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Home My WebLink About2024-4545 - Ordinance - 08/22/2024ORDINANCE NO. 2024-4545 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.103 ACRE PORTION OF THE RIGHT OF WAY FOR MIDTOWN DRIVE, BEING A PORTION OF A CALLED .730 ACRE TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF COLLEGE STATION, TEXAS, ACCORDING TO THE DEED RECORDED IN VOLUME 14147, PAGE 149, 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 0.103 acre portion of the right-of-way for Midtown Drive, being a portion of a called .730 acre tract of land described in a deed to the City of College Station, Texas recorded in Volume 14147, Page 149, of the Official Public Records of Brazos County, Texas, as described in Exhibit "A", attached hereto (such portion hereinafter referred to as the "Right -of -Way"); and WHEREAS, in order for the Right -of -Way 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 Right -of -Way described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Right -of -Way will not result in property that does not have access to public roadways or utilities. 2. Other than as set forth herein, there is no public need or use for the Right - of -Way. 3. Except as provided for in this ordinance, there is no anticipated future public need or use for the Right -of -Way. 4. Abandonment of the Right -of -Way will not impact access for all public utilities to serve current and future customers. 5. Utility infrastructure exists within the Right -of -Way and the City has a continuing need for said public utilities to remain; and said uses are expressly not abandoned herein. ORDINANCE NO. 2024-4545 Page 2 of 2 PART 2: That the Right -of -Way as described in Exhibit "A" be abandoned and vacated by the City, only upon the following condition: 1. The City shall retain a blanket public utility easement over the entire .103 acre portion described in Exhibit "A" that shall survive this abandonment. PASSED, ADOPTED and APPROVED this 22"d day of August, 2024. ATTEST: APP 4mYk City Secretary M APPROVED: City Xttorney or VED:va p Ordinance Form 8-14-17 Exhibit "A" 1/2 INCH IRON ROD WITH ORANGE PLASTIC CAP STAMPED 'HP MAYO RPLS 5045' FOUND (CM) i N/F BRIAN HOWARD PERRY PORTION OF CALLED 25.79 ACRE TRACT 10459/34 OPRBCT N/F BRIAN HOWARD PERRY PORTION OF CALLED 25.79 ACRE TRACT 10459/34 OPRBCT 1/2 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED 'KERR 4502' FOUND(CM)BEARS 5 66°46'41" W 134.22' CITY OF COLLEGE STATION, TEXAS CALLED 0.730 ACRES 14147/149 OPRBCT 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 NA083 (NA2011) EPOCH 2010 MULTI -YEAR CORS SOLUTION 2 (MYCS2). DISTANCES SHOWN HEREON ARE SURFACE DISTANCES UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCES (NOT AREAS) MULTIPLY BY A COMBINED SCALE FACTOR OF 0.999898305 (CALCULATED USING GEOIDI2B). (CM) INDICATES CONTROLLING MONUMENT FOUND AND USED TO ESTABLISH PROPERTY BOUNDARIES. PROPERTY CORNERS ARE 1/2 INCH IRON ROD WITH BLUE PLASTIC CAP STAMPED 'KERR SURVEYING' UNLESS OTHERWISE NOTED. THIS SURVEY PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT. EASEMENTS AND OTHER MATTERS MAY APPLY. UNDERGROUND UTILITIES ARE APPROXIMATED BASED ON ABOVE GROUND FEATURES, AVAILABLE MAPS AND MARKINGS BY UTILITY PROVIDERS. ADDITIONAL UTILITIES MAY EXIST THAT ARE NOT SHOWN ON 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. 585°0719'W 234.28' POINT OFBEGINNING' 1/2 INCH IRON ROD WITH BLUE PLASTIC CAP STAMPED 'KERR SURVEYING' FOUND (CM) 1/2 INCH IRON ROD WITH ORANGE PLASTIC CAP STAMPED 'HP MAYO RPLS 5045' FOUND (CM) UE 9E . ON85°0719"E 163.17 5 85°07'19" W 199.36_ 10' PUBLIC UTILITY EASEMENT (15575/72 OPRBCT) 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 APPROXIMATE LOCATION OF SANITARY SEWER LINE S5 APPROXIMATE LOCATION OF WATER LINE W APPROXIMATE LOCATION OF BURIED ELECTRICAL LINE UE N WATER VALVE -- WATER METER ss SANITARY SEWER MANHOLE ® STORM SEWER MANHOLE LIGHT POLE/STANDARD ❑ TRANSFORMER • FIBER OPTIC MARKER CONCRETE UE 1/2 INCH IRON ROD WITH YELLOW PLASTIC — CAP STAMPED 'KERR 4502' FOUND (CM) UE UE ----------C2 0.103 ACRES (4,476 SQ. FT.) PROPERTY CORNER FALLS IN U0 OF SANITARY SEWER MANHOLE SCALE: 1" = 60' LOT 1, BLOCK 35 MIDTOWN CITY CENTER SUBDIVISION PHASE 601 (15575/72 OPRBCT) ELECTRICAL MANHOLE 'X' SET IN CONCRETE SIDEWALK COMMON AREA 21 MIDTOWN CITY CENTER SUBDIVISION PHASE 601 (15575/72 OPRBCT) CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH Cl 625.00' 193.90' 17°46'32" 5 85°59'25" E 193.13' C2 613.00' 189.48' 17°42'36" N 86°01'23" W 188.72' SURVEYOR'S CERTIFICATE: I, NATHAN PAUL KERR, R.P.L.S. NO. 6834, DO HEREBY CERTIFY THAT THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS MANUAL OF PRACTICE REQUIREMENTS FOR A CATEGORY 1B, CONDITIO , 5 ANDARD ND SUR1f,' .OE ON THE GRDUN'L DE YSUPER N HAN PAU KERR REGISTERE' 'ROFESSIONAL LAND SUR YOR NO. 6834 31z-2 ?