HomeMy WebLinkAbout2007-3012 - Ordinance - 10/11/2007ORDINANCE NO. 3012
AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE,"
SECTION 4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE
CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT
BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW;
DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning
Map," of the Code of Ordinances of the City of College Station, Texas, be amended
as set out in Exhibit "A ", attached hereto and made a part of this ordinance for all
purposes.
PART 2: That any person, firm, or corporation violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not less than Twenty -five Dollars ($25.00) nor more than Two
Thousand Dollars ($2,000.00). Each day such violation shall continue or be
permitted to continue, shall be deemed a separate offense. Said Ordinance, being a
penal ordinance, becomes effective ten (10) days after its date of passage by the City
Council, as provided by Section 35 of the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this 11th day of October , 2007.
APPROVED:
MAYOR
ATTEST:
'City Secretary
APPROVED:
i
O /group /legal /ordinance /amendmentform. doe
ORDINANCE NO. 3012 Page 2
EXHIBIT "A"
That Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the
Code of Ordinances of the City of College Station, Texas, is hereby amended as follows:
The following property is rezoned from A -O, Agricultural Open to R -1, Single- Family
Residential:
BEING ALL THAT 202.648 ACRE PORTION OF THAT CERTAIN TRACT OR PARCEL OF
LAND LYING AND BEING SITUATED IN THE ROBERT STEVENSON LEAGUE,
ABSTRACT NO.54, COLLEGE STATION, BRAZOS COUNTY, TEXAS AND CALLED
202.648 ACRES AS DESCRIBED BY EXCHANGE DEED TO DIEBEL FAMILY
PARTNERS, LTD. RECORDED IN VOLUME 4027, PAGE 29 OF THE OFFICIAL
RECORDS OF BRAZOS COUNTY, TEXAS; SAID TRACT BEING A REMAINDER OF THE
CALLED AGGREGATE 300.00 ACRES DESCRIBED IN THE GIFT DEED FROM ESTHER
MCCULLOUCH (SIC) DANSBY AND HUSBAND MIT DANSBY TO ESTHER JANE
GRANT MCDOUGAL AS RECORDED IN VOLUME 555, PAGE 248 OF THE DEED
RECORDS OF BRAZOS COUNTY, TEXAS; SAID TRACT BEING COMPRISED ALSO OF
PARTS OF LOTS 1, 2, AND 3, AND ALL OF LOTS 6, 7, AND 8 OF THE BENJAMIN
GRAHAM SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 12,
PAGE 394 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, SAID TRACT
BEING FOUND BY ON- GROUND SURVEY TO BE 202.64 ACRES AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS SHOWN IN EXHIBIT "B"
AND SHOWN GRAPHICALLY IN EXHIBIT "D"
SAVE AND EXCEPT ALL THAT 14.52 ACRE PORTION OF THAT CERTAIN TRACT OR
PARCEL OF LAND LYING AND BEING SITUATED IN THE ROBERT STEVENSON
LEAGUE, ABSTRACT NO.54, COLLEGE STATION, BRAZOS COUNTY, TEXAS AND
CALLED 202.648 ACRES AS DESCRIBED BY EXCHANGE DEED TO DIEBEL FAMILY
PARTNERS, LTD. RECORDED IN VOLUME 4027, PAGE 29 OF THE OFFICIAL
RECORDS OF BRAZOS COUNTY, TEXAS; SAID TRACT BEING A REMAINDER OF THE
CALLED AGGREGATE 300.00 ACRES DESCRIBED IN THE GIFT DEED FROM ESTHER
MCCULLOUCH (SIC) DANSBY AND HUSBAND MIT DANSBY TO ESTHER JANE
GRANT MCDOUGAL AS RECORDED IN VOLUME 555, PAGE 248 OF THE DEED
RECORDS OF BRAZOS COUNTY, TEXAS; SAID TRACT BEING COMPRISED ALSO OF
PARTS OF LOTS 1, 2, AND 3, AND ALL OF LOTS 6, 7, AND 8 OF THE BENJAMIN
GRAHAM SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 12,
PAGE 394 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, SAID TRACT
BEING FOUND BY ON- GROUND SURVEY TO BE 202.64 ACRES AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS SHOWN IN EXHIBIT "C"
AND SHOWN GRAPHICALLY IN EXHIBIT "D"
ORDINANCE NO. 3012 Page 3
AND SAVE AND EXCEPT ALL THAT APPROXIMATE 2.5 ACRES DESCRIBED AS
THAT PORTION OF THE ABOVE - DESCRIBED 202.648 ACRES THAT IS WITHIN A 130
FOOT RADIUS OF THE COMPRESSOR STATION LOCATED ON GREENS PRAIRIE
ROAD, AND GRAPHICALLY SHOWN IN EXHIBIT "D ", UNTIL SUCH TIME THAT THE
COMPRESSOR STATION IS DETERMINED BY THE CITY OF COLLEGE STATION TO
BE NO LONGER ACTIVE AND DISMANTLED.
