HomeMy WebLinkAbout2016-3816 - Ordinance - 10/13/2016 ORDINANCE NO. 2016-3816
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 WC WELLBORN
COMMERCIAL FOR APPROXIMATELY THREE ACRES BEING SITUATED IN THE
ANDREW MCMAHON SURVEY, A-167, BRAZOS COUNTY, TEXAS, BEING
COMPRISED OF ALL OF A CALLED 2.00 ACRE TRACT, REFERRED TO AS TRACT I,
DESCRIBED IN A DEED DATED JANUARY 4, 1993, FROM DARRELL L. AMBLER TO
WELLBORN WATER SUPPLY CORPORATION, AND RECORDED IN VOLUME 1685,
PAGE 10, ALL OF A CALLED 0.334 ACRE TRACT, REFERRED TO AS TRACT 10,
DESCRIBED IN A DEED EXECUTED OCTOBER 18, 2000, FROM WELLBORN WATER
SUPPLY CORPORATION TO WELLBORN SPECIAL UTILITY DISTRICT, AND
RECORDED IN VOLUME 3991, PAGE 197, ALL OF A CALLED 0.46 ACRE TRACT AS
DESCRIBED IN A DEED DATED AUGUST 18,2006,FROM BOYD MITCHAEL VINCENT,
ADMINISTRATOR TO WELLBORN SPECIAL UTILITY DISTRICT, AND RECORDED
IN VOLUME 7536,PAGE 292,AND A 50 FOOT STRIP AS DESCRIBED IN A DEED DATED
AUGUST 19, 2015, FROM PEACH CREEK RENTAL, LTD. TO WELLBORN SPECIAL
UTILITY DISTRICT,AND RECORDED IN VOLUME 12895,PAGE 216,DEED RECORDS,
BRAZOS COUNTY, TEXAS, TO WHICH REFERENCES ARE HEREBY MADE TO FOR
ANY AND ALL PURPOSES. SAID TRACTS FURTHER BEING A PART OF THE
BENJAMIN GRAHAM SUBDIVISION, OF RECORD IN VOLUME 12, PAGE 394, THE
REFERENCED 2.00 ACRE TRACT BEING LOT 9A IN THE BENJAMIN GRAHAM
SUBDIVISION, OF RECORD IN VOLUME 1985, PAGE 195, AND THE 50 FOOT STRIP
BEING A PART OF LOT 4A IN THE RESUBDIVISION OF BLOCKS D & E OF THE
BENJAMIN GRAHAM SUBDIVISION, OF RECORD IN VOLUME 2463,PAGE 329,DEED
RECORDS, BRAZOS COUNTY, TEXAS, LOCATED AT 3998 GREENS PRAIRIE ROAD
WEST, GENERALLY LOCATED AT THE NORTHEAST INTERSECTION OF GREENS
PRAIRIE ROAD WEST AND LIVE OAK STREET; 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 set
out in Exhibit "A", and as shown graphically in Exhibit "B" and 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.
Ordinance No. 2016-3816 Page 2 of 6
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 13th day of October, 2016
ATTEST: APPROVED:
Ci Sec- f MAYOR
APP' I VED:
t
/! (. (;24
City Attorney
Ordinance No. 2016-3816 Page 3 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 WC Wellborn Commercial, as graphically
depicted in Exhibit"B" and Exhibit"C".
Whereas Wellborn SUD is the owner of all that certain lot,tract, or parcel of land being 3.018
acres,more or less, situated in the Andrew McMahon Survey,A-167, Brazos County,Texas,
being comprised of all of a called 2.00 acre tract, referred to as Tract I,described in a deed
dated January 4, 1993, from Darrell L.Ambler to Wellborn Water Supply Corporation,and
recorded in Volume 1685, Page 10, all of a called 0.334 acre tract, referred to as Tract 10,
described in a deed executed October 18,2000,from Wellborn Water Supply Corporation to
Wellborn Special Utility District,and recorded in Volume 3991,Page 197, all of a called 0.46
acre tract as described in a deed dated August 18, 2006,from Boyd Mitchael Vincent,
Administrator to Wellborn Special Utility District,and recorded in Volume 7536, Page 292, and
a 50 foot Strip as described in a deed dated August 19, 2015,from Peach Creek Rental, Ltd.to
Wellborn Special Utility District,and recorded in Volume 12895,Page 216, Deed Records,
Brazos County,Texas,to which references are hereby made to for any and all purposes, Said
tracts further being a part of the Benjamin Graham Subdivision, of record in Volume 12,Page
394,the referenced 2.00 acre tract being Lot 9A in the Benjamin Graham Subdivision,of record
in Volume 1985, Page 195,and the 50 foot strip being a part of Lot 4A in the Resubdivision of
Blocks D&E of the Benjamin Graham Subdivision, of record in Volume 2463, Page 329,Deed
Records, Brazos County,Texas. Said tract described by metes and bounds as follows, to wit:
Beginning at a W'iron rod found for the northeast corner of the referenced 2.000 acre tract and
a common"ell'corner of Lot 3A,Volume 2463, Page 329,and the referenced Lot 9A;
THENCE SOUTH 03°38'03" EAST 237.00 feet,with the common line of said lots,to a point in
the northwestern margin of Greens Prairie Road for a common southern corner of said lots.
