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HomeMy WebLinkAbout2004-2741 - Ordinance - 08/09/2004ORDINANCE NO 2741 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 4 2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW, DECLARING A PENALTY, AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS PART I That Chapter 12, "Unified Development Ordinance," Section 4 2, "Official Zomng Map," of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes PART 2 That any person, firm, or corporation violating any ofthe provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conwction 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 aider 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 9~day of AUGUST. 2004 ATTEST Connie Hoo -ks, City Secretary RON S rEv~A,-M~yor APPROVED ORDINANCE NO 2741 Page 2 EXHIBIT That Chapter 12, "Unified Development Ordinance," Section 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 A-O Agricultural Open to C-2 Commercial Industrial: BEING ALL THAT CERTAIN 2 67 ACRE TRACT OR PARCEL OF LAND, BEING A PROPOSED C-2 ZONE, LYING AND BEING SITUATED IN THE MORGAN RECTOR LEAGUE, ABSTRACT NO 46, COLLEGE STATION, BRAZOS COUNTY, TEXAS AND BEING A PORTION OUT OF THAT SAME CALLED 40 38 ACRE REMAINDER OF THAT SAME 163 50 ACRE TRACT CONVEYED TO BURTON R HERMANN, ET UX, AS DESCRIBED BY DEED RECORDED IN VOLUME 2085 PAGE 289 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS (O R B C ) SAID 2 67 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE ATTACHED EXI-IIBIT "B" AND SHOWN GRAPHICALLY IN THE ATTACHED EXHIBIT The following property is rezoned from A-O Agricultural Open to R-I Single Family Residential: BEING ALL THAT CERTAIN 17 65 ACRE TRACT OR PARCEL OF LAND, BEING A PROPOSED R-I ZONE, LYING AND BEING SITUATED IN THE MORGAN RECTOR LEAGUE, ABSTRACT NO 46. COLLEGE STATION, BRAZOS COUNTY, TEXAS AND BEING A PORTION OUT OF THAT SAME CALLED 40 38 ACRE REMAINDER OF THAT SAME 163 50 ACRE TRACT CONVEYED TO BURTON R HERMANN, ET UX, AS DESCRIBED BY DEED RECORDED IN VOLUME 2085 PAGE 289 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS (O R B C ) SAID 17 65 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE ATTACHED EXHIBIT "C" AND SHOWN GRAPHICALLY IN THE ATTACHED EXHIBIT "D" ORDINANCE NO. 2741 EXHIBrl' "B" PAGE 3 OF I0 METES AND B,,OUND$ DESCRIPTION OF A (PROPOSED C-2 ZONE) . MORGA~ R~,CTOR LEAGUE, ABSTRACT NO. 46 COLLEGE STATIOI~, BRAZO$ COUNTY, TEXAS Me/es and bounds description of all thatieea~n 2.67 acre tract or parcel of land, being a pml~osed C-2~zune, lying and being situated in the Morgan RecWr League, Abstract No. 46, College Station, Brazos County, Texas and being a portion out of that same cai/ed 40.38 a/re te~nainder of that same 163.50 acre tract conveyed to Burton R. Hemmm, et ux, as described by deed recorded in'~VOLUME 2085 PAGE 289 of the Official Records of Brazos County, Texas, said 2.67 acre tract being more particularly described as follows: BEGINNING at the most westerly c,q. mer of said remainder tract, being in the southeast right-of-way'line of Horse Haven Lanb (50.00 feet) as depicted un the plat of Lot 1, Horse Hayen Estates rec~.'rded h VQLUME 4285 PAGE 35 of the Official Records of Brazos Coqnty, Texas; said point also.~ing a northern comer of said Lot 1; Th6nce aiong the said fight-of-way, line of Horse Haven Lane the following calls: N 41°~43' 40" E =~ 37.54 feet to a capped ½" iron md set for comer; lq 48° 16' 12" W- 5.00 feet a capped ½" iron rod set for comer: N 41'.o 43' 40" E - 127.98 feetlW a capped ½" iron rod set for the begivning of a curve to the fight (R ~- 501.09); ,, ORDINANCE NO. 2741 EXHIBIT "B" PAGE 4 OF 10 Thenbe ~02.19 feet along the s'ald ctirve, whose chord bears N 53° 1 ?' 