ORDINANCE NO. 3012
EXHIBIT "B"
METES AND BOUNDS
OF A
202.64 ACRE TRACT
ROBERT STEVENSON LEAGUE, A -54
COLLEGE STATION, BRAZOS COUNTY, TEXAS
Metes and Bounds description of all that certain tract or parcel of land lying and being
situated in the Robert Stevenson League, Abstract No. 54, College Station, Brazos
County, Texas and called 202.648 acres as described by exchange deed to Diebel Family
Partners, Ltd. Recorded in VOLUME 4027. PAGE 29 of the Official Records of Brazos
County, Texas; said tract being a remainder of the called aggregate 300.00 acres
described in the gift deed from Ejsther McCullouch (SIC) Dansby and husband Mit
Danshy to Esther Jane Grant McDougal as recorded in VOLUME 555, PAGE 248 of the
Deed Records of Brazos County, Texas; said tract being comprised also of parts of Lots
1, 2 and 3, and all of Lots 6, 7 and 8 of the Benjamin Graham Subdivision, according to
the plat recorded in VOLUME 12, PAGE 394 of the Deed Records of Brazos County,
Texas, said tract being found by on- ground survey to be 202.64 acres;
Said 202.64 acre tract being more particularly described as follows:
COMMENCING. at a %" iron rod found in the northeasterly boundary line of this tract,
a plastic capped %- iron rod (stamped Carlomagno, RPLS # 1562) found at an 8" fence
corner post bears N 45° 17' 09" W -- 22.94 feet for the southwesterly corner of Section 6
of Castlegate Subdivision as depicted by plat recorded in VOLUME, 7213 PAGE 40 of
the said Official Records; said Point being within the right -of -way of Greens Prairie
Road, a variable width prescriptive public right -of -way;
THENCE S 48 03' 40" E -- 14.30 feet along the said northeasterly line of this tract to a
point in the pavement of Greens Prairie Road, for the cast corner of this tract and being
the POINT OF BEGINNING; said point also being the apparent east corner of said Lot
8 of Benjamin Graliam Subdivision;
THENCE S 41 56' P9" W 2,090.80 feet along the southeast line of this tract, being
also the southeast line of the said Benjamin Graham Subdivision, to a point in the
pavement of said Greens Prairie Road for the southwest corner of this tract; said point
being the southeast corner of a 38.367 acre tract called Phase 1 of Sweetwater Forest
Subdivision as depicted by plat and recorded in VOLUME 4267 PAGE 259 of the said
Official Records;
Page 4
THENCE: upstream along the centerline of an unnamed tributary of Peach Creek for the
easterly houndary line of said Sweetwater Forest Subdivision, and across said Lot 1 of
the Benjamin Graham Subdivision for the following twenty -six (26) calls:
ORDINANCE NO. 3012
9
N 48 2l' 09" W -- 158.05 to a point for corner;
N 56 19' 49" E -- 85.94 feet to a point for corner;
N 24° 48' 53" W � 49.81 feet to a point for corner;
N 67° 0V 46" W -- 65.96 feet to an angle point;
S 50 32' 25" W — 60.05 leet to a point for corner;
N 52 33' 01" W •- 90.43 1'eet to a point for corner;
N 31 ° 31' 00" E -- 78.55 feet to an angle point;
N 52 41' 45" E — 53.92 feet to a point f'or corner;
N 04 33' 46" W — 27.74 feet to a point for corner;
N 64 22' 35" W — 58.62 feet to a. point for corner;
S 64 50' 10" W -- 89.4 I feet to a point for corner;
N 59 39' 33" W -- 92.34 feet to a point for corner;
S 72 09' 01" W — 54.75 feet to a point for corner;
N 56 06' 26" W — 85.10 feet to a point for corner;
S 33 33' 04" W — 54.03 feet to a point for corner;
N 88 06' 49" W — 84.93 feet to a point for corner;
N 58° 52' 50" W — 1:35.41 feet to a point for corner;
S 66 38' 21" W — 76.07 feet to a point for corner;
N 34 47' 57" W — 50.12 feet to a point for corner;
N 23 42' 35" E — 24.18 feet to a point for corner;
N 81 57' 29" W — 125.57 feet to a point for corner;
