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Home My WebLink About2005-2820 - Ordinance - 08/08/2005 ORDINANCE NO. 2820 AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND ABANDONING A PORTION OF A TWENTY (20) FOOT WIDE SANITARY SEWER EASEMENT, WHICH CROSSES AND LIES WITHIN LOT 2, BLOCK 1, E&M JONES FARM 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 portion of a twenty (20) foot wide sanitary sewer easement, which crosses and lies within Lot 2, Block 1, E&M Jones Farm Place, in the City of College Station, said portion of the sanitary sewer easement being more particularly described on Exhibit "A" attached hereto; and WHEREAS on August 8, 2005, the City Council of the City of College Station, Texas, heard the application of Jim Stewart for the vacation and abandonment of the aforementioned portion of the twenty (20) foot wide sanitary sewer easement that crosses and lies within Lot 2, Block 1, E&M Jones Farm Place, as described in Volume 479, Page 780, 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 Jim Stewart to vacate and abandon a twenty (20) foot wide sanitary sewer easement, the City Council of the City of College Station, finds the following facts: 1. The location of a twenty (20) foot wide sanitary sewer easement crosses the applicant's property and inhibits its development. 2. The existing sanitary sewer main has been relocated to another public utility easement and there is no other infrastructure in this portion of the easement to be abandoned. 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: 3. 1. The fact that the location of the twenty (20) foot wide sanitary sewer 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. 2. jslc/my docslabandonlrevisedform ord.doc Ordinance No. 2820 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 portion of a twenty (20) foot wide strip of land previously dedicated as a sanitary sewer easement, which crosses and lies within Lot 2, Block 1, E&M Jones Farm Place, in the City of College Station, as described on Exhibit "A" attached hereto, be abandoned and vacated. PASSED, ADOPTED and APPROVED this 8th day of August, 2005. APPROVED: ~~~ ATIEST: ~ (l~ . CONNIE HOOKS, City Secretary APPROVED: City Attorney jslclmy docslabandonlrevisedform ord.doc Exhibit "A" Sheet 1 of 3 METES AND BOUNDS DESCRIPTION OF A 0.191 ACRE TRACf MORGAN RECfOR LEAGUE, A-46 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL TIIA T CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE MORGAN RECTOR LEAGUE, ABSTRACT NO. 46, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A CALLED 20.00 FOOT WIDE SEWER EASEMENT AS DESCRIBED IN VOLUME 479, PAGE 780 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID PORTION OF EASEMENT BEING LOCATED WITHIN A CALLED 7.011 ACRE TRACT DESCRIBED AS TRACT 1W0 BY A DEED TO W A TERWooD TOWNHOMES, L.P., RECORDED IN VOLUME 5157, PAGE 63 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENONG AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF WINDSOR POINTE, ACCORDING TO THE PLAT RECORDED IN VOLUME 2354, PAGE 257 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE NORTH CORNER OF LOT I, BLOCK I, E. & M. JONES FARM PLACE, ACCORDING