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Home My WebLink About2008-3144 - Ordinance - 12/11/2008ORDINANCE NO. 3144 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, on November 5, 2008, the City Council of the City of College Station adopted Ordinance No. 3124 abandoning the Easement following a public hearing held on that same date; and WHEREAS, the City of College Station has now determined that said public hearing was inadequately noticed pursuant to the City of College Station Code of Ordinances; and WHEREAS, proper notice was made for a public hearing to abandon the Easement on this date; 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. ORDINANCE NO. 3144 Page 2 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. 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 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, 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 11th day of December APPROVED: Mayor ATTEST: C ;ty Secretary , 2008. ORDINANCE NO. 3144 Page 3 APPROVED: City Attorney Ordinance No. 3144 fxk-L,� A S �et+ / 6k 3 Legal Description Brazos County, Texas IN No. 08 -0012d Part 2 D &A Job No. 001 -402 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 II, 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 comer of said Lot 4K, being the east corner 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 comer 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 0 12'33 "W, a distance of 32.52 feet to a calculated point for the northerly most corner and POINT OF BEGEWUNG 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 corner hereof, said point also being in the southeasterly line of said 20 -foot wide Utility Easement; Page 1 of 2 P:\001- 4021swvey\1ega1s10M012d Revised Paitldoc Ordinance No. 3144 A 5��+ 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 °12'33 'W, a distance of 103.40 feet to a calculated point for the southeast corner hereof, 2. N39 a distance of 20.00 feet to a calculated point for the southwest comer hereof; from which a 1/2 -inch iron rod with "Doucet' cap found for the westerly common comer of said Lot 43 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. ft.) of land, more or less. r / 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\shavey\legals \08-0012d Revised Part 2.doc Ordinance No. 3144 xt1 + `'S�f��fz FRESDOMHff LLEW=PARDMSHIP CRAWFORD BARNET LEAGUE 20' UTILITY LOT3. BLOCK 15 V0L 1203, 3. 143 CORRB ONPLATOF AND VOL 2153. PG. 93 \ SOUTHWOOD PLAZA PHASE ONE VOL 1046, PG. 597�e� — — DY- B.C.T. �. / LOTS \ \ Pd` r,A,1`p-.' L 4� / / 0' UTILITY PaE 4D \ gfoS . / / AND VOL 2153, PG. 93 WAIrMAR TOKRES.INC A • \ ° \ P.O. C. / PORTION OF UTILITY 4 ^� EASEMENT TO BE VACATED 0.0509 ACRE p \� \. \ 2.217 s O V ARE FEET !*� S50'12'33'W\ S0� \ p 3252' ,?� y 0• \ \ w O P.O.B. ' ' RMIIATOF I O LOT 4B, BLOCS 15, PHASE IT , SOV77YWOOD PLAZA SUBDIVISION a ; •- \ VOL. 2153, PG. 93 DJLB.C.T. ALL BEARINGS GS ARE BASED ON THE TEXAS STATE PLANE COORDINATE \ SYSTEM, GRID NORTH. CENTRAL. ZONE ALL O 0 ' \ \ \ \ (4203. ISTANCES WERE A N39 LED TO 20 y . 00 0' \ SURFACE USING A COMBINED SCALE 550'12'33 "W \ \ FACTOR OF 1.000107026369. 12.52' WAL -MART STORES, INC. \ \ I t LOT 4I \ 20' UTILITY ESMT. VOL 12D3, PG. 143 AND VOL 2153, PG. 93 ITEU 10A 20' UTILITY ESMT. VOL 1203. PQ 143 1 AND VOL 2153, PG. 93 -T-- --- - - - - -- - LONGWRE DRIVE (R 0 "W VARIES) �0F r S T F� h °9 JASON WARD r- V- 5811 71 a. m 0 60 120 30 90 GRAPHIC SCALE: 1' - 60' 11 • • • FN 011-0012d.-part 2 P:\, 001- 402,surveV \DA_drowings�001 -402 vocote -20 UE-jort 2.dwq 0.0509 ACRE PORTION OF UTILITY EASEMENT TO BE VACATED CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS Date: 9/19/2008 f Seale: 1' -60' Doucet & Associates, Inc. 7401 B Hwy. 71 Were, Suhe 160 AuNn, TX 78735, Phone: (5 12) 563 -2600 Fmc (S 12) 583 -2601 ALMK YM - NORniAMPM MAtSACHfJ56M. ROWA14 CAUFORMA www.doucemndassodam.corn Drawn by. JL Reviewer. JSW Project: 001 -402 Sheet 1 of 1 Field Book: 229 Party Chief: JM Survey Date: 11/29/07 EASEMENT LINE EXISTING PROPERTY LINES -- — EXISTING EASEMENTS • 1/2' IRON ROD WITH'DOUCET' CAP FOUND Oe 2' IRON PIPE FOUND (UNLESS NOTED) O CALCULATED POINT A MAG NAIL WITH 'DOUCET" WASHER FOUND P.0.8. POINT OF BEGINNING VOL VOLUME PG. PAGE R.O.W. RIGHT —W—WAY D.R.B.C.T. DEED RECORDS, BRAZOS COUNTY, TEXAS • • • FN 011-0012d.-part 2 P:\, 001- 402,surveV \DA_drowings�001 -402 vocote -20 UE-jort 2.dwq 0.0509 ACRE PORTION OF UTILITY EASEMENT TO BE VACATED CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS Date: 9/19/2008 f Seale: 1' -60' Doucet & Associates, Inc. 7401 B Hwy. 71 Were, Suhe 160 AuNn, TX 78735, Phone: (5 12) 563 -2600 Fmc (S 12) 583 -2601 ALMK YM - NORniAMPM MAtSACHfJ56M. ROWA14 CAUFORMA www.doucemndassodam.corn Drawn by. JL Reviewer. JSW Project: 001 -402 Sheet 1 of 1 Field Book: 229 Party Chief: JM Survey Date: 11/29/07