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Home My WebLink About2008-3148 - Ordinance - 12/11/2008ORDINANCE NO. 3148 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.8085 ACRE PORTION OF A VARIABLE WIDTH PUBLIC UTILITY AND DRAINAGE EASEMENT, SAID EASEMENT LIES ON LOT 4K AND LOT 4J OF THE REPLAT OF LOT 4B, BLOCK 15, PHASE 2 OF THE SOUTHWOOD PLAZA SUBDIVISION, AND LOT 4A, LOT 4D, AND LOT 4E OF THE REVISED PLAT OF LOT 4, BLOCK 15, PHASE 2 OF THE SOUTHWOOD PLAZA SUBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUME 2153, PAGE 93 AND VOLUME 1203, PAGE 143 RESPECTIVELY 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 0.8085 acre portion of a variable width public utility and drainage easement, said easement lies on Lot 4K and Lot 4J of the Replat of Lot 4B, Block 15, Phase 2 of the Southwood Plaza Subdivision, and Lot 4A, Lot 4D, and Lot 4E of the Revised Plat of Lot 4, Block 15, Phase 2 of the Southwood Plaza Subdivision according to the plat recorded in Volume 2153, Page 93 and Volume 1203, Page 143 respectively 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. 3128 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. ORDINANCE NO, 3148 Page 2 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, a 0.8085 acre portion of a variable width public utility and drainage easement, said easement lies on Lot 4K and Lot 4J of the Replat of Lot 4B, Block 15, Phase 2 of the Southwood Plaza Subdivision, and Lot 4A, Lot 4D, and Lot 4E of the Revised Plat of Lot 4, Block 15, Phase 2 of the Southwood Plaza Subdivision according to the plat recorded in Volume 2153, Page 93 and Volume 1203, Page 143 respectively 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 , 2008. APPROVED: Mayor ITTIT: City Secretary ��D -- ORDINANCE NO. 3148 Page 3 APPROVED: i 6u h City Attomey Ordinance No. 3148 X4 A SIW,+ /03 Legal Description Brazos County, Texas FN No. 08- 0012cR D&A Job No. 001 -402 DESCRIPTION OF A TRACT OF LAND CONTAINING 0.8085 ACRE (35,219 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 OF SOUTHWOOD PLAZA SUBDIVISION, RECORDED IN VOLUME 2153, PAGE 93, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, (D.R.B.C.T.), ALSO BEING A PORTION OF LOT 4A, LOT 4D, AND LOT 4E 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 A PORTION OF A DRAINAGE AND UTILITY EASEMENT AS SHOWN ON SAID REPLAT OF LOT 4B, BLOCK 15, PHASE H OF SOUTHWOOD PLAZA SUBDIVISION, AND SAID CORRECTION PLAT OF SOUTHWOOD PLAZA, SAID 0.8085 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 for the northeast comer of said Lot 4E, and being a point in the west line of Lot 3, Block 15, of the Correction Plat of Southwood Plaza, Phase One, recorded in Volume 1046, Page 591, D.RB.C.T., also being the southeast comer of Lot 4F of said Revised Plat of Lot 4, Block 15, of Southwood Plaza, Phase Two, from which a 2 -inch iron pipe found for the northwesterly corner of said Lot 3, and being a point in the south Right -of -Way line of Harvey Mitchell Parkway South, (a.k.a. F.M. 2818), (R.o.w. varies), also being the northeast comer of said Lot 4F, bears, NO2 °01'09 "W, a distance of 175.65 feet; THENCE, with the west line of said Lot 3, and the east line of said Lot 4E, S02 0 01'09 "E, a distance of 25.00 feet to a calculated point for the northeast corner hereof, for the POINT OF BEGINNING hereof; THENCE, with the west line of said Lot 3, in part with the east line of said Lot 4E, in part with the east line of said Lot 4D, and in part with an east line of said Lot 