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Home My WebLink About2015-3723 - Ordinance - 12/10/2015ORDINANCE NO. 2015-3723 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 10 -FOOT, 0.05 ACRE PUBLIC UTILITY EASEMENT AND A 10 -FOOT, 0.06 ACRE PUBLIC UTILITY EASEMENT LOCATED AT 600 FIRST STREET BETWEEN WELLBORN ROAD AND BOYETT STREET. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 10 -foot, 0.05 acre public utility easement and a 10 -foot, 0.06 acre public utility easement located at 600 First Street between Wellborn Road and Boyett Street. The 10 -foot wide public utility easement recorded in Volume 474, Page 383 of the Deed Records of Brazos County, Texas is 0.05 of one acre situated in the J.E. Scott Survey, Abstract No.50, Brazos County, Texas and being part of the unnumbered portion of Block 15 of the W.C. Boyett Estate Partition according to the plat recoded in Volume 100, Page 441 of the Deed of Records of Brazos County, Texas. The 10 -foot wide public utility easement recorded in Volume 474, Page 383 of the Deed Records of Brazos County, Texas is 0.06 of one acre situated in the J.E. Scott Survey, Abstract No.50, Brazos County, Texas and being part of Lots 1, 2, 3, 4 & 5 of the W.C. Boyett Estate Partition according to the plat recoded in Volume 100, Page 440 of the Deed of Records of Brazos County, Texas as described in Exhibit "A" attached hereto (such portions collectively hereinafter referred to as the "Easements"); and WHEREAS, the Easements described above contain public utilities that will be removed and relocated and a temporary blanket easement to allow the City access to same; 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: 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; Ordinance No. 2015-3723 Page 2 of 7 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 only upon completion of the following condition: 1. That the Applicant shall, upon completion of the removal and relocation of utilities at the owners' expense, convey by separate instrument or plat to the City a public utility easement in a form acceptable to the City if necessary. PASSED, ADOPTED and APPROVED this 10th day of December, 2015. APPROVED: ATTEST: City Sec�� rZry ")/4.-LuL,„ APPROVED: Ordinance No. 2015-3723 Page 3 of 7 EXHIBIT A FIELD NOTES EASEMENT ABANDONMENT 10' WIDE UTILITY EASEMENT BEING 0.05 OF ONE ACRE OUT OF A 0.488 OF ONE ACRE TRACT VOLUME 3935, PAGE 162 COLLEGE STATION, BRAZOS COUNTY, TEXAS J.E. SCOTT SURVEY, A-50 SEPTEMBER 23, 2015 All that certain lot, tract or parcel of land being 0.05 of one acre situated in the J. E. SCOTT SURVEY, Abstract No. 50, Brazos County, Texas, and being a part of the 10 foot wide utility easement to the City of Bryan of reference in Volume 474, Page 383 and also being a part of the unnumbered portion of Block 15 of the W. C. Boyett Estate Partition according to the plat recorded in Volume 100, Page 441, Deed Records of Brazos County, Texas, and further being the same tract as described in deed from Charles Szabuniewicz to S.I.R. Design & Construction, Inc. of record in Volume 3935, Page 162, Official Records of Brazos County, Texas, said 0.05 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a.1/2" Iron Rod found in the southwest right-of-way line of First Street for the most northerly corner, said corner being located in the southeast line of Lot 2R, Block One of the Vacating and Resubdivision of Hyde Park Addition as described in Volume 474, Page 383, said corner being the most northerly corner of said Block 15; THENCE S 46°41'33" E, along the northeast line of said Block 15 and the southwest right-of-way line of said First Street a distance of 10.00 feet to