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HomeMy WebLinkAbout2005-2786 - Ordinance - 02/24/2005ORDINANCE NO..27.g6 AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND ABANDONING A PORTION OF A TEN (10l FOOF WIDE AND FWENTY (20) FOOT WIDE UTILITY EASEMENT, WHICH CROSSES AND LIES WITHIN LOT 5. BLOCK 1, OF WOODSTOCK SECTION I, IN THE C{ FY OF COLLEGE STATION, TEXAS. WHEREAS. the City of College Station has rece,ved an application for the vacation and abandonment of a portion of a ten ~10) foot wide and twenty {20) foot wide public utility easement, which crosses and lies within Lot 5. Block I, of Woodstock Section [, in the City of College Station, said portion of the uhlity easement being more particularly described on Exhibit "A" attached hereto, and WHEREAS on FebruaD 24. 2005, the City Council of the City of College Station, Texas. heard the application of Mr. Paul Clarke. representative for Real Alchemy l, L P. a Fexas Limhed Partnership, for the vacation and abandonment of the aforementioned portion of Ihe ten (10) fool wide and t~venty (20l foot wide public utility easement that crosses and lies within Lot 5, Block I, of Woodstock Section I, according to the plat recorded m Volume 436, Page 48I. of the Offielal Records of Brazos County. Texas; and WTIEREAS. in order for any portion of an easement to be vacated and abandoned by the Cit) Council of the City of College Station. the Council must make certain findings of facts: and WHEREAS, after hearing the application of Paul Clarke to vacate and abandon a ten (10) foot ~lde and twenty {20) foot wide public utility easement, the City Council of Ibc City of College Station. finds the following facts: The location of a ten (10} fool wide and twenty (20) foot wide public utility easement crosses the applicant's property and inhibits its development. The easement, and the infrastructure contained within, is no longer necessar), or used b.~ the City. and the City will not need or use the easement or mlYastructure in the future 3 The land use in the neighborhood appears to be stable and the use to ~hich this prolx'rty is being put is not likely to change within the lbreseeable future and is similar to the use to that of the neighborhood, and WHFREAS, the City Council after hearing the application mid finding the specific facts as stated above now concludes and finds that Yhe fact that the location of the ten (10) tbot wide and twenty (201 foot wide public uulflty easement that crosses the applicant's property would deprive the applicant of the reasonable use of his propert) The fact that the land use is not hkely to change within the foreseeable future pro,,ides a basis for granting applicant's request to vacate and abandon a portion of a public utility easemenl necessao for the preser,,ation and enjoyment of the substantial property right of the applicant Ordinance No. 2786 Page 2 The tact that the abandonment of a port,on of the easement is not detrimental to the public health, safety or welfare or injurious to the property in the area; now theretbre. BE IT ORDAINED BY THE CITY COL~CII. OF THE CITY OF COLLEGE STAFION. TEXAS, that a portion of a ten (10) foot wide and twent) (20) foot strip of land previously platted as a pubhe utilit~ easement, v~hich crosses and lies within Lot 5, Block 1, of Woodstock Section I in the City of College Stmion. as described on Exhibit "A" attached hereto, be abandoned and vacated. PASSED, ADOPTED and APPROVED this 24* day of February, 2005. APPROVED: ATTEST' APPROVED ds c'nn, does abandon r~ ~ ~ed for,n ord doc Bxh'l b:l.t "A" Page 2 of 2 FIELD NOTES 0 1583 ACRE EASEMENT ABANDONMENT Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR LEAGUE, Abstract No 46 in College Station, Brazes County, Texas and being a portion of Lot 5, Block I of WOODSTOCK SECTION I, recorded in Volume 436, Page 481 of the Brazes County Deed Records (B C D R ), same be/ng part of the called 6 80 acre tract conveyed to Real Alchemy I, L P by Real Alchemy, L C, recorded in Volume 1844, Page 322 of the Official Records of Brazes County (O R.B C.), and being more particularly described by metes and bounds a~ follows COMMENCING. at a found 1/2-inch iron rod marldng the east comer ora 12.97 acre W Barton Munro tract,described.in Volume 6187, Page 154 (O R B C ), the southwest comer of a called 5 17 acre C~ty qf College Station tract described ,n Volume 1636, Page 315 (O R.B.C ) and being in the · ~northwest ri~,htoof-way line of Holleman Drive (based on a 70' width at tbs location), THENCE. N 46' 08' 13" W (called N 44' 55' 05" W) along the common line of said 12.97 acre tract and the called 5 17 acre tract, at 94 11 feet pass a found 1/2-inch iron rod marking the west comer of the called 5 17 acre tract, said comer also being the south corner of'the said 6.80 acre tract, continue along said course marking the common line of said 12.97 acre tract and the said 6 80 acre Real Alchemy I, L P tract for a total distance of 181 31 Ret to a l/2-mch iron rod set for the POINT OF BEGINNING, THENCE N 46' 08' 13" W (called N 44' 55' 05" W) continuing along the said common line of the 12 97 and the called 6 80 acre tracts for a distance of 82 86 feet for comer, THENCE 2) 5) into the interior of the said 6 80 acre tract for the following five (5) calls N 89' .33' 17" E for a distance of 14.32 feet for comer, S 46' 08' 13" E for a distance of 53.92 feet for comer, N 52' 38' 30" E for a distance of 297.61 feet for comer, S 80' 30' 30" E for a distance of 27 41 feet for comer and S 52' 38' 30" W for a distance of 323 39 feet to the POINT OF BEGINNING and containing 0 1583 acres (6,893.8 square feet) of land, more or less. I, Kewn R McClure, Registered Profesaonal Land Surveyor No 5650 in the State of T~as do certify that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Spec~cations~ Condztion Il Survey ~'"'.~'"_":'-~_~0_ R McClure, R P L S #5650 ~ I~VIN R McCLURE ~ . , zlz, los Exhibit "A"