HomeMy WebLinkAbout2013-3480 - Ordinance - 02/14/2013 • ORDINANCE NO. 26/3 - 3440
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 0.77 ACRE PORTION OF THE CULPEPPER
DRIVE RIGHT OF WAY, SAID PORTION LYING ALONG LOTS 4 THROUGH 13,
BLOCK 9, OF THE SECOND REVISION, OAK TERRACE ADDITION,
ACCORDING TO THE PLAT RECORDED IN VOLUME 152, PAGE 237 OF THE
OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND THE 0.88 ACRE
ENTIRETY OF THE MILAM AVENUE RIGHT OF WAY, SAID RIGHT OF WAY
LYING BETWEEN BLOCKS 9 AND 10, OF THE SECOND REVISION, OAK
TERRACE ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME
152, PAGE 237 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS.
WHEREAS, the City of College Station, Texas (hereinafter referred to as "CoCS "), has
received an application from The Texas A &M University System (hereinafter referred to
as "TAMUS ") for the vacation and abandonment of a 0.77 acre portion of the Culpepper
Drive Right of Way, said portion lying along lots 4 through 13, block 9, of the Second
Revision, Oak Terrace Addition, according to the plat recorded in Volume 152, Page 237
of the Official Records of Brazos County, Texas, and a 0.88 acre portion of the Milam
Avenue Right of Way, said Right of Way lying between Blocks 9 and 10, of the Second
Revision, Oak Terrace Addition, according to the plat recorded in Volume 152, Page 237
• of the Official Records of Brazos County, Texas, as collectively described in Exhibit "A"
attached hereto (such portions hereinafter referred to as the "Right -of- Way "); and
WHEREAS, TAMUS proposes a multi - family residential development of approximately
14 acres in the City of College Station which necessitates the abandonment of the Right -
of -Way and associated removal, reconstruction and/or realignment of public
infrastructure (the "Project "). This abandonment is necessary for the preservation and
enjoyment of the substantial property right of the applicant; and
WHEREAS, the Project will provide a public benefit to the citizens of CoCS by
redeveloping property in the Northgate area including the replacement of aging and in
some cases dilapidated infrastructure; 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 all statements made in the caption, preamble, preliminary recitals and
documents attached to this ordinance are true, correct, and incorporated by
• reference.
•
PART 2: 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; and
1. Abandonment of the Right -of -Way will not result in property that
does not have access to public roadways or utilities; and
2. Other than as set forth herein, there is no public need or use for the
Right -of -Way; and
3. Except as provided for in this ordinance, there is no anticipated
future public need or use for the Right -of -Way; and
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
5. Utility infrastructure exists within the Right -of -Way and CoCS has
a continuing need for current as well as future public utilities to be
located within the Right -of -Way, and said uses are expressly not
abandoned herein in those geographic areas where a Public Utility
• Easement as substantially set forth in Exhibit `B" (15 foot Public
Utility Easement) attached hereto has been properly executed and
recorded; and
6. TAMUS intends to relocate the existing public utility infrastructure
located in the Right -of -Way to a replacement and existing Public
Utility Easements and existing rights of way.
PART 3: That, in order to achieve the public benefits of the Project, the City
Council hereby abandons and vacates the Right -of -Way as described in
Exhibit "A" only under the terms and conditions as set forth in this
ordinance and, pursuant to Section 272.0010) of the Texas Local
Government Code, hereby donates all of CoCS' right, title and interest in
and to the Right -of -Way to TAMUS, an institution of higher education, as
that term is defined by Section 61.003, Education Code, to promote a
public purpose related to higher education and hereby authorizes the City
Manager to execute a Quit -Claim Deed for and on behalf of the CoCS to
convey the Right -of -Way to TAMUS in form and substance acceptable to
the City Attorney.
