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HomeMy WebLinkAbout2011-3349 - Ordinance - 06/09/2011� J ORDINANCE NO. 2011 -3349 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.445 ACRE, 20 -FOOT WIDE SANITARY SEWER EASEMENT, WHICH IS LOCATED ON A 0.54 AND A 26.12 ACRE TRACT AS DESCRIBED BY A DEED TO EMERALD RIDGE ESTATES, LTD. RECORDED IN VOLUME 8843, PAGE 107 & 110 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AS WELL AS A 4,651 SQUARE FOOT, 20 -FOOT WIDE SANITARY SEWER EASEMENT, WHICH IS LOCATED ON AN 18.45 ACRE TRACT AS DESCRIBED BY A DEED TO EMERALD RIDGE ESTATES, LTD. RECORDED IN VOLUME 8337, PAGE 36 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 0.445 acre, 20 -foot wide sanitary sewer easement, which is located on a 0.54 and a 26.12 acre tract as described by a deed to Emerald Ridge Estates, Ltd. recorded in Volume 8843, Page 107 & 110 of the Deed Records of Brazos County, Texas, as well as a 4,651 square foot, 20 -foot wide sanitary sewer easement, which is located on an 18.45 acre tract as described by a deed to Emerald Ridge Estates, Ltd. recorded in Volume 8337, Page 36 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. j ORDINANCE NO. 2011 -3349 Page 2 PART 2: That the Easement as described in Exhibit "A" be abandoned and vacated by the City. PASSED, ADOPTED and APPROVED this qk- day of 0-- APPROVED: ATTEST: City Secreta APPROVED: Mayor v , 2011. i '' • �.1� f yeti- le 6 METES AND BOUNDS DESCRIPTION OF A 20' SANITARY SEWER EASEMENT MORGAN RECTOR LEAGUE, A-46 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF A 20.00 FOOT WIDE SANITARY SEWER EASEMENT LYING AND BEING SITUATED IN THE MORGAN RECTOR LEAGUE, ABSTRACT NO. 46, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING COMPRISED OF A 20.00 FOOT WIDE SANITARY SEWER EASEMENT DESCRIBED IN VOLUME 518, PAGE 246 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND ANOTHER 20.00 FOOT WIDE SANITARY SEWER EASEMENT DESCRIBED IN VOLUME 518, PAGE 231 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENTS CURRENTLY BEING A PORTION OF A CALLED 0.54 ACRE TRACT AS DESCRIBED BY A DEED TO EMERALD RIDGE ESTATES, LTD. RECORDED IN VOLUME 8843, PAGE 107 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND A PORTION OF A CALLED 26.12 ACRE TRACT AS DESCRIBED BY A DEED TO EMERALD RIDGE ESTATES, LTD. RECORDED IN VOLUME 8843, PAGE 110 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A'Y INCH IRON ROD FOUND ON THE NORTHERLY LINE OF EMERALD PARKWAY (80'R-O.W.) MARKING THE NORTHWEST CORNER OF SAID 0.54 ACRE TRACT AND THE SOUTH CORNER OF BUCHANAN ESTATES ACCORDING TO THE PLAT RECORDED IN VOLUME 5516, PAGE 118 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A 5/8 INCH IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID 26.12 ACRE TRACT BEARS: S 78° 14'20" E FOR A DISTANCE OF 979.73 FEET; THENCE: S 42° 17' 51" W ALONG THE END OF THE PLATTED RIGHT -OF -WAY OF EMERALD PARKWAY AND THE COMMON LINE OF SAID 0.54 ACRE TRACT AND EMERALD FOREST, PHASE SEVEN, ACCORDING TO THE PLAT RECORDED IN VOLUME 605, PAGE 773 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, FOR A DISTANCE OF 149.27 FEET TO THE NORTH LINE