HomeMy WebLinkAbout2005-2782 - Ordinance - 02/24/2005ORDINANCE NO. 2782
AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND
ABANDONING A TEN (10) FOOT WIDE PUBLIC UTILITY EASEMENT, WHICH
CROSSES AND LIES WITHIN LOT IR. REPLAT OF LOTS I & 2 HENTON SUBDIVISION
AND LOT 2. ONE LINCOLN PLACE IN THE CITY OF COLLEGE STATION. TEXAS
WHEREAS. the City of College Station has received an application for the vacation and
abandonment ora ten (10) foot wide publ,c utility easement, which crosses and lies wzth,n LOT
I R. REPLAT OF LOTS I & 2 HENTON SUBDIVISION AND LOT 2. ONE LINCOLN PLACE
in the City of College Station. said portmn of the public util,ty easement being more particularly
described on Exh~b:t "A" attached hereto; and
WHEREAS on FebrnaD 24, 2005. the City Counczl of the Czty of College Station, Texas. heard
the appheation of David Searmardo for Sahara Realty Group. Ltd. for the vacation and
abandonment of the aforementioned ten {I0) foot wide public utility easement that crosses and
lies within LOT IR, REPLAT OF LOFS I & 2 HENTON SUBDIVISION (RECORDED IN
VOLUME 2017. PAGE 2391 AND LOT 2, ONE LINCOLN PLACE (RECORDED IN
VOLUME 690. PAOE 175). according to the replat recorded in Volume 6347, Page 185. of the
Official Records of Bmzos County. Texas; and
WHEREAS. in order for any portion of an easement to be vacated and abandoned by the Cz.ty
Council of the City of College Station. the Council must make certain findings of liters: and
WHEREAS, after hearing the appl,cat:on of David Scarmardo to vacate and abandon a ten (10)
foot wMe public utdity easement, the City Council of the City of College Station. finds the
following facts'
The locat,on ora ten (10I foot wide public utihty easement crosses the applicant's
properly and inhibits its development.
2
The easement is no longer used by the C,ty and there is no infrastructure in the
easement.
That the land use in the neighborhood appears to be stable and the use to which
this property is being put is not hkely to change within the foreseeable future and
~s simdar to the use to that of the neighborhood; and
WHEREAS. the City Council after hearing the apphcation and finding the specific facts as stated
above now concludes and finds that:
The fact that the location of the ten (10) tbot wide public utility easement that
crosses the apphcant's property would deprive the apphcant of the reasonable use
of Ms property.
The fact that Ihe land use is not likely to change within the foreseeable future
provides a basis for granting appheant's request to vacate and abandon a porhon
of the pubhe utd,ty easement necessary for the preservanon and enjoyment of the
substantial property right of the applicant
.1~ ~ 'raj' d~.'s abandon'revised forth or~f d~:
Ordinance No 2782 Page 2
The fact that the abandonment ora porlion of the easement is not detrimental to
the public health, safety or welfare or injurious to the property in the area; nog
therefore.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, that a ten (10) foot w~de strip of land prev]ously platted as a public utility easement,
which crosses and lies within LOT IR. REPLAT OF LOTS I & 2 HENTON SUBDIVISION
AND LOT 2, ONE LINCOLN PLACE m the City of College Station, as described on Exhib,t
"A" atlached hereto, be abandoned and vacated.
PASSED, ADOPTED and APPROVED this 24th day of.February, 2005.
APPROVED:
Ron ~lvi~ Ma~or
ATTEST:
CONNIE HOOKS. City Sc~cretar~-
L/l~,F~~!~E-Slgned by Roxan~e Igemc~k (~)[
City Attorney
ds e, nn docs ab, tmton re~tsed £orm o~l doc
Easement Abandonment
10' wide - PUE - 0.07 Acre
Part of Lot 1R
Replat of Lots 1 & 2, Henton Subdivision, Vol. 2017, Pg. 239
and Lot 2, One Lincoln Place, Vol. 690, Pg. 175
Vol. 6347, Page 185
Richard Carter Survey, A-8
College Station, Brazos County, Texas
Field notes of a 10' wide strip or parcel of land, (0.07 acre) lying and being
situated in the Richard Carter Survey, Abstract No. 8, College Station, Brazos County,
Texas, and being part of Lot 1R (2.29 acres) of the Replat of Part of Henton
Subdivision and part of One Lincoln Place, as recorded in Volume 6347, Page 185,
of the Official Records of Brazos County, Texas, and said 0.07 acre tract being more
particularly described as follows:
BEGINNING at the 1/2" iron rod found marking the south corner of the
beforementioned Lot 1 R, same being the west corner of Lot 7-12 of the Replat of Lot
3 - Henton Subdivision according to the plat recorded in Volume 4089, Page 109, of
the Official Records of Brazos County, Texas, and same being in the northeast line of
the Sahara Realty Group, Ltd., - called 7.47 acre tract described in the deed recorded
in Volume 6330, Page 177, of the Official Records of Brazos County, Texas;
THENCE N 45° 28' 03" W along the southwest line of the beforementioned Lot
1 R, same being the northeast line of the beforementioned 7.47 acre tract for a
distance of 310.50 feet to a 1/2" iron rod found marking the west corner of Lot 1 R, same
being the south corner of Lot 3R (5.85 acres) of said Replat (6347/185) and same
being the north corner of the 7.47 acre tract;
THENCE N 44° 50' 37" E along the northwest line of the beforementioned Lot
1 R, same being the southeast line of said Lot 3R for a distance of 10.00 feet;
THENCE S 45° 28' 03" E across the beforementioned Lot 1R for a distance of
310.50 feet to the southeast line of Lot 1R;
THENCE S 44° 50' 37" W along the southeast line of Lot 1 R, same being the
northwest line of the beforementioned Lot 7-12 for a distance of 10.00 feet to the
PLACE OF BEGINNING, encompassing an area of 0.07 acre, more or less.
Prepared 12/17/04
kes04-07a:1hentonsubreplatpartlotl r0.07ac.wpd
Surveyed December 2004
4
S. M. Kling
R. P. L. S. No. 2003
EXHIBIT A
KLING ENGINEERING AND SURVEYING
BRYAN. TEXAS