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HomeMy WebLinkAbout2004-2717 - Ordinance - 04/29/2004ORDINANCE NO 2717 AN ORDINANCE MAK/NG CERTAIN FINDINGS OF FACT AND VACATING AND ABANDONING A 20 FOOT WIDE PUBLIC UTILITY EASEMENT, THAT CROSSES AND LIES WITHIN LOT 2 OF THE REPUBLICBANK ADDITION. IN THE CITY OF COLLEGE STATION. TEXAS WHEREAS, the City of College Station has received an application for the vacation and abandonment ora 20 foot wide public utd~ty easement, that crosses and I,es within Lot 2 ofthe Repubhcbank Add~tion, in the City of College Station. said public utdity easement being more particularly described on Exhlbtt "A" a~tached hereto, and WHEREAS on April 29, 2004, the C~ty Council of the City of College Station. Texas. heard Ihe application of Mary Makms, Manager of Jane Street, Ltd., for the vacation and abandonment of the aforemenUoned of the 20 foot wide public utility easement that crosses and lies within Lot 2 of the Repubhcbank Addition, according to the plat recorded m Volume 980. Page 629, of the Official Records of Brazos County, Fexas. and WHEREAS, m order for an easement to be vacated and abandoned by the City Council of the City of College Station, the Council must make certain f]ndings of facts, and WHEREAS, after hearing the application of Mary Makms. Manager of Jane Street. Ltd, to vacate and abandon a 20 foot wide public utility easement, the City Council of the City of College Station, finds the following facts: That the locat,on of a 20 foot wide pubhc ut,l,ty easement crosses the property and inh~blls its development by the owner That the public utility easement ~s being used by the City, Venzon Telephone Company and Co,~ Communications, lnc and the existing sewer line and electric will be rerouted by the applicant. Cox Communications, Inc. and Verizon Telephone Company will reroute their utihty. That the land use m the ne,ghborhood appears to be stable and the use to which this propel'ly ,s being put is not likely to change w,thm the foreseeable future and ,s s,m,lar to the use to that of thc neighborhood. and WHEREAS, the City Council after hearing the application and finding the ~peclfic facts as stated above now concludes and finds that. The fact that the Iocatton of the 20 foot wide public utility easement that crosses the apphcant's property would depflve the owner of the reasonable use ofthe property for developmenl purposes. The fact that the apphcant intends to relocate the existing sewer and electrical infrastructure to a replacement public utility easement 2. The fact that the land use is not likely to change within the foreseeable future provides a basis for granting the applicant's request to vacate and abandon the public utlhty easement necessary for the preservatmn and enjoyment of the substantial properly right of the owner The fact that the abandonment of the easement ts will not detrimental to the public health, safety or welfare or inJUriOUS to the property m the area once the rerouted utllstles are relocated to a replacement easement and accepted by the C~ty Engineer, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS. that a 20 foot wide strip of land previously platted as a public utility easement, which crosses and hes within Lot 2 of the Repubhcbank Addition m the City of College StaUon, as described on Exhibit "A" attached hereto, be abandoned and vacated by Ihe C~ty only upon compleuon ofthe following condmons- That the applicant relocate the rerouted sewer and eleclnc infrastructure to a replacement public utility easement. That the City Engineer approve the rerouted sewer and electric infrastructure, and That the applicant dedicate to the City the replacement public utility easement either by replat or by separate instrument m comphance with the C~ty's regulauons; Provided, however, that the City reserves all rights m the ex~stmg pubhc utility easement until such time as the above condmons are met by the apphcant and accepted by the City PASSED, ADOPTED and APPROVED this 29th day of April, 2004 APPROVED. ATEST - CONNIE [lOOKS, City Secretary APPROVED CITY ATTORNEY Exhibit A Ordinance No. 2717 '~q~C~ alaflg the floflfuast Ine of add Ld 2 a. ~#oue, S 47'48'10' E for a dls~.-.,~ ~ 15,50 feet to a I/2' kofl rod found S 47'34'00' E for a ~ ~ 4.,50 Feet ~o a ~ 8et~ ~E~CE S 40'37'1'7' w ~ 8ald Te, m, 68. H47'34~'W- 147.43'