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HomeMy WebLinkAbout2016-3770 - Ordinance - 05/16/2016 ORDINANCE NO. 2016-3770 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.068 ACRE PORTION OF A 10-FOOT WIDE PUBLIC UTILITY EASEMENT, SAID PORTION BEING ON LOT 1A, BLOCK 1, REPLAT OF LOT 1, BLOCK 1, COLLEGE STATION I.S.D., WILLOW BRANCH AND OAKWOOD SCHOOL SITES SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 6857, PAGE 25 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, SAID TRACT ALSO BEING A PORTION OF A 10' PUBLIC UTILITIES EASEMENT AS SHOWN ON LOT 1, BLOCK 1, OF THE PLAT OF COLLEGE STATION I.S.D. WILLOW BRANCH AND OAKWOOD SCHOOL SITES, ACCORDING TO THE PLAT RECORDED IN VOLUME 3588, PAGE 51 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.068 acre portion of a 10-foot wide Public Utility Easement, said portion being on Lot 1A, Block 1, Replat of Lot 1, Block 1, College Station I.S.D., Willow Branch and Oakwood School Sites Subdivision, according to the plat recorded in Volume 6857, Page 25, of the Official Records of Brazos County, Texas, said tract also being a portion of a 10' Public Utilities Easement as shown on Lot 1, Block 1, of the plat of College Station I.S.D. Willow Branch and Oakwood School sites, according to the plat recorded in Volume 3588, Page 51, Official Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the "Public Utility Easement"); and WHEREAS, in order for the Public Utility 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 Public Utility Easement described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Public Utility 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 Public Utility Easement. Ordinance No. 2016-3770 Page 2 of 5 3. There is no anticipated future public need or use for the Public Utility Easement. 4. Abandonment of the Public Utility Easement will not impact access for all public utilities to serve current and future customers. PART 2: That the Public Utility Easement as described in Exhibit "A" be abandoned and vacated by the City upon completion of the following condition: 1. That the Applicant shall convey by separate instrument or plat to the City, a 15 -foot wide Public Utility Easement along the true location of the existing waterline as part of this abandonment. PASSED, ADOPTED and APPROVED this /6 day of APPROVED: 2016. Nancy Berry, ' ayor ATTEST: Sherry Ma burn, City Secretary APPROVED: Ordinance No. 2016-3770 Page 3 of 5 EXHIBIT A Ordinance No. 2016-3770 Page 4 of 5 GESSNER ENGINEERING, LLC 16-0102 2501 Ashford Drive,Suite 102 College Station,Texas 77840 (979)680-8840-Fax(979)680-8841 PARTIAL WATERLINE ABANDONMENT 2946 SQUARE FEET(0.068 ACRE TRACT) J.E.SCOTT LEAGUE,A-50 CITY OF COLLEGE STATION BRAZOS COUNTY,TEXAS Being a description of a 2,946 square foot(0.068 of an acre)tract of land,situated in the J.E.Scott League,Abstract No. 50,Brazos County,Texas,said tract being over,across and upon a part of a called 17.8715 acre tract of land,being part of Lot 1A,Block 1,Replat of Lot 1,Block 1,College Station I.S.D,,Willow Branch and Oakwood School Sites,an addition to the City of College Station,Texas according to the plat recorded in Volume 6857,Page 25,Official Records of Brazos County,Texas,(O.R.B.C.T.) said tract also being a portion of a 10'Public Utility Easement as shown on Lot 1,Block 1,of the plat of College Station I.S.D.Willow Branch and Oakwood School Sites,an addition to the City of College Station, Texas,according to the plat recorded in Volume 3588,Page 51,(O.R.B.C.T.) and to which reference is hereby made to for any and all purposes. Said tract described as follows, to wit: COMMENCING,at a 5/8-inch it-on rod found,capped"KERR",for a point of tangency,in the northeast right-of-way line of Holik Street(a variable width right-of-way),same being in the southwest line of a 5' Public Utility Easement, recorded in Volume 3588,Page 51,(O.R.B.C.T.) said point being the most westerly southwest corner of said Lot 1A; THENCE,North 48°03'41"West,with common line of said 5'Public Utility Easement,461.29 feet to a point for corner, For reference,a 5/8-inch iron rod found,capped"KERR",for angle point in said Holik Street,bears North 48°03'41" West,287.87 feet; THENCE,North 41°21'42" East,crossing said 5'Public Utility Easement, 5.00 feet to the POINT OF BEGINNING; 3 THENCE,North 48°03'41" West,with said 5'Public Utility Easement,10.00 feet,to a point for corner; THENCE,continuing with said 10'Public Utility Easement,for the following calls: 1' North 41°21'42" East,294.62 feet, to a point for corner; South 48°38'18" East, 10.00 feet,to a point for corner,and South 41°21'42"West 294.72 feet,to the PLACE OF BEGINNING,containing 2,946 square feet or 0.068 of an acre of land,more or less. Reference is hereby made to a separate survey plat bearing even date herewith. Bearings are based on the northeast right-of-way line of Holik Street,using a bearing of North 48°03'41"West,as monurnented on the ground,according to the replat recorded in Volume 6857,Page 25 (O.R.B.C,T.). Dated this the 22nd day of April,2016 •fJ *• `' Gregot opcus,R.P.L.S.No. 6047 GREGORY I-IOPCUS I Gessner Engineering,LLC •►• :WO•••••9*Oaf•R••i Revised May 5,2016 '�'f' a 6047 Q" r,,•y s 42F5'l I yt` Q/ C7 " e q a - z LUz w " g I "s , ., , 0 0 Z W Woodo O n {31 W . 1 Jqi '7 P S N I > w 5; DOzlii egi1 IF ggm "' I P P w twi w z W Ad1113A I NOIS30 I NVId x z . 6 w a z I Oti O zow �" 0.K m Z � U .J°-? 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