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Home My WebLink About2016-3743 - Ordinance - 01/28/2016 ORDINANCE NO. 2016-3743 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.0910 ACRE PORTION OF A 20-FOOT WIDE PUBLIC UTILITY EASEMENT, WHICH DIAGONALLY CROSSES LOT 13 AND LOT 14, BLOCK 3 OF THE LEMON TREE ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 371, PAGE 121 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 the 0.0910 acre portion of the 20-foot Wide Public Utility Easement which diagonally crosses Lot 13 and Lot 14, Block 3 of the Lemon Tree Addition according to the plat recorded in Volume 371, Page 121 of the Deed Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the "Easement"); and WHEREAS, in order for the Easement 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 Easement described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Easement 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 Easement. 3. There is no anticipated future public need or use for the Easement. 4. Abandonment of the Easement will not impact access for all public utilities to serve current and future customers. PART 2: That the Easement as described in Exhibit "A" be abandoned and vacated by the City. ORDINANCE NO. 2016-3743 Page 2 of 4 PASSED, ADOPTED and APPROVED this the 28th day of January, 2016. APPROVED: . —i,,,,,),775t- sfx.,,,,ti Mayor ATTEST: 5kimu,/W-e4A-kt.__ City Secreta APPROVED: il i City Attorney EXHIBIT A Page 3 of 4 ML•1`l?S AND 1301 INDS I)ESCRU'`I70N 0.0910 ACRES Being a tract of land containing (1.0910 acres; and being a portion of a 20' wide utility easement in the Lemon Tree Addition, as recorded in Vol, 371, Page 121 of the Brazos County Deed Records {13.(`.1).R.), in the City of College Station, Brazos County, and being part of the 2(P wide easement recorded in Vol. 322, Page 485 of the 13.('.1).R., and being across the Jeugene Properties 1,1.C, Pot 13, Block 3. of said addition, as recorded in Vol. 10808, Page 211. and part ol'the Donald Keith Sewell, Lot 13, Block 3, of said addition, as recorded in Vol. 12274, Page 74, of the B.C.0.R. All bearings ol•this survey arc referenced to the Texas Stale Plane Coordinate System, Central Zone, NAI)83(201 1 ) Epoch 2010, and boundary referenced to 112" iron rods call for and found as noted on the previous recorded plant, and as surveyed on the ground on November 25th of 2(115. This description is also referred to the Matt prepared by AIM Surveying, Project No. 2015-0352, and being more particularly described as follows: BEGINNING at a 1/2" iron rod firund fOr the west corner u I'this easement, also being the west corner of the ,Il.ot 13, Block 3, also being the south corner of l,ot 12, Block 3. and also being a point on the northeast line of City ofCollcge Station tract called Lemon Tree Park. called 9.95 acres, also being the south corner of said Lot 12: '1111+:N('E North 4 I"44'23" Past. a distance of 13.59 feet along the common line between this easement and said I sol 13, and Lot 12 to a 1/2" iron rod with a maroon plastic cap marked "RPI,S 6132 - ATM 81IRV" set for a northwest corner of this tract: 'I'HFN('E across said Lot 13, and I,ot 14, South 81"4354" last, a distance of 180.54 Teel to a 1/2" iron rod with a rnaroon plastic cap marked "RPI.5 6132 - ATM SII V" set lir a northeast corner of this easement, also being a point on the northeast line of said Lot 14, and also being a point on the southwest right-of-wary line of Lennon Tree hemi(50' R.O.W.); TIIF;NC'E South 48"09'30" l•,asl, a distance of 36.I7 feet along the common line between this easement and said Lot 14. and said I free I to a 1/2" iron rod with a maroon plastic cap marked "RPI.5 6132 - ATM StIRV" set for the east corner of this easement: THENCE across said Lot 14, and I.ot 13, North 81"43'54" West, a distance of 205.09 feet to a 1/2" iron rod with a maroon plastic cap marked "RPI.5 6132 - AIM 81 IRV" set for a southwest corner of this easement, also being a point along the southwest line of said I,ot 13, and also being a point on the northeast line ol'said 9.95 acre tract: 'I'IlEN( North 48"12'51 " 1,Vest, a distance of 15.69 feet along the common line between this casement„ also bei 14.4 southwest line of Lot 13, and also being the northeast line of said 9.95 acre tract to the PLACE OF BEGINNING containing 0.0910 acres. • tA 7-).// f/ Ji /gyp ,_$ Y• !"r''' AdWallace Adam n ,• ' 'texas Registered Professional Land Surveyor No. 6132 f ` �.r";I5-0352-Ienon Tree-1610-sewer-Icgal.doc - 11x30r1 r"v? , g $ o goc , o6 �::ce, iso-, eEEl"a IPAN(Pl�1 Ni;!IJm � p. o •I L` +,!, ,may CR°e� L,OP .!,ig [3) o®g®¢e®tto � � � ',,-1::%4, 3y �, Pte; ao o CL rs il i,9_,1 F,A, § 1 i -,agi, - -.49k..._- a-i i p .5,•gri a Tng5 "Rh v N g ti p� q� U �� w �qQ w �c�4�� $ °` 1 �IH{ Ulfi ID'a E ,6,71 'g E. -s“g. 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