HomeMy WebLinkAbout2016-3844 - Ordinance - 12/08/2016 ORDINANCE NO. 2016-3844
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 355 SQUARE FOOT (0.0081 ACRE) PORTION
OF A 10-FOOT WIDE PUBLIC UTILITY EASEMENT LOCATED ON LOT 4,
BLOCK 1, OF THE FALCON POINT SUBDIVISION, ACCORDING TO THE PLAT
RECORDED IN VOLUME 11079, PAGE 30 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 355 square foot (0.0081 acre) portion of a 10-foot wide
Public Utility Easement, located on Lot 4, Block 1, of Falcon Point Subdivision,
according to the plat recorded in Volume 11079, Page 30, 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 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.
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. 2016-3844 Page 2 of 4
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 5-foot wide Public Utility Easement to maintain a 20-
foot wide Public Utility Easement to cover the existing sewer line
as part of this abandonment.
PASSED, ADOPTED and APPROVED this 8t" day of December, 2016.
APPROVED:
•
a/
ATTEST:
City Secreta!!
APPROVED:
Gad edoia):7,
City Attorney
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ORDINANCE NO. 2016-3844 Exhibit A Page 4 of 4
Page 2 of 2
FIELD NOTES
5-FOOT WIDE PUBLIC UTILITY EASEMENT
(TO BE ABANDONED)
0.0081 ACRES
Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR
LEAGUE, Abstract No. 46 in College Station, Brazos County, Texas and being part of Lot 4, Block 1,
FALCON POINT Subdivision as recorded in Volume 11079,Page 30 of the Official Records of Brazos
County,Texas(O.R.B.C.),and being more particularly described by metes and bounds as follows:
COMMENCING: at a found 1/2-inch iron rod marking the north corner of said Lot 4,Block 1,the east
corner of Lot 3,Block 1,FALCON POINT Subdivision(11079/30)and being in the southwest line of a
called 6.5 acre City of College Station tract recorded in Volume 389, Page 28 of the Brazos County
Deed Records(B.C.D.R.),from whence a found 1/2-inch iron rod marking the north corner of said Lot 3
and the east corner of Lot 5, Block 2 of WOODSTOCK SUBDIVISION, SECTION 1 recorded in
Volume 436,Page 481 (B.C.D.R.)bears N 44°32' 19"W at a distance of 150.00 feet for reference;
THENCE: S 45°44' 49" W along the common line of said Lots 3 and 4 for a distance of 30.00 feet for
corner;
THENCE: S 44° 32' 19"E into the interior of said Lot 4 for a distance of 5.00 feet to the POINT OF
BEGINNING;
THENCE:S 44°32' 19"E for a distance of 5.00 feet for corner;
THENCE:S 45°44'49" W for a distance of 71.01 feet for corner;
THENCE:N 44° 15' 11" W for a distance of 5.00 feet for corner;
THENCE:N 45° 44'49"E for a distance of 70.98 feet to the POINT OF BEGINNING and containing
0.0081 acres(355.0 sq.ft.)of land,more or less.
I,Kevin R.McClure,Registered Professional Land Surveyor No. 5650, State of Texas,do herby certify
to the best of my knowledge, information and belief,and in my professional opinion,that this survey is
true and correct and agrees with a survey made on the ground under my supervision on July,2016.
For further information see survey t. OF
plat prepared with this description. , •
fitly