HomeMy WebLinkAbout2017-3861 - Ordinance - 02/09/2017 ORDINANCE NO. 2017-3861
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 2,172 SQUARE FOOT PUBLIC UTILITY
EASEMENT LYING WITHIN LOTS 6-10, BLOCK 4 OF THE TAUBER ADDITION
AND A 1,350 SQUARE FOOT PUBLIC UTILITY EASEMENT LYING WITHIN
LOTS 13-15, BLOCK 4 OF THE TAUBER ADDITION, ACCORDING TO THE PLAT
RECORDED IN VOLUME 133, PAGE 182, 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 2,172 Square Foot Public Utility Easement lying within
Lots 6-10, Block 4 and a 1,350 Square Foot Public Utility Easement lying within Lots
13-15, Block 4 of Tauber Addition, according to the plat recorded in Volume 133, Page
182, of the Deed Records of Brazos County, Texas, as described in Exhibit "A" attached
hereto (such portion hereinafter referred to as the "Public Utility Easements"); and
WHEREAS, in order for the Public Utility Easements 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
Easements described in Exhibit "A" attached hereto and made a part of
this ordinance for all purposes.
1. Abandonment of the Public Utility Easements 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 Public Utility Easements.
3. There is no anticipated future public need or use for the Public
Utility Easements.
4. Abandonment of the Public Utility Easements will not impact
access for all public utilities to serve current and future customers.
ORDINANCE NO.2017-3861 Page 2 of 6
PART 2: That the Public Utility Easements as described in Exhibit "A" be
abandoned and vacated by the City upon completion of the following condition:
1. That the Applicant shall, upon completion of the removal and
relocation of utilities at the owners' expense, convey by separate
instrument or plat to the City a public utility easement in a form
acceptable to the City if necessary.
PASSED, ADOPTED and APPROVED this 9th day of February, 2017
ATTEST: APP' S 0•
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ORDINANCE NO.2017-3861 Page 3 of 6 EXHIBIT A
Thomas -Gond Surveying
Surveying • Planning • Project Management
,
December 29,2016
7.5 Foot Public Utility Easement
2172 Square Feet
Fieldnotes for 2172 square feet of land out of Lots 6,7, 8,9,and 10,Block 4 of Tauber Addition to College
Station in Brazos County, Texas, the map or plat thereof recorded in Volume 133, Page 182 of the Deed
Records of Brazos County, said 2172 square feet of land being more particularly described by metes and
bounds as follows:
BEGINNING at a 5/8 inch steel rod with cap set in the Southeast line of Cherry Street, based on a 50 foot
right-of-way, said point being the most Westerly corner of Lot 11 of said Block 4 and the common most
Northerly corner of said Lot 10 and the herein described tract;
Thence, South 47°50'26" East, 289.66 feet with the Southwest line of Lots 11, 12, 13, 14, and 15 and the
Northeast line of said Lots 6,7,8,9,and 10 of said Block 4 to a point for the most Easterly corner of
said Lot 6 and the herein described tract, said point being the most Southerly corner of said I..,ot 15
and the most Westerly corner of Lot 16 and the most Northerly corner of Lot 5,both of said Block 4;
Thence, South 42°31'06"West, 7,50 feet with the common line of said Lots 5 and 6 to a point for the most
Southerly corner of the herein described tract;
Thence,North 47°50'26" West, 289.66 feet to a point in the Southeast line of said Cherry Street and the
Northwest line of said Lot 10 for the most Westerly corner of the herein described tract;
7
Thence, North 42°31'06" East, 7,50 feet with the Southeast line of said Cherry Street and the Northwest
line of said Lot 10 to the PLACE OF BEGINNING and containing 0.050 acre or 2,172 square feet of
land,more or less.
This description is based on the land title survey and plat (Job No. 16374) made under the direction of
James H.Thomas,Registered P ofessional Land Surveyor on May 31,2016.
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(281)440-7730 • Fax(281)440-7737
www.thomaslandsurveying.com
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SET 5/8" STEEL SET 5/8" STEEL
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FOR THE BENEFIT OF:JOHNSON&PACE INC. (50' R.0.1N.) ROD W/CAP
I, JAMES H. THOMAS, HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND "�" PLAT SHOWING A PUBLIC UTILITY
ON MAY 31, 2016 THAT THIS PLAT CORRECTLY REPRESENTS THE FACTS FOUND AT THE '°, _ .' ..� EASEMENT EXHIBIT OF A 0.050 ACRE
- TIME OF SURVEY AND THAT THIS PROFESSIONAL SERVICE CONFORMS TO THE .•'.\ti S tt ' V
• SPECIFICATIONS FOR A CATEGORY 1-B CONDITION II SURVEY, AND THAT THIS SURVEY IS '.-,',,S¢ . ' 'S<‘ .',n (2,172+ SQ. FT.) TRACT BEING OUT OF
BEING PROVIDED SOLELY FOR THE USE OF THE CURRENT PARTIES, AND THAT NOA.—..:...........<,,,,,,..'...y\ LOTS 6-10, BLOCK 4, TAUBER
LICENSE HAS BEEN CREATED, EX ESSED OR IMPLIED, TO COPY THE SURVEY EXCEPT Al JAMES H.T"` 'r'.`A
• IS NECESSARY IN CONJUNCT! N WITH THE ORIGINAL TRANSACTION, WHICH SHALL ADDITION, VOL. 133, PG. 182 D.R.B.C.,
.• NO XCEED 6 MONTHS FROM THE ATE OF THIS SURVEY CERTIFICATION. 'yx`,�,j,�.T,J.�.,;,t"^'��
IN BRAZOS COUNTY, TEXAS.
