HomeMy WebLinkAbout2012-3415 - Ordinance - 05/14/2012 ORDINANCE NO. 26/2. 34/5
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 0.1444 ACRE, 20 -FOOT WIDE PUBLIC
UTILITY EASEMENT RECORDED IN VOLUME 2163, PAGES 223 -225 OF THE
OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND LOCATED ALONG
THE SOUTHWEST PROPERTY LINE OF A PARCEL OF LAND SITUATED IN THE
J.E. SCOTT LEAGUE, ABSTRACT NO. 50, AND BEING A 0.986 ACRE TRACT AS
DESCRIBED BY WARRANTY DEED RECORDED IN VOLUME 7609, PAGE 150
OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS.
WHEREAS, the City of College Station, Texas, has received an application for the
vacation and abandonment of a 0.1444 acre, 20 -foot wide public utility easement
recorded in Volume 2163 Pages 223 -225 of the Official Records of Brazos County,
Texas, and located along the southwest property line of a parcel of land situated in the
J.E. Scott League, Abstract No. 50, and being an 0.986 acre tract as described by
warranty deed recorded in volume 7609, page 150 of the Official Records of Brazos
County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter
referred to as the "Easement "); and
• WHEREAS, the 20 -foot Easement described above contains a public storm sewer main
that will be removed and relocated and the City has received a cash surety to assume the
removal and relocation of said storm sewer main and a temporary blanket easement to
allow City to access to same; 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. There is no public need or use for the Easement.
• 3. There is no anticipated future public need or use for the Easement.
ORDINANCE NO. 2012-3 Page 2
4. Abandonment of the Easement will not impact access for all public
utilities to serve current and future customers.
PART 2: That the 0.1444 acre, 20 -foot public utility easement as described above
and in Exhibit "A" attached hereto, be abandoned only upon completion of
the following condition:
1. That the Applicant shall, upon completion of the removal and
relocation of the storm sewer main, convey by separate instrument
or plat to the City a public utility easement or right -of -way at the
location of said storm sewer main, in a form acceptable to the City.
PASSED, ADOPTED and APPROVED this / `� day of , 2012.
APPROVED:
Mayor
ATTEST:
City Secretar
APPROVED:
C J 9 . pu.
City Attorney
559
�'" FII.ED
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TILITY EASEMENT `
(Specific Property) 481 21 All :50 •
! STATE OF TEXAS onraosr,omuY courptousF
COUNTY OF BRAZOS KNOW ALL MEN 13Y iTIES 011t _�
.
That, GUARANTY FEDERAL BANK F.S.B., GRANTOR, of the County of Brazos, ;.,
State of Texas, for the good and valuable consideration In hand paid to I.
GRANTOR by the CITY OF COLLEGE STATION,, TEXAS, GRANTEE, the `
receipt of which is hereby acknowledged, has GRANTED SOLD and CON -
VEYED and by these presents does GRANT, SELL, and CONVEY unto the sold 1.
• CITY OF COLLEGE STATION, a Texas Municipal Corporation, certain rights
and Interests In the nature of a perpetual EASEMENT on and through the
following described property: ,
Being all that certain tract or parcel of land Tying and being situated
In the J.E. SCOTT LEAGUE, Abstract No, 50, In College Station,
Brazos County, Texas, and being a portion of the 0,986 acre tract
called Tract One conveyed by Robert B. Waltman to Guaranty
Federal Bank, F.S.B. on June 12, 1992, by Warranty Deed
recorded In Volume 1525, Page 262 of the Official Records of
• Brazos County, Texas;
provided, however, that this conveyance shall grant the rights herein specified
only as to that portion of the above described properly more particularly de- C
scribed by metes and bounds on the attached Exhibit "A ", known as the
"Easement Area ", and any additional area outside the easement area necessary
to Install and attach equipment, guy wires, and anchors necessary and incident
to the uses of the Easement Area, j
To erect, construct, Install, and thereafter use, operate, Inspect, repair, maintain,
reconstruct, modify, and remove the following;
Electric transmission and distribution lines;
Water lines and sanitary sewer lines, connecting lines, •
access facilities, and related equipment;
Television, telephone, and communications tines;
•
upon, over, and across said property as herein described and any ways, streets, ,
roads, or alleys abutting same; and to cut, Trim and control the growth of trees
and other vegetation on and in the easement area or on adjoining property of
GRANTOR, which might interfere with or threaten the operation and mainte-
nonce of any public utility equipment, accessories, or operations. It Is under-
; stood and agreed that any and all equipment and facilities placed upon said i
property shall remain the property of GRANTEE. .
