HomeMy WebLinkAbout2005-2783 - Ordinance - 02/24/2005ORDINANCE NO. 2783
AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND
ABANDONING A TEN gl0) FOOT WIDE PUBLIC UTILITY EASEMENT, WHICH
CROSSES AND LIES WITHIN LOT 3R, REPLAT OF LOTS I & 2 HENTON SUBDIVIS[ON
AND LOT 2. ONE LINCOLN PLACE IN THE CITY OK COLLEGE STATION. TEXAS.
WHEREAS. the City of College Station has received an application for the vacation and
abandonment of a ten (10) foot wide public utility casement, which crosses and lies within LOT
3R, REPLAT OF LOTS I & 2 HENTON SUBDIVISION AND LOT 2. ONE LINCOLN PLACE
in the City of College Station, saJd portion of the public mllity easement being more part.culady
described on Exhibit "A" attached hereto; and
WHEREAS on February 24, 2005, the City Council of the City of College Station, Texas, heard
the application of David Scarmardo for Sahara Realty Group, Ltd for the vacation and
ahandonraent of the aforementioned ten (I0) foot wide public utility easement that crosses and
lies within LOT 3R. REPLAF OF LOTS I & 2 HENFON SUBDIVISION (RECORDED IN
VOLUME 2017, PAGE 239) AND LOT 2, ONE LINCOLN PLACE (RECORDED IN
VOLUME 690, PAGE 175), according to the replat ~corded in Volume 6347. Page ItS, of the
Oi~iclal Records of Brazos 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 Station, the Council must make certain findings of facts, and
WHEREAS, after hearing the application of David Scarmardo to vacate and abandon a ten ( I O)
foot wide public utility easemenl, the City Council of the City of College Station, finds the
following facts'
The location ora ten ¢ I 0) foot wide public utility easement crosses the apphcant's
properly and inhibits its development
The easement is no longer used by the City and there Is no infrastructure In the
easement
That the land use m the neighborhood appears to be stable and the use to which
this property is being put is not likely to change xvithin the ibreseeable future and
is similar to the use to that of the neighborhood; and
WHEREAS, the Cit) Council after hearing the application and finding the specific facts as stated
above now concludes and finds that:
The fact that the location of the ten (10) foot wide public utility easement that
crosses the applicant's property would deprive the applicant of the reasonable use
of bis property
The fact that the land use is not likely to change within the lbreseeable future
provides a basis for granting apphcant's request to vacate and abandon a portion
of the public utility easement necessary for the preservation and enjoyment uf the
substantial property right ofthe applicant.
Ord,nance No. 2783 Page 2
The fact that the abandonment 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 S'IATION,
TEXAS, that a ten (10} tbot wide strip of land previously platted as a pubhc utflfty easement.
which crosses and lies within LOT 3R, REPLAT OF LOTS I & 2 HENTON SUBDIVIS/ON
AND LOT 2. ONE LINCOLN PLACE, in the City of College Station, as described on Exhibit
"A" attached hereto, be abandoned and vacated.
PASSED, ADOPTED and APPROVED this 24th day of Februaw. 2005.
APPROVED:
ATTES'I ·
CONIqlE ItOOKS~ City Secretary.
[~r ,-E-Signed by Roxa~e Nemcik {~]
City Attorney
ds c'mi' does al~ndon revtsed./orm ,z,d doc
(0,16 ACRE)
10' PUBLIC UTILITY EASEMF_~
ACROSS
LOT 3R OF THE I~FPl..AT OF
LOTS ! & 2, HENTON SUBDMS
,- VOL. 2017, PG. -~_39
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