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HomeMy WebLinkAbout2015-3648 - Ordinance - 04/09/2015 ORDINANCE NO. 2015-3648 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 3,912 SQUARE FOOT PORTION OF THE 1.08 ACRES PUBLIC UTILITY EASEMENT LYING ALONG TRACT 1, SOUTHWOOD, SECTION 5, OF ACCORDING TO THE PLAT RECORDED IN VOLUME 284, PAGE 516 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 a 3,912 Square Foot portion of the 1.08 Acres Public Utility Easement lying along Tract 1, Southwood, Section 5, according to the plat recorded in Volume 284, Page 516, of the Official Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the "Public Utility Easement"); and WHEREAS, in order for the Public Utility 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 Public Utility Easement described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Public Utility Easement will not result in property that does not have access to public roadways or utilities. 2. Other than is set forth herein, there is no public need or use for the Public Utility Easement. 3. Except as may be provided for in this ordinance, there is no anticipated future public need or use for the Public Utility Easement. 4. As set forth in this ordinance, abandonment of the Public Utility Easement will not impact access for all public utilities to serve current and future customers. ORDINANCE NO. 2015-3648 Page 2 5. Electric infrastructure exists within the Public Utility Easement and the City has a continuing need for such infrastructure. PART 2: That the Public Utility Easement as described in Exhibit "A" be abandoned and vacated by the City only upon completion of the following condition: 1. That the Applicant shall, upon completion of the removal and relocation of the electric infrastructure located within the Public Utility Easement, convey by separate instrument or plat to the City a public utility easement at the location of such relocated infrastructure, in a form acceptable to the City. PASSED, ADOPTED and APPROVED this l day of , 2015. APPROVED: NANCY BERRY, Mayor ATTEST: SHERRY M IIBURN, City Secretary APPROVED: _64-zL/9-19efern6ON4 City Attorney EXHIBIT A, 1 OF 2 METES AND BOUNDS DESCRIPTION OF A 3912 SQUARE FOOT TRACT TRACT 1,SOUTHWOOD,SECTION FIVE COLLEGE STATION,BRAZOS COUNTY,TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF PARCEL OF LAND LYING AND BEING SITUATED IN COLLEGE STATION,BRAZOS COUNTY,TEXAS. SAID TRACT BEING A PORTION OF AN EXISTING 1.0807 ACRE UTILITY EASEMENT AS DESCRIBED IN VOLUME 3180,PAGE 14 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS,SAID EASEMENT BEING A PORTION OF TRACT 1,SOUTHWOOD,SECTION FIVE,ACCORDING TO THE PLAT RECORDED IN VOLUME 284,PAGE 516 OF TIME DEED RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHEAST LINE OF WELCH BOULEVARD (80' R.O.W.) SAME BEING THE SOUTHWEST LINE OF SAID TRACT 1, MARKING THE MOST SOUTHERLY CORNER OF SAID 1.0807 ACRE UTILITY EASEMENT; THENCE: THROUGH SAID TRACT 1 AND ALONG THE SOUTHEASTERLY LINES OF SAID EXISTING EASEMENT FOR THE FOLLOWING CALLS: N 19°44'53"E FOR A DISTANCE OF 20.08 FEET; N 70° 15'07"W FOR A DISTANCE OF 18.52 FEET; N 19°33'36"E FOR A DISTANCE OF 378.01 FEET; S 74°28'08"E FOR A DISTANCE OF 95.91 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: CONTINUING THROUGH SAID TRACT 1 FOR THE FOLLOWING CALLS. N 82°26'26"E THROUGH SAID EXISTING EASEMENT FOR A DISTANCE OF 51.00 FEET; S 74°28'08"E ALONG A NORTHERLY LINE OF SAID EASEMENT FOR A DISTANCE OF 117.48 FEET; S 76°26'51"E CONTINUING ALONG SAID NORTHERLY LINE OF SAID EASEMENT FOR A DISTANCE OF 50.13 FEET; S 09° 12' 11"E THROUGH SAID EASEMENT FOR A DISTANCE OF 21.69 FEET; N 76°26'51"W ALONG A SOUTHERLY LINE OF SAID EASEMENT FOR A DISTANCE OF 58.86 FEET; N 74°28'08" W CONTINUING ALONG SAID SOUTHERLY OF SAID EASEMENT FOR A DISTANCE OF 164.73 FEET TO THE POINT OF BEGINNING CONTAINING 3912 SQUARE FEET OF LAND,MORE OR LESS. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION.SEE PLAT PREPARED MARCH 2015 FOR MORE DESCRIPTIVE INFORMATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No.4502 -: h D:/WORK/MAB/15-190A.MAB l.. :ry■"Gi:S1 C ;"^�y r1 } DRAG:KERR )i v' / m 4x02 V" 1 A, y O •7J^ 1 EXHIBIT A, 2 OF 2 o M. 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