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HomeMy WebLinkAbout2024-4523 - Ordinance - 06/13/2024ORDINANCE NO. 2024-4523 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 1,788 SQUARE FOOT PORTION OF A 20-FOOT WIDE PUBLIC UTILITY EASEMENT, SAID PORTION LYING OVER, ACROSS AND UPON LOT 35, BLOCK 4, OF WILLIAMS CREEK LAKE ESTATES SUBDIVISION PHASE 4, ACCORDING TO THE PLAT RECORDED IN VOLUME 17508, PAGE 181 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 1,788 square foot portion of a 20-foot wide public utility easement, said portion lying over, across and upon Lot 35, Block 4, of Williams Creek Lake Estates Subdivision Phase 4, according to the plat recorded in Volume 17508, Page 181, of the Official Public 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 1: 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 of this ordinance for all purposes. 1. 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. PART 2: That the Public Utility Easement as described in Exhibit "A" be abandoned and vacated by the City. PASSED, ADOPTED and APPROVED this 13th day of June, 2024. ATTE2FD: City Secre ary V Mayor APPROVED: City Attorney Exhibit A FIELD NOTES DESCRIPTION OF A PORTION OF A 20' WIDE PUBLIC UTILITY EASEMENT TO BE ABANDONED THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT 9 COLLEGE STATION, BRAZOS COUNTY, TEXAS A FIELD NOTES DESCRIPTION OF A PORTION OF A 20' WIDE PUBLIC UTILITY EASEMENT IN THE THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT 9, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING OVER, ACROSS AND UPON LOT 35, BLOCK 4 OF WILLIAMS CREEK LAKE ESTATES SUBDIVISION, PHASE 4, PLAT FILED IN VOLUME 17508, PAGE 181 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (OPRBCT); SAID PORTION OF A 20' WIDE PUBLIC UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 inch iron rod with a blue plastic cap stamped "KERR SURVEYING" found in the southwest line of Williams Creek Drive (100' wide right-of-way, 17508/181 OPRBCT) and being the east corner of Lot 36, Block 4, of said Williams Creek Lake Estates Subdivision and also being the north corner of said Lot 35; THENCE, with the common line of said Lot 35 and said Lot 36, 5 41° 41' 47" W, for a distance of 35.00 feet to the POINT OF BEGINNING hereof; THENCE, across said Lot 35 for the following two (3) courses and distances: 1) 5 47° 39' 36" E, for a distance of 10.00 feet to a point for corner, from which the City of College Station Monument C594-257 bears 5 57° 37' 41" E, a distance of 8,953.74 feet; 2) 5 41° 41' 47" W, for a distance of 178.70 feet to a point for corner; 3) N 48° 19' 35" W, for a distance of 10.00 feet to a point for corner on the common line of said Lot 36 and said Lot 35, from which a 1/2 inch iron rod with a blue plastic cap stamped "KERR SURVEYING" found on the northeast line of Lot 34, Block 4 of Williams Creek Lake Estates, Phase 2A, plat filed in Volume 17169, Page 115 (OPRBCT), for the south corner of said Lot 36 and the west corner of said Lot 35 bears 5 41° 41' 47" W, a distance of 10.00 feet; THENCE, with the common line of said Lot 36 and said Lot 35, N 41° 41' 47" E, for a distance of 178.82 feet to the POINT OF BEGINNING hereof and containing 1,788 square feet, more or less. Surveyed on the ground February 2024 under my supervision. See plat prepared February 2024 for other information. The bearing basis for this survey is based on the Texas State Plane Coordinate System of 1983 (NAD83), Central Zone, Grid North as established from GPS observation using the Leica Smartnet NAD83 (NA2011) Epoch 2010 Multi -year C0R5 Solution 2 (MYC52). Distances described herein are grid distances. To obtain surface distances (not surface areas) multiply by a combined scale factor of 1.00009502113816 (calculated using GEOID12B). Reference drawing: 24-115-EXHIBIT. REVISED 03/21/24: Corrected Val/Pg of adjoiners. 