Same being in the northwestern limit of a right of way easement to Brazos County of record In
Volume 1201, Page 332. From said point a found 1/2' iron rod bears S03'38'03"E 0.12 feet,and
another W iron rod found for a bend in said right of way easement bears N46°34'30'E 10.63
feet;
THENCE in a southwestern direction with said right of way easement and the southeastern lines
of the referenced tracts, as follows:
SOUTH 46°34'30"WEST 145.04 feet,along said right of way easement and the southeastern
line of the referenced 2.000 acre tract to a%"iron rod(capped Goodwin-Lasiter)set for a bend,
SOUTH 56°29'31"WEST 48.48 feet to a capped'/:"iron rod set for the common southern
corner of said 2.000 acre tract and the aforementioned 0.334 acre tract,
SOUTH 75°31'14"WEST 150.18 feet to a capped W iron rod set for the common southern
corner of said 0.334 acre tract and the referenced 0.46 acre tract,and
SOUTH 76'47'07"WEST 200,80 feet to a capped W iron rod set for the southwestern corner of
said 0.46 acre tract in the intersection of said northwestern margin with the eastern limit of Live
Oak Street(60 foot right of way-Volume 2463, Page 329);
THENCE NORTH 04°38'04"WEST 100.18 feet,with the western line of said 0.46 acre tract and
said eastern limit,to al/i"iron rod found for the western corner of the referenced 50 foot wide
strip and the southwestern corner of Lot 4A in the aforesaid resubdivision of Blocks D and E;
Ordinance No. 2016-3816 Page 4 of 6
THENCE NORTH 04°38'04"WEST 50,47 feet, continuing along said eastern limit,the western
line of said 50 foot strip,and the western line of said Lot 4A,to a1/4"iron rod found for the
northwestern corner of said strip;
THENCE NORTH 76°45'36"EAST 198.97 feet,along the northwestern line of said strip,to a 16"
iron rod found for the northeast corner of said strip in the western line of the aforesaid 2.000
acre tract,the western line of Lot 9A,and in the eastern line of Lot 4A;
THENCE NORTH 05°02'51"WEST 228.10 feet,along a common line of Lot 4A and Lot 9A,to a
bent W iron rod found for the northeast corner of Lot 4A,the northwest corner of Lot 9A,and in
a southern line of the aforesaid Lot 3A;
THENCE NORTH 85°39'59"EAST 311.09 feet,along the common line of Lot 3A and Lot 9A,to
the Point of Beginning and containing 3.018 acres,more or less,of which 252 square feet out of
the 550 foot stri as been previously dedicated for the right of way of Live Oak
Kirk Raymond, R.P,L.S.4957
Raymond Survey&Mapping
(a division of Goodwin-Lasiter, Inc.)
June 22,2016
T.B.P.L.S. Firm 10110902
• ..... ,miai+�o..
Ordinance No. 2016-3816 Page 5 of 6
EXHIBIT "B"
ffr ..4.
��
4 0• X Z
ca -E'� m Ec' W
}� S . v - a.
�I 0 6040 o,+ �5nad
c eV N,=LeJ2
q C
O .ti;CL. p� Z. _ m
U I100'7''1
4 �rc rc&rr i`z
r
r��/� \ I u �bo
/ Jill' NI-
111111, IsFo
s o
<4,,,,),,,. 40.1' O0c zZI .iN
_sNW, Op
0 IX
T W ; - O K Y Z S
CI / ysts V o W
�Iy�r SAP )Z am
O41 0
Ilii
•Z g
O p•
= w
1 .-7aL85 r c
\ b3b •; 7
=Ivu
a I 11 I ixd Ilk
�;zz. 0
I m6 m
li
onW_r sc Nc 0gup030.rmcsn«wn000 ill ..::radiiw1 +qr.�..nestScim0
w
m_ �f1LL
[S U0 p V
not
S• ., E
c
711
r MID I � m •-.� $ti 5�I.o s s a, 1n- 'i : ONl7 Ntt▪ c NF�Ik 01'0•I�frl� i FOOU'
o
o
L.
L- a
O a
✓ N
r ref�'l{GSECw'�SN•w[S C &N 4 E
c.
Lik. 1iii..' '2 142 i/'i
41
ia• `��ulz�d€2 CC
7 0
N W K O C11-1.1i-
E
Ordinance No. 2016-3816 Page 6 of 6
EXHIBIT "C"
ii! i
ir
.f It 1.nj1.� Malin
uaeiypgnS hu;s10 Amin IBIS WoQIIBM
4 —
e
eei kV
844`:
ffilvggieng
I WTI
. 14 Ilv1
i
la v
,. .....,„....„ 4,,x,i, .
IilR,t6`
y I �
{
f ! 0 '
14 1' 13 / id /Ili
1.
ac 9d I
/ a 3:. .`a
! 11 I 5 1
i gx 94e
li
I — - _ _.
II , __.....
11, uir
sit' iif 4
I it ie Ya 1:
1 SI::::::::: ---:::::71-
_ - sypr ro 1C c )tt
, VP 4 E
;1 iQp G
- • 1
s..4'04,-,.ljs `.,..„