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HomeMy WebLinkAbout2013-3480 - Ordinance - 02/14/2013 • ORDINANCE NO. 26/3 - 3440 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.77 ACRE PORTION OF THE CULPEPPER DRIVE RIGHT OF WAY, SAID PORTION LYING ALONG LOTS 4 THROUGH 13, BLOCK 9, OF THE SECOND REVISION, OAK TERRACE ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 152, PAGE 237 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND THE 0.88 ACRE ENTIRETY OF THE MILAM AVENUE RIGHT OF WAY, SAID RIGHT OF WAY LYING BETWEEN BLOCKS 9 AND 10, OF THE SECOND REVISION, OAK TERRACE ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 152, PAGE 237 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas (hereinafter referred to as "CoCS "), has received an application from The Texas A &M University System (hereinafter referred to as "TAMUS ") for the vacation and abandonment of a 0.77 acre portion of the Culpepper Drive Right of Way, said portion lying along lots 4 through 13, block 9, of the Second Revision, Oak Terrace Addition, according to the plat recorded in Volume 152, Page 237 of the Official Records of Brazos County, Texas, and a 0.88 acre portion of the Milam Avenue Right of Way, said Right of Way lying between Blocks 9 and 10, of the Second Revision, Oak Terrace Addition, according to the plat recorded in Volume 152, Page 237 • of the Official Records of Brazos County, Texas, as collectively described in Exhibit "A" attached hereto (such portions hereinafter referred to as the "Right -of- Way "); and WHEREAS, TAMUS proposes a multi - family residential development of approximately 14 acres in the City of College Station which necessitates the abandonment of the Right - of -Way and associated removal, reconstruction and/or realignment of public infrastructure (the "Project "). This abandonment is necessary for the preservation and enjoyment of the substantial property right of the applicant; and WHEREAS, the Project will provide a public benefit to the citizens of CoCS by redeveloping property in the Northgate area including the replacement of aging and in some cases dilapidated infrastructure; 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 all statements made in the caption, preamble, preliminary recitals and documents attached to this ordinance are true, correct, and incorporated by • reference. • PART 2: 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; and 1. Abandonment of the Right -of -Way will not result in property that does not have access to public roadways or utilities; and 2. Other than as set forth herein, there is no public need or use for the Right -of -Way; and 3. Except as provided for in this ordinance, there is no anticipated future public need or use for the Right -of -Way; and 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 CoCS 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" (15 foot Public Utility Easement) attached hereto has been properly executed and recorded; and 6. TAMUS intends to relocate the existing public utility infrastructure located in the Right -of -Way to a replacement and existing Public Utility Easements and existing rights of way. PART 3: That, in order to achieve the public benefits of the Project, the City Council hereby abandons and vacates the Right -of -Way as described in Exhibit "A" only under the terms and conditions as set forth in this ordinance and, pursuant to Section 272.0010) of the Texas Local Government Code, hereby donates all of CoCS' right, title and interest in and to the Right -of -Way to TAMUS, an institution of higher education, as that term is defined by Section 61.003, Education Code, to promote a public purpose related to higher education and hereby authorizes the City Manager to execute a Quit -Claim Deed for and on behalf of the CoCS to convey the Right -of -Way to TAMUS in form and substance acceptable to the City Attorney. PART 4: That the 0.77 acre portion of the Culpepper Drive Right of Way, said portion lying along lots 4 through 13, block 9, of the Second Revision, • Oak Terrace