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HomeMy WebLinkAbout2016-3823 - Ordinance - 10/13/2016 ORDINANCE NO. 2016-3823 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 3,175 SQUARE FOOT PUBLIC UTILITY EASEMENT LYING WITHIN LOT 17, BLOCK 4, OF REDMOND TERRACE FIRST INSTALLMENT, ACCORDING TO THE PLAT RECORDED IN VOLUME 188, PAGE 295 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, ALSO BEING A PART OF TRACT FOUR CONVEYED TO MERIDIAN H&H, LLC, ACCORDING TO THE DEED RECORDED IN VOLUME 10295, PAGE 243 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND DESCRIBED AS TRACT NO. 2 IN THE PUBLIC UTILITY EASEMENT DEDICATION RECORDED IN VOLUME 10742, PAGE 99 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 3,175 Square Foot Public Utility Easement lying within Lot 17, Block 4, of Redmond Terrace First Installment, according to the plat recorded in Volume 188, Page 295, of the Deed Records of Brazos County, Texas, also being part of Tract Four conveyed to Meridian H&H, LLC, according to the deed recorded in Volume 10295, Page 243, of the Official Records of Brazos County, Texas and further described as Tract No. 2 in the Public Utility Easement dedication recorded in Volume 10742, page 99 of the 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 a 3,175 square foot 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. 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. Ordinance No. 2016-3823 Page 2 of 4 PART 2: That the 3,175 square foot 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 20-foot wide Public Utility Easement along the true final location of the relocated electric line as part of this abandonment. PASSED, ADOPTED and APPROVED this 13th day of October, 2016 ATTEST: APPROVED: "FLILIL6 City Secret Mayor it C. Attorney Ordinance No. 2016-3823 "Exhibit A" Page 3 of 4 Joe Orr, inc. $ I1vatc&Engineers 2167 Post Oak Circle College Station, Texas 77845 (979) 693-2777 Easement No. 2 Meridian H&H, LLC Tracts Redmond Terrace-First Installment College Station, Texas April 17,2012 All that certain tract or parcel of land lying and being situated in the Joseph E. Scott league, Abstract no. 50, in College Station, Brazos County, Texas, being a part of Lot 17, Block 4 of' Redmond Terrace First Installment as described by plat recorded in volume 188, page 295 of the Deed Records of Brazos County, Texas, also being a part of Tract Four conveyed to Meridian H&H, LLC by deed recorded in volume 10295, page 243 of the Official Public Records of Brazos County, Texas, and being more particularly described as follows: Commencing at a 1/2" iron rod with a red plastic cap stamped "M.McCLURE RPLS 2859" found at the common corner of Lots 8 and 9, Block 3 of the said Redmond Terrace subdivision, also marking the southeast corner of 1.586 acre Tract Two as described in the said deed to Meridian H&H, LLC. Thence S 2° 15' 29" E— 50.00 feet, across Redmond Drive, to the Point of Beginning of this easement tract in the south right-of-way line of Redmond Drive (50' width) and north line of said Lot 17, Block 3; Thence S 2° 15' 29" E— 158.27 feet, through said Lot 17, to the north line of the existing 30' Drainage and Utility Easement shown on said plat of Redmond Terrace; Thence S 86° 38' 06" W — 20.00 feet, along the said existing easement line 30 feet parallel and north of the south line of said Lot 17, to a point for corner of this easement tract; Thence N 2° 15' 29" W— 159,51 feet, through said Lot 17, to a point in the south right-of-way line of Redmond Drive; Thence along the said right-of-way line, along an arc to the left (radius = 250.00 feet) through a central angle 014° 35' 21", the chord of which bears S 89° 48' 52" E -20.02 feet, to the Point of Beginning and containing 3175 square feet of land more or less. . 