OF SAID 20.00 FOOT EASEMENT, 518 /246, AND THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED EASEMENT; THENCE: S 57'25 . '21" E THROUGH SAID 0.54 ACRE TRACT AND SAID 26.12 ACRE TRACT AND ALONG THE NORTH LINE OF SAID EASEMENT (518/246) FOR A DISTANCE OF 43.85 FEET TO THE END OF SAID EASEMENT (518/246) AND THE BEGINNING OF SAID SECOND 20.00 FOOT WIDE SANITARY SEWER EASEMENT, 518/231; THENCE: THROUGH SAID 26.12 ACRE TRACT AND ALONG THE NORTH LINES OF SAID 20.00 FOOT WIDE EASEMENT, 518/231, FOR THE FOLLOWING CALLS: S 61 13'45" E FOR A DISTANCE OF 302.87 FEET; N 86 50'33" E FOR A DISTANCE OF 449.20 FEET; S 65 00'07" E FORA DISTANCE OF 172.27 FEET TO A 3/8 INCH IRON ROD FOUND ON THE EAST LINE OF SAID 26.12 ACRE TRACT MARKING THE NORTH CORNER OF A CALLED 18.45 ACRE TRACT AS DESCRIBED BY A DEED TO EMERALD RIDGE ESTATES, LTD. RECORDED IN VOLUME 8337, PAGE 36 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, SAID 18.45 ACRE TRACT ALSO BEING KNOWN AS SANDY RIDGE, ACCORDING TO THE PLAT RECORDED IN VOLUME 501, PAGE 473 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; 1 THENCE: S 42'02'14" W ALONG THE COMMON LINE OF SAID 26.12 ACRE TRACT AND SAID 18.45 ACRE TRACT FOR A DISTANCE OF 20.92 FEET TO THE SOUTH LINE OF SAID 20.00 FOOT EASEMENT, 518/231; THENCE: THROUGH SAID 26.12 ACRE TRACT AND ALONG THE SOUTH LINES OF SAID EASEMENT (518/231) FOR THE FOLLOWING CALLS: N 65 00'07" W FOR A DISTANCE OF 161.13 FEET; S 86 50'33" W FOR A DISTANCE OF 449.90 FEET; N 61 13'45" W FOR A DISTANCE OF 313.34 FEET TO THE END OF SAID EASEMENT (518/231) AND THE BEGINNING OF SAID FIRST 20.00 FOOT EASEMENT, 518/246; THENCE: N 57'25'43" W CONTINUING THROUGH SAID 26.12 ACRE TRACT AND THROUGH SAID 0.54 ACRE TRACT AND ALONG THE SOUTH LINE OF SAID EASEMENT (5181246) FOR A DISTANCE OF 43.92 FEET TO THE COMMON LINE OF SAID 0.54 ACRE TRACT AND EMERALD FOREST, PHASE SEVEN; THENCE: N 42° 17'51" E ALONG THE COMMON LINE OF SAID 0.54 ACRE TRACT AND EMERALD FOREST, PHASE SEVEN, FORA DISTANCE OF 20.57 TO THE POINT OF BEGINNING, CONTAINING 0.445 OF AN ACRE OF LAND, MORE OF LESS, AS SURVEYED ON THE GROUND. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:1WORK/MAB /09- 667E.MAB BRAD KEF1R �ocmcot.uaacoe000cec l 1 4502 \�y ,c � �,�-, p4 �r u d, MA logo ?o coo �� u P o . �,yj O °o � \ Sao °� h �O J Z F- Gk, 1p S prA S \ 0 ' w s� "� w - �fy O m0 0 -a! ° w O c o ° w a o � W N rn LL- W�� Wv=, m J O) t77 ' (D OD z O_ w Q d ZWN00 1- m pZ U) pw ° z�F a: W Q (n mo LO s O o rn° •^ i� w ¢ 7d�? yam " ✓^ I 0 C i M j z N w L P LO O c� -m Sim Sn a e ✓ °.i7 (O Z0° �+1U to 00 C�a m0� W W Za w 6 1 - Z (n O o § x 5 5 3 w 3 3 w coo /(r 1 �,.'), n '•T) y .kl1. °� �l� J � N Z t!1 N .�- , 4'1 U) 01) N O N ww Z I N W Q N m W m N N I J o w LLI \ F- ? J J J J ' U \\ N W LLJ f- \� 0 \ CK 1- ry W \ / C,m O � ^i z 't ~ U 1 -iQ� A ^ w I � : ,_ w Q z J ONd ILWLq 0 r � LLJ ( o �m m ZOrm ZWOCO �� W�U POrnr.wto mrm M ^� h ~ Z� 0 C* tD O 1 0 \\ ^ a g �' � fn F w m co O t : 03 mZ (p 'A) d Q Z J� II U 1 OOy Kw N . S 0 G7 ^ LLJ M w l O n CO ZQ > 0 V) Q O m ZD�m Y > Qa v �O \\ � - > W U OZRQ j V�w •,/ W W Q m of 0 ~mO 0 7 w z 0 �_ �N.a --j wUO P Sa� \ ¢ ~ QF ¢ -N EL �O