GRANTOR expressly subordinates all rights of surface use incident to the min-
eras estate to the above described uses of said surface by GRANTEE, and
agrees to lender's subordinatlons on behalf of GRANTEE. GRANTOR will
provide GRANTEE with the names and addresses of all lenders.
•
It is expressly understood that the GRANTOR or future Owners of'thls property
reserve the right to use this EASEMENT for all purposes which do not Interfere
' with or prevent Its use by the GRANTEE. \
TO HAVE AND TO HOLD the rights and interests herein described unto the +•
CITY OF COLLEGE STATION, TEXAS, and Its successors and assigns, forever,
and GRANTOR dons hereby bind itself, Its successors and assigns, to warrant ti.
and forever defend, all and singular, these rights and interests unto the CITY OF s
COLLEGE STATION, TEXAS, and its successors and assigns, against every
person whomsoever lawfully claiming, or to claim same, or any part thereof.
�„
•
i /✓dmar94 /guaranty
- ON10/94
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• I EXECUTED this �V day of , 1994. .
I
I , GUARANTY FEDERAL BANK F•S,B. •
i . c ae •ornwa , •resi.ent I �
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;r
APPROVED AS TO FORM, !
THIS DOCUMENT MAY NOT 1
BE CHANGED WITHOUT
RE- SUBMISSION FOR APPROVAL.
I
i
I • STATE OF TE S
CORPORATE ACKNOWLEDGMENT
COUNTY OF
i
pis instrument was acknowledged before me on the 36 day of
I Rir ..61 1994, by J. MICHAEL CORNWALL, as President
6 IARANTY FEDERAL B F.S,B., on Its behalf.
i'•ta Public In a41k.____11/--
or .
e State of Texas
,Y �`" JOYCE A. ZIEBOLD
1* NOTARY PUBLIC
I i7 tor Co mm Exp. 03 ' •
State
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VOL z1 63 rIG n224 ' • •
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FIELD NOTES
20 FOOT WIDE PUBLIC UTILITY EASEMENT
0.1444 Acres
Being all that certain tract or parcel of land lying and being .
situated in the J. E. SCOTT LEAGUE, Abstract No. 50, in College
Station, Brazos County, Texas, and being a portion of the 0.986
Acre Tract called Tract One conveyed by Robert B. Waltman to
Guaranty Federal Bank, F.S.B. on June 12, 1992, by Warranty Deed
Recorded in Volume 1525, Page 262 of the Official Records of Brazos .,
County, Texas and being more particularly described by metes and
bounds as follows:
BEGINNING: at a 5/8 -inch iron rod found at the most southerly
corner of the said 0.986 Acre Tract, said iron rod also being in
the northwest right -of -way line of F.M. 60 (University Drive)/
THENCE: N 45 22' 10" W along the southwest lino of said 0.986
Acre Tract, also being a common line with the northeast line of a
called 1.622 Aoro Tract as described by a deed recorded in Volume
189, Page 403 of the Deed Records for a distance of 314.43 feet to
a 5/8 -inch iron rod found in the southeast right -of -way line of
Church Street (based on a 40 -foot width), according to a deed
recorded in Volume 303, Page 823 of the Deed Records/
THENCE: N 44' 25' 00" E along said Church Street right -of. -way for
a distance of 20.00 feet to a PK nail set in asphalt for corner/ '
THENCE: •S 45' 22' 10" E into the interior of said 0.986 Acre Tract
for a distance of 314.50 feet to a PK nail sot in asphalt for
corner in the southeast line of said tract;
THENCE: S 44 38' 42" W for a distance of 20.00 feet to the POINT ("
OF BEGINNING and containing 0.4444 acres of land, more or less.
I, Michael R. McClure, Registered Professional Surveyor No. 2859 in
the State of Texas do certify to the best of my knowledge
information and belief and in my professional opinion that this
survey is true correct and agrees with a survey made on the ground
under my supervision.
By: � � ///46/4T T `..
Michael R. McClure, R.P.L.S. J #2859
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