a point for the most easterly corner, a 5/8" Iron Rod with Cap found for reference bears S 46°41'33" E a distance of 366,92 feet; THENCE S 43°08'22" W, across said 0.488 of one acre tract a distance of 209.83 feet to a point for the most southerly corner, said point being in the southwesterly line of said 0.488 of one acre tract, said point also being in the northeasterly right-of-way line of Wellborn Road, a 5/8" Iron Rod with Cap found for reference bears S 40°16'17" E a distance of 89.66 feet; THENCE N 40°16'17" W, along the southwesterly line of said 0.488 of one acre tract and the northeast right-of-way line of said Wellborn Road a distance of 10.38 feet to a 5/8" Iron Rod found for the most westerly corner, said corner being the most westerly corner of said 0.488 of one acre tract, said corner being the most southerly corner of the Amrutlal Kanji et al Called 0.4374 of one acre tract of record in Volume 3511, Page 76, a chiseled "X" found in concrete at the most westerly corner of said Called 0,4374 of one acre tract bears N 40°23'15" E a distance of 137.21 feet; THENCE N 43°16'02" E, along a northwesterly line of said 0.488 of one acre tract and the southeast line of said Called 0.4374 of one acre tract a distance of 139.44 feet to a 1/2" Iron Pipe found for angle paint, said corner being the most easterly corner of said Called 0.4374 acre tract and the most southerly corner of said Lot 2R, Block One; Ordinance No. 2015-3723 Page 4 of 7 THENCE N 43°08'22" E, along a northwesterly line of said 0.488 of one acre tract and the southeast line of said Lot 2R, Block One a distance of 69.23 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.488 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground during the month of June, 2015 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under Firm No. 10093500. North Orientation is based on rotating the northwest line to grid north NAD83(CORS2011) epoch2010.00 Texas State Plane Central Zone by utilizing. GPS methods. Ordinance No. 2015-3723 Page 5 of 7 NOTES: North Orientation is based on rotating the northwest line to grid north NAD83(CORS2011) epoch2010.O0 by utilizing GPS methods. 1 c 1 0 Fnd. Chs. "X" in conc Fnd. 5/8" Iron Rod with Cap S TRONG 1722 Broadmoor, Suite 105 Bryan, Texas 77802 Phone: (979) 776-9836 URVEYING Fax: (979) 731-0096 Firm No. 10093500 email: curtisostrongsurveying.com Amrutlal Kanji & Husum A. Kanji Called 0.4374 Acre 3511/76 N 43'16'02" E 139.44' 0.05 OF ONE ACRE N 4016'17" W 10.38' Fnd. 5/8" Iron Rod with Cap 1, H. Curtis Strong, Registered Professional Land Surveyor No. 4961, do hereby certify that the above plat represents the results of an on the ground survey performed under my supervision during the month of June, 2015 and is true and correct to the best of my knowledge. ro 0 z Fnd. 1/2" Iron Pipe Natalie Studios, LLC Lot 2R, Block 1 Hyde Park 474/383 S 43°08'22" W - 40.02' Fnd. 1/2" Rod N 43°08'22" E 69.23' Iron 0' Utility Esmt. (474/383) S 43°08'22" W 209.83' Charles H. Szabuniewicz Called 0.488 Ac. 3935/162 S 46°41'33" E 10.00' Fnd. 5/8" iror Rod with Cap Fnd. 3/4" Iron Rod EXHIBIT A 10' WIDE UTILITY EASEMENT BEING 0.05 OF ONE ACRE OUT OF 0.48 OF ONE ACRE TRACT VOLUME 3935, PAGE 162 COLLEGE STATION, BRAZOS COUNTY, TEXAS J.F. SCOTT SURVEY, A-50 SCALE 1" = 30' SEPTEMBER 23, 2015 Ordinance No. 2015-3723 Page 6 of 7 FIELD NOTES 10' WIDE UTILITY EASEMENT ABANDONMENT BEING 0.06 OF ONE ACRE OUT OF LOT 1,2,3,4&5 W. C. BOYETT ESTATE PARTITION MAP VOLUME 100, PAGE 440 COLLEGE STATION, BRAZOS COUNTY, TEXAS J. E. SCOTT SURVEY, A-50 SEPTEMBER 23, 2015 All that certain lot, tract or parcel of land being 0.06 of one acre situated in the J. E. SCOTT