PART 4: That the 0.77 acre portion of the Culpepper Drive Right of Way, said
portion lying along lots 4 through 13, block 9, of the Second Revision,
• Oak Terrace Addition, according to the plat recorded in Volume 152, Page
• 237 of the Official Records of Brazos County, Texas, and a 0.88 acre
portion of the Milam Avenue Right of Way, said Right of Way lying
between Blocks 9 and 10, of the Second Revision, Oak Terrace Addition,
according to the plat recorded in Volume 152, Page 237 of the Official
Records of Brazos County, Texas, as described in Exhibit "A" attached
hereto, be abandoned only upon completion of all of the following
conditions:
1. The abandonment and removal of the Right -of -Way necessitates
that TAMUS reconstruct a portion of Cross Street and a portion of
Culpepper Drive to the CoCS Comprehensive Plan's Thoroughfare
Plan designation of a two (2) lane Minor Collector Street
classification as follows:
a. The limits of the reconstruction of Cross Street are from
Dogwood Street to South College Avenue; and
b. The limits of the reconstruction of Culpepper Drive are south
of Cross Street to the adjacent property line; and
c. The pavement, sidewalks, electric, sanitary, streetlights, trees,
streetscape, and benches shall meet both Northgate standards
• and the B /CS Unified Standards. More specifically, the
reconstructed pavement widths shall be 38 ft wide back of curb
to back of curb, constructed of 8 inch thick concrete, and with
striping for each street; and
d. The subject reconstruction of Cross Street will have parallel
parking on at least one side of the street; and
e. TxDot Permitting will be required for Cross Street's improved
connection to South College Avenue; and
f. Sidewalks on each side of Cross Street and one side of
Culpepper Drive shall be 8 feet wide, back of curb, and
constructed of colored brick pavers; and
g. Public Access Easements will be dedicated to CoCS by
separate instrument in a form acceptable to CoCS for all
sidewalk or street pavement extending beyond existing rights
of way; and
2. The abandonment and removal of the Right -of -Way necessitates
that TAMUS remove and reconstruct approximately 700 linear feet
•
• of existing 10 -inch public sanitary sewer line along the
reconstructed portion of Cross Street; and
3. The abandonment and removal of the Right -of -Way necessitates
that TAMUS remove approximately 1100 linear feet of existing
10 -inch public sanitary sewer line along the portion of Culpepper
Drive being abandoned and reconstruct said sewer line as a 21 -inch
sanitary sewer line; with such 21 -inch sanitary sewer line designed
to be centered along the proposed development drive aisle; and
4. The abandonment and removal of the Right -of -Way necessitates
that TAMUS dedicate a 20 -foot Public Utility Easement generally
along the newly constructed 21 -inch public sanitary sewer line
along Culpepper Drive. This Public Utility Easement will be
aligned and centered along the proposed development drive aisle;
and
5. The Project proposes to remove an existing 10 -inch public sanitary
sewer line adjacent to Block 12, between Lots 2 and 3 of the
Second Revision, Oak Terrace Addition necessitating the
construction and realignment of approximately 350 linear feet of
10 -inch public sanitary sewer line generally along the southern
• development property line to and along the reconstructed portion
of Culpepper Drive; and
6. The abandonment and removal of the Right -of -Way necessitates
that TAMUS remove an existing public water line located in that
portion of Milam Avenue to be removed and reconstruct and
realign an 8 -inch public water line for approximately 1000 linear
feet along Dogwood Street connecting to the existing public water
line at Inlow Boulevard looped to the existing public water line on
the southern development property line south of Cross Street; and
7. The abandonment and removal of the Right -of -Way necessitates
that a portion of the public overhead electric line along the
reconstructed portion of Cross Street and Dogwood Street as
described above be removed, reconstructed and realigned as
follows:
a. TAMUS will be responsible for the costs associated with
removing the public overhead electric line along the
reconstructed portion of Cross Street and Dogwood Street and
reconstructing and realigning the same as an underground
electric line located along the southern property line; and
•
• b. Dedicating Public Utility Easements to CoCS by separate
instrument in a form acceptable to CoCS for the above
described electric reconstruction and realignment along the
southern property line; and
8. Completion of the Project to achieve the public benefits to the
citizens of CoCS necessitates that TAMUS:
a. dedicate a Temporary Blanket Easement by separate
instrument to CoCS in a form acceptable to CoCS for the entire
proposed development acreage. The Temporary Blanket
Easement will be required until TAMUS relocates and
reconstructs all necessary public infrastructure as described
herein, CoCS accepts such public infrastructure, and TAMUS
dedicates to CoCS specific Public Utility and Access
Easements as described herein; and
b. Provide surety for all public infrastructure to be reconstructed
or realigned; and
c. Provide necessary public infrastructure meeting the B /CS
Unified Standards for all public infrastructure. This includes
• but is not limited to TAMUS providing construction plans,
construction surety, reports, construction testing, utility fees,
and as- builts, and for the CoCS City Engineer to approve
design, construction plans, and construction inspection,
including CS Fire Marshall review; and
d. Orient building structures in the Project to front on each side
Cross Street so there is no parking lot(s) between the building
structures and Cross Street; and
e. Obtain driveway permits for all driveways in the Project,
provided, however, that no driveway access will be granted to
Dogwood Street. The Project's driveways and gated parking
areas shall comply with City of College Station driveway
spacing and alignment in College Station Chapter 12 Unified
Development Ordinance, as well as the standards in the
"Gating of Multi - Family Developments" in the College Station
Site Design Standards.