Addition, according to the plat recorded in Volume 152, Page • 237 of the Official Records of Brazos County, Texas, and a 0.88 acre portion of the Milam Avenue Right of Way, said Right of Way lying between Blocks 9 and 10, of the Second Revision, Oak Terrace Addition, according to the plat recorded in Volume 152, Page 237 of the Official Records of Brazos County, Texas, as described in Exhibit "A" attached hereto, be abandoned only upon completion of all of the following conditions: 1. The abandonment and removal of the Right -of -Way necessitates that TAMUS reconstruct a portion of Cross Street and a portion of Culpepper Drive to the CoCS Comprehensive Plan's Thoroughfare Plan designation of a two (2) lane Minor Collector Street classification as follows: a. The limits of the reconstruction of Cross Street are from Dogwood Street to South College Avenue; and b. The limits of the reconstruction of Culpepper Drive are south of Cross Street to the adjacent property line; and c. The pavement, sidewalks, electric, sanitary, streetlights, trees, streetscape, and benches shall meet both Northgate standards • and the B /CS Unified Standards. More specifically, the reconstructed pavement widths shall be 38 ft wide back of curb to back of curb, constructed of 8 inch thick concrete, and with striping for each street; and d. The subject reconstruction of Cross Street will have parallel parking on at least one side of the street; and e. TxDot Permitting will be required for Cross Street's improved connection to South College Avenue; and f. Sidewalks on each side of Cross Street and one side of Culpepper Drive shall be 8 feet wide, back of curb, and constructed of colored brick pavers; and g. Public Access Easements will be dedicated to CoCS by separate instrument in a form acceptable to CoCS for all sidewalk or street pavement extending beyond existing rights of way; and 2. The abandonment and removal of the Right -of -Way necessitates that TAMUS remove and reconstruct approximately 700 linear feet • • of existing 10 -inch public sanitary sewer line along the reconstructed portion of Cross Street; and 3. The abandonment and removal of the Right -of -Way necessitates that TAMUS remove approximately 1100 linear feet of existing 10 -inch public sanitary sewer line along the portion of Culpepper Drive being abandoned and reconstruct said sewer line as a 21 -inch sanitary sewer line; with such 21 -inch sanitary sewer line designed to be centered along the proposed development drive aisle; and 4. The abandonment and removal of the Right -of -Way necessitates that TAMUS dedicate a 20 -foot Public Utility Easement generally along the newly constructed 21 -inch public sanitary sewer line along Culpepper Drive. This Public Utility Easement will be aligned and centered along the proposed development drive aisle; and 5. The Project proposes to remove an existing 10 -inch public sanitary sewer line adjacent to Block 12, between Lots 2 and 3 of the Second Revision, Oak Terrace Addition necessitating the construction and realignment of approximately 350 linear feet of 10 -inch public sanitary sewer line generally along the southern • development property line to and along the reconstructed portion of Culpepper Drive; and 6. The abandonment and removal of the Right -of -Way necessitates that TAMUS remove an existing public water line located in that portion of Milam Avenue to be removed and reconstruct and realign an 8 -inch public water line for approximately 1000 linear feet along Dogwood Street connecting to the existing public water line at Inlow Boulevard looped to the existing public water line on the southern development property line south of Cross Street; and 7. The abandonment and removal of the Right -of -Way necessitates that a portion of the public overhead electric line along the reconstructed portion of Cross Street and Dogwood Street as described above be removed, reconstructed and realigned as follows: a. TAMUS will be responsible for the costs associated with removing the public overhead electric line