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HomeMy WebLinkAbout2014-3599 - Ordinance - 09/11/2014 ORDINANCE NO.20/41-35Q9 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 12-4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM R RURAL TO E ESTATE FOR APPROXIMATELY 71 ACRES BEING ALL OF THE REMAINDER OF A 39.44-ACRE TRACT AS DESCRIBED AS TRACT ONE AND THE REMAINDER OF A 29.29-ACRE TRACT AS DESCRIBED AS TRACT TWO BY A DEED OF JOE & JANET JOHNSON LAND & INVESTMENTS, LP RECORDED IN VOLUME 7803, PAGE 244, A 2.84-ACRE TRACT AS DESCRIBED BY A DEED TO JOE & JANET JOHNSON LAND & INVESTMENTS, LP RECORDED IN VOLUME 8017, PAGE 273, AND A 0.216-ACRE TRACT AS DESCRIBED BY A DEED TO JOE & JANET JOHNSON LAND & INVESTMENTS, LP RECORDED IN VOLUME 8317, PAGE 62 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, GENERALLY LOCATED AT 8601 ROCK PRAIRIE RD; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, "Unified Development. Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A" and a.s shown graphically in Exhibit "B", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-lave Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said. Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter or the City of College Station, PASSED, ADOPTED and APPROVED this 11th day of September, 2014 APPROVED: " cg µ / -1" e MAYOR ........ ATTEST: )04, . City Sec ret•rr APPROVED: City Attorney ORDINANCE NO. 20 P4- 3,5gq Page 2 EXHIBIT "A" That Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property as described by metes and bounds is rezoned from R Rural to E Estate: ORDINANCE NO. .2b114- 3599 Page 3 METES AND BOUNDS DESCRIPTION OF A 71.136 ACRE TRACT THOMAS CARUTHERS LEAGUE,A-9 COLLEGE STATION,BRAZOS COUNTY,TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE THOMAS CARUTHERS LEAGUE, ABSTRACT NO. 9, COLLEGE STATION,BRAZOS COUNTY,TEXAS. SAID TRACT BEING ALL OF THE REMAINDER OF A CALLED 39.44 ACRE TRACT OF LAND AS DESCRIBED AS TRACT ONE AND THE REMAINDER OF A CALLED 29.29 ACRE TRACT OF LAND AS DESCRIBED AS TRACT TWO BY A DEED OF JOE&JANET JOHNSON LAM) & INVESTMENTS, LP RECORDED IN VOLUME 7803, PAGE 244 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, ALL OF A CALLED 2.84 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO JOE AND JANET JOHNSON LAND & INVESTMENTS, LP RECORDED IN VOLUME 8017, PAGE 273 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS AND ALL OF A CALLED 0.216 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO JOE & JANET JOHNSON LAND & INVESTMENTS, LP RECORDED IN VOLUME 8317, PAGE 62 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 NORTHEAST LINE OF ROCK PRAIRIE ROAD EAST(115'R.O.W.)MARKING THE WEST CORNER OF SAID REMAINDER OF 39.44 ACRE TRACT AND THE SOUTH CORNER OF THE