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Home My WebLink About2005-2784 - Ordinance - 02/05/2005tw ORDINANCE NO. 2784 AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND ABANDONING A TWENTY (20) FOOT WIDE PUBLIC UTILITY EASEMENT, WHICH CROSSES AND LIES WITHIN LOT 4R, REPLAT OF LOTS 1 & 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 of a twenty (20) foot wide public utility easement, which crosses and lies within LOT 4R, REPLAT OF LOTS 1 & 2 HENTON SUBDIVISION AND LOT 2, ONE LINCOLN PLACE, in the City of College Station, said portion of the public utility easement being more particularly 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 abandonment of the aforementioned twenty (20) foot wide public utility easement that crosses and lies within LOT 4R, REPLAT OF LOTS 1 & 2 HENTON SUBDIVISION (RECORDED IN VOLUME 2017, PAGE 239) AND LOT 2, ONE LINCOLN PLACE (RECORDED IN VOLUME 690, PAGE 175), according to the replat recorded in Volume 6347, Page 185, of the Official 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 twenty (20) foot wide public utility easement, the City Council of the City of College Station, finds the following facts: 1. The location of a twenty (20) foot wide public utility easement crosses the applicant's property and inhibits its development. 2. The easement is no longer used by the City and there is no infrastructure in the easement. 3. That the land use in the neighborhood appears to be stable and the use to which this property is being put is not likely to change within the foreseeable future and is similar to the use to that of the neighborhood; and WHEREAS, the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: 1. The fact that the location of the twenty (20) foot wide public utility easement that crosses the applicant's property would deprive the applicant of the reasonable use of his property. 2. The fact that the land use is not likely to change within the foreseeable future provides a basis for granting applicant's request to vacate and abandon a portion of the public utility easement necessary for the preservation and enjoyment of the substantial property right of the applicant. js/c/my docs/abandon/revised form ord.doc C Ordinance No. 2784 Page 2 3. 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 in the area; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, that a twenty (20) foot wide strip of land previously platted as a public utility easement, which crosses and lies within LOT 4R, REPLAT OF LOTS 1 & 2 HENTON SUBDIVISION 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 February, 2005. ATTEST: NNIE HOOKS, City Secretary APPROVED: Signed by Roxanne Nemcik rt-,--Signed NilPP!+,7 City Attorney js/c/my docs/abandon/revised form ord. doc APPROVED: 1 Ron Silvia, ayor Easement Abandonment 20' PUE - 0.28 Acre Across Lot 4R 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 20' wide strip or parcel of land, (0.28 acre) lying and being situated in the Richard Carter Survey, Abstract No. 8, College Station, Brazos County, Texas, and being part of Lot 4R (4.62 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 0.28 acre tract being more particularly described as follows: COMMENCING at the lead plug and tack found marking the south corner of the beforementioned Lot 4R (4.62 acres); THENCE N 44° 31' 02" E along the southeast line of the beforementioned Lot 4R, same being the northwest line Lot 2R (0.56 acre) of said Replat (6347/185) for a distance of 119.58 feet to the PLACE OF BEGINNING of this description; THENCE across the beforementioned Lot 4R as follows: N 45° 28' 59" W N14°44'55"W for a distance of 381.17 feet, fora distance of 227.13 feet to the south right-of- way line of University Drive, same being the north line of Lot 4R, from which a lead plug and tack found marking the west corner of Lot 4R bears S 72° 27' 00" W - 49.96 feet; THENCE N 72° 27' 00" E along the south right-of-way line of University Drive for a distance of 20.02 feet; THENCE across the beforementioned Lot 4R, as follows: S 14° 44' 45" E S45°28'59"E for a distance of 222.62 feet, for a distance of 375.68 feet to the southeast line of Lot 4R; THENCE S 44° 31' 02" W along the southeast line of Lot 4R, same being the northwest line of Lot 1, Block 1 (9.03 acres) of One Lincoln Place, Volume 690, Page 175, of the Official Records of Brazos County, Texas, at a distance of 10.00feet, pass a1/2" iron rod found marking the west corner of Lot 1, Block 1 (9.03 acres), same being the north corner of the beforementioned Lot 2R, continue on for a total distance of 20.00 feet to the PLACE OF BEGINNING, encompassing an area of 0.28 acre, more or less. Surveyed December 2004 Prepared 12.'17/04 kes0W-07a•1hentcasubrerlatrartlot4r0 28ac.wpd S. M. Kling R. P. L. S. No. 2003 KLING ENGINEERING AND SURVEYING BRYAN. TEXAS H \Lund Protects R2\Unlverslty Dr we-LIncolr--Cprinq Loop\dwq\Henton-Lincoln\Exhlblts\Ensener ',bundonnent - Lot 4R.dwq 12/17/2004 S1&37 P ti <,,-I;.`'>,%7„ „.q0, CO4OR<�f,_.,_,civ,4_ :i•c?„,.., RRCS OVfR D9 YCbR�rpR 4ScRsry`Q,0 S7-- "1-4:0.,• 2�DpE /// I1 ,' / / Xi. �, LOT 3R / 5.85 ACRES // tiV. tvh ' 4 h ,/I /// / e LPS Of i O -1S 1 2.& gNh` , HE 2BO/x,�/'i Vjot 0?9G 29'` & % / �/ / ONE 01G9S7 AA- Al,5 LOT 1R 2.29 ACRES LEAD PLUG & TACK FOUND J LOT 4R 4.62 ACRES S 4528'59-E r 1 r 1 i � 1 1 AA00 5 20' LOT 2R 0.56 ACRE LOT 7-17 LOT 7-16 LO �E„oN of 1.° IA s.51 PCR 1 vb-. r -J r SCALE: 1"= 100' FOREST DRIVE (PRNA7E ROOD) 20' PUE TO BE ABANDONED (0.28 ACRE) 20' PUBLIC UTILITY EASEMENT / / i) / /� / �\ f / / LOT 3 / / / ; BLOCK ONE / 1 I , 4 1/2" IRON LOT 1 -- ROD FOUND (9.03 ACRES) ; -- -� - BLOCK ONE --- -- — - 0� Q'Ye�,,z�• 4—cAr• EASEMENT ABANDONMENT I - ; "I , • ‘--; r--" LOTS 1 & 2, HENTON SUBDIVISION VOL. 2017, PG. 239 (0.28 ACRE) OF A 20' PUBLIC UTILITY EASEMENT ACROSS LOT 4R OF THE REPLAT OF rs INDICATES PRCPOSED 10' ABANDONMENT (0.28 ACRE) & LOT 2, ONE LINCOLN PLACE VOL. 690, PG. 175 VOL. 6347, PG. 185 RICHARD CARTER SURVEY, A-8 COLLEGE STATION, BRAZOS COUNTY, TEXAS SCALE: 1"=100' DECEMBER, 2004 PREPARED BY: KLING ENGINEERING & SURVEYING 4101 TEXAS AV. + P.O. BOX 4234 + BRYAN,TEXAS + PH.979/846-6212 %REF: KLING ENGINEERING & SURVEYING BRYAN, TEXAS