HomeMy WebLinkAbout2012-3457 - Ordinance - 11/08/2012 ORDINANCE NO. 202- 31/57
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND
ABANDONING AN UNIMPROVED PORTION OF EMERALD PARKWAY RIGHT -OF-
WAY IN THE CITY OF COLLEGE STATION, TEXAS.
WHEREAS, the City of College Station, Texas, has received an application for the vacation and
abandonment of a 1.03 acre portion of unimproved Emerald Parkway right -of -way; a 0.38 acre
portion of which was conveyed via Right -of -Way Deed recorded in Volume 1162, Page 613 of
the Official Records of Brazos County, Texas; and a 0.65 acre portion dedicated by plat,
recorded in Volume 488 Pages 593 of the Official Records of Brazos County, Texas, as
described in Exhibit "A" attached hereto (such portion hereinafter referred to as the "Right -of-
Way "); and
WHEREAS, in order for the Right -of -Way 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 Right -of -Way
described in Exhibit "A" attached hereto and made a part of this ordinance for all
purposes.
1. Abandonment of the Right -of -Way will not result in property that does not
have access to public roadways or utilities;
2. Other than as set forth herein, there is no public need or use for the Right -
of -Way;
3. Except as may be provided for in this ordinance, there is no anticipated
future public need or use for the Right -of -Way;
4. As set forth in this ordinance, abandonment of the Right -of -Way will not
impact access for all public utilities to serve current and future customers;
and
5. Utility infrastructure exists within the Right -of -Way and the City has a
continuing need for current as well as future public utilities to be located
within the Right -of -Way, and said uses are expressly not abandoned
herein in those geographic areas where a Public Utility Easement as
substantially set forth in Exhibit `B" attached hereto has been properly
• executed and recorded.
P: IAGEN- CALIIn Review111 -8 -12 (Deadline 10.23.12)\XTanya1300I Earl Rudder13-Attachment 3 - Ordinance with attachments 2 FINAL.doc
ORDINANCE NO. ,20/a " 3g5 Page 2
PART 2: That the Right -of -Way of the portion of unimproved Emerald Parkway as
described in Exhibit "A" be abandoned and vacated by the City under the terms
and conditions as set forth in this ordinance.
PART 3: That this ordinance shall not be effective until the proper execution and filing in
the deed records of Brazos County, Texas, of the Public Utility Easement in the
form as substantially set forth in Exhibit "B" attached hereto and made a part
hereof for all purposes.
PASSED, ADOPTED and APPROVED this day of gi(,Q,), 4 , 2012.
APPROVED:
•
Mayor
ATTEST:
City Secretar 4
APPROVED:
City Attorney
P: IAGEN- CALIIn Reviewl11 -8 -/2 (Deadline 10.23.12)\XTanya13001 Earl Rudderl3- Attachment 3 - Ordinance with attachments 2 FINAL.doc
Fieldnote Description to 1.03 Acres
City of College Station
Morgan Rector League, A -46
Brazos County, Texas
Right of Way Release Tract
Fieldnotes to all that certain lot, tract, or parcel of land situated in the City of College Station, Morgan Rector League,
A -46, Brazos County, Texas, being 1.03 acres, more or less, and being comprised of approximately 0.65 acre of the
Original Emerald Parkway Right of Way as shown on a Corrected Plat of Emerald Forrest, Phase One, filed July 16,
1981, and recorded in Volume 488, Page 593, Part of a called 300.00 acre tract as described in a deed executed
January 18, 1978, from Land Part No. 1 to Allen Swoboda, Trustee, recorded in Volume 389, Page 407, part of a called
1.55 acre tract as described in a Correction Deed dated July 20, 2012, from Patsy Gayle Swoboda, Trustee to
Paesuerta, LP, and recorded in Volume 10799, Page 26, and a portion of a Right of Way conveyed to the City of
College Station by Haldec, Inc. of record in Volume 1162, Page 613, Deed Records, Brazos County, Texas, to which
references are hereby made to for any and all purposes. Said tract described as follows, to wit:
BEGINNING at a %2" iron rod found in the intersection of the eastern right of way of State Highway 6 and the southern
limit of Emerald Parkway at a western northwest corner of Lot 1 of the Agency Records Control, Inc. subdivision, of
record in Volume 612, Page 589. Same being the southwestern corner of the original Emerald Parkway right of way,
the southwest corner of said City of College Station Easement, and the southwestern corner of the aforesaid 1.55 acre
tract;
THENCE NORTH 01 °51'31" WEST, along the eastern right of way of State Highway 6 and crossing the old Emerald