REMAINDER OF A CALLED 10.00 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO JAMES TODD CARL , RECORDED IN VOLUME 2348, PAGE 325 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS.FOR REFERENCE,A 1/2 INCH IRON ROD FOUND MARKING THE ORIGINAL WEST CORNER OF SAID 39.44 ACRE TRACT BEARS:5 38°26'34"W FOR A DISTANCE OF 20.89 FEET(DEED CALL:S 38°07'55"W-20.81 FEET,1 1804/1); THENCE: N 38° 07'05" E ALONG THE COMMON LINE OF SAID 39.44 ACRE TRACT AND SAID 10.00 ACRE TRACT FOR A DISTANCE OF 1086.40 FEET(DEED CALL:N 41° 18'58"E- 1261.15 FEET,7803/244) TO A 1/2 INCH IRON ROD SET MARKING THE SOUTH CORNER OF SAID 0.216 ACRE TRACT. FOR REFERENCE, A 1/2 INCH IRON ROD FOUND MARKING THE EAST CORNER OF SAID 0.216 ACRE TRACT BEARS:N 38"07'05" E FOR A DISTANCE OF 153.87 FEET(DEED CALL:N 41° 18'58"E- 154.50 FEET,8317/62); THENCE: N 08° 48 49" W ALONG THE SOUTHWEST LINE OF SAID 0.216 ACRE TRACT, AT 167.97 FEET PASS A 1/2 INCH IRON ROD FOUND ON THE COMMON LINE OF SAID 3944 ACRE TRACT AND SAID 10.00 ACRE TRACT MARKING THE WEST CORNER OF SAID 0.216 ACRE TRACT AND THE SOUTH CORNER OF A CALLED 0.216 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO JAMES TODD CARLL RECORDED IN VOLUME 8317, PAGE 66 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, CONTINUE ON ALONG THE EAST LINE OF SAID 0.216 ACRE TRACT (8317/66)FOR A TOTAL DISTANCE OF 204.67 FEET(DEED CALL:N 05°44'33"W-204.42 FEET,8317/62 & 66)TO A 1/2 INCH IRON ROD FOUND MARKING THE EAST CORNER OF SAID 0.216 ACRE TRACT (8317/66); THENCE: N 57°18'28"W ALONG THE NORTHEAST LINE OF SAID 0.216 ACRE TRACT(8317/66)FOR A DISTANCE OF 170.35 FEET(DEED CALL:N 54°06'52"W- 170.18 FEET, 8317/66)TO A 1/2 INCH IRON ROD SET ON THE COMMON LINE OF SAID 39.44 ACRE TRACT AND A CALLED 49.44 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO DOLLY C.OLDEN RECORDED IN VOLUME 8276,PAGE 158 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,"FEXAS.SAID IRON ROD SE`f M.ARKING'FILE NORTH CORNER OF SAID 0,216 ACRE FRAC I(8)17/66). FOR REFERENCE,. A FENCE CORNER POS"I FOUND BEARS: S 82°48'06" W FOR A DISTANCE OF 0.53 FEET AND A I/2 INCH IRON ROD FOUND MARKING THE WEST CORNER OF SAID 0.216 ACRE TRACT (8317/66) AND IRE ORIGINAL ORDINANCE NO. al14-3599 Page 4 NORTHWEST CORNER OF SAID 39.44 ACRE TRACT BEARS:S 38°0817"W FOR A DISTANCE OF 72.03 FEET(DEED CALL:S 41° 18'58"W-72.00 FEET,8317/66); THENCE: N 38°08' 17" E ALONG THE COMMON LINE OF SAID 39.44 ACRE TRACT AND SAID 49.44 ACRE TRACT FOR A DISTANCE OF 887.53 FEET(DEED CALL:N 41° 18'58"E-959.25 FEET,7803/244) TO A 6 INCH FENCE POST FOUND ON THE SOUTHWEST LINE OF THE REMAINDER OF A CALLED 403 ACRE TRACT OF LAND AS DESCRIBED AS TRACT ONE BY A DEED TO DOLLY DYMPLE OLDEN AND ARTHUR a OLDEN RECORDED IN VOLUME 1616,PAGE 28 