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HomeMy WebLinkAbout2013-3511 - Ordinance - 08/08/2013 ORDINANCE NO. 2D13 -35 1 1 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 5,077 SQUARE FOOT PUBLIC UTILITY EASEMENT AND A 624 SQUARE FOOT PUBLIC UTILITY EASEMENT LOCATED ON LOTS 5R -1 AND 7, BLOCK 1 OF THE GRAHAM CORNER PLAZA SUBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUME 9326, PAGE 216 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 5,077 square foot public utility easement and a 624 square foot public utility easement located on Lots 5R -1 and 7, Block 1 of the Graham Corner Plaza Subdivision according to the plat recorded in Volume 9326, Page 216 of the Deed Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portions collectively hereinafter referred to as the "Easements "); and WHEREAS, in order for the Easements 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 Easements in the manner and as described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the easements 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 Easements; 3. There is no anticipated future public need or use for the Easements; 4. Abandonment of the Easements will not impact access for all public utilities to serve current and future customers; PART 2: That the Easements described above and in Exhibit "A" attached hereto be abandoned and vacated by the City. L ORDINANCE NO. 2013 35/ / Page 2 L PASSED, ADOPTED and APPROVED this Q ' day of , 2013. APPROVED: 4 -Aare Mayor 14 -re M ATTEST: 4 City Seer: t$ y Lir APPROVED: -Cada-61-46, City Attorney 0 Exhibit "A" METES AND BOUNDS DESCRIPTION OF A 5077 SQUARE FOOT TRACT GRAHAM CORNER PLAZA COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND DEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A 24.00 FOOT WIDE PUBLIC UTILITY EASEMENT AND A 7.5 FOOT WIDE PUBLIC UTILITY EASEMENT LYING WITHIN LOTS 5R -I AND 7, BLOCK 1, GRAHAM CORNER PLAZA, ACCORDING TO TIIE PLAT RECORDED IN VOLUME 9326, PAGE 216 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF GRAHAM ROAD (VARIABLE WIDTH R.O.W.) MARKING THE COMMON CORNER OF SAID LOTS 5R -I AND 7; THENCE; $ 48° 18' 42" B ALONG THE COMMON LINE OF SAID LOTS 5R -1 AND 7 FOR A DISTANCE, OF 20.00FEETTO A POINT ON THE SOUTHEAST LING OFAN EXISTING 20.00 FOOT WIDE PUBLIC UTILITY EASEMENT MARKING THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: THROUGH SAID LOT 5R -I FOR THB FOLLOWING CALLS: ° z N 41 41' 18" L ALONG THE SOUTHEAST LINE OF SAID EXISTING 20' EASEMENT FORA DISTANCE OF 12,00 FEET TO THE NORTHEAST LINE OF SAID 24' PUBLIC UTILITY EASEMENT; S 48° 18' 42" 13, 12.00 FEET FROM AND PARALLEL TO THE COMMON LINE OF SAID LOTS 5R -1 AND 7, FOR A DISTANCE OF 172,50 FEET TO THE NORTHWEST LINE OF SAID 7.5' PUBLIC UTILITY EASEMENT; N 41° 41' 18" E ALONG THE NORTHWEST LINE OF SAID 7,5' EASEMENT FORA DISTANCE OF 101,00 FRET TO THE SOUTHEAST LINE OF AN EXISTING 24,00 FOOT WIDE PUBLIC UTILITY EASEMENT; S 48° 18' 42" E ALONG T1113 SOUTHWEST LINE OF SAID EXISTING 24' EASEMENT FORA DISTANCE OF 7.5' TO THE NORTHEAST LINE OF AN EXISTING 24,00 FOOT WIDE PUBLIC UTILITY AND PRIVATE ACCESS EASEMENT; S 41 41' 18" W