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Home My WebLink About2014-3584 - Ordinance - 06/26/2014• ORDINANCE NO. 20/q- 355 P41 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 the 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, (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 the PUEs described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes: 1. Abandonment of the PUEs 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 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 2/iday of ATTEST: Y APPROVED: et -7712 G!/'I,/ 4 ity AttIf c, APPROVED: , 2014. .N.retivve.4.ff .5t---hri-etxurtA.j/ Mayor Date Hfitcor STATE OF TEXAS COUNTY OF BRAZOS 270331 UTILITY. EASEMENT tSpecific Property) BIDED 'JUL 18 1983 FANO( &MISRIE KNOW ALL MEN BY THESE PRESENTS: THAT, CHIMNEY HILL RETAIL PLAZA, GRANTOR, a Texas Joint Venture, of the County of Brazos, State of Texas, for and in consideration of the payment of TEN AND NO/100 DOLLARS, cash, and other good and valuable consideration, in hand paid to GRANTOR by the City of College Station, Texas, the receipt of which is hereby acknowledged, HAS GRANTED, SOLD, AND CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the said City of College Station, a Texas Municipal Corporation certain rights and interests in the nature of an EASEMENT on and through the following described property: Being a part of Block 1,: The Fed Mart Development Corp. Subdivision and being situated in the Richard Carter League, Brazos County, Texas and recorded in Volume 330, Page 135, Deed Records, Brazos County, Texas. Provided however, that this conveyance shall grant the rights herein specified only as to that portion of the above described property more particularly described by course, width, and centerline on the attached Exhibits "A","B", and "C", known as the "Easement Area", and any additional area outside the easement area necessary to install and attach all equipment and facilities necessary to maintain said easement. To erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, andremove the following: VOL PAGE_._s • kr EXHIBIT 20 <</- 358'41 N,. •f • Water lines and sanitary sewer lines, connecting lines, access facilities, and related equipment for the construction and operation of a major "trunk line" sanitary sewer. upon, over, and across said property as herein described and any ways, streets, roads, or alleys abutting same; and to cut, trim and control the growth of trees and other vegetation on and in the easement area or on adjoining property of Grantor, which might interfere with or threaten the operation and maintenance of any public utility equipment, accessories," or operations. It is understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of Grantee. Grantors expressly subordinate all rights of surface use incident to the mineral estate to the above described uses of said surface by Grantee. It is expressly understood that the Grantor or future Owners of this property reserve the right to use this fifteen foot EASEMENT for all purposes which do not interfere with and prevent its use by the Grantee, including without limitation, the use and construction of streets, roadways, driveways, alleys, parking lots, paving, curbs, lawns, and other like uses, on, over, and across this EASEMENT. Grantee shall replace and restore any damage done by the Grantee to the above described items constructed or used by the Grantor. TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its succesors and assigns forever, and GRANTOR DOES hereby bind itself, its successors and assigns to warrant and forever defend, all and singular, these rights and interests unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, against every 583 VOL___PAGE____ 53 person whomsoever lawfully claiming, or the claim same, or any part thereof. EXECUTED this i3 day of Approved as to Form This Document may not be chap ed without re -e, bmsion for approval. State of Texas * 1..71`:x;} 1923 . CHIMNEY HILL RETAIL PLAZA, A Texas Joint Venture BY: J. W. WOOD Acknowledgment for Joint Venture County of Brazos * This instrument was acknowledged before me on /j- `j day by TONY,CAPORINA,'JOSE ARGUELLO and J. W. WOOD, partners on behalf of CHIMNEY HILL RETAIL PLAZA,'a•,.Tdx05'•• Joint Venture. ��I�il- Paoli I110te14.e Title -Fooh,ri'e.c • 4 My commission expires /—,%G_/.r,' .589 voL • GALINDO ENGINEERS AND PLANNERS 4103 S. Texas Avenue, Suite 204 P.O. Box 3322 Bryan, Texas 77805 (743) 260.9191 409 WATER LINE EASEMENT No. 1-A (WEST LINE) Chimney Hill Retail Plaza College Station, Texas Being a 15' wide strip of land lying and being situated in the Richard Carter League, Brazos County, Texas, and being part of Block 1, The Fed Mart Development Corp. Subdivision recorded in Volume 330, Page 135, Deed Records, Brazos County, Texas, with its center line more properly described as follows: Commencing at an iron rod marking the point of intersection of the northern right of way line of University Orive and the eastern right of way line of Tarrow Street, said point also being the southwesternmost corner of Block 1 of the above mentioned Subdivision; THENCE N 44°59'4" W along the eastern right of way line of Tarrow Street for a distance of 41.91' to an iron rod for a corner; THENCE continuing along said right of way line which is a curve to the right with the following data: chord 63.00', chord bearing N 40°6'2" W, radius 370.00' to the POINT OF BEGINNING; THENCE N 52°30' E for a distance of 299.50' ; THENCE 5 52°.30: W for a distance of 7.50' ; THENCE S 37°30' E for a distance of 22.50' to the end of sald easement. ....01.1...9s .....