If any of the above conditions are not met within eighteen (18) months, the
abandonment shall be null and void and have no further force or effect.
PASSED, ADOPTED and APPROVED this / 1 1 /1 " day of , 2013.
APPROVED:
Mayor
ATTEST:
4 . 462, - Y/
City Secr y
• APPROVED:
City Attorney
•
FXH
METES AND BOUNDS DESCRIPTION
OF A
0.77 ACRE TRACT
CULPEPPER STREET RIGHT -OF -WAY
SECOND REVISION, OAK TERRACE ADDITION
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND
LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT
BEING ALL OF CULPEPPER STREET RIGHT -OF -WAY (40' R.O.W.) LYING BETWEEN BLOCK 9
AND THE RESERVE STRIP ADJACENT TO SOUTH COLLEGE AVENUE, FROM CROSS STREET
(50' R.O.W.) TO INLOW BOULEVARD (39' R,O.W.), SECOND REVISION, OAK TERRACE
ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 152, PAGE 237 OF THE DEED
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 CROSS STREET
MARKING AN EASTERLY CORNER OF LOT 13, BLOCK 9, AND THE BEGINNING OF A
COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 30.00 FEET, FOR REFERENCE A 5/8 INCH
IRON ROD FOUND ON THE NORTHWEST LINE OF CROSS STREET MARKING THE A
SOUTHERLY CORNER OF SAID BLOCK 9 BEARS: S 41° 57' 14" W FOR A DISTANCE OF 224.00
FEET;
THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 59' 31" FOR AN ARC
DISTANCE OF 47.12 FEET (CHORD BEARS: N 03° 02' 32" W - 42.42 FEET) TO A 5/8 INCH IRON
ROD FOUND ON THE SOUTHEAST LINE OF CULPEPPER STREET MARKING THE END OF SAID
CURVE;
THENCE: N 48° 02' 17" W ALONG THE SOUTHWEST LINE OF CULPEPPER STREET, SAME BEING
THE NORTHEAST LINE OF SAID BLOCK 9, FOR A DISTANCE OF 800.33 FEET TO THE
BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 30.00 FEET;
THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58° 18' 38" FOR AN ARC
DISTANCE OF 30.53 FEET (CHORD BEARS: N 77° 11' 37" W - 29.23 FEET) TO THE END OF SAID
CURVE ON THE SOUTHEAST LINE OF INLOW BOULEVARD;
THENCE: N 73° 39' 04" E ALONG THE EXTENSION OF THE SOUTHEAST LINE OF INLOW
BOULEVARD AND ACROSS THE RIGHT -OF -WAY OF CULPEPPER STREET FOR A DISTANCE OF
81.67 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF
10.00 FEET;
THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 121° 41' 21" FOR AN ARC
DISTANCE OF 21.24 FEET (CHORD BEARS: S 12° 48' 23" W - 17.47 FEET) TO THE END OF SAID
CURVE ON THE NORTHEAST LINE OF CULPEPPER STREET
THENCE: S 48° 02' 17" E ALONG THE NORTHEAST LINE OF CULPEPPER STREET, SAME BEING
1
THE SOUTHWEST LINE OF SAID RESERVE STRIP, FOR A DISTANCE OF 794.43 FEET TO THE
BEGINNING OF A COUN ERCLOCKWISE CURVE HAVING A RADIUS OF 10.00 FEET;
THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" FOR AN ARC
DISTANCE OF 15.71 FEET (CHORD BEARS: N 86 ° 57' 14" E — 14.14 FEET) TO THE END OF SAID
CURVE;
THENCE: S 41° 57' 14" W ALONG THE EXTENSION OF THE NORTHWEST LINE OF CROSS
STREET FOR A DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.77 OF
AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND JULY 2012 AND
VISUALLY CHECKED SEPTEMBER 2012. SEE PLAT PREPARED OCTOBER 2012 FOR MORE
DESCRIPTIVE INFORMATION.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502 �
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METES AND BOUNDS DESCRIPTION