Parkway right of way, passing at 110.0 feet the northwestern corner of said original right of way, continuing a total
distance of 131.46 feet to a point in said line for corner. Same being the western northwest corner of a utility easement
described this same date and being thirty feet perpendicular to and southeasterly of an existing storm drain. Said point
bears S01 °51'31 "E 45.34 feet from the back of curb of the existing Emerald Parkway;
THENCE NORTH 67 °16'02" EAST 52.26 feet, generally thirty feet southeasterly of and parallel to said
storm drain Tine, to a point for bend which is thirty feet southerly of the existing back of curb of the existing
Emerald Parkway;
THENCE in an eastern direction, along a proposed right of way line and generally thirty feet southerly of the existing
back of curb of the existing Emerald Parkway, as follows:
SOUTH 89 °29'02" EAST 226.23 feet to a point for bend,
SOUTH 85 °26'44" EAST, passing at 75.40 feet a northwestern corner of the aforesaid easement,
passing at 95.62 feet a northeastern corner of said easement, continuing a total distance of 140.06
feet to a point for bend, and
SOUTH 81 °44'28" EAST, passing at 98.26 feet an eastern corner of said easement, continuing a
total distance of 181.37 feet to a point in the southern right of way of the original Emerald Parkway
right of way and the northern line of the aforesaid Agency Records Control tract. Said point being
the eastern corner of the aforementioned utility easement. From said point an iron rod found for a
bend in said northern line bears S89 °59'55 "E 208.18 feet;
THENCE in a western direction, along the southern right of way of the original Emerald Parkway right of
way, the northern line of said Agency Records Control tract, and the southern limit of said utility easement,
as follows:
NORTH 89 °59'55" WEST 17.88 feet to an iron rod found for the beginning of a curve to the left (the
radius point bears S00 °01'01 "W 658.98 feet),
Along the arc of said curve (CA =16 °31'01 "; LC=S81°45'30"W 189.31 feet) at 189.97 feet a point for
the end of said curve,
SOUTH 73 °30'00" WEST 85.00 feet to an iron rod found for the beginning of a curve to the right
(the radius point bears N16 °30'02 "W 808.38 feet),
Along the arc of said curve (CA =14 °38'31 "; LC =S80 °49'14 "W 206.02 feet) at 206.58 feet an iron
rod found for the end of said curve,
W:1651 \651662- ROW \651662- row - release.doc
SOUTH 88 °08'29" WEST 75.01 feet (this line was used as the basis of bearings) to an iron rod
found for the beginning of a curve to the left (the radius point bears S01 °51'31 "E 25.00 feet), and
Along the arc of said curve (CA =90 °00'00 "; LC =S43 °08'29 "W 35.36 feet) at 39.27 feet the Point of
Beginning and containing 1.03 acres, more or less, as shown on the accompanying survey plat of
7//4 1 dale herewith.
Kirk Raymond. R.P.L.S. 4957
Goodwin - Lasiter, Inc.
College Station, Texas
July 24, 2012
OF p
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its
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W:16511651662- ROW1651662- row- release.doc
Fieldnote Description to 0.28 Acres
City of College Station
Morgan Rector League, A -46
Brazos County, Texas
Utility Easement Tract
Fieldnotes to that certain utility easement situated upon, over, and across a parcel of land situated in the City of
College Station, Morgan Rector League, A -46, Brazos County, Texas, occupying 0.28 acres, more or less, and being
situated on a part of the Original Emerald Parkway Right of Way as shown on a Corrected Plat of Emerald Forrest,
Phase One, filed July 16, 1981, and recorded in Volume 488, Page 593, situated on a part of a called 300.00 acre tract
as described in a deed executed January 18, 1978, from Land Part No. 1 to Allen Swoboda, Trustee, recorded in
Volume 389, Page 407, situated on a part of a called 1.55 acre tract as described in a Correction Deed dated July 20,
2012, from Patsy Gayle Swoboda, Trustee to Paesuerta, LP and recorded in Volume 10799, Page 26, and situated on
a portion of a Right of Way conveyed to the City of College Station by Haldec, Inc. of record in Volume 1162, Page
613, Deed Records, Brazos County, Texas, to which references are hereby made to for any and all purposes. Said
easement described as follows, to wit:
BEGINNING at a %2" iron rod found in the intersection of the eastern right of way of State Highway 6 and the southern
limit of the original Emerald Parkway at a western northwest corner of Lot 1 of the Agency Records Control, Inc.
