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Home My WebLink About2004-2699 - Ordinance - 02/26/2004ORDINANCE NO 2699 AN ORDINANCE AMENDING CHAPTER 12. "LrNIFIED DEVELOPMENT ORDINANCE," SECTION 4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STAFION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW, DECLARING A PENALTY, AND PROVIDING AN EFFECTIVE DATF BE IT ORDAINED BY THE CITY COL~NCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART I. That Chapter 12, "Unified Development Ordinance," Section 42, "Officml Zoning Map." of the Code of Ordinances of the C~ty of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of th~s ordinance for all purposes. PART 2 That any person, firm, or corporatmn vmlatmg any of the prov~smns of this chapter shall be deemed guilty of a m~sdemeanor, and upon conv~cuon thereof shall be pumshable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000 00) Each day such wolat~on shall continue or be permitted to continue, shall be deemed a separate offense SaM Ordinance. being a penal ordinance, becomes effective ten (10} days after ~ts date of passage by the C~ty Council. as provMed by Sectmn 35 of the Charter of'thc C~ty o£College Statmn PASSED, ADOPTED and APPROVED th~s 26~' day of February 2004. ATTEST C'o~m~c Hooks, City Secretary APPROVFD APPROVED' C,ty AttoFn~' ORDINANCE NO 2699 Page 2 EXHIBIT "A' That Chapter 12, "Umfie. M Development Ordinance." Secnon 4 2, "Officml Zontng Map." of the Code of Ordinances of the C~ty of College Stanch. Texas, ts hereby amended as follows The following property ~s being rezoned from A-O A~m'~cultural Open to R-I Single Famdy Res~denual. ALL THAT CERFAIN TRACT OF LAND LYING AND BEING SITUATED IN THE STERRETT D SMITH LEAGUE ABSTRACT NO 210, COLLEGE STATION, BRAZOS COUNTY, TEXAS SAID TRACT BEING ALL OF A CALLED 0 188 ACRE TRACT AS DESCRIBED BY A DEI. D TO PAT KU/TGEN RECORDED IN VOLUME 3823, PAGE 274 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY. TEXAS. ALI OF A CALLED 0 109 ACRE TRACT AS DESCRIBED BY A DEED TO KIMBERLY W HILL AND JEFFRE5 D HILL RECORDED IN VOLUME 4752, PAGE 209 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY. TEXAS, ALL OF A CALLED 0 12 ACRE TRACT AS DESCRIBED BY A DEED TO IRENE C BAINUM AND OLIVE I PADEN RECORDED IN VOLUME I093, PAGE 456 OF THE OFFICIAL RECORDS OF BRAZOS COtYNTY. TEXAS, ALL OF A CALLED 0 I 1 ACRE TRACT AS DESCRIBED BY A DEED TO EMILY ZOLIN RECORDED IN VOLUME 1396, PAGE 8 OF THE OFFICIAL PUBLIC RI'CORDS OF BRAZOS cOLrNTY, TEXAS, ALL OF A CALLED 0 13 ACRE TRACT DESCRIBED AS TRACT ONE AND ALL OF A CALLED 0 II ACRE TRACT DESCRIBED AS TRACT TWO BY A DEED TO CHARLES H SLISHER REVOCABLE TRUST AND JANE E SLISHER REVOCABLE TUST RECORDED IN VOLUME 3802, PAGE 321 OF THE OFFICIAL PUBLIC RI.CORDS OF BRAZOS CO[~/TY, TEXAS, ALL OF A CALLED 0 09 ACRE FRACT DESCRIBED AS TRACT ONE AND ALL OF A CALLED 0 I0 ACRE TRACT DES£RIBED AS TRACT TWO BY A DEED TO CHARLES W BOYD AND PATSY J BOYD RECORDED IN VOLUME 1o96 PAGE 42 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. ALL OF A CALLED 0 161 ACRE TRACT AS DESCRIBED BY A DEED TO DOMINGO MUNOZ AND WIFE. MIQUELA MUNOZ, RECORDED IN VOLUME 2716, PAGE 21 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, ALL OF A CALLED 0 17 ACRE TRACT AS DESCRIBED BY A DEED TO JOY£E G THORN RECORDED IN VOLUME 4005, PAGE 233 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COL~ITY, l EXAS. ALL OF & CALLED 0 23 ACRE ACCESS EASEMENT ICOMMONLY KNOWN AS 'FAIRHAVEN (OVE") AS DESCRIBED IN VOLUME 3030, PAGE 225 OF THE OFFICIAL PUBIC RECORDS OF BRAZOS COUNTY TEXAS, AND A PORTION OF THE REMAINDER OF A CALLED 3 15 ~.