16" E - 200.82 feet); feet to a point at the beginning of a reverse curve to the left (R = 354.89 Thence 64.53 feet along the said~curve .... 64.44 feet to a point for comer; , whose chord bears N 59° 38' I$"E- T~II~NUE S ~13'~ 47' 43" E - 121.23 feet ~hrnugh said rcanainder a-act to a point for TItIgNCE N'46o ~2' 17"E--'27 50'feetthrou,.~. said · . . corner; · r~, remmnaer tract to a point for THENCE S 43° ,~7' 43" E - 258.29 feet through corner in the calculeted 100 year flood plai~ line; Theme continuing said remainder tract to a point for through thc remainder fhe following calls along said flood plain line: S. 69° 08' 42" W- 20(J.00 feet to .apo, int for corner; 8 62b 34' 43" W- 33.63 feet to a point for corner; S 62° 4,8' 51" W- 126.31 fm to a po~t for corner S 63° I 1' 39" W - 40.06 feet to a boint for corner in the northeastern line of said Lot 1 and common with the PCS Sprint lease site; ORDINANCE NO. 2741 EXHIBIT "B" PAGE 5 OF 10 TI-I~NCR N 26~'', 42' 33" W- 216.70 fee~ along said Lot 1 to a capped ½" iron rod set for comer; THENCE S 68° 45' 43" W- 153.72 f~et tq containing 2.67 ,abres of land. the PLACE OF BEGII~IlNG, and B' BASIS OF BEARING: Plat of Lot 1 ofl-~orse Haven E.slates, as recorded in VOLUME 4285 PAGE 35 of the Official Records of B~'azos County, Texas. Note: This d .~.scription bas been computed from recent ground survey data and existing record .data arid is, for zo .nlng use only in aC. cqrdance with the rovisi Administmtivb Cbde It is not fo- °~- .... i .. . P Gus of the Texas , ', vi ~l~ p ,U~SO OIlan(l conveyance. iii June 2004 Municipal Dev~,lopment Group College Staiio Tex REV SE ) as I Surveyed by:~~ ORDINANCE NO. 274/ EXHIBIT "C" PAGE 6 OF 10 ' ~ METES AND ~)UNDS DESCRIPTION , ~ OFA (PROPOSED R-I ZONE) 17.65 ACRE TRACT MORGAN RECTOR ,LEAGUE, ABSTRACT NO. 46 , I COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all thai certain 17.65 acre tract or parcel of land, being a proposed R-I~ zone, lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Te:~as and being a portion Out ofthat same called 40.38 acre remainder of that same 163,50 acre tract conveyed to Burton R. Hermann, et ux, as described by deed recorded in VOLUME 2085 PAGE 289 of the Official Records of Brazos County, Texas, said 17.65 acre tract being more particularly described as follows: COMMENCING at a ½" iron rod at the base of a fence post, found marking the east corner of~at same 9.74 acre tract ~n.v.~yed from Virginia Boriside to the City of College S. tatiun, as described by deed r~corded in VOLUME 368 PAGE 336 of the Deed Records of Brazos County, Texas, ar/d being an angle point in the southwest line of a 12.47 a~re tract conveyed to David A. Yhrenek, et ux, as described by deed recorded in VOLUME 5832 PAGE 187 of the Official Records of Brazos County, Texas; THENCE S 42° 10' 28" W - 155.98 f~t along the southeastern line of the 9.74 acre tradt to ~e PLACE OF BEGINNINGi ' THENCE S~ 45° 17' 05" E - 388.93 feet through the said remainder tract to a corner for angle point; .THENCE S 56° 04' 30" E - 314.39 feet through the said remainder tract to a corner in the northwest line of the 23.75 acre tract conveyed to Carl C. Kolbe, et ux and described by ~leeds,reebrded in VOLUME 255~ PAGE 126, VOLUME 3213 PAOE 335 and VOLUME 3~213 PAGE 339 ofthe O~ciai Records