S 10 37' 48" C — 41.67 feet to a point for corner;
S 80 46' 49" W — 36.76 feet to a point for corner;
Page 5
ORDINANCE NO. 3012 Page 6
0
N 41 06' 28" W — 41.21 feel to a point for corner;
N 00 33' 10" F — 33.24 feet to a point for the northeasterly common corner of Lot 5 and
Lot 6 of the said Sweetwater Forest Subdivision, and also being in a southeasterly
boundary line of the Esther Jane Grant McDougal 62.955 acre remainder tract as
described in the said Gift Deed; a plastic capped '/2" iron rod (stamped Taggart, RPLS #
5676) set for a reference monument bears N 13° 02' 49" E — 70.00 feet;
THENCE N 13 02' 49" E -- 296.69 feet continuing across the said Lot I of the
Benjamin Graharn Subdivision and along the said 62,955 acre boundary line to a 60 d
nai I found for angle point, and replaced with a plastic capped '' /z" iron rod (stamped
Taggart, RPLS # 5676);
THENCE N 48 03'40" W — 2,926.44 feet continuing across said Lots 1, 2 & 3 of the
said Benjamin Graham Subdivision and along the said 62.955 acre boundary line to a
plastic capped 'A" iron rod (st�unpcd Taggart, RPLS # 5676) set for the northwest corner
of this tract; said point being in the southeasterly boundary line of a 21.92 acre tract
conveyed to Chester Brown as described by Partition Deed recorded in VOLUME 3413
PAGE 228 of the said Official Records, a barbed -wire fence post for a northerly tee -
intersection bears S 40° 46' 04" W — 448.94 feet;
THENCE N 41 56' 19" E — passing an 8" barbed -wire fence post for a northerly tee -
intersection at 538.08 feet which bears S 48° 03' 40" 1: — 5.43 feet; thence for a total
distance of 2,106.36 feet adjacent to said fence line,and being along the southeast
boundary line of the said 21.92 acre tract, and continuing along the southeasterly
boundary of a 29.405 acre tract conveyed to the Agnes S. Baker Revocable Living Trust
and recorded in VOLUME 2488 PAGE 64 of the said Official Records, to plastic capped
%" iron rod (stamped Taggart, RPLS # 5676) set for the north corner of this tract and
being the apparent north corner of said Lot 6 of the Benjamin Graham Subdivision; said
point also being in the southwest line of a 75.07 acre tract conveyed to BCS Development
Company and recorded in VOLUME 6985 PAGE 42 of the said Official Records; a
barbed -wire fence post for the apparent east corner of the said 29.405 acre tract bears N
42 01 ' 55" E 23.08 Feet; a %/ iron rod found bears S 04° 32' 25" W — 0.67 feet; a
barbed wire fence corner post bears S 71 ° 54' 07" E -- 1.69 feet;
THENCE S 48 03' 40" L'• -- along the said southwesterly line passing at 641.97 feet a
%," iron rod found at a barbed -wire fence post for tee - intersection northeasterly and being
the apparont south corner of the said 75.07 acre tract, and common with the west corner
of Section 9 of Castlegate Subdivision as depicted by plat recorded in VOLUME- 4820
PAGE, 096 of the said Official Records; a plastic capped %" iron rod bears N 42"55' 29"
ORDINANCE NO. 3012
0
E — 48.05 feet for the northwest corner of Lot 1 Block l of said Section 9; thence
continuing along the southwesterly boundary of a remainder tract out of a 316.0221 acre
tract conveyed to Greens Prairie investors, Ltd. and recorded in VOLUME 3905 PAGE
55 of the said Official Records; at a distance of 3,126.25 feet passing a plastic capped %"
iron rod (stamped Carlomagno, RPLS # 1562) which bears N 41' 56' 20" E— 1.53 feet
for the west corner of Section 6 of Castlegate as depicted by plat recorded in VOLUME
7213 PAGE 40 of the said Official Records; continuing for a total distance of 4,166.67
feet to the POINT OF BEGINNING and containing 202.64 acres of land.
