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Home My WebLink About2016-3765 - Ordinance - 04/28/2016 ORDINANCE NO. 2016-3765 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.1962 ACRE PORTION OF A 12-FOOT WIDE SANITARY SEWER EASEMENT, SAID PORTION LYING ALONG LOTS 1,2A&2B,BLOCK A, OF THE PETTERAK SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 800, PAGE 171 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS AND A 0.768 ACRE TRACT OF LAND IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, AS DESCRIBED BY DEED RECORDED IN VOLUME 889, PAGE 315 OF THE SAID OFFICIAL PUBLIC RECORDS, BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.1962 acre portion of the 12-foot wide Sanitary Sewer Easement, said portion lying along Lots 1, 2A&2B,Block A, of the Petterak Subdivision, according to the plat recorded in Volume 800, Page 171, of the Official Records of Brazos County, Texas and a 0.768 acre tract of land in the Crawford Burnett League, Abstract No. 7, as described by deed recorded in Volume 889, Page 315 of the said Official Public Record, Brazos County, Texas, and as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the "Easement"); and WHEREAS, in order for the Sanitary Sewer 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 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. Other than set forth herein, there is no public need or use for the Easement. 3. Except as may be provided for in this ordinance, there is no anticipated future public need or use for the Easement. ORDINANCE NO. 2016-3765 Page 2 of 4 4. As set forth in this ordinance,abandonment of the Easement will not impact access for all public utilities to serve current and future customers. 5. Utility infrastructure exists within the Easement and the City has a continuing need for these utilities to remain within the Easement until relocated with development, and said uses are expressly not abandoned herein. PART 2: That the Easement as described in Exhibit "A" be abandoned and vacated by the City only upon completion of the following conditions: 1. That the Applicant shall remove and relocate the existing utility infrastructure in accordance with approved construction documents at the Applicant's expense, 2. That the Applicant shall, upon completion of the removal and relocation of the utility infrastructure, convey by separate instrument or plat to the City public utility easements at the location of said utility infrastructure, in a form acceptable to the City. PASSED, ADOPTED and APPROVED this 28th day of April, 2016. APPROVED: NANCY BERRI', Mayor ATTEST: SHERRY 1 IBURN, City Secretary PPROVED: ip 4- ty Attorney Ordinance No. 2016-3765 "Exhibit A" Page 3 of 4 'Thomas Land Surveying Surveying • Planning • Project Management April 18,2016 0.1962 Acre 12' Sanitary Sewer Easement Fieldnotes for 0.1962 acre of land out of the Crawford Burnett League, Abstract No. 7 in Brazos County, Texas, being out of and a part of Block A of Petterak Subdivision, the map or plat thereof recorded in Volume 800, Page 171 of the Official Public Records of Brazos County, and out of and a part of that certain 0.768 acre tract of land conveyed to Myrna Hughes (previous in chain), as described in deed recorded in Volume 889, Page 315 of the said Official Public Records, and being further out of and a part of that certain 4.2566 acre tract of land conveyed to Stillwater Wellborn, LLC, as described in deed recorded in Volume 13100,Page 50 of the said Official Public Records,said 0.1962 acre tract of land being more particularly described by metes and bounds, based on the Texas State Plane Coordinate System (Central Zone)as follows: COMMENCING at a 5/8 inch steel rod with cap set in the Northeast line of F.M. Hwy. No. 2154 (aka Wellborn Road), at its intersection with the Southeast line of Luther Street, said point being the most Westerly corner of said Block A and the said 4.2566 acre tract; Thence, North 42°00'06" East, 191.30 feet with the Southeast line of said Luther Street, and with the Northwest line of said Block A and the said 4.2566 acre tract to a point for the most Westerly or Northwest corner and PLACE OF BEGINNING of the herein described tract; Thence, continuing with the Southeast line of said Luther Street, and the Northwest line of said Block A and the said 4.2566 acre tract, North 42°00'06" East, 12.63 feet to a point for the most Northerly or Northeast corner of the herein described tract; Thence,South 29°52'01"East,714.10 feetto a point for the most Easterly of Southeast corner of the herein described tract; Thence, South 60°20'36 West, 12.00 feet to a point for the most Southerly or Southwest corner of the herein described tract; Thence,North 29°52'0I"West 710.12 feet to the PLACE OF BEGINNING and containing 0.1962 acre or 8,545 square feet of land,more or less. This description is based/on the land title survey and plat (Job No. 16293) made under the direction of James H.Thomas,/Registered Professional Land Surveyor on January 7,2016. James H.Thomas, R.P.L.S. No,5736 -,7 'C .P- T ` JAMES' THOMAS -� e ._:',..4. 0.:5:360. ,.. ..;:z, 14340 Torrey Chase Blvd.,Suite 270 • Houston,Texas 77014 (281)440-7730 • Fax(281)440-7737 www.thomaslandsurveying.com Ordinance No. 2016-3765 "Exhibit A" Page 4 of 4 Z 14151 .105 o , .r, :co Z Z7 �,1 r� u, Gam] _.- I: .' (tfi 96}J_ rtl C7PI i C C 'i': -'t• M a a 5 CD FD N. Cl. 5 /7- -0 CD 0 �� u i. `j o CO , . k m.,0 �C Z 'w A. y 2 �+J Ii- - fli 5 O $�l 0, O i• 0 Co •-. O I I- 4 m 5 p C . 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