HomeMy WebLinkAbout2013-3491 - Ordinance - 03/28/2013 • ORDINANCE NO. 20/3 31-1q
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 0.10 ACRE PORTION OF THE 15 -FOOT
WIDTH RIGHT OF WAY, SAID PORTION LYING ALONG LOTS 3 -10, 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 3 -10, 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;
5. Utility infrastructure exists within the Right -of -way and the City
• has a continuing need for currently remaining public utilities to
ORDINANCE NO. 2b1 3"3yq I Page 2
remain within the Right -of -way, and said uses are expressly not
abandoned herein.
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. The City shall retain a public utility easement on the area to be
abandoned.
PASSED, ADOPTED and APPROVED this 2 0 day of , 2013.
APPROVED:
(kw
J.
NANCY BE Y, Mayor
ATTEST:
SHERRY SHBURN, City Secretary
APPROVED:
4/1)_ML
City Attorney
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION
OF A
0.10 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 I 1 AND THE EAST CORNER OF LOT 10 OF SAID BLOCK '13'. 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 49° 33' 35" W ALONG THE SOUTHWEST LINE OF SAID ALLEY FOR A DISTANCE OF 300.00
FEET (PLAT CALL AND MEASURED DISTANCE, 124/259) TO A POINT MARKING THE NORTH CORNER OF
LOT 7 OF SAID BLOCK 'B';
THENCE: N 41° 23' 58" E ALONG THE NORTHWEST LINE OF SAID BLOCK 'B' FOR A DISTANCE OF 15.00
FEET (PLAT CALL AND MEASURED DISTANCE, 124/259) TO A POINT MARKING THE WEST CORNER OF
LOT 6 OF SAID BLOCK'S';
THENCE: S 49° 33' 35" E ALONG THE NORTHEAST LINE OF SAID ALLEY FOR A DISTANCE OF 300.00
FEET (PLAT CALL AND MEASURED DISTANCE, 124/259) TO A POINT MARKING THE WEST CORNER OF
LOT 2 AND THE SOUTH CORNER OF LOT 3 OF SAID BLOCK '13'. FOR REFERENCE, A Y4 INCH IRON ROD
FOUND ON THE SOUTHWEST LINE OF NIMETZ 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 41° 24' 06" W THROUGH SAID ALLEY FOR A DISTANCE OF 15.00 FEET TO THE POINT OF
BEGINNING CONTAINING 0.10 OF AN ACRE OF LAND (4499 S . FT.), AS SURVEYED ON THE GROUND
JULY, 2012. SEE PLAT PREPARED DECEMBER, 2012, FOR MORE i ESCRIPTIVE INFORMATION. BEARING
SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS EST LISHED BY GPS OBSERVATION.
BRAD KERR ,
REGISTERED PROFESSIONAL ,r,
OF �,
LAND SURVEYOR No. 4502 /,`' 4� ,
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EXHIBIT "A"
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