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Home My WebLink About2008-3123 - Ordinance - 11/05/2008ORDINANCE NO. 3123 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.1723 ACRE PORTION OF A TWENTY (20) FOOT WIDE PUBLIC UTILITY EASEMENT, SAID EASEMENT LIES ON LOT 4K AND LOT 4J OF THE RE- PLAT OF LOT 413, BLOCK 15, PHASE 2 OF THE SOUTHWOOD PLAZA SUBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUME 2153, PAGE 93 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.1723 acre portion of a twenty (20) foot wide public utility easement, said easement lies on Lot 4K and Lot 4J of the Re -plat of Lot 413, Block 15, Phase 2 of the Southwood Plaza Subdivision according to the plat recorded in Volume 2153, Page 93 of the deed records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the "Easement "); and WHEREAS, in order for the 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 Easement described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Easement will not result in property that does not have access to public roadways or utilities. 2. Applicant intends to relocate the existing public utility mains located in the Easement to a replacement public utility easement. 3. There is no public need or use for the Easement. 4. There is no anticipated future public need or use for the Easement. 5. Abandonment of the Easement will not impact access for all public utilities to serve current and future customers. PART 2: That the Easement as described in Exhibit "A" be abandoned and vacated by the City. ORDINANCE NO. 3123 Page 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, a 0.1723 acre portion of a twenty (20) foot wide public utility easement, said easement lies on Lot 4K and Lot 4J of the Re -plat of Lot 4B, Block 15, Phase 2 of the Southwood Plaza Subdivision according to the plat recorded in Volume 2153, Page 93 of the deed records of Brazos County, Texas, as described in Exhibit "A" attached hereto, be abandoned and vacated only upon completion of the following conditions: 1. That the Applicant remove and relocate the existing public utility mains to another public utility easement. 2. That the City Engineer approve and accept the relocated public utility mains. 3. That the Applicant dedicate the replacement public utility easement to the City in compliance with City standards. 4. That there will be no other infrastructure in the easement to be abandoned. If any of the above conditions are not met within eighteen (18) months, the abandonment shall be null and void and have no further force or effect. PASSED, ADOPTED and APPROVED this 5 + day of � Overnber , 2008. APPROVED: 4�� Mayor ATTEST: Oh'r - City Secretary APPROVED: V RTFY ai�thPn�i�ity with AnnrnvP t City Attorney �X►,,k,4- A sir'f I.1 Legal Description Brazos County, Texas IN No. 08 -00124 Part 1 D&A Job No. 001 -402 EXHIBIT "A" DESCRIPTION OF A TRACT OF LAND CONTAINING 0.1723 ACRE (7,506 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT 4K OF THE REPLAT OF LOT 4B, BLOCK 15, PHASE H, SOUTHWOOD PLAZA, SUBDIVISION, AS RECORDED IN VOLUME 2153, PAGE 93, OF THE DEED RECORDS OF BR.AZOS COUNTY, TEXAS, (D.R.B.C.T.), ALSO BEING A PORTION OF A 20 -FOOT WIDE UTILITY EASEMENT AS SHOWN ON SAID REPLAT OF LOT 4B, SAID 0.1723 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): COMMENCING at a Mag nail with "Doucet" washer found at the easterly north corner of said Lot 4K, being the east comer of Lot 4A of the Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, as recorded in Volume 1203, Page 143, D.R.B.C.T. and the southwest comer of Lot 3, Block 15 of the Correction Plat of Southwood Plaza, Phase One, as recorded in Volume 1046, Page 591, D.R.B.C.T., said point being an interior ell-comer of a variable width Drainage and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, from which a Mag nail with "Doucet" washer found for the southeasterly most corner of Lot 4D of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, bears NO2 °01'09 "W, a distance of 88.98 feet; THENCE, with a northerly line of said Drainage and Utility Easement, being the common line of said Lot 3 and said Lot 4K, N87 °58'05 "E, a distance