4A, S02'01' 09"E, a distance of 648.87 feet to a Mag nail with "DouoW' washer found for an interior ell -comer hereof, said point the easterly north corner of said Lot 4K, being the east corner of Lot 4A, and the southwesterly most comer of said Lot 3; Page 1 of 2 P:\ 001- 402\st ry y\legals \08 -0012c Reviw& doe Ordinance No. 3148 Ste- 2 of 3 THENCE, with 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 - corner hereof, THENCE, leaving the south line of said Lot 3, in part over and across said Lots 4K and 4J, both of said Replat of Lot 4B, Block 15, Phase H of Southwood Plaza Subdivision, and in part over and across said Lots 4A, 41), and 4E, all of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, the following five (5) courses and distances: 1. with the east line of said Drainage and Utility Easement, S03 0 12 1 17"E, a distance of 365.51 feet to .a calculated point for the southeast corner hereof, 2. S86 °47 "W, a distance of 40.00 feet to a calculated point for the southwest corner hereof, said point being .in the east line of said Drainage and Utility Easement, 3. with the west line of said Drainage and Utility Easement, NO3 10 121 7 "W, a distance of 799.72 feet to• a calculated point for an angle point hereof, 4. with the west line of said Drainage and Utility Easement, N00 °59' 17 "W, a distance of 216.17 feet to a calculated point for the northwest corner hereof; 5. over and across said Drainage and Utility Easement, N89 °00'43 "E, a distance of 31.46 feet to the POINT OF BEGINNING and containing 0.8085 acre (35,219 sq. ft.) of land, more or less. 7 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- 402Vmvey\1ega1s\08 -0012c Revised.doc Ordinance No. 3148 . &L,L+ A 3 hu,+ 3 Jr 3 0 150 300 1 75 225 -- GRAPHIC SCALE: 1" — 150' f / ♦ r M BA LE O I, OT4 . F LINE TABLE v NO. BEARING DISTANCE Ll • 40.00 t t .r•_,cC;�', sit +4f'w'a+ �• y" 0. k�h+.', J • t • yt V FZ a !a{ a ANI _k ,av a V OL . 0 l La + ay Y DRAINAGE AM UTILITY ESMIT. I A ? INCLUDES OAS LINE ESMT. rJ VOL 75. PQ 717 • S HOWN 0 .I• a L OT4A �;y t• 1 OF JASON WARY 4w��wy p . •�: • k• , p PROP EA Sp gp • T Nti+1;i' ye iil+ +2 H Ta H,�••itiraaw • + FN t108- 0012aR 0.8085 ACRE PORTION OF DRAINAGE AND UTILITY EASEMENT TO BE VACA CED CRY OF COLLEGE STATION, BRaOS COUNTY, TEXAS 1/ EF— SING B — ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203). NAD83 (CORS). ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389. VA Doucet & Associates, Inc. 74016 Hwy. 71 West; Sulu 160 Amft TX 78735, Phone: (S 12) 583 -2600 Pax (512) 583 -2601 AUAKTM- NDMVAMPMtl*ZMMUMM•I11> eOUGNSOPM www.douestandanoctates.com Dote: 9/18/2008 Scale: 1' -150' Drawn by. JL Reviewer JSW Project: 001 -402 Sheet: 1 of 1 Fleld Book 229 Party Chief: JM Survey Date: 11/29/07 ': \ 1X11 -402 \survey \DA — drawings \001 -402 vacate —gas eosemantlrMeeddwq EASEMENT LINE �• EXISTING PROPERTY LINES ^^ ^� EXISTING EASEMENTS • 1/2" IRON ROD FOUND O 2 PIPE FOUND (UNLESS NOTED) CALCULATED POINT A MAG NAIL NTH 'DOUCEr WASHER FOUND VOL. VOLUME PG. PAGE R.O.W. RICHT —OF —WAY D.R.B.C.T. DEED RECORDS. BRAZOS COUNTY, TEXAS VA Doucet & Associates, Inc. 74016 Hwy. 71 West; Sulu 160 Amft TX 78735, Phone: (S 12) 583 -2600 Pax (512) 583 -2601 AUAKTM- NDMVAMPMtl*ZMMUMM•I11> eOUGNSOPM www.douestandanoctates.com Dote: 9/18/2008 Scale: 1' -150' Drawn by. JL Reviewer JSW Project: 001 -402 Sheet: 1 of 1 Fleld Book 229 Party Chief: JM Survey Date: 11/29/07 ': \ 1X11 -402 \survey \DA — drawings \001 -402 vacate —gas eosemantlrMeeddwq