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HomeMy WebLinkAbout2007-2965 - Ordinance - 03/08/2007 ,- ORDINANCE NO. 2965 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 9,96 SQUARE FOOT PORTION OF THE FIVE (5) FOOT WIDTH PUBLIC UTILITY EASEMENT, SAID PORTION LYING IN LOTS I, 2, AND 3, BLOCK 22, OF THE W. C. BOYETT ESTATE PARTITION ACCORDING TO THE PLAT RECORDED IN VOLUME 100, PAGE 440 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND ACCORDING TO THE EASEMENT FOR PUBLIC UTILITIES AS DESCRIBED IN VOLUME 128, PAGE 412 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a portion of the Five (5) Foot Width Public Utility Easement, said portion lying along Lots 1,2, and 3, Block 22, of the W.C. Boyett Estate Partition, according to the plat recorded in Volume 100, Page 440, of the Official Records of Brazos County, Texas, and according to the easement for public utilities as described in Volume 128, Page 412 of the Official Records of Brazos County, Texas as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the "Public Utility Easement"); and WHEREAS, in order for the Public Utility Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART I: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Public Utility Easement described in Exhibit "A" attached hereto and made a part ofthis ordinance for all purposes. I. Abandonment of the Public Utility Easement will not result in property that does not have access to public roadways or utilities. 2. There is no public need or use for the Public Utility Easement. 3. There is no anticipated future public need or use for the Public Utility Easement. 4. Abandonment of the Public Utility Easement will not impact access for all public utilities to serve current and future customers. U:\Ordinance 2007IMarch 2007\ORDINANCE NO. 2965.doc . ORDINANCE NO. 2965 Page 2 PART 2: That the Public Utility Easement as described III Exhibit "A" be abandoned and vacated by the City. PASSED, ADOPTED and APPROVED this 8th day of March, 2007. APPROVED: ~J~ RON SILV , Mayor ATTEST: APPROVED: ...-? "-"4:~~.lW~d'byAn el:--YM~;!b~<\ ~,c:;(-':'7-~r~uthe.~~~;th ~t9#~L-c~ City Attorney U:IOrdinance 2007\March 2007\ORDINANCE NO. 2965.doc . Ordinance No. 2965 METES AND BOUNDS DESCRIPTION OFA 996 SQUARE FOOT TRACT W. C. BOYETT ESTATE PARTITION 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 A PORTION OF LOTS 1,2 AND 3, BLOCK 22, W. C. BOYETT ESTATE PARTITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 100, PAGE 440 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING THAT PORTION OF A CALLED 5.00 FOOT WIDE EASEMENT FOR PUBLIC UTILITIES AS DESCRIBED IN VOLUME 128, PAGE 412 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEAST LINE OF COLLEGE MAIN MARKING THE SOUTH CORNER OF SAID LOT I AND THE WEST CORNER OF LOT 8, BLOCK 4, W. C. BOYETT ESTATE PARTITION; THENCE: N 440 14' 36"W ALONG THE NORTHEAST LINE OF COLLEGE MAIN FOR A DISTANCE OF 5.01 FEET TO A POINT ON THE NORTHWEST LINE OF SAID EASEMENT; THENCE: N 41 050' 56" E THROUGH SAID LOTS 1,2 AND 3, AND ALONG THE NORTHWEST LINE OF SAID EASEMENT FOR A DISTANCE OF 199.00 FEET TO A POINT ON THE COMMON LINE OF SAID LOT 3 AND LOT 4, BLOCK 22; THENCE: S 470 24' 50" E ALONG THE COMMON LINE OF SAID LOT 3 AND LOT 4 FOR A DISTANCE OF 5.00 FEET TO A POINT ON THE NORTHWEST LINE OF LOT 9, BLOCK 4, FOR REFERENCE A 3/8 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF SAID LOT 4 MARKING THE NORTH CORNER OF SAID LOT 9 BEARS: N 410 50' 56" E FOR A DISTANCE OF 26.40 FEET; THENCE: S 41050' 56" W ALONG THE COMMON LINE OF SAID LOTS 1,2 AND 3, AND SAID LOTS 8 AND 9, SAME BEING THE SOUTHEAST LINE OF SAID EASEMENT, AT 88.64 FEET PASS A 3/8 INCH IRON ROD FOUND MARKING THE COMMON CORNER OF SAID LOTS 8 AND 9, CONTINUE ON FOR A TOTAL DISTANCE OF 199.28 FEET TO THE POINT OF BEGINNING CONTAINING 996 SQUARE FEET OF LAND AS SURVEYED ON THE GROUND NOVEMBER, 2006. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:iWORKiMABi07-095.MAB . Ordinance No. 2965 \ ,,'0 ~-\<:(. 'v~ . .;;0 '\\' z o " '" ~~ " !!'~ zii? 8~ "''' W", II Z!!' ~~ ~~ i3i:' ~I~ Vili:~ ~~~ ~-"W -'" "'''' "''''' .... 0", -u 59 -'/Xl N N ....'" U >-0 0-' -,/Xl III N N ",,,, U >-g g/Xl u. ~ N N N~ ti9 -'/Xl t;i w '" ,- "'''' ~ >-- "" "'~ ~wo 'X~ zu~ 0 N n N II -'" U -c~ "" 59 -'/Xl w -' <l: U (jJ " '" <. OZ cro "'~ i;'~ ocr wo cr~ <~ u. wW ",> "~ " ~o:: z~ Ow 00 '" w ocr zo <~ '"cr Wo w~ > . ~ '"0 wo ,"0, III << X W >- ... z z ~w 0 ~ ~ -1~ f=o~ -lo> o...(f)Nf=vZ c.5~::; >-<.(NCt:"1'":::>j- z It) w <( Owl'- ~<~V> W ~D... U wo"", :c gr-.O\ >:>-u w U.J/f'g:~3V1;;; ~f-Ow~(j)goolo :=lq<(~ t.n:;J-l~o...o ~16~:! If)o...0~ I- (Df- N 1108'..0<7 ~t:J .~ >-:JLo...(/lci<(IP Cl::..ww,.Jza> c:t: W Ct: u~ ..wWo ~e:9';; <(UO 2m ~<(~~~.. 1Il'4....' 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