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HomeMy WebLinkAbout2024-4544 - Ordinance - 08/22/2024ORDINANCE NO. 2024-4544 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.034 ACRE PORTION OF PUBLIC UTILITY EASEMENT LOCATED IN LOT 1R-4, BLOCK 7 OF THE MIDTOWN RESERVE SUBDIVISION PHASE 106, ACCORDING TO THE REPLAT RECORDED IN VOLUME 19243, PAGE 165 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 0.034 acre portion of a Public Utility Easement located in Lot 1R-4, Block 7 of the Midtown Reserve subdivision Phase 106, according to the replat recorded in Volume 19243, Page 165 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 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 22" day of August, 2024. ATTEST: City Secretal`y Mayor APPROVED: City 1torney GENERAL NOTES BEARING SYSTEM SHOWN HEREIN IS NAD83 (TEXAS STATE PLANE CENTRAL ZONE GRID NORTH) BASED ON THE PUBLISHED COORDINATES OF THE CITY OF COLLEGE STATION CONTROL MONUMENT C594-130 (N:10200590.80, E:3569863.02) AND AS ESTABLISHED BY GPS OBSERVATION. DISTANCES SHOWN HEREIN ARE SURFACE DISTANCES. TO DETERMINE GRID DISTANCES MULTIPLY BY A COMBINED SCALE FACTOR OF 0.999898305 (CALCULATED USING GEOID128). (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 PORTION OF EASEMENT ONLY. ADDITIONAL IMPROVEMENTS MAY EXIST AND WERE NOT LOCATED AT THE TIME OF THIS SURVEY. THIS EXHIBIT WAS PREPARED IN CONJUNCTION WITH A FIELD NOTES DESCRIPTION (METES AND BOUNDS). THE PLAT AND FIELD NOTES ARE INTENDED TO BE ONE INSTRUMENT TOGETHER. 1 1 1 1 10' PUE 1 (15518/139) 12 INCH IRON ROD FOUND (CM) WITH BLUE i r PLASTIC CAP STAMPED "KERR SURVEYING" I PARKLAND B 1 2.182 ACRES (15518/139 OPRBCT) \\ MIDTOWN RESERVE \\ SUBDIVIS/ONPHASE100 \\ (15518/139 OPRBCT) REVISED 7-18-2024 TO ADO "NO." AND UPDATE LOTS PER REPLAT 10' PUE LEGEND: Exhibit A DRBCT = DEED RECORDS OF BRAZOS COUNTY, TEXAS ORBCT = OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS LOT 1R-1 BLOCK 7 (19243/165 OPRBCT) OPRBCT = OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS LOT 1 R-2 123/456 = VOLUME AND PAGE FROM BLOCK 7 PUBLIC COUNTY RECORDS 1 (19243/165 OPRBCT) NIF = NOW OR FORMERLY () = RECORD INFORMATION PUE = PUBLIC UTILITY EASEMENT ROW = RIGHT OF WAY MIDTOWN RESERVE SUBD/VISIONPHASE106 (19243/165 OPRBCT) (17906/123) PORTION OF 15' WIDE PUE 0.034 ACRE (1,488 SQ. FT.) 1 N 8Z 13'S2" E 9.74;��. LOT 1R-3 BLOCK 7 (19243/165 OPRBCT) 10' PUE (17906/123) 1 1 1 LOT1R-4 BLOCK7 (19243/165 OPRBCT) (19243/165 OPRBCT) in S 82°13'S2_W 10080' POINT OF BEGINNING \", 5 82°13'52" W \ 10.25' \ MIDTOWN RESERVE \ SUBD/V/S/ONPHASE106 \\ (17906/123 OPRBCT) SURVEY EXHIBIT OF A PORTION OF A 15' WIDE PUBLIC UTILITY EASEMENT 0.034 ACRE (1,488 SQ. FT.) OVER, ACROSS, AND UPON LOT 1R-4, BLOCK 7 MIDTOWN RESERVE SUBDIVISION PHASE 106 VOLUME 19243, PAGE 165 OPRBCT THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT NO. 9 COLLEGE STATION, BRAZOS COUNTY, TEXAS �`SUR E INfi "When one person stands to gain over another, the facts must be uncovered" SCALE:1 INCH = 30 FEET SURVEY DATE: 05-09-2024 I PLAT DATE: 05-29-2024 JOB NUMBER: 24-6011 CAD NAME: 24-601-5 Esmt POINT FILE: BIRDEST-GRID (coot); 24-003 (job) DRAWN BY: TJF CHECKED BY: MK PREPARED BY: KERR SURVEYING, LLC TBPELS FIRM#10018500 1718 BRIARCREST DRIVE, BRYAN, TEXAS 77802 PHONE: (979) 268-3195 SURVEYSa@KERRSURVEYING.NETIKERRLANDSURVEYING.COM 5' PUE (17906/123) N 82°13'52" E 10.00' LOT 1 BLOCK7 (17906/123 OPRBCT) LOT 2 BLOCK 7 (17906/123 OPRBCT) MICHAEL KONETSKI REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6531 SCALE:1" = 30' RADIUS=337.50' ARC DIST=15.00' DELTA=2°32'50" TANGENT=7.50' CHORD=S 06°29'43" E 15.00' 1/2 INCH IRON ROD FOUND (CM) WITH BLUE PLASTIC CAP STAMPED "KERR SURVEYING" t. '`p6,5FRF..xtp ..