HomeMy WebLinkAbout2002-2588 - Ordinance - 10/24/2002ORDINANCE NO. 2588
AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND
ABANDONING A PORTION OF A TWENTY (20) FOOT WIDE UTILITY EASEMENT,
WHICH CROSSES AND LIES WITHIN LOT 3, WOLF PEN PLAZA IN THE CITY OF
COLLEGE STATION, TEXAS.
WHEREAS, the City of College Station has received an application for the vacation and
abandonment of a portion of a twenty (20) foot wide utility easement, which crosses and lies
within Lot 3, Wolf Pen Plaza in the City of College Station, said portion of the utility easement
being more particularly described on Exhibit "A" attached hereto; and
WHEREAS on October 24, 2002, the City Council of the City of College Station, Texas, heard
the application of ZP No. 85, LTD for the vacation and abandonment of the aforementioned
portion of the twenty (20) foot wide utility easement that crosses and lies within Lot 3, Wolf Pen
Plaza, according to the plat recorded in Volume 3588, Page 47, 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 ZP No. 85, LTD to vacate and abandon a twenty
(20) foot wide utility easement, the City Council of the City of College Station, finds the
following facts:
The location of a twenty (20) foot wide public utility easement crosses the
applicant's property 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 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:
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.
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 a public utility easement necessary for the preservation and enjoyment of the
substantial property right of the applicant.
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,
js/c/~n.~ docs/abandon&evised form ord doc
Ordinance No. 2588 Page 2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, that a portion of a twenty (20) foot wide strip of land previously platted as a public
utility easement, which crosses and lies within Lot 3, Wolf Pen Plaza 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 October, 2002.
APPROVED:
Ron Rtlvifi, Mayor
ATTEST:
Conn.e Hooks, C~ty Secretary
APPROVED:
City Attorney
js ~c/mv docs/abandon/revtsed form ord doc
Exhibit "A" page 1 of 2
METES AND BOUNDS DESCRIPTION
OFA
0.255 ACRE TRACT
PORTION OF LOT 3
WOLF PEN PLAZA
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING
AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING THE
PORTION OF AN EXISTING 20.00 FOOT WIDE EASEMENT AREA CROSSING LOT 3, WOLF PEN PLAZA,
ACCORDING TO THE PLAT RECORDED IN VOLUME 3588, PAGE 47 OF THE OFFICIAL PUBLIC
RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS.
BEGINNING AT A POINT ON THE SOUTHWEST LINE OF GEORGE BUSH DRIVE MARKING THE
NORTH CORNER OF SAID EASEMENT AREA, FOR REFERENCE A 5/8 INCH IRON ROD FOUND
MARKING THE NORTHEAST CORNER OF SAID LOT 3 BEARS: N 47° 35' 46" WFORA DISTANCE OF
337.63 FEET;
THENCE: S 47 ° 35' 46" E ALONG THE SOUTHWEST LINE OF GEORGE BUSH DRIVE, SAME BEING THE
NORTHEAST LINE OF SAID LOT 3, FOR A DISTANCE OF 20.00 FEET TO A POINT, FOR REFERENCE A
5/8 INCH IRON ROD FOUND MARKING AN ANGLE POINT IN SAID LINE BEARS: S 47° 35' 46" E FORA
DISTANCE OF 95.39 FEET (THIS LINE WAS USED FOR BEARING ORIENTATION HONORING THE PLAT
CALL BEARING OF WOLF PEN PLAZA, 3588/47);
THENCE: S 41° 31' 31" W THROUGH SAID LOT 3 AND ALONG THE SOUTHEAST LINE OF SAID
EASEMENT AREA FOR A DISTANCE OF 554.51 FEET TO A POINT ON THE COMMON LINE OF SAID
LOT 3 AND LOT 2, WOLF PEN PLAZA, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE
NORTHWEST LINE OF HOLLEMAN DRIVE MARKING THE COMMON CORNER OF SAID LOT 2 AND
LOT 3 BEARS: S 48° 25' 19" E FOR A DISTANCE OF 105.00 FEET;
THENCE: N 48 ° 25' 19"W ALONG THE COMMON LINE OF SAID LOT 2 AND LOT 3 FOR A DISTANCE
OF 20.00 FEET TO A POINT ON THE NORTHWEST LINE OF SAID EASEMENT AREA;
THENCE: N 41° 31' 31" E THROUGH SAID LOT 3 AND ALONG THE NORTHWEST LINE OF SAID
EASEMENT AREA FOR A DISTANCE OF 554.80 FEET TO THE POINT OF BEGINNING CONTAINING
0.2558 OF AN ACRE (11,093 SQUARE FEET) OF LAND, MORE OR LESS, AS SURVEYED ON THE
GROUND JUNE, 2002. SEE PLAT PREPARED AUGUST, 2002, FOR MORE DESCRIPTIVE INFORMATION.
BRAD KERR
REGISTERED PROFESSIONAL LAND SURVEYOR
R.P.L.S. NO. 4502
D:\WORK~vlAB\02-0929.MAB
Exhibit "A" page 2 of 2
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