ww N ry V) (D () U) a U) NN �Q �O v M\ M N :2 U N S) W N J ZZa 2 LJ Vjw / N - 0 co 0 \ N t` 1f� IJ METES AND BOUNDS DESCRIPTION OF A 20' SANITARY SEWER EASEMENT MORGAN RECTOR LEAGUE, A -46 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF A 20.00 FOOT WIDE SANITARY SEWER EASEMENT LYINGAND BEING SITUATED IN THE MORGAN RECTOR LEAGUE, AB STRACT NO.46, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING A PORTION OF A CALLED 20.00 FOOT WIDE SANITARY SEWER EASEMENT DESCRIBED IN VOLUME 525, PAGE 726 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING A PORTION OF A CALLED 18.45 ACRE TRACT AS DESCRIBED BY A DEED TO EMERALD RIDGE ESTATES, LTD. RECORDED IN VOLUME 8337, PAGE 36 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, SAID 18.45 ACRE TRACT ALSO BEING KNOWN AS "SANDY RIDGE" ACCORDING TO THE PLAT RECORDED IN VOLUME 501, PAGE 473 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 3/8 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF A CALLED 26.12 ACRE TRACT AS DESCRIBED BY A DEED TO EMERALD RIDGE ESTATES, LTD. RECORDED IN VOLUME 8843, PAGE 110 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE NORTH CORNER OF SAID 18.45 ACRE TRACT AND THE WEST CORNER OF A CALLED 65.07 ACRE TRACT AS DESCRIBED BY A DEED TO J. GARLAND WATSON, JR AND LAURIE QUINN WATSON RECORDED IN VOLUME 3005, PAGE 335 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 65'00'07" E ALONG THE COMMON LINE OF SAID 18.45 ACRE TRACT AND SAID 65.07 ACRE TRACT FOR A DISTANCE OF 208.46 FEET, FOR REFERENCE A 1 INCH SQUARE BAR FOUND ON THE NORTHEAST LINE OF SAID 18.45 ACRE TRACT BEARS: S 65° 00'07" E FOR A DISTANCE OF 637.64 FEET; THENCE: S 39° 34'27" E THROUGH SAID 18.45 ACRE TRACT FOR A DISTANCE OF 46.58 FEET TO AN ANGLE POINT IN SAID EXISTING EASEMENT; THENCE: N 65° 00' 07" W CONTINUING THROUGH SAID 18.45 ACRE TRACT AND ALONG THE SOUTHWEST LINE OF SAID EXISTING EASEMENT FOR A DISTANCE OF 256.66 FEET TO THE COMMON LINE OF SAID 18.45 ACRE TRACT AND SAID 26.12 ACRE TRACT, FOR REFERENCE A 3/8 INCH IRON ROD FOUND MARKING THE SOUTHWEST CORNER OF SAID 18.45 ACRE TRACT BEARS: S 42'02'14" W FORA DISTANCE OF 1169.47 FEET; THENCE: N 42'02'14" E ALONG THE COMMON LINE OF SAID 18.45 ACRE TRACT AND SAID 26.12 ACRE TRACT FOR A DISTANCE OF 20.92 FEET TO THE POINT OF BEGINNING CONTAINING 4651 SQUARE FEET (0.11 OF AN ACRE) OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. SEE PLAT PREPARED MAY 2011 FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D : / W ORK/MAB/ 11 -241. MAB 1- 1 40 1 19 9 q 0 0 1 get) Ws 0069 0 o000 BRAD KERR 000e01%4. *go a(+ e00000e600a0 ° ° "0 4502 Q ;; 6A s C)C4 006 000 ° 4 s Z x4,�► — W a �j J N. U :t � yo m� V) 6 CC Lo "o UJ 4 0 S r/ Z � �� ix U Z x ,i F A o z Q z h� o 0a� oq' J W Q N mo OZW ^ r FWU\ W� c ° a T W < \ O / Q W oo D\ �� z o Z�J O Q = OQ Z Q� a. i,., ww ^ O z xx ^ �d Q o z� o' N � � C, m a 5 3 �� w o 0 0 �w �M Zz woo n � m0 z U) LL 0� M O Z � Z v H c9 o Z d v U' w z n W I c gym^ LLI t) W � Zxo ag ° Z wo o�� 8m�C) I — - � (. D N'f v i p M 4 O N N m LLI LL, W� 9 9/ ! �¢ }WU az x x�ir ~ N Qt O 0 �f \ L, Cr 0] W Z F- l � pO y �O R a� t9i a p �$ Lo to m ws N \� z W U v a W N J WN0�0 \ JO