ALONG THE NORTHWEST LINE OF SAID EXISTING 24' UTILITY AND ACCESS EASEMENT, AND THE EXTENSION THEREOF, FOR A DISTANCE OF 125,00 FEET TO THE SOUTHWEST LINE OF THB FIRST MENTIONED 24' PUBLIC UTILITY EASEMENT WITHIN SAID LOT 7; THENCE: N 48° 18' 42" W THROUGH SAID LOT 7,12.00 FEET FROM AND PARALLEL TO THE COMMON LINE OF SAID LOTS 5R- 1 AND 7, AND ALONG THE SOUTHWEST LINE OF SAID EASEMENT, FOR A DISTANCE OF 180.00 FEET TO THE SOUTHEAST LINE OF THE AFOREMENTIONED 20' PUBLIC UTILITY EASEMENT; THENCE; N 41° 41' 18" E CONTINUING THROUGH SAID LOT 7 AND ALONG' 1' 'IE SOUTHEAST LINE OF SAID 20' BASEMENT FORA DISTANCE OF 12.00 FEET TO THE Z'OINT 01? BEGINNING C' NT'A IN RIG 5077 SQUARE FEET OF LAND, MORE OR LES, AS SURVEYED ON THE GROUND MAY 2013. BEARING "I'EM SHOWN HEREIN IS BASED ON THE PLAT CALL BEARINGS OF GRAHAM CORNER PLAZA, 9326/216, BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYORNo. 4302 dAl\ l,��r•a h r•;�tao y � ' 1a1 ^••J •YVYY••pV Y 44atl D:lWORK/tvtAAI13- 32713.1.MAB L� REVISED 07 -12 -13 `• BRAD 1(FRR , ° 4502 Exhibit "A" METES AND BOUNDS DESCRIPTION OF A 624 SQUARE FOOT TRACT GRAHAM CORNER PLAZA 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 24.00 FOOT WIDE PUBLIC UTILITY EASEMENT LYING WITHIN LOTS 5R -1 AND 7, BLOCK 1, GRAHAM CORNER PLAZA, ACCORDING TO THE PLAT RECORDED IN VOLUME 9326, PAGE 216 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/11 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF LOT 6R -1, BLOCK 1, GRAHAM CORNER PLAZA, MARKING THB COMMON CORNER OF SAID LOTS 5R -1 AND 7; THENCE: S 41°41' 18" W ALONG THE COMMON LINE OF SAID LOT 7 AND SAID LOT 6R-1 FORA DISTANCE OF 12.00 FEET TO THE SOUTHWEST LINE OF SAID 24' PUBLIC UTILITY EASEMENT; THENCE: N 48° 18' 42" W THROUGH SAID LOT 7 FOR A DISTANCE OF 26.00 FEET TO THE SOUTHEAST LINE OF ANOTHER 24.00 FOOT WIDE PUBLIC UTILI'PY AND PRIVATE ACCPSS EASEMENT; THENCE: N 41° 41' 18" E THROUGH SAID LOT 7 AND LOT 5R -1 AND ALONG THE EXTENSION OF THE SOUTHEAST LINE OF SAID SECOND BASEMENT FOR A DISTANCE OF 24.00 FEET 'I'O THE NORTHEAST LINE OF SAID FIRST EASEMENT; THENCE: S 48° 18' 42" E THROUGH SAID LOT 5R -1 AND ALONG THE NORTHEAST LINE OF SAID FIRST EASEMENT FOR A DISTANCE OF 26.00 FEET TO THE COMMON LINE OF SAID LOT 5R -1 AND SAID LOT 6R -1; THENCE: S 41° 41' 18" W ALONG THB COMMON LIN 4 OF SAID LOT 5R -1 AND LOT 6R -1 FOR A DISTANCE OF 12,00 FEET TO THE POINT OF BEGINNING CONTAINING 6 SQUARE FEET OF LAND, MORE OR LES, AS SURVEYED ON THE GROUND MAY 2013. BEARING SYSTEM SHOWN I 'REIN IS BASED ON THE PLAT CALL BEARINGS OF GRAHAM CORNER PLAZA, 9326/216. BRAD KERR REGISTERED PROFESSIONAL ` t�I. ��� LAND SURVEYOR No. 4502 �'. � fi fE�• . e� t� • 4• w �F" D BRAD KERR .o:...5} It D,/WORK/MAB /l3.727E•2.MAB ( AN 4502 Q �e .Exhibit "A" : „... „. t,G f"r -1 .k , W° 3 ' CIk QIFS p 4 11 ^ Y - NNN. wi.rw nr � Idw , ;:�':� �`'� y J � z ,9 cra :2 ,I.}`111, S (�i'(y W U m ;� ” ∎• St ° 1 i ��� " fin ? ' � f ,��V, t– � fD pv l ip n � p gV4 . � � l :� i o Cl ° .� 1 p [Y� �y <�i3 i7 R t . CL h lit O d I rbvizorzNZZwrn �, .� , -+y ,: (n y =1, yy..L 7 pS � ) � 4 K _... _. � _ _ _ _. �.�' .. 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