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Home My WebLink About2008-3145 - Ordinance - 12/11/2008ORDINANCE 1 3145 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.8004 ACRE VARIABLE WIDTH PUBLIC UTILITY EASEMENT, SAID EASEMENT LIES ON LOT 3, BLOCK 15, PHASE 1 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 1046, PAGE 591 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 0.8004 acre variable width public utility easement, said easement lies on Lot 3, Block 15, Phase 1 of the Correction Plat of Southwood Plaza Subdivision, according to the plat recorded in Volume 1046, Page 591 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. 3125 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. 4. There is no anticipated future public need or use for the Easement. ORDINANCE NO. 3145 Page 2 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 0.8004 acre variable width public utility easement, said easement lies on Lot 3, Block 15, Phase 1 of the Correction Plat of Southwood Plaza Subdivision, according to the plat recorded in Volume 1046, Page 591 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. 5. Prior to the acceptance of the construction of the relocated utility lines previously within the Easement approved for abandonment by the City, the then owner of the Subject Property shall deliver to the City an agreement in writing to hold the City harmless, and indemnify the City against all suits, costs, expenses, and damages that may arise or grow out of the City's approval of the abandoned Easement. 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 , 2008. APPROVED: Mayor TTLST: City Secretary ORDINANCE NO. 3145 APPROVED: ... L ♦i L,/l %/i City Attomey Page 3 Ordinance No. 3145 t �xLo A s6f I of � Legal Description Brazos County, Texas FN No. 084012f Part 1 D &A Job No. 001 -402 EA&ULDI t" 66A" DESCRIPTION OF A TRACT OF LAND CONTAINING 0.8004 ACRE (34,864 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING OUT OF LOT 3, BLOCK 15 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA, PHASE ONE, RECORDED IN VOLUME 1046 PAGE 591, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, (D.R.B.C.T.), AND BEING A PORTION OF A VARIABLE WITH UTILITY EASEMENT AS SHOWN ON PLAT RECORDED IN VOLUME 1046, PAGE 591, SAID 0.8004 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 NORM 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 for an angle point in the south line of said Lot 3 and being an angle point in the north line of Lot 4K of the Replat of Lot 4B, Block 15, Phase II, of Southwood Plaza Subdivision, recorded in Volume 2153, Page 93, (D.R.T.C.T.), from which a 2 -inch iron pipe'found for the common easterly comer of said Lot 3, and said Lot 4K, and also being a point in the northwest Right -of -Way line of Brothers Boulevard, (R.o.w. varies), bears, S43 1 29'34 "B, a distance of 197.66 feet; THENCE, along the common line of said Lot 4K and said Lot 3, S87 °58'05 "W, a distance of 16.48 feet to a calculated point for the southeast comer and POINT OF BEGINNING hereof; THENCE, continuing along the common line of said Lot 4K and said Lot 3, S87 °58'05 "W, a distance of 184.01 feet to a Mag nail with "Doucet' washer found -for the southwesterly comer hereof said point also being a common comer of said Lot 4K, and Lot 4A of the Revised Plat of Lot 4, Block 15, of Southwood Plaza Phase Two, recorded in Volume 1203, Page 143, (D.R.B.C.T.), and being the southwest corner of said Lot 3; THENCE, along the west line of said Lot 3 and the east line of said Lot 4A, in part with the east line of Lot 4D, and in part with the east line of said Lot 4E, both of said Revised Plat of Lot 4, Block 15, NO2 °01'09 "W, passing at a distance of 88.98 feet a Mag nail with "Doucet" washer found for the southeast comer of said Lot 4D and the west line of said Lot 3, also passing at a distance of 319.68 feet a Mag nail with "Doucet" washer found for the common east comer of said Lot 4D and Lot 4E and the west line of said Lot 3, for a total distance of 382.29 feet to a calculated point for the northwesterly corner hereof; Page 1 of 3 P: \001- 402ltarvey\legals108 -0012f Revised Part l.doc Ordinance No. 3145 skV4_ z� y THENCE, over and across said Lot 3, N87 °58'51 "E, a distance of 588.54 feet to a calculated point for the northeast corner hereof, said point also being in the east line of said Lot 3 and in the west line of a Drainage and Utility Ro.w. as shown on the Revised Plat of Lots 1 and 2, Block 15, Southwood Plaza, Phase One, recorded in Volume 1212, Page 483, (D.R.B.C.T.); THENCE, along the common line of said Lot 3 and said Drainage and Utility Kom., S06 a