HomeMy WebLinkAbout2016-3801 - Ordinance - 08/25/2016 ORDINANCE NO. 2016-3801
AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE,"
SECTION 12-4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE CITY OF
COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM R
RURAL TO RS RESTRICTED SUBURBAN AND NAP NATURAL AREAS PROTECTED FOR
APPROXIMATELY 13.429 ACRES FOR THE PROPERTY BEING SITUATED IN THE M. RECTOR
SURVEY, ABSTRACT 46, BRAZOS COUNTY, TEXAS, BEING THE REMAINDER OF THAT
TRACT CALLED 22.00 ACRES IN A DEED TO C. CARL KOLBE AND JEANNE KOLBE
RECORDED IN VOLUME 2558, PAGE 133, OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS
AND THE REMAINDER OF THAT TRACT CALLED 0.06 ACRES IN A DEED TO C. CARL KOLBE
AND JEANNE KILBE RECORDED IN VOLUME 6819, PAGE 246, OFFICIAL RECORDS OF
BRAZOS COUNTY, TEXAS, GENERALLY LOCATED 2744 HORSEBACK COURT, MORE
GENERALLY LOCATED EAST OF HORSE HAVEN ESTATES PHASE 5, PROVIDING A
SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
PART 1: That Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map,"
of the Code of Ordinances of the City of College Station, Texas, be amended as described in
Exhibit "A" and Exhibit "B", and as shown graphically in Exhibit "C", attached hereto and
made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining provisions
or sections of this ordinance,which shall remain in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of
not less than Twenty-five Dollars ($25.00)nor more than Two Thousand Dollars($2,000.00).
Each day such violation shall continue or be permitted to continue, shall be deemed a separate
offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its
date of passage by the City Council, as provided by Section 35 of the Charter of the City of
College Station.
PASSED, ADOPTED and APPROVED this 25th day of August, 2016
APPROVED:
MAYOR
AT -ST:
/4141,
City Secretat
APPROVED:
CCILI. ,4 i/Lorsu 2
City Attorney
Ordinance No. 2016-3801 Page 2 of 6
EXHIBIT "A"
That Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of
the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows:
The following property is rezoned from R Rural to RS Restricted Suburban, as graphically
depicted in Exhibit"C":
FIELD NOTE DESCRIPTION OF 7.802 ACRES,MORE OR LESS,IN THE M.RECTOR
SURVEY,ABSTRACT 46,BRAZOS COUNTY,TEXAS,BEING THE REMAINDER OF THAT
TRACT CALLED 22.00 ACRES IN A DEED TO C.CARL KOLBE AND JEANNE KOLB
RECORDED IN VOLUME 2558,PAGE 133,ORBCT(OFFICIAL RECORDS OF BRAZOS
COUNTY,TEXAS)AND THE REMAINDER OF THAT TRACT CALLED 0.06 ACRES(ALSO
KNOWN AS TRACT TWO)IN A DEED TO C.CARL KOLBE AND JEANNE KOLBE
RECORDED IN VOLUME 6819,PAGE 246,ORBCT,BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING ata calculated point in the south line of the remainder of that tract called 29.51 acres(also
known as Tract One) in a deed to Oakwood Custom Homes, Ltd. recorded in Volume 6413, Page 107
ORBCT and for the most west corner of this description, from which a 1/2" iron rod found at the easterly
corner of the Oakwood Custom Homes,Ltd.tract and an interior corner of said Kolbe 22.00 acre tract,
bears N 38'39'23"E a distance of 59.34 feet:
THENCE leaving the POINT OF BEGINNING,crossing through said Kolbe 22,00 acre tract,
S 39°26'34"E a distance of 794.24 feet to a calculated point in the northwest line of that called 12,4
acres described in a deed to the City of College Station recorded in Volume 9676,Page 43. ORBCT. fbr
the east corner of this description,from which a 5/8" iron rod found at the north corner of said City of
College Station 12.4 acre tract,bears N 42°19'49"E a distance of 105.28 feet;
THENCE with the northwest line of said City of College Station 12.4 acre tract S 42°19'49"W a
distance of 112.97 feet to a calculated point for a southeasterly corner of this description;
THENCE leaving said City of College Station 12.4 acre tract,crossing through said Kolbe 22.00 acre
tract,the following four(4)courses:
1. S 7190'42"W a distance of 405.86 feet to a calculated point,
2. N 55°25'33"W a distance of 214.46 feet to a calculated point,
3. S 34°52'18"W a distance of 60.34 feet to a calculated point, and
4. S 45°01'02"W a distance of 30.45 feet to a calculated point in the east line of We Rent Storage
Subdivision recorded in Volume 10625, Page 217,ORDCT,for the southwesterly corner of this
description, from which a 1/2" inch iron rod found at an angle point in the We Rent Storage
Subdivision tract, hears S 12°31'33" F a distance of 273.04 feet;
THENCE with the cast line awe Rent Storage Subdivision,N 12°3.1'33"W a distance of 164.80 feet
to a 1/2"iron rod found at the northeast corner of We Rent Storage Subdivision,being in the southeast
line of Lot 1 Block 1,Horse Haven Estates, Phase Five;
THENCE leaving We Rent Storage Subdivision and with the southeast, east and north lines of said Block
1 of said Horse Ftaven Estates, Phase Five,the following four(4)courses:
