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Home My WebLink About2014-3582 - Ordinance - 06/26/2014• ORDINANCE NO. 2014-3582 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING PUBLIC UTILITY, ELECTRICAL, WATERLINE AND SEWER EASEMENTS LYING WITHIN LOTS 1 THRU 4, BLOCK 1 OF CHIMNEY HILL RETAIL PLAZA ACCORDING TO THE PLAT RECORDED IN VOLUME 807, PAGE 543 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has processed an application for the vacation and abandonment of that portion of the public utility, electrical, waterline, and sewer easements lying solely within the boundaries of Lots 1 thru 4, Block 1 of Chimney Hill Retail Plaza, according to the plat recorded in Volume 807, Page 543, of the Official Records of Brazos County, Texas, (hereinafter referred to as the "PUEs"), as described in Exhibit "A," a copy of which is attached and incorporated for all purposes; WHEREAS, the City of College Station, Texas (hereinafter referred to as CoCS) has entered into an Economic Development Agreement with PM Realty Group, LLP, which contemplates the purchase, sale, and development of the subject approximately 7.952 acre Chimney Hill Retail Plaza property ("the Project"); and WHEREAS, PM Realty Group, LLP proposes a mixed-use development of the Project and has requested abandonment of the PUEs preliminary to the associated removal, reconstruction and/or realignment of public infrastructure to further such redevelopment 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 one of the prime retail corridors; and WHEREAS, in order for the PUEs 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 that portion of the PUEs laying solely within the boundaries of Lots 1 through 4, Block 1, Chimney Hill Retail Plaza, as described in Exhibit "A", attached hereto and made a part of this ordinance for all purposes, such that: 1. Abandonment of the PUEs not result in property that does not have Qaccess to public roadways or utilities; • 0 2. Other than as set forth herein, there is no public need or use for the PUEs; 3. Except as may be provided for in this ordinance, there is no anticipated future public need or use for the PUEs: 4. As set forth in this ordinance, abandonment of the PUEs will not impact access for all public utilities to serve current and future customers; and 5. Utility infrastructure exists within several of the PUEs for which the City has a continuing need for such current public utilities to remain within said PUEs, until relocated with redevelopment, and said uses are expressly not abandoned herein. PM Realty Group, LLP intends to relocate the existing public utility infrastructure located in the Easements to a replacement Public Utility Easement acceptable to and upon final approval of the City Engineer. PART 2: That the PUEs as described in Exhibit "A" be abandoned and vacated by the City, provided the following conditions: 1. The City shall reserve a temporary blanket utility easement on the entire 7.952 acre Chimney Hill Retail Plaza until new easements are dedicated with relocation of utilities; 2. The PM Realty Group, LLP must file with the Deed of Records a fully executed transfer of title to the property described as Lots 1- 4, Block 1 of Chimney Hill Retail Plaza in accordance with Purchase and Sale Agreements appended to the Economic Development Agreement, as amended, within 30 days of September 2, 2014 unless such Purchase and Sale Agreements, as amended provide for a later date but in no event later than November 21, 2014; 3. That the prospective Applicant PM Realty Group, LLP shall, upon completion of the removal and relocation of utilities to City Standards and at the owners' expense, convey by separate instrument or re -plat to the City public utility easements in a form acceptable to the City, including a re -dedication of the PUE along Tarrow Street in same general width and location; and 4. The existing public lines will remain to temporarily serve existing utilities until the constructed realignment and dedication is accepted by the City. PART 3: That if any of the above referenced conditions are not met and satisfied then this Ordinance will automatically be null and void, and the PUEs will not be abandoned. PASSED, ADOPTED and APPROVED this 26day of APPROVED: , 2014. Mayor ATTEST: APPROVED: h/ City At orney EXHIBIT 2oi5/ - ?582. J as VOLaPAG THE STATE OF TEXAS I COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS: That I, Mrs. Fannie Putz, a widow, 32551 ,EKED Atjf 000'clock V. M APR 3 1967 Bk � K BORIME NIt = for and in consideration of the sum of TEN & NO/100 DOLLARS ($10.00) and other valuable con— siderations, paid by and moving from the City of College Station, Texas, a Municipal Corporation, under the laws of the State of Texas, the receipt of which is hereby acknowledged; HAVE GRANTED, BARGAINED, AND SOLD, and by these presents do GRANT, BARGAIN, SELL AND LET unto the City of College Station, Texas, its successors and assigns, a right—of—way easement for the purpose of constructing water, sewer and utility lines of said City of College Station, Texas, along, through and across a certain tract of land situated in the City of College Station, Brazos County, Texas, and described as