLAT CALL AND MEASURED
DISTANCE);
THENCE: N 41° 24' 06" E THROUGH SAID ALLEY FOR A DISTANCE OF 15.00 FEET TO A POINT MARKING
THE WEST CORNER OF LOT 2 AND THE SOUTH CORNER OF LOT 3 OF SAID BLOCK `B'. FOR REFERENCE,
A 3 /4 INC}I IRON ROD FOUND ON THE SOUTHWEST LINE OF NIMITZ STREET MARKING THE COMMON
CORNER OF SAID LOTS 2 AND 3 BEARS: N 41° 24' 06" E FOR A DISTANCE OF 137.73 FEET (PLAT CALL
DISTANCE: 137.50 FEET);
THENCE: S 49° 36' 26" E ALONG THE SOUTHWEST LINE OF SAID LOT 2, AT 75.05 FEET PASS A V2 INCH
IRON ROD FOUND MARKING THE NORTHWEST CORNER OF A CALLED 0.316 ACRE TRACT OF LAND AS
DESCRIBED BY A DEED TO KALGROUP PROPERTIES, LP RECORDED IN VOLUME 8579, PAGE 45 OF THE
OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, CONTINUE ON ALONG THE SOUTHWEST
LINE OF SAID 0.316 ACRE TRACT FOR A TOTAL DISTANCE OF 100.00 FEET TO A POINT MARKING THE
EAST CORNER OF THIS HEREIN DESCRIBED TRACT;
THENCE: S 41° 23' 53" W CONTINUING ALONG THE SOUTHWEST LINE OF SAID 0.316 ACRE TRACT FOR
A DISTANCE OF 15.00 FEET TO A POINT ON THE NORTHEAST LINE OF LOT 12 OF SAID BLOCK 'B'
MARKING THE SOUTHWEST CORNER OF SAID 0.316 ACRE TRACT AND THE NORTH CORNER OF A
CALLED 0.213 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO 303A PROPERTIES, LLC RECORDED
IN VOLUME 8579 PAGE 27 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. FOR
REFERENCE, A' 'A INCH IRON ROD FOUND ON THE NORTHWEST LINE OF UNIVERSITY DRIVE MARKING
THE EAST CORNER OF SAID LOT 12 BEARS: S 49° 36' 26" E FOR A DISTANCE OF 67,53 FEET (DEED CALL
DISTANCE: 67.50 FEET, 8579/27);
THENCE: N 49° 36' 26" W ALONG THE NORTHEAST LINE OF SAID LOTS 11 AND 12 FOR A DISTANCE OF
100.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.03 OF AN ACRE OF LAND (1500 SQ. FT.), AS
SURVEYED ON TIME GROUND JULY, 2012. SEE PLAT P 'P RED NOVEMBER, 2012, FOR MORE
DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN H a , EIN I' . ASED ON GRID NORTH AS
ESTABLISHED BY GPS OBSERVATION.
BRAD KERR • e` .O,F� T
REGISTERED PROFESSIONAL /, `'�Q� ' , 'R `�a ;'
LAND SURVEYOR No. 4502 !4 ..b.........
• BRAD KERCI'
C:/WORK/MAB /12 -456A ' • 4502 • '
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