(RE TRACT AS DESCRIBED B5 DEED TO PHYLISS JEANNE HOBSON, TRUSTEE. RECORDED IN VOLUME 942, PAGE 735 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOLrNDS [bi THE ATTACHED EXHIBIT "B" ~,ND SHOXl.~N GRAPHICALLY IN THE A'VI'ACHED EXHIBIT' C" ORDINANCE NO. 2699 EXHIBIT "B" PAGE 3 OF 6 METES AND BOUNDS DESCRIPTION OFA 1.8{ ACRE TRACT STERRE~r D. SMITH LEAGUE, A-210 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING A.ND BEING SITUATED IN THE STERRETT D SMITH LEAGUE, ABSTRACT NO 210, COLLEGE STATION, BRA7_,OS COUNTY, TEXAS SAID TRACT BEING ALL OF A CALLED 0.188 ACRE TRACT AS DESCRIBED BY A DEED TO PAT KULTGEN RECORDED IN VOLUME 3823, PAGE 274 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, ALL OF A CA ! .! .~.n 0.109 ACRE TRACT AS DESCRIBED BY A DEED TO KIMBERLY W. HILL AND JEFFREY D HILL RECORDED IN VOLUME 4752, PAGE 209OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, ALL OF A CAI.I.P~ 0 12 ACRE TRACT AS DESCRIBED BY A DEED TO IRENE C BAINUM AND OLIVE I PADEN RECORDED IN VOLUME 1093, PAGE 456 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AI.L OF A CALLED 0 11 ACRE TRACT AS DESCRIBED BY A DEED TO EMILY ZOLIN RECORDED IN VOLUME 1396, PAGE 8 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, ALL OF A CALLED 0 13 ACRE TRACT DESCRIBED AS TRACT ONE AND ALL OF A CALLED 0 11 ACRE TRACT DESCRIBED AS TRACT TWO BY A DEED TO CHARLES H SLISHER REVOCABLE TRUST AND JANE E SLISHER REVOCABLE TRUST RECORDED IN VOLUME 3802, PAGE 321 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, ALL OF A CALLED 0.09 ACRE TRACT DESCRIBED AS TRACT ONE AND A I.L OF A CALLED 0.10 ACRE TRACT DESCRIBED AS TRACT TWO BY A DP.k'n TO CHARLES W. BOYD AND PATSY $. BOYD RECORDED IN VOLUME 1696, PAGE 42 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, ALL OF A CALLED 0.161 ACRE TRACT AS DESCRIBED BY A DEED TO DOM]NGO MUNOZ AND WIFE, MIQUELA MUNOZ, RECORDED IN VOLUM~ 2716, PAGE 21 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COLIN'FY, TEXAS, Al.l. OF A CA! .I .~T~ 0 17 ACRE TRACT AS DESCRIBED BY A DEED TO $OYCE G THORN RECORDED IN VOLUME 4005, PAGE 233 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, ALL OF A CALLED 0 23 ACRE ACCESS EASEMENT (COMMONLY KNOWN AS "FAIRHAVEN COVE") AS DESCRIBED IN VOLUME 3030, PAGE 225 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, 'rlcY, AS, AND A PORTION OF THE REMAINDER OF A CALLED 3.15 ACRE TRACT AS DESCRIBED BY A DEED TO PHYLISS JEANNE HOBSON, TRU$~ RECORDED IN VOLUME 942, PAGE 735 OF THE Olq,-iCIAL RECORDS OF BRAZOS COUNTY, TEXAS SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING AT A ½ INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF NANTUCKEF DRIVE (60' R.O.W.) MARKING THE NORTHWEST CORNER OF SAID 0.188 ACRE KULTGEN TRACT AND THE NORTHEAST CORNER OF LOT !, BLOCK 1, NANTUCKET, PHASE 6B, ACCORDING TO THE PLAT RECORDED IN VOLUME 3704, PAGE 79 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, THENCE: N 60" 35' 52" E ALONG THE SOUTHEAST LINE OF NANTUCKET DRIVE FOR A DISTANCE OF 114 38 FEET TO A 3/8 INCH IRON ROD FOUND MARKING TI-lIE NORTHEAST CORNER OF SAID 0.188 ACRE KULTGEN TRACT AND THE NORTHWEST CORNER OF SAID ACCESS EASBIvlENT; TI. mNCE: N 60° $6' 52" E CON-I-INUINO ALONG THE SOUTtiF. AST LINE OF