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.JA : H.THOMAS,RPLS No.5736
JOB NO.: 16374
ORDINANCE NO.2017-3861 Page 5 of 6 EXHIBIT A
Thomas Land-Surveying
Surveying • Planning • Project Management
l
December 23,2016
7.5 Foot Public Utility Easement
1350 Square Feet
Fieldnotes for 1350 square feet of land out of Lots 13, 14, and 15, Block 4 of Tauber Addition to College
Station in Brazos County, Texas, the map or plat thereof'recorded in Volume 133, Page 182 of the Deed
Records of Brazos County, said 1350 square feet of land being more particularly described by metes and
bounds as follows:
COMMENCING at a 518 inch steel rod with cap set in the Southeast line of Cherry Street, based on a 50
foot right-of-way, said point being the most Westerly corner of Lot 11 and the common most Northerly
corner of Lot 10,both of said Block 4;
Thence, South 47°50'26" East, 109,66 feet with the Southwest line of Lots 11 and 12 of said Block 4 and
the Northeast line of Lots 10 and 9 of said Block 4 to a 5/8 inch steel rod with cap set for the most Westerly
corner and PLACE OF BEGINNING of said Lot 13 and the herein described tract, said point being the
most Southerly corner of said Lot 12, the most Easterly corner of said Lot 9 and the most Northerly corner
of Lot 8 of said Block 4;
Thence, North 42°31'06" East, 7.50 feet with the common line of said Lots 12 and 13 to a point for the
most Northerly corner of the herein described tract;
Thence, South 47°50'26" East, 180.00 feet to a point in the Southeast line of said Lot 15 for the most
Easterly corner of the herein described tract, said point also being in the Northwest line of Lot 16 of
said Block 4;
Thence, South 42°31'06" West, 7.50 feet with the common line of said Lots 15 and 16 to a point for the
most Southerly corner of said Lot 15 and the herein described tract, said point being the most
Westerly corner of said Lot 16, and the most Northerly corner of Lot 5 and the most Easterly corner
of Lot 6,both of said Block 4;
Thence,North 47°50'26" West, 180.00 feet with the Northeast line of Lots 6, 7, and 8 of said Block 4 and
the Southwest line of said Lots 13, 14, and 15 to the PLACE OF BEGINNING and containing 0.031
acre or 1,350 square feet of land,more or less.
This description is based on the land title survey and plat (Job No. 16374) made under the direction of
James H. Thomas,Registered Professional Land Surveyor on May 31, 2016.
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14340 Torrey Chase Blvd.,Suite 270 • Houston,Texas 77014
(281)440-7730 • Fax(281)440-7737
www.thomaslandsurveying.com
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(50' R.O.W.) J PHONE: (281) 440-7730
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EASEMENT(PER PLAT) (DOC. No. 009 6320 D.R.B.C.)
P.O.C. N 42'31'06" E S 47'50'26' E 180.00' S 42'31'06" 1W
SET 5/8"STEEL 7.50' —^- (saoD� (so.00) (so.002 7.50'
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EXISTING 7.5°UTILITY
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FOR THE BENEFIT OF:JOHNSON&PACE INC. (50' R.O.W.) ROD W/CAP
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I. JAMES H. THOMAS, HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND ,.„.--^�~,c" P LAT SHOWING A PUBLIC UTILITY
ON MAY 31, 2016, THAT THIS PLAT CORRECTLY REPRESENTS THE FACTS FOUND AT THE s,-,-,„.°-+7 j - ., � EASEMENT EXHIBIT OF A 0.0310 ACRE
ZS TIME OF SURVEY AND THAT THIS PROFESSIONAL SERVICE CONFORMS TO THE i% r.t•.':•'',''=°'' t (1,350 SQ. FT.) TRACT BEING OUT OF
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SPECIFICATIONS FOR A CATEGORY 1-B CONDITION Ii SURVEY, AND THAT THIS SURVEY IS : 4,•'-` '.
Z BEING PROVIDED SOLELY FOR THE USE OF THE CURRENT PARTIES, AND THAT NO ; ' >'�' i`-,:k -,', :1 LOTS 13-15, BLOCK 4, TABUER
W LICENSE HAS BEEN CREATED, PRESSED OR IMPLIED, TO COPY THE SURVEY EXCEPT /�; x4;:.,,___ ,,;;r' °°°ti:, ADDITION, VOL. 133, PG. 182 D.R.B.C.,
Z AS IS NECESSARY IN CONJUN TION WITH THE ORIGINAL TRANSACTION, WHICH SHALL ,-0.s ::.. r-'
z N. CEED 6 MONTHS FROM T E DATE OF THIS SURVEY CERTIFICATION. "' °>" IN B RAZO S COUNTY, TEXAS.
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JA 'S H.THOMAS,RPLS Na.5736 __„,,...7,-.-
JOB NO.: 16374