5. N 46°15'58"E a distance of 44.20 feet to a 1/2" iron rod.found:
6. N 24°13'51" F a distance of 107,54 feet to a 112"iron rod round.
7. N 02°12'25"E a distance of 106.31 feet to a 1/2" iron rod round with a plastic cap.and
8. S 89°40'22" W a distance of 119.99 feet to a 1/2" iron rod found at the northwest corner of
Block 1,of said Horse Haven Estates,Phase Five, being in the east line of Horseback Drive;
Ordinance No. 2016-3801 Page 3 of 6
THENCE leaving said Block 1 and with the east line of Horseback Drive N 00°18'18"W a distance of
49.79 feet to a 1/2" iron rod found at the southwest corner of Block?of said Horse Haven Estates, Phase
Five;
THENCE leaving the east line of Horseback Drive and with the south, east and southeast lines of said
Block Two, of said Horse Haven Estates, Phase Five,and the southeast line of Block Two, Phase Five,
Horse Haven Estates,Phase Three,the following six courses:
1. N 89°33'33" E a distance of 119.99 feet to a 1/2"iron rod found,
2. N 00°28'17"W a distance of 99.36 feet to a 112" iron rod found,
3. N 87°08'28" W a distance of 10.27 feet to a 1/2" iron rod found with a plastic cap,
4. N 00°15'09"W a distance of 67.61 feet to a 1/2" iron rod found,
5. N 50°32'14"E a distance of 100.63 feet to a 1/2" iron rod found, and
6. N 38°50'10" E a distance of 92.30 feet to a 1/2"iron rod found at the most easterly corner of
Lot 21,Block 2, of said Horse Haven Estates, Phase Three and a corner of the of the Oakwood
Custom Homes, Ltd.Tract, for an angle point of this description;
THENCE leaving said Lot 21, Block 2.of said Horse Haven Estates, Phase Three,with a southeast line
of the Oakwood Custom Homes. Ltd tract N 38°39'23"E a distance of 33.06 feet to the POINT OF
BEGINNING.There are 7.802 acres,more or less,described in these field notes.
The bearing basis for this survey was determined from GPS observations and refers to Grid North.This
description was prepared by Payne Industries, LLC from an on the ground survey performed in May of
2016 and corresponds to a survey plat referenced as job number 1276-001-16.
Robert W.Johnston {PLS#5579 ' ,r••%` .