„ MICHAEL KONETSKI .... ... .... 6531.....v/ ... liv°.'s'uR; 10' PUE (17906/123) KERR 'SURVEYING Exhibit A FIELD NOTES DESCRIPTION OF A PORTION OF A 15' WIDE PUBLIC UTILITY EASEMENT THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT NO. 9 COLLEGE STATION, BRAZOS COUNTY, TEXAS A FIELD NOTES DESCRIPTION OF A 0.034 ACRE PORTION OF 15' WIDE PUBLIC UTILITY EASEMENT IN THE THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT NO. 9, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING A PORTION OF A 15' WIDE PUBLIC UTILITY EASEMENT OVER, ACROSS, AND UPON LOT 1R-4, BLOCK 7, DEPICTED ON THE PLAT OF MIDTOWN RESERVE SUBDIVISION PHASE 106 FILED IN VOLUME 19243, PAGE 165 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (OPRBCT); SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the north line of Lot 1, Block 7 of said Phase 106 and on the south line of said Lot 1R-4, Block 7 from which a 1/2 inch iron rod found marking the west common corner of said Lot 1 and Lot 1R-4 bears 5 82° 13' 52" W a distance of 10.25 feet; also from said Point of Beginning the City of College Station GPS monument CS94-130 bears N 73° 25' 51" W a distance of 6,456.60 feet; THENCE, over, across, and upon said Lot 1R-4, Block 7 for the following three (3) courses and distances: 1) N 04° 58' 37" E a distance of 15.38 feet to a point in said lot being an interior corner of said public utility easement; 2) N 82° 13' 52" E with a north line of said public utility easement, 97.74 feet to an interior corner of said public utility easement; 3) With a non -tangent curve to the left, having a radius of 337.50 feet, an arc length of 15.00 feet, a delta angle of 02° 32' 50", and a chord which bears 5 06° 29' 43" E a distance of 15.00 feet to a point on said common line from which a 1/2 inch iron rod found on the west right-of-way of Lady Bird Lane (55 foot right-of-way, 17906/123 OPRBCT) marking the east common corner of said Lot 1 and 1R-4 bears N 82° 13' 52" E a distance of 10.00 feet; Wage 24-601R MBs Esmt.docx (file name) THENCE, with said common line, 5 82° 13' 52" W a distance of 100.80 feet to the POINT OF BEGINNING hereof and containing 0.034 acre (1,488 sq. ft.), more or less. Surveyed on the ground May 2024 under my supervision. See exhibit prepared May 2024 revised July 2024 for other information. The bearing basis for this survey is NAD83 (Texas State Plane Central Zone Grid North) based on the published coordinates of the City of College Station control monument C594-130 (N:10200590.80, E:3569863.02) and as established by GPS observation. Distances shown herein are surface distances. To determine grid distances multiply by a combined scale factor of 0.999898305 (calculated using Geoid12B). Reference drawing: 24-601-5 Esmt.dwg. 7/18/24 Michael Konetski Registered Professional Land Surveyor No. 6531 Revised 7-18-2024 to add missing corner reference bearing and distance. KERR SURVEYING Kerr Surveying, LLC 11718 Briarcrest Dr. Bryan, TX 77802 Office: (979) 268-3195 I Web: www.kerrlandsurveying.com SurveysRkerrsurveying.net I TBPELS Firm No.10018500 Wage 24-601R MBs Esmt.docx (file name)