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS.SAID FENCE POST FOUND MARKING THE NORTH CORNER OF SAID 39.44 ACRE TRACT; THENCE: S 47° 38' 20" E ALONG THE COMMON LINE OF SAID 39.44 ACRE TRACT AND SAID REMAINDER OF 403 ACRE TRACT FOR A DISTANCE OF 1023.07 FEET(DEED CALL: S 44°28'02" E 111538 FEET,7803/244)TO A 1/2 INCH IRON ROD FOUND MARKING THE WEST CORNER OF SAID 2.84 ACRE TRACT. FOR REFERENCE,A 1/2 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF SAID 29.29 ACRE TRACT MARKING THE COMMON CORNER OF SAID 39.44 ACRE TRACT AND SAID 2.84 ACRE TRACT BEARS: 5 47°38'20" E FOR A DISTANCE OF 92.06 FEET(DEED CALL: S 44°28'02" E- 9200. FEET,8017/273); THENCE: N 41° 49' 18" E ALONG THE NORTHWEST LINE OF SAID 2.84 ACRE TRACT FOR A DISTANCE OF 1346.66 FEET(DEED CALL:N 45°00'00"E- 1346.82 FEET,8017/273)TO A 1/2 INCH IRON ROD FOUND MARKING THE NORTH CORNER OF SAID 2.84 ACRE TRACT; THENCE: S 48°54'09"E ALONG THE NORTHEAST LINE OF SAID 2.84 ACRE TRACT FOR A DISTANCE OF 58.14 FEET(DEED CALL:S 45°42'36"E 58.43 FEET,8017/273)TO A 12 INCH FENCE CORNER POST FOUND; THENCE: S 18°59'21"E CONTINUING ALONG THE NORTHEAST LINE OF SAID 2.84 ACRE TRACT,AT 38.48 FEET PASS THE COMMON CORNER OF SAID 2.84 ACRE TRACT,SAID 2929 ACRE TRACT AND A CALLED 82.36 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO MILTON BARRY HENDLER,JR. AND SARAH HENDLER RECORDED IN VOLUME 9877,PAGE 119 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, CONTINUE ON ALONG THE COMMON LINE OF SAID 29.29 ACRE TRACT AND SAID 82.36 ACRE TRACT FOR A TOTAL DISTANCE OF 329.68 FEET(DEED CALL:5 15°44' 36"E-329.31 FEET,7803/244&8017/273)TO A 1/2 INCH IRON ROD FOUND; THENCE: CONTINUING ALONG SAID COMMON LINE FOR THE FOLLOWING CALLS: S 03°27' 51" E FOR A DISTANCE OF 256,80 FEET(DEED CALL: S 00° 14' 35" E-257.08 FEET, 7803/244)TO A 1/2 INCH IRON ROD FOUND; S 48° 19' 36" E FOR A DISTANCE OF 53.86 FEET (DEED CALL: S 45° 08' 00" E - 54.30 FEET, 7803/244)TO A POINT ON THE NORTHWEST LINE OF A CALLED 35.37 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO HARTZELL LEKINS RECORDED IN VOLUME 1920, PAGE 323 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID POINT MARKING THE EAST CORNER OF SAID 29.29 ACRE TRACT AND THE SOUTHWEST CORNER OF SAID 82.36 ACRE TRACT. FOR REFERENCE, A 1/2 INCH IRON ROD FOUND BEARS:N 41°40'24" E FOR A DISTANCE OF 19.57 FEET; THENCE: S 41°40'24" W ALONG THE COMMON LINE OF SAID 29.29 ACRE TRACT AND SAID 35.37 ACRE TRACT, AT 2280.19 FEET PASS A 1/2 INCH IRON ROD FOUND, CONTINUE ON FOR A TOTAL DISTANCE OF 2607.65 FEET(DEED CALL:S 44°52'00"W-2627.98 FEET,7803/244)TO A POINT ON THE NORTHEAST LINE OF ROCK PRAIRIE ROAD EAST MARKING THE SOUTH CORNER OF SAID REMAINDER. OF 29.29 ACRE TRACT. FOR REFERENCE, A 1/2 INCH IRON ROD MARKING THE ORIGINAL SOUTH CORNER