3/21/24 Michael Konetski Registered Professional Land Surveyor No. 6531 9F T�_ MICHAEL KONETSKI 4P 6531 y''OF ss+° 0, KERR SURVEYING Kerr Surveying, LLC 1409 N. Texas Ave. Bryan, TX 77803 Office: (979) 268-31951 Web: www.kerrlandsurveying.com Surveys5kerrsurveying.net I TBPELS Firm No.10018500 11Page 24-115 M&B.docx GENERAL NOTES BEARING SYSTEM SHOWN HEREON IS BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE (4203), GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION USING THE LEICA SMARTNET NAD83 (NA2011) EPOCH 2010 MULTI -YEAR (ORS SOLUTION 2 (MYC52). DISTANCES SHOWN HEREON ARE GRID DISTANCES UNLESS OTHERWISE NOTED. AREAS SHOWN AS "MEASURED" HEREON ARE CALCULATED FROM GRID DISTANCES. TO OBTAIN SURFACE DISTANCES (NOT SURFACE AREAS) MULTIPLY BY A COMBINED SCALE FACTOR OF 1.00009502113816 (CALCULATED USING GEOID12B). (CM) INDICATES CONTROLLING MONUMENT FOUND AND USED TO ESTABLISH PROPERTY BOUNDARIES. THIS SURVEY PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT. EASEMENTS AND OTHER MATTERS MAY APPLY. THIS SURVEY REFLECTS THE BOUNDARY OF THE PROPERTY ONLY. ADDITIONAL IMPROVEMENTS MAY EXIST AND WERE NOT LOCATED AT THE TIME OF THIS SURVEY. THIS PLAT WAS PREPARED IN CONJUNCTION WITH A FIELD NOTES DESCRIPTION (METES AND BOUNDS). THE PLAT AND FIELD NOTES ARE INTENDED TO BE ONE INSTRUMENT TOGETHER. LEGEND: OPRBCT = OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS 123/456 = VOLUME AND PAGE FROM PUBLIC COUNTY RECORDS N/F = NOW OR FORMERLY ()= RECORD INFORMATION W000 FENCE \ METAL OR PIPE FENCE 1/2 INCH IRON ROD WITH BLUE PLASTIC CAP STAMPED "KERR SURVEYING" FOUND (CM) N/F MAGRUDER HOMES, LP (18902/87, OPRBCT) LOT 34, BLOCK 4 WILLIAMS CREEK LAKE ESTATES, PHASE 2A (17169/115 OPRBCT) POINT OF COMMENCEMENT • 1/2 INCH IRON ROD WITH BLUE PLASTIC CAP N/F STAMPED "KERR SURVEYING" FOUND (CM) / ARNOLD VEDLITZ AND KAREN THOMASON / (17588/234 OPRBCT) / LOT 36, BLOCK 4 WILLIAMS CREEK LAKE ESTATES SUBDIVISION, PHASE 4 (17508/181 OPRBCT) PORTION OF 20' WIDE PUBLIC UTILITY EASEMENT (-1,788 SQUARE FEET) / (91 ///ece / 1 / 20' PUBLIC UTILITY EASEMENT (17508/181 OPRBCT) 5 41°41'47" W 35.00' / POINT OF BEGINNING / 10' PUBLIC UTILITY EASEMENT (17508/181 OPRBCT) / N/F HUSSEIN A. HUSSEIN AND ASMITA HUSSEIN (18336/167 OPRBCT) LOT 35, BLOCK 4 WILLIAMS CREEK LAKE ESTATES SUBDIVISION, PHASE 4 (17508/181 OPRBCT) REVISED 02/12/2024 ADDED OWNERSHIP INFORMATION. ADDED CITY OF COLLEGE STATION MONUMENT TIE. REVISED 03/21/2024 CORRECTED VOL/PG OF ADJOINERS LINE BEARING DISTANCE L1 5 47°39'36" E 10.00' L2 N 48°19'35" W 10.00' L3 5 41°41'47" W 10.00' o°°' <9/ s/q�S r9 SCALE:1" = 30' 15' PUBLIC UTILITY EASEMENT (17508/181 OPRBCT) SURVEYOR'S CERTIFICATE: I, MICHAEL KONETSKI, R.P.L.S. NO. 6531, DO HEREBY CERTIFY THAT THIS SURVEY SUBSTANTIALLY COMPLIES -WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS MANUAL OF PRACTICE REQUIREMENTS FOR A CATEGORY 1B, CONDITION 3, STANDARD LAND SURVEY AS MADE ON THE GROUND UNDER MY SUPERVISION. MICHAEL KONET5KI REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6531 TSPS STANDARD LAND SURVEY PLAT OF A PORTION OF A 20' WIDE PUBLIC UTILITY EASEMENT TO BE ABANDONED ACROSS LOT 35, BLOCK 4 WILLIAMS CREEK LAKE ESTATES SUBDIVISION, PHASE 4 VOLUME 17508, PAGE 181 OPRBCT THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT 9 COLLEGE STATION, BRAZOS COUNTY, TEXAS "When one person stands to gain over another, the facts must be uncovered" SCALE: 1 INCH = 30 FEET SURVEY DATE: 02-02-20241PLAT DATE: 02-08-2024 JOB NUMBER: 24-1151 CAD NAME: 24-118-EXHIBIT POINT FILE: WILLIAMS CREEK LAKE DRAWN BY: MS CHECKED BY: MK PREPARED BY: KERR SURVEYING, LLC TBPELS FIRM#10018500 409 N. TEXAS AVENUE, BRYAN, TEXAS 77803 PHONE: (979) 268-3195 SURVEYSIaKERRSURVEYING.NETIKERRLANDSURVEYING.COM