follows, to—wit: Field notes of a strip, tract or parcel of land lying and being situated in the Richard Carter Survey, Brazos County, Texas, also being across and part of the Mrs. Fannie Putz property, and being a strip of land 15 feet wide and being 7.5 feet each side of the following des— cribed centerline; BEGINNING at a point in the common line between the said Putz tract and a tract of land conveyed to the City of Bryan for the right— of—way of East 29th Street, this point being N 44° 16+ E 80 feet from the East corner.of Lot 97 Beverley Estates Addition to the City of Bryan, plat of same being recorded in Volume 98, page 420 of the Deed.. Records of Brazos County, Texas; THENCE S 48° 181 E for a distance of 5.0 feet to an angle point; THENCE S 07° 34' W for a distance of 2,540.0 feet to an iron rod marking the North corner of a 5.44 acre tract out of the before— mentioned Putz tract for the end of this easement,— all as per actual survey made on the ground in March 1967, by B. J. Kling, Registered Public Surveyor, No. 680. Being a part of the 125 acre tract conveyed by Mrs. Elizabeth Atkins, et als. to Ed Putz by deed dated December 8, 1915, recorded in Volume 44, page 382, Deed Records of Brazos County, Texas, also being a part of the 200 acre tract conveyed by Jacob Luza, et ux. to Mrs. Fannie Putz by deed dated April 18, 1925, recorded in Volume 66, page 585, Deed Records of Brazos County, Texas. TOGETHER with free ingress, egress and regress to and from said strip of land for the City to construct, maintain and operate said Eater, Sewer and Utility Lines as shall be necessary and convenient at all times and seasons forever; it is also provided herein that a construction easement described as follows shall be used only during the process of the original construction of said lines: A temporary easement, 50 feet in width4 extending to a line parallel and 25.0 feet each side of the above described centerline from the Northwest line of said Putz tract to the boundary lines of said 5.44 acre tract; L This Easement and right—of—way is granted for the purposes of construction, maintaining and operating said Water, Sewer and Utility Lines. And as part of the consideration hereof, the City of College Station, Texas, agrees to level the land and properly construct said Water, Sewer and Utility Lines so that they will not interfere with the use of said land by the owners thereof, the strip of land used to be levelled and refilled, if necessary after settlement, if any, so that the level of the land shall be uniform, and the City agrees to maintain said level in the future. TO HAVE AND TO HOLD, all and singular, the privileges and easements, aforesaid, unto said City of College Station, Texas, its successors and assigns, to its proper use and benefit forever. WITNESS my hand this the 17sb day of March, 1967. Mrs, annie Putz THE STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, the undersigned authority, on this day personally appeared Mrs. Fannie Putz, a widow, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office, this the -R, Z day of March, A.D. 1967. ."3 e A Notary Public Brazos County, Texas. VOL AGE /' / THE STATE OF TEXAS f FRANK BORISKIE COUNTY OF BRAZO.i I, , County Clerk in and for said County, do hereby °ere sy that t1.e €r e,oio - ihstruwet t dated the_a_. % day of 17etCA A.D. 19.together with its c r i ic.;t of anzh.utia. tion. VPAI fled .for rec:rdin my office theida,y of, nLis at , o'cl s`•. t atic rutty recorded on the day of , aw _----.ree xda of Brazos County, in volume page.. 90... WITNESS MY HAND AND O.thakiOEcISrd,' i'sas, this . day of A.a 19 By County Clerk, Brazos County, Tprsis Deputy. e e // w.,. rriA r.F_...., r . w+Y 4 4 . a, W.. . 5". .. / � ,, . - tiw ^;—..-7.......1441 /// ,.�: -..^ �.▪ 8 m k^ .a.//.w~ . :,.ei_4.4., , •. ,�.. ::r at _.^..`..7w1:.e,. e/y./ —`,4`".w�. :.,4. .. •Gr R.w..r.3,.3 '" .r.' :i,.771".,. -r.«..w..:.'(,r.='u'r 2,�\/'> 9G eo ErO�al 4 d y�f, dall's .✓ 'guniversity l Plat of 2189 Rp.9 7.189 acres himney Hill Retoil Plozo Subdioi ion Vol. 807, Pg. 543 1 1 (co.en any 111 el _-tl 13 to Lot 1 Block 1 e7w« 0 10 20 30 October 2013 60 100 8 P.n.,to Mane cent. 14.83(CORS) eal.m. based Caayr or C CPS con 1 e 122 (w a monuments \ 131113:! 11'ti 1 I 1 i \ r— , S Sp 1391 -' � 11 .. I I, A,Sp_HO 5 39.0•22X 3A30'2Tw� 9.60' Lot 3 Block 1 3.921.1 ac cal I Li°9.00' 5-4ia'3i f -I I City of College Stotioa Taeos I I Lots 1. 3 and 4 ral. 8853. pg. 69 I I I I 50' IS. 0/.55 nw oo' - SaT59'39 1,11 � u foal _ _ ▪ # owe. - rot.11F0 44. 4.1._ - ••— — — ' cath �Cy1 00. 44, 306.31 � 1 A s .rs9•r, 42.00. 5 45.16'55 I I I I II I — J — I Bit/ of Conf. S. acre* vol. 261, Op. 1136 fJ ',10'06 5' F.M. 60 — University Drive - wn61.-width Pudic Ri01-01-eoy. 001. 281. pp. 311 (deed to 5161.1 - 38.0231 r W1 12 Lot 2 Block 0.7eoo ac 9 - Chimney Hill Retail Plaza Subdivision Vol. 705,Pg. 6211 yyrent r.. rd Lot 2, Block I of tro Cron, Pill Retro Plot° 631 or 1.. ,;Int °Y Rect... of Brom, Conn, 1exon n C7Il 43 8.r 131. o, bto bo ROCOrd. of Oaf. County. ref.. 236.00• 56'02'31 S 3t•57.2S-E Res.. fo1 EON Ise „oratl.a +carry Pan. 5461. Lat. voh 673. Pp. 301 SEE PAGE 2 FOR SURFACE FEATURE. UTILITY AND IMPROVEMENT LABELS