distance of 12.77 feet to a 1/2 -inch iron rod with "Doueet" cap found for a point of curvature hereof, THENCE, continuing along the common line of said Lot 3 and said Drainage and Utility R.o.w., along a curve to the right, whose radius is 113.00 feet, whose delta is 06 whose are length is 12.66 feet, and whose chord bears, S09 0 55'24 "W; a distance of 12.66 feet to a calculated point for an exterior ell corner hereof THENCE, over and across said Lot 3, the following four (4) courses and distances: 1. S87 1 58'51 "W, a distance of 538.98 feet to a calculated point for an interior ell corner hereof; 2. S02 0 01'09 "E, a distance of 10.00 feet to a calculated point for an interior ell comer hereof; 3. N87 0 58'51 "E, a distance of 494.58 feet to a calculated point for an angle point hereof, 4. S66 0 02'45'% a distance of 37.32 feet to a calculated point for a point of curvature hereof, said point being in the east line of said Lot 3, and in the west line of said Drainage and Utility R.o.w.; THENCE, along the common line of said Lot 3, and said Drainage and Utility Ro.w., along a curve to the right, whose radius is 113.00 feet, whose delta is 10 0 17'03 ", whose are length is 20.28 feet, and whose chord bears, S32 °45'40 "W, a distance of 20.26 feet to a calculated point for an exterior ell comer hereof, Page 2 of 3 P.\001- 402\nwvey\tegals \08 -0012f Revised Part Moc Ordinance No. 3145 gxhlrf A SIE + IJ Y THENCE, over and across said Lot 3, the following six (6) courses and distances: 1. N66 °02'46 "W, a distance of 29.64 feet to a calculated point for an angle point hereof, 2. S87 °58'5 VV, a. distance of 486.23 feet to a calculated point for an angle point hereof; 3. S68 °43'30 "W, a distance of 30.40 feet to a calculated point for an interior ell corner hereof, 4. S02 °01'09" E, a distance of 307.26 feet to a calculated point for an interior ell corner hereof; 5. N87 °58'05" E, a distance of 164.00 feet to a calculated point for an interior ell corner hereof; 6. S02 °01'55" E, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.8004 acre (34,864 sq.1) of land, more or less. Jason Ward, RP.L.S. Date Texas Registration No. 5811 Doucet & Associates Inc., 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 Page 3 of 3 P:1001 -402Vmey\legals \08 -0012f Revised Part l.doc Ordinance No. 3145 qt. y LINE TABLE CRA ORM BARNE77' I LOT 1A NO. BEARING DISTANCE r EA UGC \\ LOT 1B I I L1 S06 442'47 "W 12.77' LL,ti L L1 L2 S02'01'09 "E 10.00' I LOT 3 ,BLOCK 15 — L3 S66'02'45 'E 37.32' CORRECTION PLAT OF C1 SOUTHWOOD PLAZA PHASE ONE REVISED PLAT 1 L4 S02 '55' 10.00' VOL. 1046, PG. 591 OF LOTS 1 & 2, BLOCK 15, 139M MO BASIS-- DiLB.CT. � SO OOOPLAZA. I �2R - ALL BEARINGS ARE BASED ON THE' TEXAS PHASE STATE PLANE COORDINATE SYSTEM, GRID V0 1212, PG. 483 1 U TILITY NORTH, CENTRAL ZONE (4203). NAD83 VOL 1,��1 ` DRB.C.T. (COBS), ALL DISTANCES WERE AD.AISTED PER PLAT DRAINAGEAND / TO SURFACE USING A COMBINEDSCALE N66102' 46"W\ U= ITYP - O .W/ FACTOR OF 1.000107026389. � . m . ♦ / JASON WARD CO- 5811 �i 29.64 LOT2R z UT1U ESMT. / REPLATOFLOT2R. VOL. 1046, Pe. 591 / BLOCK IS PER PLAT SOEMMOOD PLAZA 1.E3JWD PHASE ONE EASEMENT LINE DOC # 0741445 �+ EXISTING PROPERTY LINES EXISTING EASEMENTS / O 1/2' IRON ROD WITH "DOUCET / CAP FOUND 2* (IRON PIPE FOUND \� / CALCULATED POINT A WAG NAIL WITH 'DOUCET WASHER FOUND / y P.0.8. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT VOL VO LUME PA LOTS % A R.O.W. RIGHT —OF —WAY ./ D.R.B.C.T. DEED RECORDS, -4 BRAZOS COUNTY. TEXAS �� by PER PLAT V.A.RIABLE'GVIDTH � %� f �O U'TII.TTY � EASEMENT � S.; 0.8004 ACRE CIO l / LOT 4D ?b �• 34,864 SSOUARE FEET `\ Von 10446 PG. T ; 591 GY LOT v L4 ) PER PLAT W p UT ILITY 1046 EPG. Oc• S43��'� VOL PER PIaT 541 � ' 29 34 �E , 97 66r = o y� �o'` P.O.C. tea, p� ►�� P.O.B. S87'58'05"W W 16.48' LOT4K REPLAT OF LOT 4B, BLOCK 15, PHASE 9 SOUTHWOOD PLAZA SUBDMSION VOL. 2153, PG. 93 D.R.B.CT. 0 100 BEARING CHORD S09'55'24 "W 12.66' 1 50 150 S32'45'40 'W 20.26' 1 GRAPHIC SCALE: 1" - 100' R 40 A Doucet & Associates, Inc. 7401 8 Hwy. 71 Weal, Suite 160 Auadn, TX 78735, Phone: (5 12) 583 -2600 Fax: (5 12) 583 -2601 CURVE TABLE NO. LENGTH RADIUS DELTA C1 12.66' 113.00' 625'14" C2 20.28' 113.00' 10`17'03" IN ;Q6- 0012f.,Port 1 0004 ACRE PORTION OF VARIABLE WIDTH UTILITY EASEMENT TO BE VACATED CITY OF CO LLEGE STATION, BRAZ COUNTY, TEXAS AUM TBW- NORTMAMPfON, MAUM11LUTO - R00411 CALWOMOA www.doucemndassociates.com Dote.. 9/19/2006 Scale: 1' -100' Drown by. JL Ravlewer: JSW Project: 001 -402 Sheet• 1 of 1 Field Bowe 229 Party Chlet JM Survey Dote: 11129 >: \001 - 402 \survay \DA — drawings \001 -402 vocote— vorioble UE —port 1.dwg