Basis of Bearings: The deed calls of the said 300.00 acre composite parent tract as
recorded in VOLUME 4027 PAGE 029 of the Official Records of Brazos County, Texas
and monumented on the ground.
October 2006
Municipal Development Group
College Station, Texas
Surveyed by: _.....
Page 7
'f 'b
ORDINANCE NO. 3012
EXHIBIT "C"
METES AND BOUNDS
OF A
14.54 ACRE TRACT
ROBERT STEVENSON LEAGUE, A -54
COLLEGE STATION, BRAZOS COUNTY, TEXAS
Metes and bounds description of a 14.52 acre portion of that certain tract or parcel of land
lying and being situated in the Robert Stevenson league, Abstract No. 54, College
Station, Brazos County, Texas and called 202.648 acres as described by exchange deed to
Diebel Family Partners, Ltd. Recorded in VOLUME 4027, PAGE 29 of the Official
records pf Brazos County, Texas; said tract being a remainder of the called aggregate
300.00 acres described in the gift deed from Esther McCullough (SIC) Dansby and
husband Mit Dansby to Esther Jane Grant McDougal as recorded in VOLUME 555, Page
248 of the Deed Records of Brazos County, Texas; said tract being comprised also of
parts of Lots 1, 2, and 3 and all of Lots 6, 7, and 8 of the Benjamin Graham Subdivision,
according to the plat recorded in VOLUME 12, PAGE 394 of the Deed Records of the
Brazos County, Texas, said tract being found by on- ground survey to be 202.64 acres;
Said 14.54 acre tract being more particularly described as follows:
COMMENCING: at a 3/8" iron rod found in the northeasterly boundary line of this
tract, a plastic capped 5/8" iron rod (stamped Carlomagno, RPLS # 1562) found at an 8"
fence comer post bears N 45 17' 09" W — 22.94 feet for the southwesterly comer of
Section 6 of Castlegate Subdivision as depicted by plat recorded in VOLUME 7213
PAGE 40 of the said Official Records; said point being within the right -of -way of Greens
Prairie Road, a variable width prescriptive public right -of -way;
THENCE S 48 03' 40" E —14.30 feet along said northeasterly line of this tract to a
point in the pavement of Greens Prairie Road, for the east corner of this tract and being
the POINT OF BEGINNING; said point also being the apparent east comer of said Lot
8 of the Benjamin Graham Subdivision;
THENCE S 48 03' 40" E along the northeast line of this tract, being also the southwest
line of the said Castlegate Subdivision, for a distance of 1944.29 feet;
THENCE describing a parcel of the parent tract surrounding the floodplain of Spring
Creek Branch D to be dedicated as parkland for the following 15 calls:
S 41 56' 36" W — 80.18 feet for a corner;
S 53 09' 15" W — 228.46 feet for a comer;
S 37 23' 27" W — 78.34 feet for a corner;
S 27 40' 39" W - 151.32 feet for a corner;
Page 8
ORDINANCE NO. 3012
S 17 40' 39" W — 81.62 feet for a corner;
S 07 40' 39" W — 172.61 feet for a coiner;
N 89 38' 30" W — 226.38 feet for a corner;
N 34 37' 0' W — 165.81 feet for a corner;
N 55 32' 13" W — 165.61 feet for a comer;
N 59 46' 26" W — 261.78 feet for a corner;
N 73 52' 22" W — 148.84 feet for a comer;
N 41 56' 33" E — 287.21 feet for a corner;
N 60 21' 56" E — 316.21 feet for a comer;
S 41 56' 33" W — 410.17 feet for a corner;
S 48 03' 24" E — 655.39 feet for a corner and containing 14.54 acres of land;
THENCE S 48 03' 40" E — 1944.29 feet to the POINT OF BEGINNING of the 202.64
acre parent tract.
Basis of Bearings. The deed calls of the said 300 acre composite parent tract as recrded
in VOLUME 4027, PAGE 029 of the Official Records of Brazos County, Texas and
monumented on the ground.
Page 9
Note that the calls presented herein are preliminary pending approval of the appropriate
entities within the City of College Station, Texas Planning and Development Department
and the City of College Station Parks and recreation Department.
ORDINANCE NO. 3012
EXHIBIT "D"
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