HomeMy WebLinkAbout2004-2693 - Ordinance - 02/12/2004ORDINANCE NO 2693
AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND
ABANDONING A 20 FOOT WIDE SANITARY SEWER EASEMENT. THAT CROSSES
AND LIES WITHIN LOT 2. HOLLEMAN PLACE SUBDIVISION. IN THE CITY OF
COLLEGE STATION. TEXAS
WHEREAS. the C,ty of College Stat,on has rece~,,ed an apphcauon for the vacauon and
abandonment of a 20 foot w~de ut,My easement, thai crosses arid hes w,thm Lot 2. Holleman
Place Subd,v~s,on. m the Ctty of College Stat,on, sa,d samtarv sewer easement being more
pamcularly described on Exfub,t "A" auached hereto; and '
WHEREAS on January 22. 2004. the City Councd of the C,ty of College Stat,on. Texas. heard
the apphcatmn of tile Economic Development Director upon approval by the City Engineer of the
rerouted sewer infrastructure ,n a separate easement for the vats, mn and abaadonment of tile
aforement,oned of the 20 foot w,de samtary sewer easement that crosses and hes wnbm Lot 2.
Holleman Place Subd,vlsmn. according to the plat recorded ,n Volume 1040. Page 785. of tile
Of'fie,al Records of Brazos County. Texas: and
WHEREAS. ~,l order for an easement to be x acated and abandoned by the C~ty Council of the
C,ty of College Stat,on. the Councd must make cerlam findings of facts, and
WHEREAS. after hearing the apphcat~on of the Economic Development D,rector to vacate and
abandon a 20 wMe samtary sewer easement, the C,ty Council of the C,ty of College Station.
finds the fullowmg facts
1
The Iocauon of a 20 xwde samtary sewe, ease,hen, crosses tile property and
rahab,ts ,ts development by the owner
The samtary sewer easement has been used by tile C,ty but the ex,sting sewer hne
will be rerouted as pm't of an econom,c development agreement and there will be
no need for the mfiastructure m the current easement
That tile land use m the nezghborhood appears to be stable and the use to wMch
thJs property ,s being put ,s not hkely to change within the foreseeable future and
,s sml,lar to the use to tbat of the neighborhood, and
WHEREAS. tile C,ty Councd after hea, mg the apphcauon and finding tile spec,ftc facts as stated
above now concludes and finds that
The fact that tile location of the 20 foot w,de samtary sewer easement that crosses
the apphcant's p, operty would deprive the owner of the reasonable use of the
property for econom,c development purposes
The fact that the land use is not hkely to change ~,thm the foreseeable future
provMes a basra I'br granung tile apphcant's request to vacate and abandon the
samtary sewe, easement necessary for the preservat,on and enjoymem of the
subs,an,mi property ngbt of the owner.
Ordinance No 2693 Page 2
The fact that the abandonment of the easement ~s will not detrimental to the pubhc
health, safety or welfare or injurious to the property m the area once the rerouted
sewer hne ~n a separate substitute easement ~s 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 w~de strip of land premously platted as a santtaD~ sewer easement, which
crosses and lies within Lot 2. Holleman Place Subdivision in the C~ty of College Station. as
described on Exhibit "A" at/ached hereto, be abandoned and vacated at the tm~e of approval by
the C~ty Engineer of the rel outed sewer infrastructure in a separate easement
PASSED. ADOPTED and APPROVED tMs t2th day of February .2004
APPROVED
RON glLV'[4, Mayor -
ATTEST
CONNIE HOOKS, C~ty Secretary
APPROVED'
E-Signed by Roxanne Nemclk (~
VERIFY authenticity with Approvelt
City Attorney
Joe Orr, Inc.
2167 Post Oak Circle
College Station, TX 77845
(979) 690-3378
Proposed Abandonment of Easement
Lot 3R Hollemen Place
Morgan Rector Longuc
College Station, Texas
December 30, 2003
All that certain tract or parcel of land lying and being grunted in thc Morgan Rector
League (Abstract No 46) in College Stat,on, Brazes County, Texas, being thc same 20'
Sanitary Sewer Ensem~nt shown across Let 3R of Holleman Place Rapier which ~ not
yet be~n filed end also being the same 20' Sanitary Sewer ~ent shown across Lot 2
of Holleman Place described by plat of record in Volume 10~0, Page 485 ofthe Official
Records of Brazes County, Texas, and being an easement twenty feet (20') m width lying
ten feet (10') each side of th~ following described e. enterlm¢:
Be~nmg m ~hc northwest line of Richards Steer $ 41~ 30' 23" W - 29.26 feet from the
most easterly comer of the said Lot 3R of Holleman Place Replat
Thence N 80° 19' 19" W - 440.16 feet through the seJd Lot 3R to thc end of this
easement in the proposed new southeast tight-of-way line of Holleman Dr~ve at a point
located S 59° 29' ! 9" W - 276.08 feet from the most northerly comer of the said Lot 3R.
Bearings ere Texas State Plenc, Cen~'al Zone, NAD-83 datum, as deterrmned by GP$
observations and City of College Station 1994 GPS monuments.
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