SURVEY, Abstract No. 50, Brazos County, Texas, and being a part of Lot 1, 2, 3, 4 & 5 of the W. C. Boyett Estate Partition according to the plat recorded in Volume 100, Page 440, Deed Records of Brazos County, Texas, said 0.06 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 3/4" Iron Rod found for the most westerly corner, said corner being the most westerly corner of Block 16 of said W.C. Boyett Estate Partition Map, said corner being in the southeasterly line of Block One of the Hyde Park Addition of record in Volume 474, Page 383; said corner also being the most northerly corner of the right-of- way of First Street; THENCE N 43°08'22" E, along the northwest line of said Block 16 at a distance of 251.06 feet passing a chiseled "X" in concrete found for the most easterly corner of said Block One, and continuing for a total distance of 256.00 feet to a chiseled "X" in concrete found in the southwest right-of-way line of Boyett Street for the most northerly corner, said corner being the most northerly corner of said Lot 5, Block 16; THENCE S 43°50'31" E, along the northeast line of said Lot 5 and the southwest right- of-way line of said Boyett Street a distance of 10.01 feet to a point for the most easterly corner; THENCE S 43°08'22" W, across said Block 16 a distance of 255.50 feet to a point for the most southerly corner, said corner being in the southwesterly line of said Block 16, said corner also being in the northeasterly right-of-way line of said First Street; THENCE N 46°41'33" W, along the southwesterly line of said Block 16 and the northeasterly right-of-way line of said First Street a distance of 10.00 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.06 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground during the month of June, 2015 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under Firm No. 10093500. North Orientation is based on rotating the northwest line to grid north NAD83(CORS2011) eopch2010.00 Texas State Plane Central Zone by utilizing GPS methods. Ordinance No. 2015-3723 Page 7 of 7 NOTES: North Orientation is based on rotating the northwest line to grid north NAD83{CORS20111 epoch20l0.O0 by utilizing GPS methods. r 0 o<03 OD re) OZ 0 S TRONG 1722 Broadmoor, Suite 105 Bryan, Texas 77802 Phone: (979) 776-9836 URVEYING Fax: (979) 731-0096 Firm No.10093500 email: curtisostrongsurveying.com LINE BEARING DISTANCE L1 N 43'08'22" E 4.94' L2 S 43'50'31" E 10.01' L3 N 46'41'33" W 10.00' Lot 3R, Block 1 Hyde Park Addition 474/383 Fnd. 3/4" Iron Rod Lot 1, Block 16 W.C. Boyett Estate Partition Map 100/440 Lot 4R, Block 1 Hyde Park Addition 474/383 Lot 5R, Block 1 Hyde Park Addition 474/383 (Total 256.00') N 43'08'22'r E 251.06' O E aH1-iE Lot 6R, Block 1 Hyde Park Addition 474/383 aelfiE WOE 0.06 OF ONE ACRE S 43°08'22" W 255.50' Lot 2, Block 16 W.C. Boyett Estate Partition Map 100/440 m Lot 3, Block 16 W.C. Boyett Estate Partition Map 100/440 1/2" Iron Rod with Cap Fnd. I, H. Curtis Strong, Registered Professional Land Surveyor No. 4961, do hereby certify that the above plat represents the results of an on the ground survey performed under my supervision during the month of June, 2015 and is true and correct to the best of my knowledge. Lot 4, Block 16 W.C. Boyett Estate Partition Map 100/440 3/8" Iron Rod Fnd. N 43°21'34" W 30.73' Chs. "X" in concrete alE o o Lot 5, Block 16 W.C. Boyett Estate Partition Map 100/440 J EXHIBIT A 10' WIDE UTILITY EASEMENT BEING 0.06 OF ONE ACRE OUT OF LOT 1, 2, 3, 4,&5 W. C. BOYETT ESTATE PARTITION MAP VOLUME 100, PAGE 440 COLLEGE STATION, BRAZOS COUNTY, TEXAS J.E- SCOTT SURVEY, A-50 SCALE 1" = 30' SEPTEMBER 23, 2015 o -.� X N - V ai 0 t U U in ro 0 u0