+�3 LINE BEARING DISTANCE L1 5 16°14'39" W 12.02' L2 N 66°46'41" E 38.13' TSPS STANDARD LAND SURVEY PLAT OF A 0.103 ACRE TRACT OUT OF A CALLED 0.730 ACRE TRACT RECORDED IN VOLUME 14147, PAGE 149 OPRBCT THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT 9 COLLEGE STATION, BRAZOS COUNTY, TEXAS "When one person stands to gain aver another, the facts must be uncovered" SCALE:1 INCH = 60 FEET SURVEY DATE: 03-21-2023 1 PLAT DATE: 03-22-2023 JOB NUMBER: 23-071 1 CAD NAME: 23-071-ROW POINT FILE: BIRDEST-GRID (cunt); 23-071A (job) DRAWN BY: WJB CHECKED BY: NPK PREPARED BY: KERR SURVEYING, LLC TBPELS FIRM#10018500 409 N. TEXAS AVENUE, BRYAN, TEXAS 77803 PHONE: (979) 268-3195 SURVEYS@aKERRSURVEYING.NETIKERRLANDSURVEYING.COM Exhibit "A" FIELD NOTES DESCRIPTION OF A 0.103 ACRE TRACT THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT 9 COLLEGE STATION, BRAZOS COUNTY, TEXAS A FIELD NOTES DESCRIPTION OF 0.103 ACRES IN THE THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT 9, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING A PORTION OF A CALLED 0.730 ACRE TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF COLLEGE STATION, TEXAS RECORDED IN VOLUME 14147, PAGE 149 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (OPRBCT); SAID 0.103 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod with blue plastic cap stamped 'KERR SURVEYING' found on the south line of Midtown Drive (right-of-way width varies, 13673/237, 13938/227 G 14147/149 OPRBCT), at the northwest corner of said 0.730 acre tract, same being the southwest corner of a called 5.903 acre tract of land described in a deed to the City of College Station recorded in Volume 13938, Page 227 (OPRBCT) and the southeast corner of a called 1.002 acre right-of-way tract described in a dedication deed to the City of College Station recorded in Volume 13673, Page 237 (OPRBCT), from which the City of College Station monument CS94-130 bears N 51° 38' 00" W, a distance of 3,952.62 feet; THENCE, with the common line of said 0.730 acre tract and said 5.903 acre tract, N 85° 07' 19" E, for a distance of 163.17 feet to a 1/2 inch iron rod set (all 1/2 inch iron rods set with a blue plastic cap stamped "KERR SURVEYING") for a paint of curvature, from which a 1/2 inch iron rod with orange plastic cap stamped 'HP MAYO RPLS 5045' found on the north line of said 1.002 acre right-of-way tract bears N 04° 52' 41" W, a distance of 100.00 feet and from said iron rod found another 1/2 inch iron rod with orange plastic cap stamped 'HP MAYO RPLS 5045' found in said north line bears S 85° 07' 19" W, a distance of 234.28 feet; THENCE, continuing with said common line, with a curve to the right, having a radius of 625.00 feet, an arc length of 193.90 feet, a delta angle of 17° 46' 32", and a chord which bears 5 85° 59' 25" E, a distance of 193.13 feet to an 'X' set ion concrete for the northeast corner hereof; THENCE, severing said 0.730 acre tract, 516° 14' 39" W, for a distance of 12.02 feet to a point in a sanitary sewer manhole lid on the south line of said 0.730 acre tract, at the north common corner of Lot 1, Block 3 and Common Area 21 of Midtown City Center Subdivision Phase 601 filed in Volume 15575, Page 72 (OPRBCT) and the southeast corner hereof; Wage 23-071A.docx THENCE, with the common line of said 0.730 acre tract and said Lot 1, with a curve to the left, having a radius of 613.00 feet, an arc length of 189.48 feet, a delta angle of 17° 42' 36", and a chord which bears N 86° 01' 23" W, a distance of 188.72 feet to a 1/2 inch iron rod with yellow plastic cap stamped 'KERR 4502' found at the end of said curve; THENCE, continuing with said common line, 5 85° 07' 19" W, far a distance of 199.36 feet to a 1/2 inch iron rod set in the southeast line of a portion of the remainder of a called 25.79 acre tract of land described in a deed to Brian Howard Perry recorded in Volume 10459, Page 34 (OPRBCT), at the southwest corner of said 0.730 acre tract and the northwest corner of said Lot 1, from which a 1/2 inch iron rod with yellow plastic cap stamped 'KERR 4502' found at the southwest corner of said Lot 1 bears S 66° 46' 41" W, a distance of 134.22 feet; THENCE, with the common line of said 0.730 acre tract and said Perry tract, N 66° 46' 41" E, for a distance of 38.13 feet to the POINT OF BEGINNING hereof and containing 0.103 acres, more or less. Surveyed on the ground March 2023 under my supervision. See plat prepared March 2023 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 CORS Solution 2 (MYCS2). Distances described herein are surface distances. To obtain grid distances (not grid areas) multiply by a combined scale factor of 0.999898305 (calculated using GEOID12B). Reference drawing: 23-071-ROW. 3/22/23 Nathan Pau err Register- Professional Land Surveyor No. 6834 KERR SURVEYING Kerr Surveying, LLC 1409 N. Texas Ave. Bryan, TX 77803 Office: (979) 268-31951 Web: www.kerrlandsurveying.com Surveys(a(kerrsurveying.net 1 TBPELS Firm No. 10018500 2IPage 23-071A.docx