HomeMy WebLinkAbout2013-3506 - Ordinance - 06/27/2013 • ORDINANCE NO. 20/3- 35O6
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 0.141 ACRE, 15 -FOOT WIDE PUBLIC
UTILITY EASEMENT LOCATED ON LOT 2 OF THE NORTH PARK SECTION II
SUBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUME 494, PAGE
543 AND ON LOT 2, BLOCK 1 OF LODGECO SUBDIVISION ACCORDING TO
THE PLAT RECORDED IN VOLUME 1996, PAGE 331 OF THE DEED RECORDS
OF BRAZOS COUNTY, TEXAS.
WHEREAS, the City of College Station, Texas, has received an application for the
vacation and abandonment of a 0.141 acre, 15 -foot wide public utility easement located
on Lot 2 of the North Park Section II Subdivision according to the plat recorded in
Volume 494, Page 543 and on Lot 2, Block 1 of Lodgeco Subdivision according to the
plat recorded in Volume 1996, Page 331 of the Deed Records of Brazos County, Texas,
as described in Exhibit "A" attached hereto (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 in
the manner and as 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 only upon completion of the following condition:
•
ORDINANCE NO. ZD13 - 3501.0 Page 2
1. That the Applicant shall convey by separate instrument or plat to the
City a public utility easement in a form acceptable to the City.
PASSED, ADOPTED and APPROVED this 0 44 day of all? e, , 2013.
APPROVED:
' r c kfq/vtii,* (- delav
Mayor
ATTEST:
City Secret., 4
APPROVED:
cuzit_ot9j7.42zwL/
City Attorney
•
Exhibit A
City of College Station J.E. Scott Survey
15 -foot wide Utility Easement Abandonment Abstract No. 50
0.141 of an Acre
STATE OF TEXAS §
COUNTY OF BRAZOS §
A METES & BOUNDS description of a certain 0.141 acre Utility Easement Abandonment (15-
foot wide) recorded in Volume 368, Page 363 of the Brazos County Deed Records situated in
the J.E. Scott Survey, Abstract No. 50 in Brazos County, Texas; being a portion of Lot 2 of
North Park Section 11 recorded in Volume 494, Page 543 of the Deed Records of Brazos County
and a portion of Lot 2 Block 1 of the Lodgeco Subdivision recorded in Volume 1996, Page 331
of The Official Public Record of Brazos County; said 0.141 acre tract being more particularly
described as follows with all bearings being based on the Texas Coordinate System, Central
Zone, NAD 83;
COMMENCING at a found lead plug and tack marking the east corner of said Lot 2 Block 1 of
the Lodgeco Subdivision, and being common with the north corner of a called 1.855 acres tract
conveyed to EQI Collsta Partnership, L.P., described in Special Warranty Deed recorded in
Volume 7619 of Page 141 of Official Public Records of Brazos County, being in the southwest
line of Texas Avenue;
THENCE, North 48 °02'15" West, along the northeast line of said Lot 2 of Block 1 being common
with the southwest line of said Texas Avenue, 100.08 feet to the POINT OF BEGINNING of
herein described 0.141 acre Utility Easement Abandonment;
THENCE, South 41 °22'59" West, through Lot 2 Block 1 of the Lodgeco Subdivision passing at
287.87 feet the east corner of Lot 2 of North Park Section li, continuing in all a total distance of
407.91 feet to a found 5/8" -iron rod (with cap stamped "Kerr 4502 ") marking a west corner of Lot
