HomeMy WebLinkAbout2016-3763 - Ordinance - 04/28/2016 ORDINANCE NO. 2016-3763
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 0.0506 ACRE PORTION OF A 15-FOOT
WIDTH ALLEY RIGHT-OF-WAY, SAID PORTION LYING BETWEEN LOTS 1, 2
AND 3 AND LOT 7, BLOCK 4, OF THE WEST PARK ADDITION, ACCORDING TO
THE PLAT RECORDED IN VOLUME 102, PAGE 198 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 0.0506 acre portion of a 15-foot width Alley Right-of-
Way, said portion lying between Lots 1, 2 and 3 & Lot 7, Block 4, of the West Park
Addition, according to the plat recorded in Volume 102, Page 198, of the Deed Records
of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion
hereinafter referred to as the "Right-of-Way"); and
WHEREAS, in order for the Right-of-Way 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 Right-of-Way
Alley described in Exhibit "A" attached hereto and made a part of this
ordinance for all purposes.
1. Abandonment of the Right-of-Way will not result in property that
does not have access to public roadways or utilities;
2. Other than is set forth herein, there is no public need or use for the
Right-of-Way;
3. Except as may be provided for in this ordinance, there is no
anticipated future public need or use for the Right-of-Way;
4. As set forth in this ordinance, abandonment of the Right-of-Way
will not impact access for all public utilities to serve current and
future customers;
5. Utility infrastructure exists within the Right-of-way and the City
has a continuing need for currently remaining public utilities to
remain within the Right-of-way, and said uses are expressly not
abandoned herein;
ORDINANCE NO. 2016-3763 Page 2 of 4
PART 2: That the Right-of-Way as described in Exhibit "A" be abandoned and
vacated by the City.
1. The City shall retain a public utility easement on the area to be
abandoned;
2. An additional 7.5-foot wide Public Utility Easement will be
dedicated on Lot 7, Block 4, West Park Addition along the length
of the aforementioned alley as part of this abandonment;
PASSED, ADOPTED and APPROVED this 28th day of April, 2016.
APPROVED:
Nancy Berry, 1Mayor 0
ATTEST:
SHERRY P\11HBURN, City Secretary
APPROVED:
(43c,i, *N. • - 74
ty Attorney
Ordinance No.2016-3763 "EXHIBIT A" Page 3 of 4
METES ANI) 13011NI)S DESCRIPTION
0.0506 ACRES
Being a tract of land containing 0.0506 acres, and being part of a 15' Alley, I3lock 4, in the West
Park Addition, as recorded in Vol. 102, Page 198 of the Brazos County Deed Records (B.C,I),.R,),
in the City of College Station, Brazos County. All bearings of this survey are referenced to the
Texas State Plane Coordinate System. Central Zone, NAL)83(201 1) Epoch 2010, and boundary
referenced to iron rods :Bund and referred to the previous recorded plat, and as surveyed.on the
ground on January 8th of 2016. This description is also referred to the plat prepared by ATM
Surveying, Project No. 2015-0399, and being more particularly described as follows:
BEGINNING at a 5/8" iron rod with yellow plastic cap marked "KE;RR --.RPLS 4502" found for
the north corner of this tract, also being the cast corner of Joaquin & Dorothy I lernandez, called lot
I and 30' of Lot 2, Block 4, as recorded in Vol, 2629, Page 162 of the Brazos County Official
Records (B.C.O.R.). and also being a point on the southwest right-of-(say line of Maryem Street
(50' R.O.W.):
THENCE South 47'52'16" I?ast, a distance of 15.03 feet along the common line between this tract
and said Maryena Street to a calculated corner in concrete for the east corner of this tract, also being
the north corner of l Iarvcst Investments, cal led I,ots 7, 8 and adjoining 40' of l Mt 9. Block 4, as
recorded in Vol. 9998, Page 161 of the B.(.'.O.R.. from which a 3/8" iron rod in concrete found for
reference hears S 40"59'55" W, a distance 010.36 feet:
THENCE"; South 40"59'55" West. a distance o1' 149,69 feet along the common line between this
tract and said I larvest Investments to a 1/2" iron rod with maroon plastic cap marked"RPI,S 6132 --
ATM SURV"set for the south corner of this tract.also being the remainder of 15' Alley, from
which a 1" iron pipe found for refercircc hears S 40"59'55" 1 ', a distance of 10.42 feet:
THENCE North 49"00'05" West, a distance of 14.40 feet along the common line between this tract
and said remainder'of 15' Alley to a 1/2" iron rod with maroon plastic cap marked"R1'LS 6132 •
ATM St1RV" found fin the west corner of this tract, also being the east corner of DES Real Estate,
called lot 4, and 20' of Lot 5, Block 4, as recorded in Vol. 11063, Page 255 of the 13.C,O,R,.also
being the south corner of'Joaduin & I)orothy I lernandcz, called I.ot 3, and 20' of I,ot 2, Block 4, as
recorded in Vol. 466, Page 821 oldie
'I'IIENCE North 40"45126" least, a distance of 149.99 feet along the common line between this tract
and said Vol. 466, Page 821. and then along Vol. 2629, Page 162 to the PLACE OF (BEGINNING
containing 0.0506 acres.
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Texas Registered Professional I,aand Surveyor No, 6132
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