OF SAID 29.29 ACRE TRACT BEARS: S 410 40'24"W FOR A DISTANCE OF 2 ORDINANCE NO. 20/ 3599 Page 5 20.65 FEET(DEED CALL:S 41°4056"W-20.62 FEET, 1)804/1); THENCE: N 69° 53' 32" W ALONG THE NORTHEAST LINE OF ROCK PRAIRIE ROAD EAST FOR A DISTANCE OF 75.27 FEET(DEED CALL AND MEASURED, 11804/I)TO A POINT ON THE SOUTHEAST LINE OF A CALLED 1.583 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO JEAN S. STANLEY RECORDED IN VOLUME 5201,PAGE 160 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COLTNTY, TEXAS; THENCE: N 41°40'24"E ALONG THE SOUTHEAST LINE OF SAID 1.583 ACRE TRACT,AT 2.69 FEET PASS A 1/2 INCH IRON ROD FOUND,CONTINUE ON ALONG SAID LINE,PASS THE COMMON CORNER OF SAID 1.583 ACRE TRACT AND A CALLED 1.917 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO JEAN S. STANLEY RECORDED IN VOLUME 5201, PAGE 164 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, CONTINUE ON ALONG THE SOUTHEAST LINE OF SAID 1.917 ACRE TRACT FOR A TOTAL DISTANCE OF 354.80 FEET(DEED CALL:N 44°57'05"E-375.76 FEET,7803/244) TO A 1/2 INCH IRON ROD SET MARKING THE EAST CORNER OF SAID 1.917 ACRE TRACT. FOR REFERENCE,AN 8 INCH GATE POST FOUND BEARS:N 51°06'27"W FOR A DISTANCE OF 6.77 FEET; THENCE: ALONG THE COMMON LINE OF SAID 1.917 ACRE TRACT AND SAID REMAINDER OF 29.29 ACRE TRACT FOR THE FOLLOWING CALLS: N 48° 14'28" W FOR A DISTANCE OF 391.83 FEET(DEED CALL:N 45°02'55" W-392.)8 FEET, 7803/244) TO A 1/2 INCH IRON ROD FOUND MARKING THE NORTH CORNER OF SAID 1.917 ACRE TRACT; S 41° 53'20" W FOR A DISTANCE OF 291.68 FEET(DEED CALL: S 45°06'48" W-291.69 FEET, 7803/244) TO A 12 INCH FENCE CORNER POST FOUND MARKING THE WEST CORNER OF SAID 1.917 ACRE TRACT. FOR REFERENCE, A 1/2 INCH IRON ROD FOUND BEARS:N 01°01' 07"E FOR A DISTANCE OF 0.46 FEET; S 48°06' 36" E FOR A DISTANCE OF 127.62 FEET (DEED CALL: S 44°53'08" E- 127.55 FEET, 7803/244)TO A POINT MARKING THE SOUTHWEST CORNER OF SAID 1.917 ACRE TRACT AND THE NORTHWEST CORNER OF SAID 1.583 ACRE TRACT.FOR REFERENCE,A 12 INCH FENCE CORNER POST FOUND BEARS:N 27°51'31"E FOR A DISTANCE OF 0.54 FEET; THENCE: S 41° 50' 39" W ALONG THE NORTHWEST LINE OF SAID 1.583 ACRE TRACT, AT 165.62 FEET PASS A 1/2 INCH IRON ROD FOUND,CONTINUE ON FOR A TOTAL DISTANCE OF 168.35 FEET (DEED CALL:S 45°06'48"W- 189,33 FEET,7803/244)TO A POINT ON THE NORTHEAST LINE OF ROCK PRAIRIE ROAD EAST; THENCE: N 69° 53' 32" W ALONG THE NORTHEAST LINE OF ROCK PRAIRIE ROAD EAST FOR A DISTANCE OF 885.87 FEET (DEED CALL: N 69° 53' 32" W - 885.93 FEET, 11804/1)TO THE POINT OF BEGINNING CONTAINING 71.136 ACRES OF LAND,MORE OF LESS,AS SURVEYED ON THE GROUND JUNE, 2014. SEE PLAT PREPARED JUNE, 2014, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED BY GPS OBSERVATION. 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