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Home My WebLink About2004-2697 - Ordinance - 02/26/2004ORDINANCE NO 2697 AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND ABANDONING A PORTION OF A VARIABLE WIDTH SLOPE EASEMENT. WHICH CROSSES AND LIES WITHIN LOT I. BLOCK 19, EMERALD FOREST SUBDIVISION PHASE I IA IN THE CITY OF COLLEGE STATION. TEXAS. WHEREAS. the Ctty of College Station has rece,ved an application for the vacation and abandonment of a portion of a variable width slope easement, which crosses and hes within Lot I. Block Iq. Emerald Forest Subdtwsmn Phase I IA in the Cdy of College Station. said portmn of the variable width slope easement being more particularly described on Exhibit "A" attached hereto; and WHEREAS on February 26, 2004. the Ctty Council of the Cfly of College Station, Texas, heard the application of Dean Schieffer. President of Sch~effer Corp., Managing Venturer for Emerald Forest Joint Venture gl for the vacation and abandonment of the aforementtoned portmn of the variable width slope easement that crosses and lies within Lot I. Block 19. Emerald Forest Subdlvtsion Phase II A, according to separate agreement metes & bounds recorded in Volume 1566, Page 342, of the Official Records of Brazes County, Texas, and WHEREAS. in order for any portion of an easement to be vacated and abandoned by the City Council of the City of College Statmn. the Counol must make certain findings of facts: and WHEREAS. after heanng the apphcat,on of Dean ScMeffer. President of ScMeffer Corp. Managing Venturer for Emerald Forest Jorat Venture #1 to vacate and abandon the variable width slope easement, the City Council of the City of College Station. finds the following facts The Iocatlou of the variable w~dth slope easement crosses the applicant's property and u~lblts its development The variable width slope easement is no longer used by tile City and there is no infrastructure in the easement That Ihe land use in the neighborhood appears to be stable and the use to which this property is being put is not likely to change wflhm the foreseeable future and is similar to the use to that of the neighborhood: and WHEREAS, the City Council after heanng tile application and finding the specific facts as stated above now concludes and finds that. The fact that the location of the variable width slope easement that crosses the applicant's property would deprive the applicant of the reasonable use of his property The fact that tile land use is not likely to change within the foreseeable future provMes a basis for granting apphcant's request to vacate and abandon a portion of the variable width slope easement necessary for the preservation and enjoyment of the substantial property right of the applicant The pomons of the utility easements dedtcated by plat in volume 4580. page 196 and volume 823. page 546 of the Official Records of Brazes County. Texas. and included within Ordinance No 2697 Page 2 this variable width slope easement, are not abandoned and any permanent structure is prohibited from being constructed within these utthty easements The fact that the abandomnent of a portion of the easement is not detrimental to the public health, safety or welfare or injurious to the property m the area, now therefore. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, that a portion ora variable width slope easement, which crosses and lies within Lot 1. Block 19, Emerald Forest Subdlwsion Phase I IA in the City of College Station, as described on Exhibit "A" attached hereto, be abandoned and vacated. PASSED. ADOPTED and APPROVED this 26th day of February. 2004. APPROVED: A'I'FEST' CONNIE HOOKS. C~ty Secretary APPROVED. City AUomey Exhibit "A"- page I olaf= TRACT A MKT~ AND BOUND8 DISCR~FION OFA 0.101 ACRE TRACT I*ORT/ON OF LOT 1, BLOCK 19 EMERALD I~OmF-qT, PHA,S~ II-A MORGAN RECTOR I F, AGUE, A-4~ COLLgG]E STATION, BBAZOS COUNTY, TEXAS METES AND ~S DESCR~T]ON OF ALL THAT CERTAIN TRACT OR PARCEL OFLA~)LY~ ANDIM~G SITUATED IN 1'1-~ MORGAN RF~-'TOR LEAOU~ ABSTRACT ]qO 46, COT ] r,0~ STATION, BRAZOS COUNTY, TEXAS. 8AID TRACT BEiNO A PORTION OF LOT ], IM.(X~ ! 9, I~E{RALDFOREST, ]qiA~ ! I -A, ACCORDING TO ~ PLAT RECORDED ]N VOLIJ}~ 4~0, PAGE 196 O~ THE OFFICIAL PUBi. IC RECORDS OI; BRAZO8 COLTI,,'TY, ~ ~q~) TRACt ALO~ ~O A PORTION O~ A C~ ~ ~'~ 0.85 ACI6i ~ EA-q~EN~ TO Ti~ (3TY (~ COLLE(3~ STATION'~ AS TRACT ! IN VOLUI~ 1566. PAOIi~42 OFTH~ OFI;]C~ALPtlBLIC ~S OF BRAZOS COUNTY. ~ 8AID 'IRACr Bi;ING MO~ PARTICULARLY DESCRIBED BY ~ml~$ ~ BOUI~)S AS FOLLOWS. TllENC~ $ l 1 ° 00' 46' E~UQH 9AK) LOT 1 AND ALONG TL4E F. AST LD~ O~ SAff) SLOE~,~FOR A DISTANCE OF 33.81 t-m~1 TO A IK)INT ~O AN ANGLE POINT I~ SAID EA~r LII~; TBENC~ $ 0T' S2' 04' E CONI'INUINO ~OUGH SAID LOT I AND ALO~IO TI-~ EAST LD~ OF 8A~) SaJ3PB ]~sc~D~T FOR A DISTANCB OF ! 02 78 l.~.c~ TO A POINT ON ~F~ SOU'DI LD~ OF SAID LOT I; 'lligNCgt S72' 42'3~°WALONGTI~OUTHLIl~OP SAIDLOT i FORADISTANCEOF3?-0'l ~'~i TOTI'I~ ~ CONTAININOO.101 CiF ANACRE(4413 ~QUAREI,I~i~ OF I.M~),MOREORLE~.~ BA~ED ON TI~ I:~,~T CALL B~J~INUS O~ I~IERALD YORI~T, PHk.S~ ii,.AD IG~RR REOlat ~m~D PROFE.qglONAL LM,~ SURVEYOR R.P L& NO. 4502 D:XWORIGMAB~3~396A. MAB CB'N 053g'~' W Exhibit "A"- page/3'of~' LOT2 I PORTION LOT I, BLOCK 2O