of Brazos County, Texas; Thence the following calls along the said 23.75 acre ~act: S' 38° 45' 40" W- 92.40 feet to 'a ½" iron md found for corner; ORDINANCE NO. 2741 EXHIBIT "C" i PAGE 7 OF 10 $ 50° 38~ 06" W - 229.75 feet to a s/s "iron rod found for the beginning of a curve to the left (R -- 30.00 feet); Thence 49.60 ' feet along smd curve, whose chord bears S 01° 45' 34" E -44.14 feet, to a ½" iron rod found for en~l of said curve: $ 51° 3,~'12" E - 51.06 feet to a c. apped ½" iron rod set for corner; S 38° 22'43" W - 79.91 feet to a ½~' iron rod found for comer; $ 02° 26' 16" W - 44.20 feet to ~ ~" iron rod found for comer; S 12° 3q'41" E - 146.55 feet to a point for comer; THENCE S 46~ 12' 17" W- 355.80 feet tltrough the said 40.38 acre remainder tract to aa angle point for comer in the calculated 100 year floodplain line as established and monumented on the ground; THENCE S 88° 23' 46" W- 46.73 feet along the said flood plain line and through the said 40.38 acre remainder tract to a poim for corner; THENCE N.' 4,J° 47' 43" W- 258.29 fe~t through the said floodplain and said 40.38 acre remainder tt~et to a point for comer; ~ ~1 TltigNCE ~ 46° 12' 17" W- 27.50 feet through the said 40.38 acre remainder tract to a point for comer; *, THENCE N 490 47' 43" W - 121.23' feet, throngh the said 40.38 acre remainder tract to a point for th~ beginning of a curve to the right (R = 354 89 feet, and bei.. · ) zig inthe southeast right-of-way of Horse Haven La~,e (50.00 feet) as depicted by plat recorded in VOLUME 4285 PAOE 35 of the Official ,Deed Records of Brazes County, Texas; Thence along the said right-of-way line of Horse Haven Lane the following calls: ORDINANCE NO. 27~ EXHIBIT "C' PAGE 8 OF 10 to a capped ½" iron md set for co~r at the beginning of a reverse curve to the left (Rr--' 501.09 feet); , i Thence 202.19 feet along the said curve, whose chord bears S 53° 17' 16" W - 200.82 feet to the end of said qurve; S 41° 43~ 40" W - 127.98 feet to a capped ½" iron rod sci for comer; THENCE N 48° 16' 12" W- 55.00 fc~'acmss the said right-of-way ofltorse Have;~ Lane (50.00 feet) to a capped ½" iron md set for comer in the northeast line of Lot 2 Horse Haven Estates, as depicted by Correction Plat r~corded in VOLUME 3158 PAGE 335, and being ~he beginning ora curve ,to the left (R -- 565.00 feet); THENCE i~2.41 feet along said curve Whose chord bears N 33° 29' 31" E- 161.85 feet to a capped '½" iron rod found for the end,of said curve; TBENCE Iq 25° 15' 38" E - 641.33 feet a ½" iron rod found comer; THENCE N 5[3° 24' 03" W- 674.31 fe~t'a ½" iron rod found for comer in Switch Station Road (a private 60 foot access); THENCE N 41° 55' 45" E - 171.61 fe ,e.t along said access to a ½" iron rod found for comer in the s~. uthwestem line of the s~d 9.74 acre tract; THE~ICE S 47° 52' 01" E'- 530.62 feet,aiong said line to a ½" iron rod found for comer; i ORDINANCE NO. 274/. EXHIBIT "C" PAGE 9 OF 10 TI~NCE N 42° 10' 28" E ~- 378.14 feet a~ng the southeastern line of the 9.74 acre tract to the PLACE OF BEGINNXNG, and containing 17.65 acrex of land BASIS OF BEARING: Plat of Lot 1 of~orse Haven Estates, as recorded in VOLUME 4285 PAGE 35 of the Officiai Records of Brnzos County, Texas; scnpuon has oeen compute~ l~'om current ground survey data and existing record da~n and is for zoning use only in accordance with the provisions of the Texas Admi~i~l~'at|ve Code. It is riot for the purp ~?se of land conveyance. June 2004 Munlcipnl ~elopment Group College Station, Texas ~-I~VISED