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Home My WebLink About2009-3176 - Ordinance - 04/09/2009ORDINANCE NO. 3176 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.26 ACRE, 20 FOOT WIDE PUBLIC UTILITY EASEMENT, WHICH IS LOCATED ON LOT 9R OF BLOCK 1 OF THE GATEWAY PHASE 1 SUBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUME 7945, PAGE 172, 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 0.26 acre, 20 foot wide Public Utility Easement, which is located on Lot 9R of Block 1 of the Gateway Phase 1 Subdivision according to the plat recorded in Volume 7945, Page 172, 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. There is no public need or use for the Easement. 3. There is no anticipated future public need or use for the Easement. 4. 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. 3176 PASSED, ADOPTED and APPROVED this 9th day of ADril APPROVED: Mayor ATTEST: o jh� City Secretary APPROVED: Page 2 , 2009. City Attorney ORDINANCE NO. 3176 Exk&t A SPEET I Of 2 Abandonment of a Portion of a 20' Public Udilty Easement Lying Within Lot 9R - 8.282 Acres, Block 1 - The Gateway Phase One Vol. 7945, Pg.172 Richard Carter Survey, A -8 College Station, Brazos County, Texas Field notes of a 20' strip or parcel of land, lying and being situated In the Richard Carter Survey, Abstract No. 8; College Station, Brazos County, Texas, said 20' strip being a part of Lot 1 - 26.53 acres, Block 1 - The Gateway Phase One, according to the plat recorded In Volume 3663, Page 313, of the Official Records of Brazos County, Texas, currently known as Lot 9R, Block 1, according to the replat recorded in Volume 7945, Page 172, of the Official Records of Brazos County, Texas, said 20' strip being more particularly described as follows: BEGINNING at a YV Iron rod set In the common line between the beforeimentloned Lot 9R, Block 1, and Lot 1 -12.27 acres, Block 1, The Gateway Phase 2, according to the plat recorded in Volume 5809, Page 70, of the Official Records of Brazos County, Texas, said iron rod located N 33 24'40" W - 125.00 feet from a r /a' Iron rod found marking the common southerly corner between said Lot OR and Lot 1; THENCE N 33 24' 40" W continue along the common line between the beforementloned Lot OR and Lot 1, for a distance of 558.94 feet to a 6 /a" Iron rod found marking the common northerly comer between the said lots, said Iron rod also lying In the southeast line of a 50 acre tract described In the deed to The City of Bryan, recorded In Volume 133, Page 607, of the Deed Records of Brazos County, Texas; THENCE N 41 46' 46 E along the common line between the beforementloned Lot OR and the 50 acre tract, for a distance of 20.69 feet to a 60d nail set; THENCE S 33 24'40" E parallel to and 20 feet east of the common line between the beforementloned Lot OR and Lot 1, for a distance of 564.23 feet to a 60d nail set; THENCE S 56 35'20" W for a distance of 20.00 feet to the PLACE OF BEGINNING, containing 0.26 acre of 1%9d, more or less. OP r Surveyed February 2009 Prepared 02/13/09 WOO - W*Weway Ph. t - tot OR 20' pus ahendaimentwpd S. M. Kling R.P.L.S. No. 2003 Y Page 3 KLING ENGINEERING AND SURVEYING BRYAN, TUM ORDINANCE NO. 3176 Page 4 ItVaw Pmj=w rAud"ft LmpNftN%l Ca "y ft— Dow I N.* AP&MAZO mtsw KIE AbmdommLd., %A3/2009 9.IfA3f AM CR 7". VMS 2U` PRIVATE DRAIN&GE 41 .0 Mee CRY OF BRYAN 5fff LM WD & CAP FOUND _(36 CALLED 50 ACRES ,Boom REPEAT OF LOT 9, BLOCK I . S S VOL 133, PG. 607 FINAL PLAT OF LOTS 13,14 uNPLATrED GATEWAY SUBDIVISION VOL 7945, PM 172 SCALE 1'=60' Ins ED= Hog NNE U E BRAZOS GATEWAY PLACE DEVELOPMENT. LTD. PARKWAY 1289 N. HARVEY L LL f BRYAN, TEXAS 77803 ct INDICATES 20' WIDE PUBLIC UTILITY EASEMENT ABANDONMENT (0.26 ACRE). 20' WI DE' INDICATES E PUBLIC UTILITY EASEMENT TO REMAIN (0.06 ACRE.) 1 10 1 LOTI,BLOCKI THE GATEWAY PHASE 2 12.27 ACRES VOL. 5809, PG. 70-71 sm"m ol d w v cm 7". VMS 2U` PRIVATE DRAIN&GE EASEMENr VOL MO. PQ. 2D2 ,Boom REPEAT OF LOT 9, BLOCK I sm"m ol d w v cm LOT SP, BLOCK I 8,282 ACRES 2W PRIVATE ONIME EkMENT VOL $770, PO. 202 DELMAR SARONHEAD I LTD, I 4645 N. CENTRA EXPRESSWAY, SW_ 200 DALLAS, TEXAS 75205 20 PRIVATE 010WE MEMENr VOL 5779. PS. 202 ---------- -- EXMG 2e VIDE GRAVEL DIM OVERNE0 ELECTRIC UNE LOT 11, BLOCK I 11.323 ACRES THE GATEWAY, PHASE I REPEAT VOL 4990, PG. 262 _.REPLAT OF LOT IAR (12-741 RES & iT 661 ACRES). 114.065 S 12 (1 Z ACR T' . m �.BLOC*( I - GATEWAY SUBDIVISION PHASE I VOL 6623, T 211 (AS FIEWRdEDtN VOL G6d3, PG. 2il)— S URVEYING a BRIAN, 7WS ......... .. .... . .. . .. 2U` PRIVATE DRAIN&GE EASEMENr VOL MO. PQ. 2D2 REPEAT OF LOT 9, BLOCK I FINAL PLAT OF LOTS 13,14 15, BLOCK I GATEWAY SUBDIVISION VOL 7945, PM 172 LOT SP, BLOCK I 8,282 ACRES 2W PRIVATE ONIME EkMENT VOL $770, PO. 202 DELMAR SARONHEAD I LTD, I 4645 N. CENTRA EXPRESSWAY, SW_ 200 DALLAS, TEXAS 75205 20 PRIVATE 010WE MEMENr VOL 5779. PS. 202 ---------- -- EXMG 2e VIDE GRAVEL DIM OVERNE0 ELECTRIC UNE LOT 11, BLOCK I 11.323 ACRES THE GATEWAY, PHASE I REPEAT VOL 4990, PG. 262 _.REPLAT OF LOT IAR (12-741 RES & iT 661 ACRES). 114.065 S 12 (1 Z ACR T' . m �.BLOC*( I - GATEWAY SUBDIVISION PHASE I VOL 6623, T 211 (AS FIEWRdEDtN VOL G6d3, PG. 2il)— S URVEYING a BRIAN, 7WS ......... .. .... . .. . ..