along the reconstructed portion of Cross Street and Dogwood Street and reconstructing and realigning the same as an underground electric line located along the southern property line; and • • b. Dedicating Public Utility Easements to CoCS by separate instrument in a form acceptable to CoCS for the above described electric reconstruction and realignment along the southern property line; and 8. Completion of the Project to achieve the public benefits to the citizens of CoCS necessitates that TAMUS: a. dedicate a Temporary Blanket Easement by separate instrument to CoCS in a form acceptable to CoCS for the entire proposed development acreage. The Temporary Blanket Easement will be required until TAMUS relocates and reconstructs all necessary public infrastructure as described herein, CoCS accepts such public infrastructure, and TAMUS dedicates to CoCS specific Public Utility and Access Easements as described herein; and b. Provide surety for all public infrastructure to be reconstructed or realigned; and c. Provide necessary public infrastructure meeting the B /CS Unified Standards for all public infrastructure. This includes • but is not limited to TAMUS providing construction plans, construction surety, reports, construction testing, utility fees, and as- builts, and for the CoCS City Engineer to approve design, construction plans, and construction inspection, including CS Fire Marshall review; and d. Orient building structures in the Project to front on each side Cross Street so there is no parking lot(s) between the building structures and Cross Street; and e. Obtain driveway permits for all driveways in the Project, provided, however, that no driveway access will be granted to Dogwood Street. The Project's driveways and gated parking areas shall comply with City of College Station driveway spacing and alignment in College Station Chapter 12 Unified Development Ordinance, as well as the standards in the "Gating of Multi - Family Developments" in the College Station Site Design Standards. If any of the above conditions are not met within eighteen (18) months, the abandonment shall be null and void and have no further force or effect. PASSED, ADOPTED and APPROVED this / 1 1 /1 " day of , 2013. APPROVED: Mayor ATTEST: 4 . 462, - Y/ City Secr y • APPROVED: City Attorney • FXH METES AND BOUNDS DESCRIPTION OF A 0.77 ACRE TRACT CULPEPPER STREET RIGHT -OF -WAY SECOND REVISION, OAK TERRACE ADDITION COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF CULPEPPER STREET RIGHT -OF -WAY (40' R.O.W.) LYING BETWEEN BLOCK 9 AND THE RESERVE STRIP ADJACENT TO SOUTH COLLEGE AVENUE, FROM CROSS STREET (50' R.O.W.) TO INLOW BOULEVARD (39' R,O.W.), SECOND REVISION, OAK TERRACE ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 152, PAGE 237 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF CROSS STREET MARKING AN EASTERLY CORNER OF LOT 13, BLOCK 9, AND THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 30.00 FEET, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF CROSS STREET MARKING THE A SOUTHERLY CORNER OF SAID BLOCK 9 BEARS: S 41° 57' 14" W FOR A DISTANCE OF 224.00 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 59' 31" FOR AN ARC DISTANCE OF 47.12 FEET (CHORD BEARS: N 03° 02' 32" W - 42.42 FEET) TO A 5/8 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF CULPEPPER STREET MARKING THE END OF SAID CURVE; THENCE: N 48° 02' 17" W ALONG THE SOUTHWEST LINE OF CULPEPPER STREET, SAME BEING THE NORTHEAST LINE OF SAID BLOCK 9, FOR A DISTANCE OF 800.33 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 30.00 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58° 18' 38" FOR AN ARC DISTANCE OF 30.53 FEET (CHORD BEARS: N 77° 11' 37" W - 29.23 FEET) TO THE END OF SAID CURVE ON THE SOUTHEAST LINE OF INLOW BOULEVARD; THENCE: N 73° 39' 04" E ALONG THE EXTENSION OF THE SOUTHEAST LINE OF INLOW BOULEVARD AND ACROSS THE RIGHT -OF -WAY OF CULPEPPER STREET FOR A DISTANCE OF 81.67 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 10.00 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 121° 41' 