subdivision, of record in Volume 612, Page 589. Same being the southwestern corner of the original Emerald Parkway
right of way, the southwest corner of said City of College Station Easement, the southwest corner of the referenced
1.55 acre tract, and the southwestern corner of a 1.03 acre right of way release tract described this same date;
THENCE NORTH 01 °51'31" WEST, along the eastern right of way of State Highway 6 and crossing the old Emerald
Parkway right of way, passing at 110.0 feet the northwestern corner of said original right of way, continuing a total
distance of 131.46 feet to a point in said line for corner. Same being the western northwest corner of said right of way
release tract and being thirty feet perpendicular to and southeasterly of an existing storm drain. Said point bears
S01 °51'31 "E 45.34 feet from the back of curb of the existing Emerald Parkway;
THENCE NORTH 67 °16'02" EAST 16.73 feet, generally thirty feet southeasterly of and parallel to said storm
drain, across the referenced tract and in part with the southern limit of said right of way release tract, to a point for
this western northeast corner;
THENCE across and within the aforesaid 1.55 acre tract, as follows:
SOUTH 01 °51'31" EAST 97.42 feet to a point for bend,
NORTH 88 °08'29" EAST 84.38 feet, fifteen feet parallel to and northerly of the southern limit of the
original Emerald Parkway right of way, to a point for the beginning of a curve to the left (the radius
point bears N01 °51'31 "W 793.38 feet),
Along the arc of said curve (CA =14 °38'31 "; LC =N80 °49'14 "E 202.20 feet) at an arc length of
202.75 feet a point for the end of said curve,
NORTH 73 °30'00" EAST 19.19 feet to a point which is twenty feet northwesterly of the centerline of
an existing sanitary sewer service,
NORTH 25 °59'43" EAST 61.50 feet, parallel to said service line, to a point for bend,
NORTH 12 °56'02" EAST 7.55 feet, continuing parallel to a sewer line, to a point for a northwestern
corner. Same being in the northerly limit of the aforementioned 1.03 acre tract and from which a
bend in said 1.03 acre tract bears N85 °26'44 "W 75.40 feet;
THENCE SOUTH 85 °26'44" EAST 20.22 feet, along the northern limit of said 1.03 acre tract and generally
thirty feet southerly of an existing back of curb line along the southern side of the existing Emerald
Parkway, to a point for this northeastern corner. From said point a bend in the northern limit of said 1.03
acre tract bears S85 °26'44 "E 44.44 feet;
THENCE departing from said northern limit and continuing across and within the referenced tract, as
follows:
SOUTH 12 °56'02" WEST 4.92 feet, twenty feet easterly of and parallel to an existing sewer line, to
a point for bend,
W:\651\651 662- ROW \651662easement.doc
SOUTH 54 °51'11" EAST 52.24 feet, twenty feet easterly of and parallel to an existing sewer
service line, to a point in the arc of a curve to the right (the radius point bears S14 °05'33 "E 673.98
feet). Same being fifteen feet northerly of the southern limit of the original Emerald Parkway right
of way,
Along the arc of said curve (CA =08 °37'43 "; LC =N80 °13'18 "E 101.40 feet) at an arc length of
101.50 feet a point in the northern limit of said 1.03 acre tract. From said point a bend in said
northern limit bears N81 °44'28 "W 98.26 feet, and
SOUTH 81°44'28" EAST 83.11 feet to a point for this eastern corner and the eastern corner of said
1.03 acre tract in the southern limit of the original Emerald Parkway right of way. From said point
an iron rod found for a bend in the northern line of the aforementioned Agency Records Control
tract bears S89 °59'55 "E 208.18 feet;
THENCE in a western direction with said southern limit and the northern line of said Agency Records
Control tract, as follows:
NORTH 89 °59'55" WEST 17.88 feet to an iron rod found for the beginning of a curve to the left (the
radius point bears (S00 °01'01 "W 658.98 feet),
Along the arc of said curve (CA =16 °31'01 "; LC =S81 °45'30 "W 189.31 feet) at an arc length of
189.97 feet a point for the end of said curve,
SOUTH 73 °30'00" WEST 85.00 feet to an iron rod found for the beginning of a curve to the right
(the radius point bears N16 °30'02 "W 808.38 feet),
Along the arc of said curve (CA =14 °38'31 "; LC =S80 °49'14 "W 206.02 feet) at an arc length of
206.58 feet an iron rod found for the end of said curve,
SOUTH 88 °08'29" WEST 75.01 feet (this line was used as the basis of bearings) to an iron rod
found for the beginning of a curve to the left (the radius point bears S01 °51'31 "E 25.00 feet), and
Along the arc of said curve (CA =90 °00'00 "; LC =S43 °08'29 "W 35.36 feet) at an arc length of 39.27
feet the Point of Beginning. The herein described easement occupies 0.28 acres, more or less, as
shown on the accompanying survey plat of even date herewith.
Ki Ra mond , R.P.L.S. 4957
y
Goodwin - Lasiter, Inc.
College Station, Texas
July 24, 2012
OF T
t_ G I S T C'
KIRK RAYMOND
r o � 4957
s s '9 ''
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