Job No. 1276-001-! ! " �'° •
ROBER:
July 21,2016
nr,.79 �
,7 of es 4
Ordinance No. 2016-3801 Page 4 of 6
EXHIBIT "B"
That Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of
the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows:
The following property is rezoned from R Rural to NAP Natural Areas Protected, as graphically
depicted in Exhibit "C":
FIELD NOTE DESCRIPTION OF 5.627 ACRES,MORE OR LESS,IN THE M.RECTOR
SURVEY,ABSTRACT 46,BRAZOS COUNTY,TEXAS,BEING A PORTION OF THE
REMAINDER OF THAT TRACT CALLED 22.00 ACRES IN A DEED TO C.CARL KOLBE
AND JEANNE KOLB RECORDED IN VOLUME 2558,PAGE 133,ORBCT(OFFICIAL
RECORDS OF BRAZOS COUNTY,TEXAS)AND A PORTION O:F THAT TRACT CALLED
2.50 ACRES IN A DEED TO C.CARL KOLBE AND JEANNE KOLBE RECORDED IN
VOLUME 3213,PAGE 335,ORBCT,BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point in the south line of the remainder of that tract called 29.51 acres
(Tract One)in a deed.to Oakwood Custom Homes,Ltd, recorded in Volume 6413,Page 107 ORBCT and
for the most westerly corner of this description,from which a 1/2" iron rod found at the southerly corner
of the Oakwood Custom Homes,Ltd,tract and the most easterly corner of Lot 21, Block 2, Horse Haven
Estates,Phase Three, bears S 3899'23"W a distance of 69,03 feet;
THENCE leaving the POINT OF BEGINNING with a southeast and a northeast line of the Oakwood
Custom Homes,Ltd tract the following three courses::
1. N 38°39'23" E a distance of 95.31 feet to a 1/2" iron rod found,
2. 11'43°30'33" W a distance of 32.51 feet to a 1/2" iron rod found at the south corner of that
tract.called 2.50 acres in a deed to C.Carl Kolbe and Jeanne Kolbe recorded in Volume 3213,
Page 335,ORBCT,and
3. N 44°42'38"W a distance of 281.27 feet to a 1/2"iron rod found at the west confer of said
Kolbe 2.50 acre tract, being a south corner of a 40' Greenway Dedication per Entergy Switch
Station,plat recorded in Volume 9687,Page 106,ORBCT and the most northerly west corner
of this description:
THENCE leaving the Oakwood Custom Homes, Ltd tract and with the southeast line of said 40'
Greenway Dedication and Lot 1, Block I of Entergy Switch Station, and also with the northwest line 01'
said Kolbe 2.50 acre tract N 45°20'30"E a distance of 217.37 feet to a calculated point for the north
corner of this description, from which a tack found in a cross tie post, in the southwest line of that tract
called 45,12 acres in a deed to Bryan D.Jones,Charles Eric Jones and Marshall B.Jones recorded in
Volume 8875, Page 191,ORBCT,at the east corner of Lot I of said Entergy Switch Station, being the
north corner of said Kolbe 2.50 acre tract, bears N 45'20'30"E.a distance of 16:.56 feet;
THENCE leaving said Entergy Switch Station,crossing through said Kolbe 2.50 acre tract and said
Kolbe 22,00 acre tract,the following two(2)courses:
I. S 30°38'39" E a distance of 291.94 feet to a calculated point in the southeast line of said
Kolbe 2.50 acre tract and the northwest line of said Kolbe 22.00 acre tract.for an angle point
of this description:
2. S 39°29'47"E a distance of 823.74 feet to a calculated point in the southeast line of said
Kolbe 22.00 acre tract and the northwest line that tract called 34.10 acres in a deed to the City
of College Station recorded in Volume 9754, Page 127 ORBCT,and for the cast corner of this
description, from which a 1/2"iron rod found at the east corner of said Kolbe 22.00 acre tract.
bears N 42'35'13" E a distance of 404.20 feet:
THENCE with a northwest line of said 34.10 acre tract, S 42°35'13"W a distance of 99.28 feet to a
5/8"iron rod found at the west corner of said called 34.10 acres,and the east corner of that tract called
Ordinance No. 2016-3801 Page 5 of 6
12.4 acres in a deed to the City of College Station recorded in Volume 9676,Page 43,ORBCT and for an
angle point of this description;
THENCE leaving said called 34,10 acre tract with the northwest line of said 12.4 acre tract, S 42°19'49"
W a distance of 140.84 feet to a calculated point for the south corner of this description;
THENCE leaving the northwest line of said 12.4 acre tract,crossing through said Kolbe 22.00 acre tract,
N 39°26'34"W a distance of 794,24 feet to the POINT OF BEGINNING. There are 5.627 acres,more
or less,described in these field notes.
The bearing basis for this survey was determined from GPS observations and refers to Grid North.This
description was prepared by Payne'Industries,LLC from an on the ground survey performed in May of
2016 and corresponds to a survey plat referenced as job number 1276-001-16.
Robert W.Johnst.j RPLS#5579 'fir°� �^�tr
Job No. 1276-001 /}Ete.0' 74,' 1^"'r�rd;: r;!if
July 21,2016 5579
,...e.,
Ordinance No. 2016-3801 Page 6 of 6
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