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HomeMy WebLinkAbout2013-3475 - Ordinance - 01/24/2013 • ORDINANCE NO. 2D/3 — 3 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.03 ACRE PORTION OF THE 15 -FOOT WIDTH RIGHT OF WAY, SAID PORTION LYING ALONG LOTS 1, 2, 11 & 12, BLOCK B, OF THE COLLEGE HEIGHTS SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 7623, PAGE 231 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 portion of the 15 -foot Width Right -of -Way, said portion lying along Lots 1, 2, 11 & 12, Block B, of the College Heights Subdivision, according to the plat recorded in Volume 7623, Page 231, 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 P: IAGEN -CALVn Review11- 24- 131ROW Abandonment Aggieland Outfitters13- Attachment 3- Ordinance.doc • PART 2: That the Right -of -Way as described in Exhibit "A" be abandoned and vacated by the City only upon completion of the following condition: 1. That the Applicant shall, upon completion of the removal and relocation of the sanitary sewer main, convey by separate instrument or plat to the City a public utility easement or right -of- way at the location of said sanitary sewer main, in a form acceptable to the City. ORDINANCE NO. 20/3" 34'75 Page 2 PASSED, ADOPTED and APPROVED this ,2 day of JQ/lLtalt.ta , 2013. APPROVED: 1F NANCY BE , Mayor ATTEST: • SHERRY d ASHBURN, City Secretary APPROVED: Lida j City Attorney 4 P: IAGEN- CALIIn Review\ /- 24- 131ROW Abandonment Aggieland Outfrtters\3- Attachment 3- Ordinance.doc ALLEY METES AND BOUNDS DESCRIPTION OF A 0.03 ACRE TRACT PORTION OF 15' ALLEY, BLOCK `B' COLLEGE HEIGHTS COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A 15' ALLEY, BLOCK `B', COLLEGE HEIGHTS ACCORDING TO THE PLAT RECORDED IN VOLUME 124, PAGE 259 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWEST LINE OF SAID ALLEY MARKING THE NORTH CORNER OF LOT 11 AND THE EAST CORNER OF LOT 10 OF SAID BLOCK B'. FOR REFERENCE, A 5/8 INCH IRON ROD FOUND ON THE NORTHEAST LINE OF EISENHOWER STREET MARKING THE COMMON CORNER OF SAID LOTS 10 AND 11 BEARS: S 41° 24' 06" W FOR A DISTANCE OF 137.50 FEET (PLAT CALL AND MEASURED DISTANCE); THENCE: N 41° 24' 06" E THROUGH SAID ALLEY FOR A DISTANCE OF 15.00 FEET TO A POINT MARKING THE WEST CORNER OF LOT 2 AND THE SOUTH CORNER OF LOT 3 OF SAID BLOCK `B'. FOR REFERENCE, A 3 /4 INC}I IRON ROD FOUND ON THE SOUTHWEST LINE OF NIMITZ STREET MARKING THE COMMON CORNER OF SAID LOTS 2 AND 3 BEARS: N 41° 24' 06" E FOR A DISTANCE OF 137.73 FEET (PLAT CALL DISTANCE: 137.50 FEET); THENCE: S 49° 36' 26" E ALONG THE SOUTHWEST LINE OF SAID LOT 2, AT 75.05 FEET PASS A V2 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF A CALLED 0.316 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO KALGROUP PROPERTIES, LP RECORDED IN VOLUME 8579, PAGE 45 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, CONTINUE ON ALONG THE SOUTHWEST LINE OF SAID 0.316 ACRE TRACT FOR A TOTAL DISTANCE OF 100.00 FEET TO A POINT MARKING THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 41° 23' 53" W CONTINUING ALONG THE SOUTHWEST LINE OF SAID 0.316 ACRE TRACT FOR A DISTANCE OF 15.00 FEET TO A POINT ON THE NORTHEAST LINE OF LOT 12 OF SAID BLOCK 'B' MARKING THE SOUTHWEST CORNER OF SAID 0.316 ACRE TRACT AND THE NORTH CORNER OF A CALLED 0.213 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO 303A PROPERTIES, LLC RECORDED IN VOLUME 8579 PAGE 27 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. FOR REFERENCE, A' 'A INCH IRON ROD FOUND ON THE NORTHWEST LINE OF UNIVERSITY DRIVE MARKING THE EAST CORNER OF SAID LOT 12 BEARS: S 49° 36' 26" E FOR A DISTANCE OF 67,53 FEET (DEED CALL DISTANCE: 67.50 FEET, 8579/27); THENCE: N 49° 36' 26" W ALONG THE NORTHEAST LINE OF SAID LOTS 11 AND 12 FOR A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.03 OF AN ACRE OF LAND (1500 SQ. FT.), AS SURVEYED ON TIME GROUND JULY, 2012. SEE PLAT P 'P RED NOVEMBER, 2012, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN H a , EIN I' . ASED ON GRID NORTH AS ESTABLISHED BY GPS OBSERVATION. BRAD KERR • e` .O,F� T REGISTERED PROFESSIONAL /, `'�Q� ' , 'R `�a ;' LAND SURVEYOR No. 4502 !4 ..b......... • BRAD KERCI' C:/WORK/MAB /12 -456A ' • 4502 • ' .. Qpo * i /s sSNQ IOQ � • 0 SURN. E-- m � N Q N I A A Z ¢7 .. = ` <Pl . z o H W 0 ' N N to � w t,� M /' A' • °• e„ • Cr Ci' a I x z 0. i__ J O w a. 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