of 13.63 feet to a calculated point for an exterior ell-comer of said Drainage and Utility Easement, and being the westerly most comer and POINT OF BEGINNING hereof THENCE, continuing with the common line of said Lot 3 and Lot 4K the following two (2) courses and distances: 1. N87 °58'05 "E, a distance of 186.86 feet to a Mag nail with "Doucet" washer found for the northerly most corner hereof, and 2. S43 0 29 1 34 "E, a distance of 197.66 feet to a 2 -inch iron pipe found for the easterly common comer of said Lot 3 and said Lot 4K, for the northeasterly corner hereof, said point being in the northwest right -of -way line of Brothers Boulevard, (R.o.w. varies); Page I of 2 P:\001- 402\uvey\legals\08 -00124 Revised Part l.doc EAstr+ A S4.A Z S3 THENCE, with the common line of said Brothers Boulevard and said Lot 4K, S46 °30'26 "W, a distance of 20.00 feet to a calculated point for the southeasterly most corner hereof, said point being at the southesterly most corner of said 20 -foot wide Utility Easement, from which a Mag nail with "Doucet' washer found for a point of curvature in said common line bears, S46 0 30 1 26 "W, a distance of 78.28 feet; THENCE, departing the northwest right -of -way line of Brothers Boulevard, over and across said Lot 4K the following three (3) courses and distances: 1. with the southwest line of said 20 -foot wide Utility Easement, N43 0 29'34 "W, a distance of 188.64 feet to a calculated point for an angle point hereof, 2. with the southerly line of said 20 -foot wide Utility Easement, S87 °58'05 "W, a distance of 177.43 feet to a calculated point for the southwesterly most corner hereof, said point being - in the east line of said Drainage and Utility Easement, and 3. over and across said 20 -foot wide Utility Easement, with the east line of said Drainage and Utility Easement, NO3 °12'17"W, a distance of 20.00 feet to the POINT OF BEGINNING and containing 0.1723 acre (7,506 sq. $.) of land, more or less. Jason Ward, RP.L.S. Date OF T Texas Registration No. 5811 �P1w.* ' Doucet & Associates Inc. ... ° JASCtN �irvgR 7401 B Hwy. 71 West, Suite 160 . „., .................... D.„„„ Austin, Texas 78735 y s 581 p ry % .E s +o. O 24 SURV�� Page 2 of 2 P.\001402Nsiuweyllepls\08 -00124 Revised Part l.doe � A . She +3,k CRAWFORD BARNETT LEAGUE � FREEDOM HILL LBUM PAR7M RSSFIIP ✓�' f S 4 ' 3 29 34~ 9 66, + 13 LOT 3, BLACK 15 .j.` 7 j e \ CORRECnONPLAT i t /'r. \ SOUTHWOOD PLAZA PHASE ONE p fp ; N .� I• i ,kt y O O \ VOL. ] 046, PG. 591 '� y �>� 34 W 1 \ D.R B.CT. +� J " QO 20' UTILITY ESIJT64 t °D N \\ \\ � ,ph it Jta VOL 120.3, Po. 143 L \ P.O.C. .�,� ' I AND VOL 2153, PG. 93 A 4D ie / �'\o\ \ ��4 1 ' �Oy PORTION OF UTILITY , EASEMENT TO BE VACATED 0.1723 ACRE 7,506 SOU AU1? FEEI' f MM ` WAL -MART STORES, INC. LOT 4K I W 0 REPEAT OP \ LOT 4B, BLOCK 15, PHASE IT Igo O SOVTHWOOD PLAZA SUBDIVISION >[ \ �. \ \ VOL R.B. T. 93 I ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. GRID NORTH, CENTRAL ZONE \ (4203). NAD83 (COBS). ALL y r I \ \ DISTANCES WERE ADJUSTED TO 20' UTILITY ESMT. \ SURFACE USING A COMBINED SCALE VOL 1203• PG. 143 \ FACTOR OF 1.000107026389. AND VOL 2153, PG. 93 ' I ITM IDA \ `� 0 60 120 WAL -MART STORES, INC \ \ LOT4J 30 90 ' I \ GRAPHIC SCALE: 1" = 60' M O F EXI�STINGG PROPERTY LINES -- EXISTING EASEMENTS • 1/ CA P FOUND EI' 00 WITH 'DOUC ' 20' UTILITY ESMT. O N O° 2" IRON PIPE FOUND ' I VOL. 1203, PG. (UNLES AT E 143 JASON WARD 0 O NT D)) I AND VOL 2153, PG. 93 5811 «. •— Q e O W FOUND At - �•DOUCET" WITH ---- - - - --- — -- �O 5 k � VOL VOLUME PG. PAGE •��.,+ S U R R.O.W. RIGHT -OF -WAY LONGMIRE DRIVE D.RB.CT. DEED RECORDS BRAZOS COUNTY, TEXAS (R• VARIES) FN t08 -00 1 2d -Port 1 P: \001- 402\wxwy\DA- drou*tps \001 -402 wcote -.20 UE-part I.d%V 0.1723. ACRE PORTION , sca� 1 ".�18A2D08 Dro�m by. JL OF U TILITY EASEMENT ADoucet & Associates Inc. Reviser: isw 7401 B Hwy. 71 Wes. Suke 160 Project 001 -402 TO BE VACATED Awdri, TX 7873S, Phony (512) 583 -2600 Fax (5 12) SW -2601 Sheet 1 of 1 M Y OF C,OLUGE TAWN, Field Book 229 BWOS COON I TEXAS XATKTDfIS- NDRDIA!*TOtLK&AM #15 M -R06EV MCAUFORM Party Chbf: .Jm www.doucamndassociatrs.com Survey Date: 11/29/07