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Home My WebLink About2008-3124 - Ordinance - 11/05/2008ORDINANCE NO. 3124 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.0509 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. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.0509 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 (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. 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. 3124 Page 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, a 0.0509 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 5th day of November, 2008. APPROVED: Mayor AT TEST: C _ City Secretary APPROVED: Y-Car°js I VFRTFY airthanfirN'v with Annrnvalt City Attorney f k- r� A S kee+ / 6k 3 Legal Description Brazos County, Texas FN No. 08 -0012d Part 2 D &A Job No. 001402 L+ .Kt anx 1 "A" DESCRIPTION OF A TRACT OF LAND CONTAINING 0.0509 ACRE (2,217 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT 4K AND LOT 4J OF THE REPLAT OF LOT 4B, BLOCK 15, PHASE IL, SOUTHWOOD PLAZA SUBDIVISION, AS RECORDED IN VOLUME 2153, PAGE 93, OF THE DEED RECORDS OF BRAZOS 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 0.0509 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 corner 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 interioir 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, over and across said Drainage and Utility Easement, with the common line of said Lot 4K'and said Lot 4A, S50 °12'33 "W, a distance of 32.52 feet to a calculated point for the northerly most comer and POINT OF BEGINNING hereof, said point being in the west line of said Drainage and Utility Easement, THENCE, departing said common line of said Lot 4K and said Lot 4A, with the west line of said Drainage and Utility Easement, S03 °10'50 "E, a distance of 24.92 feet to a calculated point for the southerly most east comer hereof, said point also being in the southeasterly line of said 20 -foot wide Utility Easement; Page l of 2 P:\ 001- 402\mmey\legals \08 -0012d Revised_Part 2.doe S4c,f t of 3 THENCE, departing the west line of said Drainage, and Utility Easement, with the southeasterly line of said 20 -foot wide Utility Easement, in part over and across said Lot 4K, and in part over and across said Lot 4J, the following three (3) courses and distances: 1. S50 1 12'33 "W, a distance of 103.40 feet to a calculated point for the southeast corner hereof; 2. N39 °47'2T'W, a distance of 20.00 feet to a calculated point for the southwest corner hereof, from which a 1/2 -inch iron rod with "Doucet" cap found for the westerly common comer of said Lot 41 and said Lot 4K, bears, S50 °12'33 "W, a distance of 12.52 feet, and 3. with the northwest line of said Lot 4K, and the southeast line of said Lot 4, N50 °12'33"E, a distance of 118.26 feet to the POINT OF BEGINNING and containing 0.0509 acre (2,217 sq. $.) of land, more or less. Jason Ward, R.P.L.S. Date Texas Registration No 5811 Doucet & Associates Inc., 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 Page 2 of 2 P:)001- 402\6�gals \08-00124 Rr4W Part 2.doc &U+ A JUU9DOMHILLLDRMDPART7qERSHW CRA WFORD :BARN= LEAGU 20• uTIu ESMT j LOTS, BLOCK 15 VOL 1203, PG ,43 CORRBC77ONPLATOF �_� �� —• � , AND VOL 2153, PG. 93 \ SOUTTIWOOD PLAZA PHASE ONE VOL. 1046, PG. 591 � � \ \ ��, ,A�h • c 'a 20' UTILITY ESMI 4D \ � �'9� ?�� / / ADD VOL VCL 2153, PG. 93 WAL- MARRSTIORES, INC. j A P.O. C. / PORTION OF UT'II.,ITY t j �•. EASEMENT TO BE VACATED t ►•• --�� 0.0509 ACRE j p 1 C \ \ 2.217 SQUARE FEET o S50'12'33 "W s 0 \ f s 3252' �y O �> P.O.B. N REFIATOF LOT 4B, BLOCK 15, PHASE IT ° v. 1'7 \ SOUTHWOOD PLAZA SUBDIVISION ` O � " n — \ / \ VOL 2153, PG. 93 U M $ \ \ DJLB.C.T. 1 r �. M �/ \\ \ 1 Q .4 A \ \ \ ALL .BEARINGS ARE BASED ON THE } \ \ 'TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTH. CENTRAL. ZONE 47 Z7"W \ (4203), NADa3 (CORS), ALL N39 • ' \ \ DISTANCES WERE ADJUSTED TO S5012'33 "W t 1 20'00' \ \ \ FACTOR US COMB38ED SCALE 12.52' WAL- MARTSTORM, INC \ \ I 20' UTWn ESMT. \ \ �..� VOL 1203, PG. 143 t I AND VOL T 2153, PG. 83 t 1 x fo -c l � t � zD' unun EsMr. C9 N ' VOL 1203, PG. 143 r AND VOL 2153 PG. 93 r ASON 1 WARD / N LONGMIRE DRIVE 7 (R 0 -w VARIES) U 0 60 120 30 90 GRAPHIC SCALE: 1" - 60' D.R.B.C.T. DEED RECORDS, BRAZOS COUNTY, TEILAS • • FN 0011-130112d-part 2 P: \001- 402%survev \DA- drewings \001 -402 vacote -20 UE -port 2 ;r 0.0509 ACRE PORTION Scat 9/19/2D05 Sca le: 1' -6o' OF UTILITY EASEMENT TO BE VACATED CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS "A Doucet & Associates, Inc. 7401 B Hwy. 71 West; Suke 160 Ausdrk TX 78735, Phone (5 12) 563 -260D Film (5 12) 583 -2601 AUn91UM- NOUKM"MlMi6AiOl NM- Il0Si1 UCYYORM www.doucemndassodam.com Drawn by. JL Reviewer: JSW Project- 001 -402 Sheet: 1 of 1 Field Book: 229 Party Chief. JM Survey Dote: 11/29/07 EASEMENT LINE EXISTING PROPERTY LINES -- -- EXISTING EASEMENTS • 1/2' IRON ROD WITH %MCEr CAP FOUND 2 IRON PIPE FOUND (UNLESS NOTED) O CALCULATED POINT A L MAG NAIL WITH 'DOUCEr WASHER FOUND P.O.B. POINT OF BEGINNING VOL VOLUME PG. PAGE R.O.W. RIGHT- OF-WAY D.R.B.C.T. DEED RECORDS, BRAZOS COUNTY, TEILAS • • FN 0011-130112d-part 2 P: \001- 402%survev \DA- drewings \001 -402 vacote -20 UE -port 2 ;r 0.0509 ACRE PORTION Scat 9/19/2D05 Sca le: 1' -6o' OF UTILITY EASEMENT TO BE VACATED CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS "A Doucet & Associates, Inc. 7401 B Hwy. 71 West; Suke 160 Ausdrk TX 78735, Phone (5 12) 563 -260D Film (5 12) 583 -2601 AUn91UM- NOUKM"MlMi6AiOl NM- Il0Si1 UCYYORM www.doucemndassodam.com Drawn by. JL Reviewer: JSW Project- 001 -402 Sheet: 1 of 1 Field Book: 229 Party Chief. JM Survey Dote: 11/29/07