21" FOR AN ARC DISTANCE OF 21.24 FEET (CHORD BEARS: S 12° 48' 23" W - 17.47 FEET) TO THE END OF SAID CURVE ON THE NORTHEAST LINE OF CULPEPPER STREET THENCE: S 48° 02' 17" E ALONG THE NORTHEAST LINE OF CULPEPPER STREET, SAME BEING 1 THE SOUTHWEST LINE OF SAID RESERVE STRIP, FOR A DISTANCE OF 794.43 FEET TO THE BEGINNING OF A COUN ERCLOCKWISE CURVE HAVING A RADIUS OF 10.00 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" FOR AN ARC DISTANCE OF 15.71 FEET (CHORD BEARS: N 86 ° 57' 14" E — 14.14 FEET) TO THE END OF SAID CURVE; THENCE: S 41° 57' 14" W ALONG THE EXTENSION OF THE NORTHWEST LINE OF CROSS STREET FOR A DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.77 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND JULY 2012 AND VISUALLY CHECKED SEPTEMBER 2012. SEE PLAT PREPARED OCTOBER 2012 FOR MORE DESCRIPTIVE INFORMATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 � by,..4.6.7'-, e -7\ Jl ` , ,., :;.. , (,6.` P �'FYRi.G � f Gu e D:/WORKJMAB /12- 658B.MAB u .o "' ) t .. bOeohavG » '.0 4502 V 1 `'e O� y� c r 2 METES AND BOUNDS DESCRIPTION OF A 0.88 ACRE TRACT MILAM AVENUE RIGHT -OF -WAY SECOND REVISION, OAK TERRACE ADDITION COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF MILAM AVENUE RIGHT -OF -WAY (50' R.O.W.) LYING BETWEEN BLOCK 9 AND BLOCK 10, FROM CROSS STREET (50' R.O.W.) TO INLOW BOULEVARD (39' R.O.W.), SECOND REVISION, OAK TERRACE ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 152, PAGE 237 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF CROSS STREET MARKING THE SOUTHEAST CORNER OF LOT 10, BLOCK 10, AND THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 30.00 FEET, FOR REFERENCE A 5/9 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF CROSS STREET MARKING THE A SOUTHEASTERLY CORNER OF SAID BLOCK 10 BEARS: S 41° 57' 14" W FOR A DISTANCE OF 220.38 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" FOR AN ARC DISTANCE OF 47.12 FEET (CHORD BEARS: N 03° 02' 46" W - 42.43 FEET) TO A 1 /2 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF MILAM AVENUE MARKING THE END OF SAID CURVE; THENCE: N 48° 02' 46" W ALONG THE SOUTHWEST LINE OF MILAM AVENUE, SAME BEING THE NORTHEAST LINE OF SAID BLOCK 10, FOR A DISTANCE OF 523.16 FEET TO AN ANGLE POINT IN SAID LINE; THENCE: N 56° 44' 42" W CONTINUING ALONG THE SOUTHWEST LINE OF MILAM AVENUE FOR A DISTANCE OF 161.21 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 30.00 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 95° 09' 27" FOR AN ARC DISTANCE OF 49.82 FEET (CHORD BEARS: S 75° 40' 35" W - 44.29 FEET) TO THE END OF SAID CURVE ON THE SOUTHEAST LINE OF INLOW BOULEVARD; THENCE: N 28° 53' 22" E ALONG THE EXTENSION OF THE SOUTHEAST LINE OF INLOW BOULEVARD FOR A DISTANCE OF 109.57 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 30.00 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 75° 13' 46" FOR AN ARC DISTANCE OF 39.39 FEET (CHORD BEARS: S 16° 56' 49" E - 36.62 FEET) TO THE END OF SAID CURVE ON THE NORTHEAST LINE OF MILAM AVENUE; THENCE: S 54° 33' 42" E ALONG THE NORTHEAST LINE OF MILAM AVENUE, SAME BEING THE SOUTHWEST LINE OF SAID BLOCK 9, FOR A DISTANCE OF 204.70 FEET TO AN ANGLE POINT IN SAID LINE; THENCE: S 48° 02' 17" E CONTINUING ALONG THE NORTHEAST LINE OF MILAM AVENUE FOR A DISTANCE OF 497.13 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 30.00 FEET, THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 29" FOR AN ARC DISTANCE OF 47.13 FEET (CHORD BEARS: N 86 ° 57' 28" E — 42.43 FEET) TO A 5/8 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF CROSS STREET MARKING THE END OF SAID CURVE; '1'HENCE: S 41° 57' 14" W ALONG THE EXTENSION OF THE NORTHWEST LINE OF CROSS STREET FOR A DISTANCE OF 109.76 FEET TO THE POINT OF BEGINNING CONTAINING 0.88 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND JULY 2012 AND VISUALLY CHECKED SEPTEMBER 2012, SEE PLAT PREPARED OCTOBER 2012 FOR MORE DESC IPTIVE INFORMATION BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 Cr r C a 7 t D:/WORK/MAB /12- 658C .MAB h "••J< '� ,;,� ��aone n4 'R Pt be ate+ ' + 3 � 4502 4 /4�af 2 •