TO THE PLAT RECORDED IN VOLUME 5190, PAGE 162 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, SAID IRON ROD FOUND MARKING THE WEST CORNER OF SAID 7.0 II ACRE TRACT; THENCE: N 4r 21' 14" E ALONG THE COMMON LINE OF SAID 7.0U ACRE TRACT AND WINDSOR POINTE FOR A DISTANCE OF 247.49 FEET TO A Y2 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF SAID 20.00 FOOT WIDE EASEMENT AND THE POINT OF BEGINNING OF TInS HEREIN DESCRIBED TRACT; THENCE: N 41 0 58' 42" E CONTINUING ALONG THE COMMON LINE OF SAID 7.0 II ACRE TRACT AND WINDSOR POINTE FOR A DISTANCE OF 20.00 FEET TO A POINT MARKING THE NORTHEAST CORNER OF SAID EASEMENT, FOR REFERENCE A Y2 INCH IRON ROD FOUND MARKING AN ANGLE POINT IN SAID COMMON LINE BEARS: N 41 0 58' 42" E FOR A DISTANCE OF 262.76 FEET; THENCE: S 470 35' 56" E THROUGH SAID 7.011 ACRE TRACT AND ALONG THE NORTHEAST LINE OF SAID EASEMENT FOR A DISTANCE OF 416.52 FEET TO A POINT MARKING THE SOUTHEAST CORNER OF TillS HEREIN DESCRIBED TRACT; THENCE: S 420 31' 50" W CONTINUING THROUGH SAID 7.011 ACRE TRACT AND THROUGH SAID EASEMENT FOR A DISTANCE OF 20.00 FEET TO A POINT ON THE SOUTHWEST LINE OF SAID EASEMENT MARKING THE SOUTHWEST CORNER OF TillS HEREIN DESCRIBED TRACT, FOR REFERENCE A 5/8 INCH IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID LOT I, BLOCK I, E. & M. JONES FARM PLACE, AND THE WEST CORNER OF A CALLED 3.00 ACRE TRACT AS DESCRIBED BY A DEED TO BEAUTIFUL SAVIOR EVANGELICAL LUTHERN CHURCH OF COLLEGE STATION RECORDED IN VOLUME 682, PAGE 775 OF THE OFFICIAL RECORDS OF- BRAZOS COUNTY, TEXAS, BEARS: S 47035' 56" E FORA DISTANCE OF 13.18 FEET; Exhibit "A" Sheet 2 of 3 THENCE: N 470 35' 56" W CONTINUING THROUGH SAID 7.011 ACRE TRACT AND ALONG THE SOUTHWEST LINE OF SAID EASEMENT FOR A DISTANCE OF 416.33 FEET TO THE POINT OF . BEGINNING CONTAINING 0.191 OF AN ACRE OF LAND. SEE PLAT PREPARED JULY 2004 FOR MORE DESCRIPTIVE INFORMA nON. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:\work\04-0492.mab I 4' / . ~.~~')~ ~'t f: . ~ \~~~'~ , c.:.~ . ,,' ~ ~<v C\ " &~ j' 0-;-' Q ~ " o't ~ QCJ \ri-~ ,j.'f- ~'r \ 0/ N + / 41"58'42" E 20.00/ / SCALE: 1" = 60' POINT OF BEGINNING 1/2 INCH IRON ROD FOUND .p~Q; , <tO~~ ¿j' Q;~'t Oq,~ .þ I'Æ- iJf " ~. ~~ "'&'" 'V ,,'f:' ,,~<ð" .. <f' f:J . ~'b ~~~ ";",, ",\-9' $I .~ /' ~O<t" ~ N/F WATERWOOD TOWN HOMES, loP, TRACT TWO, 7.011 ACRE TRACT 5157/63 / / m X :::T cr ;:+ ~ " (J) :::T CD CD r-+ v.> 0 ...... v.> PORTION OF . 20' SEWER EASEMENT 479/780 SEE METES AND BOUNDS PREPARED JULY, 2004-, FOR NORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREON IS BASED ON GRID NORTH ÞS ESTABUSHED FROM GPS OBSERVATION. N/F BEAUTIFUL SAVIOR EVANGEUCAL LUTHERN CHURCH OF COLLEGE STATION 3.00 ACRE TRACT 682/775 LAND BOUNDARY SURVEY PLAT OF A PORTION OF A 20' WIDE SEWER EASEMENT VOLUME 479, PAGE 780 COLLEGE STATION, BRAZOS COUNTY, SCALE: 1 INCH - 60 FEET PLAT DATE: 07-22-0" JOB ,NUMBER: 04-0492 CAD NAME: 04-0"92 CR5 FILE: 01-0522 PREPARED BY: KERR SURVEYING, LLC 505 CHURCH STREET, P,O. BOX 269 COU£GE STAnON, TEXAS 77841 PHONE (979) 268-319:1 S 4735'56" E - 13.18' TEXAS REMAINDER OF 20' SEWER EASEMENT 479/780 5/8 INCH IRON ROO FOUND ij ~I ~C LOT 1 BLOCK 1 E. &: M. JONES FARM 5190/162