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HomeMy WebLinkAbout2013-3476 - Ordinance - 01/24/2013 • ORDINANCE NO. 20/3 - 34 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.02 ACRE, 15 -FOOT WIDTH PUBLIC UTILITY EASEMENT, LYING ALONG LOTS 1 & 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 the 15 -foot Width Public Utility Easement lying along Lots 1 & 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 "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 described above and in Exhibit "A" attached hereto be abandoned and vacated by the City. P. IAGEN- CALIIn Review- 24- 131TanyalPUE - College Heights13- Attachment 3- Ordinance.doc ORDINANCE NO. 2D/3 Page 2 PASSED, ADOPTED and APPROVED this 20' day of jilintaV , 2013. APPROVED: -g .d r itrty.Ltr NANCY BERRY, Mayor ATTEST: SHERRY ASHBURN, City Secretary APPROVED: stWrikotkt City Attorney P. IAGEN- CALIIn Review /- 24- I31TanyalPUE - College Heights13- Attachment 3- Ordinance.doc EASEMENT METES AND BOUNDS DESCRIPTION OF A 15' WIDE UTILITY EASEMENT 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 AND A PORTION 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. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF UNIVERSITY DRIVE MARKING THE SOUTH CORNER OF SAID 0.316 ACRE TRACT AND THE EAST CORNER OF A CALLED 0.213 ACRE PORTION OF LOT 12, BLOCK 'B' 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 '/2 INCH IRON ROD FOUND MARKING THE SOUTH CORNER OF SAID LOT 12 BEARS: S 41° 21' 48" W FOR A DISTANCE OF 137.40 FEET (PLAT CALL DISTANCE: 137.50 FEET); THENCE: N 49 36' 26" W ALONG THE NORTHEAST LINE OF SAID LOT 12 FOR A DISTANCE OF 67.53 FEET (DEED CALL DISTANCE: 67.50 FEET, 8579/27) TO A POINT MARKING THE NORTH CORNER OF SAID 0.213 ACRE TRACT. FOR REFERENCE, A 1/2 INCH IRON ROD FOUND ON THE NORTHEAST LINE OF EISENHOWER STREET MARKING THE WEST CORNER OF SAID 0.213 ACRE TRACT BEARS: S 41° 21' 48" W FOR A DISTANCE OF 137.44 FEET (DEED CALL DISTANCE: 137.50 FEET, 8579/27); THENCE: N 41° 23' 53" E THROUGH SAID ALLEY AND ALONG THE WEST LINE OF SAID 0.316 ACRE TRACT FOR A DISTANCE OF 15.00 FEET TO A POINT ON THE SOUTHWEST LINE OF LOT 1 OF SAID BLOCK 'B'. FOR REFERENCE, A' INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF SAID 0.316 ACRE TRACT BEARS: N 49° 36' 26" W FOR A DISTANCE OF 24.96 FEET; THENCE: S 49° 36' 26" E ALONG THE SOUTHWEST LINE OF SAID LOT I AND THROUGH SAID 0.316 ACRE TRACT FOR A DISTANCE OF 67.53 FEET TO A POINT ON THE NORTHWEST LINE OF UNIVERSITY DRIVE MARKING THE SOUTH CORNER OF SAID LOT 1. FOR REFERENCE, A 'A INCH IRON ROD FOUND MARKING THE EAST CORNER OF SAID LOT 1 BEARS: N 41° 23' 53" E FOR A DISTANCE OF 137.76 FEET (PLAT CALL DISTANCE: 137.50 FEET); THENCE: S 41° 23' 53" W ALONG THE NORTHWEST LINE OF UNIVERSITY DRIVE FOR A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.02 OF AN ACRE OF LAND (1013 SQ. FT.), AS SURVEYED ON THE GROUND JULY, 2012. SEE PLAT PREPARED NOVEMBER, 2012, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN IEREIN IS BASED ON GRID NORTH AS ESTABLISHED BY GPS OBSERVATION. BRAD KERB i kte o .4 4 1, ' REGISTERED PROFESSIONAL } ` Q 7 f LAND SURVEYOR No. 4502 J .. ��t B K + • C :/WORK/MAB /12 -456B ` { ' „ ` �' Q t\ g >✓ wo0 -,tuff Zoo t z ui� Z N n a tT 't w Y ~ w 0 NH,` °nmj x 50- :/+:¢ CC `•, ., a. 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