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HomeMy WebLinkAbout03-25-82-14 - Resolution - 03/25/1982RESOLUTION NO. 03-25-82-14 WHEREAS, heretofore on the lltb day of Ja~u~ , 1979, the City Council of the City~f College Station, Texas did rezone by amendment to the City zoning ordinances that one certain tract or parcel of land located at the interesection of Texas Avenue and the East Bypass, approximately 150 feet south of Mile Drive, being approximately 7.086 acres, and more particularly described in Ordinance 1142; and WHEREAS, the decision of the Council and ordinance' referenced above rezoning the said property required the satisfaction of a condition precedent to.effect and implementation of the rezoning of said property, to wit, the creation of a 25 foot setback area along the north side of the said tract as a buffer zone adjacent to the residential area along Mile Drive; and WHEREAS, an instrument styled EASEMENT has been executed by the title holder of the said tract creating such a setback area and providing for a coterminous utility easement dedicated to the City of College Station, Texas, which instrument is acknowledged and has been approved by the City Attorney as substantial compliance with the condition attached to the rezoning of said tract, and arrangements for the recording of such instrument have been made; NOW THEREFORE, BE IT hereby RESOLVED by the City Council of the City of College Station, Texas, that the condition required to be met by the decision of the City Council on the above date, and reflected .. in Ordinance 114, has been met and the rezoning of said tract is now complete and in full force and effect as set forth in said ordinance, and BE IT further RESOLVED that the City Attorney shall accomplish the recording of such instrument at the expense of the owner of said tract, and shall attach the original executed instru- ct. ment to this resolution. PASSED AND APPROVED this 25th day of March, 1982. APPROVED: CITY SECRETA~F 003 fl3 157972 '[hnt RAY B. CRISWEI,I,, .TR., TRIISTI.;I';, of the Cc,nty of Brazes, Stale ]e':,l~,, for ,lncl in consideration of One nnd No/lO0 ($1.00) Dollars ;]nd r~ther good n.d V,l]ll[ihle consider,~tioas in Jl/llid paid, does hereby ~r;in[ ,md ('Ollvoy tO [Jle City of College St;It[on, a municipal corporation duly organized a,d existing under nnd by virtue of the constitution of the State ~,[ 'lk, xas, an easement and right-of-way for an electric distribution and overhead wiring, over, upon, across, in, through and ,n¢ler the following described real property situated in College Station, Texas, to wit: Being a 0.68 acre tract or parcel of ]and lying and being situated in the Morgan Rector League, College Station, l',razos County, Texas and being a portion of Two 3.543 acre tracts conveyed to Ray B. Crlswell, .Ir., Trustee, by C. B. Manning, Jr., Trustee, by deed recorded in Volume 351, Page 813 of the Deed Records of Brazes Co,nty, Texas and being more partic,larly described by metes and bounds as follows: BEGINNING at an iron rod lying in the northeast rigbt-of-way of Texas Avenue said iron rod also being tile South corner of Block 2 of the Bernadine Estates Subdivision as sho~m on Plat recorded in Volume 268, Page 75 of the Deed Records of Brazes County, Texas. THENCE N 42040'24,, E with the southeast line of the aforesaid Bernadine Estates for a distance of 1189.83 feet to an iron rod fei' corner, said iron rod also lying on the sm~thwest right-of-way of State Highway No. 6 East By-Pass: THENCE S 01048'36,, E along tile aforesaid southwest right-of-way for a distance of 35.68 feet to a point for corner; TtlENCE S 42040'24,, W across the aforesaid two 3.543 acre tracts for a distance of 1164.09 feet to a point for a corner, safd point also lying on tile aforesaid northeast right-of-way line of Texas Avenue; T[IENCE N 47058'24" W along tlm abovc-sa~d northeast right-of-w4y line of Texas Avenue for a distance of 25.00 feet t~ thc PI.ACE OF BEGINNING and containing 0.68 acres of land, more or less. re~erv[ng, however, to the undersigned, his heirs and assigns, the right to utilizu and enj¢,y the above-described premises providing thu same shall not interfere with the construction, mnintun. HIce, repairing, [,spt. etlon, and ~pera- [i~,.~ ~,f ~,.~;tl LI~'cL~ i~ (listrihut[f~n and ,,vcrh~nd w~r[n}~. [,ro,.'[ding f.l'~hc, r Ibnt th,, (;~,]ntor [;hall nnt ('feet SI¢;;,II:I~ ;md DI.I,IVI'I~I:I) this __]_s.t___d,,y .r F_e.b.r_u.a_Fy , 1979 RAY I;. CRI.~WIiI,],, II,'., FRItS'I'I:t; 003&8/ '['H ' ~4'1 AT1, OF '[I']XA.q ':' CO~'' 'IY 0}" l~lb\ZO$ * BEFORE liE, the undersigned authority, on this day personally appeared R3Y g. CRISWELL, .TR., TRUS1'EE, known tn me to be the person whose name ks subscribed to the foregoing instrument, and acknowledged to me that he executed the same as his free act and deed for the purposes and consideration therein expressed. ...GIVEN UNDER ~' HAND AND SEAL OF OFFICE this lsLday of February NOTARY PUBLIC in and for BRAZOS COUNTY, TEXAS Ny Commission Expires: _._-~ecamber 9, l_q~-_ STATE OF TEXAS COUNTY OF BRAZOS J I. [I,~r.k [{.-,',kw, (jh'rk of Iht' Ct,tj~d~t Cuur! ,fi and for FILED ,m thc' 0ate and ,,I the tm,, Shl;ilJJcd hert,,mland RECORDED ,n thu volume and p,,ge of the Reco~d~ of sa~d Coull~y or3 fhe d,d~ &romped h,'r~on. FRANKBORISKIE. COUNTY CLERK O03h. R5