2 of Block 1 of the Lodgeco Subdivision, also being the south corner of Lot 2 of North Park
Section II, also being in the northeast line of the Formerly Meadowland Street Right -of -way
Abandonment recorded in Volume 9673, Page 288 of The Official Public Records of Brazos
County, from which a found 5/8" -iron rod (with cap stamped "Kerr 4502 ") bears South 49 °03'00"
East, 100.27 feet;
THENCE, North 49 °03'00" West, along the southwest line of Lot 2 of North Park Section II being
common with the northeast line of Formerly Meadowland Street Right -of -way Abandonment,
15.00 feet to a point for a corner, from which a found 5/8" -iron rod (with cap stamped "Kerr
4502 ") bears North 49 °03'00" West, 54,68 feet;
THENCE, North 41 °22'59" East, 408.17 feet to a point for corner in the northeast line of Lot 2
Block 1 of the Lodgeco Subdivision being common with the southwest line of Texas Avenue,
from which a found 5/8" -iron rod (with cap stamped "Kerr 4502 ") bears North 48 °02'15" West,
25.91 feet;
THENCE, South 48 °02'15" East, along the said common line, 15.00 feet to the POINT OF
BEGINNING, CONTAINING 0.141 acre of land in Brazos County, Texas as shown on Dr-
No. 1072 B filed in the office of Jones & Carter in Bryan, Texas. O F
S:10- JOB \C0120 - 001 \SURVEY\Leagal description \Easement Abandonment 0.141 Acre.doc WC" *
4
• DOUGLAS S, BRAMWELL •
1 5976 Pte'/
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\� 4,6 �FE8S�f
FND 5/8 —INCH 7R W/ cop Exhibit A
stomped "KERR 4502" POC
Texas Avenue FND LEAD PLUG
AND TACK
1—_—_ --- L N 48272'75" W 100.08 —
1 P08 I
1
PFC I
I -
N 48V2'15" w 15' WIDE UTILITY
2591 EASEMENT ABANDONMENT
0.141 ACRE
NORTH
SCALE.- 1 " = 50'
/
LEGEND:
BCDR BRAZOS COUNTY DEED RECORDS
ESMT EASEMENT
FND FOUND
IR IRON ROD
OPRBC OFFICIAL PUBLIC RECORDS
CaS OF BRAZOS COUNTY
0 N' PG PAGE
POB POINT OF BEGINNING
' POC POINT OF COMMENCEMENT
VOL VOLUME
a W/ WITH
43
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N
a
( I) -
LOT 2BLOCK 1 L�4a
L ODGECO SUBDIVISION Q Et N- o
1 VOL. 1996, PC 331 OPRBC 2 Q o
Pr- —T — co QcrU
b
v (n Q
L iOlup
LOTS LOT2 I V �
' O ' OF F"
-`°, NORTH PARK SECT/0N I/ 4 i AkP.. .1STF;y••• - F' r
° VOL. 494, PC 543 8CDR + c, • 9 `'0 9N e
3 A
0
° • DOUGLAS S. BRAMWELL
Pa y
♦ (...t059l. P1 r
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N � ti tiU R y /�
. ma f
E' 468 5 L — S 49273 00" E 100 27' .. \ 1100° ,'
FND 5/8 IR W/ CA - - -- 4 c I ieldell
',, STAMPED "KERR 4502" FND 5 /8 - /NCH IR w/ cap
X stomped "KERR 4502"
D
Formerly Meadow /and Street
5 RIGHT-OF- WAY ABANDONMENT EXHIBIT
VOL. 9673, PG. 288 OPRBC OF A
i EASEMENT ABONDONMENT
BEING
G ENERAL NOTES: 0.141 ACRES
OUT OF THE
'I, A legol description of this Utility Easement J.E SCOTT SURVEY, A -50
2 Nbondonment wos prepored along with this exhibit. BRAZOS COUNTY, TEXAS
32. Beorings shown hereon ore based on Texos JANUARY 2013
F oordinote System, Central Zone (NAD 83)
_ 'r. JONES &CA RTER,,Nc.
LINE BEARING DISTANCE
L� ENGINEERS•PLANNERS•SURVEVORS
L 1 N 49' 03'00" W 15.00' 1716 Br arcrest Drive, Suite 160
Bryan, Texas 77802 -2776
1 L2 S 48'02'15" E 15.00' (979)731 -8000 www.jonescsrter.com
n DSB /dsb ✓OB No. C0120 -001
DWG No. 10728