1 Bearings are based on the found iron rods cited alongthe east line of ' °-trio �r�+ 'x~, Bearings i �.Tract Two and its bearing(S 2° 15' 29" E) given in the deed (called to .. '�c<0',."10} be"Grid"by Brad Kerr, RPLS). 4(4a.,,,n,nd,,: ,"^` " HEN it it P MAYO l'S .,,,,...4,-,:nn Pv,,,,YhO4a se., ' See the Survey Plat dated April 2012, prepared with this description, ,,:`y;'', ,�"r',fir, .,;Q7'`), )?. ,"} 1' Ordinance No. 2016-3823 "Exhibit A" Page 4 of 4 -see prop. 20rate Pm t. _ _____,.._\ Block 3 - Lot 9 Proposed 20' Easements s _ Lot 8 11R fnu_5 Oben` no. 2 and no. 3 AB ' .r'5f 0 5 " °/ Meridian H&H, LLC Tracts f. concrete drivoway\\, - p,Q,C, 1M MtiClu found d2059" Redmond Terrace Block 4 and parking light j r -� iota - - College Station, Texas bedmond --__�_ — 0 Nate: r- r` 50, Drive y CSGPSmon. no. 120 bears y-, r -.-, V R.0.w r 0�„ S 36'36"E 4396 9' from P.O.C. � ' r ; � Caro , 9 48k5.74 250,00, ,..I J wrS o-a+°+wo-o � E-20.0 ) HENRY P MAY • 2' tree 9 I.....s •°o-°°°o-°oe°°n°0o-°°o-*sea.o-°°°o fr laund 0,10 ..OH' 1 "b Mee,]c4u r„54 p O ° 1t; Baa 5 f� as°2732° ` urs „ 5045 ,,i:::44.t. _ - -d s9'• ..117,....0,‘E`6 S S\.0 � •Fri '�o-v°10-'aeo-`�� J 11 "4 S U S r -Olt A" \ , tree Y F� o f . ., O ' April 2012hill i r '• -0 V concrete r/ 0 _ '----,,z, driveway and parking 0 5 10 20 30 40 50 60 Feet Meridian H&H, LLC f CD / Lots 16 & 17 - Tract Four 1 --r° Bearings are based on the found iron rods Vol. 10295, Pg, 243 % //.,/1 cited clang the east line of Tract Two and u4 " M1 __ its bearing (S 2"15'29"E) given in the deed �� (called to be "Grid"' by Brad Kerr, RPI_S). °i ,!®f'./`;Lli All existing easements and utilities are not shown fjy /� shown on this plot. c See separote metes and bounds description Block 4 �� �] f////%11'1 prepared with these plats. Lot 16 i ) Lot 18 _ 1/ al i.) Lot 17 Redmond Terrace %�� �r First Installment // t.L Vol. 188, Pg. 295 r ""°" ., �, ✓ Meridian H&H, LLC , `�' - _ ,.,°,F. n 2.714 ac.- Tract One � . ' iv ,__ — ` ?� Vol. 10295, Pg. 243 .___..._2„ .... ...y / -- -;::.->--------- /i / / existing Sewer Easement- ii_ -"•',+.son, ` i�'- , rr 15' wide - vol. 266, pg. 402 �' =• °`'`'xawi`+ frR k "' -w r'' / / 15' wide - vol. 322, pg. 485 +f,//221 `"""te 0,r , (1!) 1 / 20' wide - vol. 188, pg. 295 (plot) y'"�/,;,' ,r �.- `"..`�•« ° X -.s i /.- +. cn - - - - - — -* 20.00' Proposed . � °' — S 86°38'06' W �'a existing Easement n o. 3 P.O. ,et� o Drainage & Utility [osmeni 1403 sq. ft. ' '295 (plot) 01}'0$''£ vi. i.•, Re4,000_,°': vol. 188, pg N 2°15'29"W N 6 I tf} concrete driveway _ aortal hone line 30.01' 1 4.0 0 N 86"38:;-181.66' and parking w Redmorid Terrace lap�ted bounds L * � I��► guys ti co. `+, p war, pales N ^ concrete. w UE .deers �� creek bank N 2°15'29 W L-."- -._1▪ .__. ,�drawa c 1abs�'e (2005 topo files) 2,35' Meridian H&H,LLC N 87°52'01"W - 05.32' _ aerial QaWer me 0.206 acres Wolf Pen Creek Vol. 10295, Pg. 239 see 45' Drainage Easement vol. 266, pg. 401