HomeMy WebLinkAbout2003-2674 - Ordinance - 11/13/2003ORDINANCE NO.
2674
AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND
ABANDONING A PORTION OF A TWENTY (20) FOOT WIDE SANITARY SEWER
EASEMENt, WHICH CROSSES AND LiES WITHIN LOT 1, BLOCK 1, GREENSWORLD
SUBDIVISION PHASE HI IN THE CITY OF COLLEGE STATION, TEXAS.
WHEREAS, the City of College Station has received an application for the vacation and
abandonment of a portion of a twenty (20) foot wide sanitary sewer easement, which crosses and
lies within Lot 1, Block 1, Gr¢¢nsworld Subdivision Phase HI in the City of College Station, said
portion of the sanitary sewer easement being more particularly described on Exhibit "A" attached
hereto; and
WHEREAS on November 13, 2003, the City Council of the City of College Station, Texas,
heard the application of Art Hughes for the vacation and abandonment of the aforementioned
portion of the twenty (20) foot wide sanitary sewer easement that crosses and lies within Lot 1,
Block 1, Gr¢¢nsworld Subdivision Phase IH, according to the plat recorded in Volume 4059,
Page 57, of thc Official Records of Brazes County, Texas; and
WHEREAS, in order for any portion of an easement to be vacated and abandoned by the City
Council of the City of College Station, the Council must make certain findings of facts; and
WHEREAS, after hearing the application of Art Hughes to vacate and abandon a twenty (20)
foot wide sanitary sewer easement, the City Council of the City of College Station, finds the
following facts:
,
The location of a twenty (20) foot wide sanitary sewer easement crosses the
applicant's property and inhibits its development.
,
The easement is no longer used by the City and there is no infrastructure in the
easement.
,
That the land use in the neighborhood appears to be stable and the use to which
this property is being put is not likely to change within the foreseeable future and
is similar to the use to that of the neighborhood; and
WHEREAS, the City Council after heating the application and finding the specific facts as stated
above now concludes and finds that:
,
The fact that the location of the twenty (20) foot wide sanitary sewer easement
that crosses the applicant's property would deprive the applicant of the reasonable
use of his property.
,
The fact that the land use is not likely to change within the foreseeable future
provides a basis for granting applicant's request to vacate and abandon a portion
of a public utility easement necessary for the preservation and enjoyment of the
substantial property right of the applicant.
js/c/my docs~abandon~revised form etd. doc
Ordinance No. 2 6 7 4 Page 2
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The fact that the abandonment of a portion of the easement is not detrimental to
the public health, safety or welfare or injurious to the property in the area; now
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, that a portion of a twenty (20) foot wide strip of land previously platted as a sanitary
sewer easement, which crosses and lies within Lot 1, Block 1, Greensworld Subdivision Phase 1II
in the City of College Station, as described on Exhibit "A" attached hereto, be abandoned and
vacated.
PASSED, ADOPTED and APPROVED this 13ra day of November, 2003.
APPROVED'
Ron Silvi(, Mayor
ATTEST:
CDNN~ HOOKS, City ',ecretary
APPROVED:
City Attorney
is~c/my docs/abandon/revi~ed form ord. doc
Exhibit "A"-page 1 of - ....
20. Wide Sanitary Sewer Easement
to be abandoned across
Greensworld Subdivision - Phase Three
Volume 4059, Page 57
Richard Carter Survey, A-83
College Station, Brazos County, Texas
Field notes of a 20' wide strip, lying and being situated in the Richard Carter
Survey, Abstract No. 8, College Station, Brazos County, Texas, and being part of Lot
1, BIk 1, of Greenswodd Subdivision- Phase Three according to the plat recorded in
Volume 4059, Page 57, of the Official Records of Brazos County, Texas, and being
more particularly described as follows:
COMMENCING at the %' iron rod found marking the northwest corner of the
beforementioned Lot 1, BIk I - Gmensworld Subdivision - Phase Three in the east
right-of-way line of Earl Rudder Freeway (State Highway Ho. 6 - East By-Pass);
THENCE N 75° 00' 38" E along the north line ofthe beforemenlioned Lot 1, BIk
1 - Greenswortd Subdivision - Phase Three, for a distance of 32.61 feet to a 60d nail
in the southwe, st line of a 20' City of College Station sanitary.sewer easement recorded
in Volume 399, Page 107, of the Deed Records of Brazos County, Texas; .
THENCE along the southwest line of the beforementioned 20' wide sanitary
sewer easement, and through the interior of the beforementioned Lot 1, BIk 1, as
follows:
S 35° 45' 18"E
S 56°45' 14"E
for a distance of 131.35 feet to a 60d nail set for
angle point comer,
for a d{stance of 29.87 feet to a 60d nail set for the
PLACE OF BEGINNING of this description;
THENCE N 18~ 13' 02"W across the beforementioned 20' wide sanitary si~wer
easement for a distance of 32.10 feet to a nail set in the northeast line of said
easement;
THENCE S 56° 45' 14" E along the northeast line of the beforementioned
easement for a distance of 428.22 feet to a nail set, same being in a curve, concave
to the north, having a md[us of 110.00 feet;
THENCE across the beforementioned 20' wide sanitary sewer easement and
along a line, parallel with and 20' north of the south line of said Lot 1, BIk 1 -
Greensworld Subdivision - Phase Three, as follows:
Westerly along said curve for an arc length of 28.77 feet to a nail set
at the end of this curve, the chord bears N
82e38' 42" W-28.69 feet, from which a ~"
iron rod found at the begihning of a curve
with south line of said Lot 1, BIk I bears S
14° 50' 49" W - 20.00 feet;
N 75° 09' 11"W for a distance of 23.68 feet to a nail set in the
.. southwest line of said 20' wide sanitary sewer
easement;
Ordinance No.
2674
THENCE N 56~ 45' 14"Walong the southwest line of the beforementioned 20'
wide sanitary sewer easement for a distance of 354.84 feet to the PLACE OF
BEGINNING, encompassing an area of 0.18 acre, more or less.
~~ Surveyed July 2003
~.~03~2~.~.z~ ~ ~ss",':~.'t''~ R.P.LS. I~o. 2003
KLING ENGINEERING AND SURVBYINQ
~RYAN. TEXAS
SCALE: 1'-60'
EASEMENT ABANDO
Exhibit "A"-
NMENT
page 2 of 2 '----- ~
·
0rcinance No. 2674
TAB: SSESIdT
C # DELTA
Cl I~*I4'ES'
CURVE TABLE
RADIUS LENGTH BEARING
130.00' ;='7.77' N 8t*t6'~3-~
CHORD
;~7,7~'
KUNG ENQNEERING & SURVEYING
BRY, AN. TEXAS