• Ramiro A. Galindo, R.P.S. June 10, 1983 589 L. 55 VOLPAGE • e: '• ts. ,•. A,•.4rt1 .i j. j..I. GALINDO ENGINEERS AND PLANNERS 4103 S. Texas Avenue, Suite 204 P.O. Box 3322 Bryan, Texas 77805 (7- 9260.9191 WATER LINE EASEMENT No. 1-B (WEST LINE) Chimney Hill Retail Plaza College Station, Texas Being a 15' wide strip of land lying and being situated in the Richard Carter League, Brazos County, Texas, and being part of Block 1, The Fed Mart Development Corp. Subdivision recorded in Volume 330, Page 135, Deed Records,- Brazos County, Texas, with its center line more properly described as follows: Commencing at an iron rod marking the point of intersection of the northern right of way line of University Drive and the eastern right of way line , of Tarrow Street, said point also being the southwesternmost corner of Block 1 of the above mentioned Subdivision; THENCE N 44°59'4" W along the eastern right of way line of Tarrow Street for a distance of 41.91' to an iron rod for a corner; THENCE continuing along said right of way line which is a curve to the right - with the following data: chord 63.00', chord bearing N 40°6'2" W, radius 370.00' ; THENCE N 52°30' E for a distance of 109.00' to the POINT OF BEGINNING; THENCE N 37°30' W 'for a ' distance of 20.00' to the end of said easement. Ramiro A. Galindo,` R.P.S. June :10, . 1983 589 VOL -PA i 0 ; • ri GALINDO ENGINEERS AND PLANNERS 4103 S. Texas Avenue, Suite 204 P.O. Box 3322 Bryan, Texas 77805 (71.3)260-9191 409 WATER LINE EASEMENT No. 2 (EAST LINE) Chimney Hill Retail Plaza College Station, Texas Being a 15' wide strip of land lying and being situated in the Richard Carter League, Brazos County, Texas, and being part of Block 1, The Fed Mart Development Corp. Subdivision recorded in Volume 330, Page 135, Deed Records, Brazos County, Texas, with its center line more properly described as follows: Commencing at an iron rod marking the northeasternmost corner of Block 1 of the above mentioned Subdivision, said point also located on the southern right of way line of Tarrow Street; THENCE S 57°23'1" W along said right of way line for a distance of 6.26' to an iron rod for a corner; THENCE continuing along said right of way line which Is a curve to the left with the following data: chord 33.0', chord bearing N 55°22'18" E, radius 470.00' to the POINT OF BEGINNING; THENCE S 40°20' E for a distance of 277.50'; THENCE N 40°20' W for a distance of 7.50'; THENCE S 49°40' W for a distance of 90.50'; THENCE N 49°40' E for a distance of 7.50'; THENCE S 40°20" E for a distance of 22.50' to the end of said easement. . ,•OF j, J Ra iro A. Galindo, R.P.S: June 10, 1983 r<x 589 �� 5�1 "911 K 7 c'-�-�+�mara+�a'�e.. •Sbs�—.rw- J t ."e.w.o- "—tea :3LT+TlR�r"�+v*�iJ�.; f....aT.-• yJ r • 1 , ... J ...... / / / ...., '''....y.' my / ••••••••• r erre.. : "':7�....,, ,r/ Yoe nee ".�."`r Pwriiii0- 31icm+.i erre vw'fi a.. "'`�•v t 6.7: "':r'.,. r.+.....r.w: err. PPP u'd$: • _ s �. \ra • iu..e'_ .+� w.. Jos a �...`�"; "'. I„'.n'...e"""� �«w '` moor '..�+'..�.... rn•� +tet Ikeee ..ate ..... + nr•.y wore e. Yon o......Y so: e,.w geed~'w Chimney vd. Por. 507. 3.0. 349 G41 i'E a 450a•W / 1 / V // I/ / / / / /y / / // / / Iigl / / 1i$1 / gtt 1 // 7.189 acres Y 1 / Chin+ney Hill Retail Plozo Subdivt lon / Vol. 807, Pg. 543 1 1 vole z�59. qry se 4 ye Sl*3un s261 oP... Vol. 261. P. 1e5��P 6 i Lot 4 Block 3559 Pc Lot 1 Block I 14704 ee o� ez,,s '•6.r a; to -fes 9 4, October 2013 0 10 20 30 CO 100 n ▪ are n stele P... Grt. C,ly o1 CS I CPS • 1 a . 122 (6 4.47.50"E), 6 { 5700" a rp.=� s7W 5 103p•=i — — (.0.015 ent.y. Int. 1. 3.4) eae Lot 3 Block 1 3.9233 x , s_ 009. I I I 1 Purr.. r•cord II II City of College Station. Texas 1 1 Leta1. 3 and 4 vol. 8853. pg. 69 I 1 f1 1 69.00' s .rzo9• \o.763 acres MA - 1 n (secs, 31' 4,59']9 —/ 1 I _ -- — 1 — — e•:.1 / 1.59' S 55g2'J1 City of College 9. Station 00.7500 vol. 692, pg. 98 11.57'29'1. eyw �rs IJ5W �. Chimney Hill Retail Plaza Subdivision Vol. 705.Pg. 621, 1.30 N'15'S F.M. 60 — University Drive - .same-.t51A Pv96. 69m -o4 -M, es. ill. pg. 311 td.w to sw) - 1.....,............... erre... � r�1 0.scnplron of Prop., sed .nve Brazos esa by plot los. w 6n e1 1.. Official «e. i eros .e Records 6PIbd1^ 4, i 510, 1 Bret. Count • volume. 1Ue Bice. n.. 9 plot e43 er tn. OB, Records dBro:PsCounty. ..os. 31•57'2TE P. a U•Ple11eRes. o, Lols d . Lo vol. 673. P9, 301 SEE PAGE 2 FOR SURFACE FEATURE, UTILITY ANO IMPROVEMENT LABELS