OF A
0.88 ACRE TRACT
MILAM AVENUE RIGHT -OF -WAY
SECOND REVISION, OAK TERRACE ADDITION
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND
BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF
MILAM AVENUE RIGHT -OF -WAY (50' R.O.W.) LYING BETWEEN BLOCK 9 AND BLOCK 10, FROM CROSS
STREET (50' R.O.W.) TO INLOW BOULEVARD (39' R.O.W.), SECOND REVISION, OAK TERRACE
ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 152, PAGE 237 OF THE DEED 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 CROSS STREET MARKING
THE SOUTHEAST CORNER OF LOT 10, BLOCK 10, AND THE BEGINNING OF A COUNTERCLOCKWISE
CURVE HAVING A RADIUS OF 30.00 FEET, FOR REFERENCE A 5/9 INCH IRON ROD FOUND ON THE
NORTHWEST LINE OF CROSS STREET MARKING THE A SOUTHEASTERLY CORNER OF SAID BLOCK 10
BEARS: S 41° 57' 14" W FOR A DISTANCE OF 220.38 FEET;
THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" FOR AN ARC DISTANCE OF
47.12 FEET (CHORD BEARS: N 03° 02' 46" W - 42.43 FEET) TO A 1 /2 INCH IRON ROD FOUND ON THE
SOUTHEAST LINE OF MILAM AVENUE MARKING THE END OF SAID CURVE;
THENCE: N 48° 02' 46" W ALONG THE SOUTHWEST LINE OF MILAM AVENUE, SAME BEING THE
NORTHEAST LINE OF SAID BLOCK 10, FOR A DISTANCE OF 523.16 FEET TO AN ANGLE POINT IN SAID
LINE;
THENCE: N 56° 44' 42" W CONTINUING ALONG THE SOUTHWEST LINE OF MILAM AVENUE FOR A
DISTANCE OF 161.21 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS
OF 30.00 FEET;
THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 95° 09' 27" FOR AN ARC DISTANCE OF
49.82 FEET (CHORD BEARS: S 75° 40' 35" W - 44.29 FEET) TO THE END OF SAID CURVE ON THE
SOUTHEAST LINE OF INLOW BOULEVARD;
THENCE: N 28° 53' 22" E ALONG THE EXTENSION OF THE SOUTHEAST LINE OF INLOW BOULEVARD
FOR A DISTANCE OF 109.57 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A
RADIUS OF 30.00 FEET;
THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 75° 13' 46" FOR AN ARC DISTANCE OF
39.39 FEET (CHORD BEARS: S 16° 56' 49" E - 36.62 FEET) TO THE END OF SAID CURVE ON THE
NORTHEAST LINE OF MILAM AVENUE;
THENCE: S 54° 33' 42" E ALONG THE NORTHEAST LINE OF MILAM AVENUE, SAME BEING THE
SOUTHWEST LINE OF SAID BLOCK 9, FOR A DISTANCE OF 204.70 FEET TO AN ANGLE POINT IN SAID
LINE;
THENCE: S 48° 02' 17" E CONTINUING ALONG THE NORTHEAST LINE OF MILAM AVENUE FOR A
DISTANCE OF 497.13 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE BEGINNING OF A
COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 30.00 FEET,
THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 29" FOR AN ARC DISTANCE OF
47.13 FEET (CHORD BEARS: N 86 ° 57' 28" E — 42.43 FEET) TO A 5/8 INCH IRON ROD FOUND ON THE
NORTHWEST LINE OF CROSS STREET MARKING THE END OF SAID CURVE;
'1'HENCE: S 41° 57' 14" W ALONG THE EXTENSION OF THE NORTHWEST LINE OF CROSS STREET FOR A
DISTANCE OF 109.76 FEET TO THE POINT OF BEGINNING CONTAINING 0.88 OF AN ACRE OF LAND,
MORE OR LESS, AS SURVEYED ON THE GROUND JULY 2012 AND VISUALLY CHECKED SEPTEMBER
2012, SEE PLAT PREPARED OCTOBER 2012 FOR MORE DESC IPTIVE INFORMATION
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
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