NANTUCkg, DRIVE FOR A DISTANCE OF 32.27 Fi~T TO A ½ INCH IRON ROD FOUND MARKING ~ NORTHW]~T CORNBR OF SAID 0.17 ACRE THORN TRACT; ORDINANCE NO. 2699 EXHIBIT "B" PAGE 4 OF 6 THENCE: N 60 ° 30' 47" E CONTINUING ALONG THE SOUTH EAST LINE OF NANTUCKET DRIVE FOR A DISTANCE OF 104 38 FEET TO A '/2 INCH IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID 0 17 ACRE THORN TRACT, THENCE: S 24° 48' 08" E THROUGH SAID REMAINDER OF 3 15 ACRE TRACT AND ALONG THE EASTERLY LINE OF SAID 0 17 ACRE THORN TRACT FOR A DISTANCE OF 52 7 i FEET TO A 3/8 INCH IRON ROD FOUND MARKING AN ANGLE POINT IN THE EAST LINE OF SAID 0 17 ACRE THORN TRACT. THENCE: S 12 ° I O' 42" E ALONG THE COMMON LINE OF SAID 0 17 ACRE THORN TRACT AND THE REMAINDER OF A CALLED 595 83 ACRE TRACT AS DESCRIBED BY A DEED TO NANTUCKET, LTD, RECORDED IN VOLUME 531, PAGE 398 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, FOR A DISTANCE OF 18 56 FEET TO A ½ INCH IRON ROD FOUND MARKING THE COMMON CORNER OF SAID 0 17 ACRE THORN TRACT AND SAID 0 161 ACRE MUNOZ TRACT, THENCE: S 11 ° 12' 46" E ALONG THE COMMON LINE OF SAID 0 161 ACRE MUNOZ TRACT AND SAID REMAINDER OF 595 83 ACRE TRACT FOR A DISTANCE OF 7 80 FEET TO A ½ INCH IRON ROD FOUND MARKING AN ANGLE POINT IN SAID LINE. THENCE: S 09° 01' 06" W CONTINUING ALONG THE COMMON LINE OF SAID 0 161 ACRE MUNOZ TRACT AND SAID REMAINDER OF 595 83 ACRE TRACT FOR A DISTANCE OF 80 37 FEET TO A ½ INCH IRON ROD FOUND MARKING THE COMMON CORNER OF SAID 0 161 ACRE MUNOZ TRACT AND SAID 0 09 ACRE BOYD TRACT. THENCE: S 18 ° 47' 35" E ALONG THE COMMON LINE OF SAID 0 09 ACRE BOYD TRACT AND SAID REMAINDER OF 595 83 ACRE TRACT FOR A DISTANCE OF 44 17 FEET TO A ½ INCH IRON ROD FOUND MARKING THE COMMON CORNER OF SAID 0 09 ACRE BOYD TRACT AND SAID 0 I 0 ACRE BOYD TRACT, THENCE: S 18 ° 26' 53" E ALONG THE COMMON LINE OF SAID 0 10 ACRE BOYD TRACT AND SAID REMAINDER OF 595 83 ACRE TRACT FOR A DISTANCE OF 72 35 FEET TO A ½ INCH IRON ROD FOUND MARKING THE COMMON CORNER OF SAID 0 10 ACRE BOYD TRACT AND SAID 0 13 ACRE SLISHER TRACT. THENCE: S ! 8 ° 2Y 37" E ALONG THE COMMON LINE OF SAID 0 13 ACRE SLISHER TRACT AND SAID REMAINDER OF 595 83 ACRE TRACT FOR A DISTANCE OF 39 86 FEET TO A 3/8 INCH IRON ROD FOUND MARKING AN ANGLE POINT IN SAID LINE, THENCE: S 46° 21' 03" W CONTINUING ALONG THE COMMON LINE OF SAID 0 13 ACRE SLISHER TRACT AND SAID REMAINDER OF 595 83 ACRE TRACT FOR A DISTANCE OF 89 32 FEET TO A 3/8 INCH IRON ROD FOUND MARKING AN ANGLE POINT IN THE SOUTH LINE OF SAID 0 11 ACRE SLISHER TRACT. THENCE: S 62° 30' 13" W ALONG THE COMMON LINE OF SAID 0 ! I ACRE SLISHER TRACT AND SAID REMAINDER OF 595 83 ACRE TRACT FOR A DISTANCE OF 34 89 FEET TO A ½ INCH IRON ROD FOUND MARKING THE COMMON CORNER OF SAID 0 1 ! ACRE SLISHER TRACT AND SAID 0 1 ! ACRE ZOLIN TRACT, THENCE: S 62 ° 57' 05" W ALONG THE COMMON LINE OF SAiD 0 11 ACRE ZOLIN TRACT AND SAiD REMAINDER OF 595 83 ACRE TRACT FOR A DISTANCE OF 40 12 FEET TO A 2/8 INCH IRON ROD 2 ORDINANCE NO. 2699 EXHIBIT "B" PAGE $ OF 6 FOUND MARKING AN ANGLE POINT IN SAID LINE. THENCE: N 88° 26' 22" W CONTINUING ALONG THE COMMON LINE OF SAID 0 11 ACRE ZOLIN TRACT AND SAID REMAINDER OF 595 83 ACRE TRACT FOR A DISTANCE OF 36 71 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE COMMON CORNER OF SAID 0 l 1 ACRE ZOLIN TRACTAND SAID 0 12 ACRE BAU~RYM AND PADEN TRACT, THENCE: N 88" 12' 53" W ALONG THE COMMON LINE OF SAID 0 12 ACRE BAINUM AND PADEN TRACT AND SAID REMAINDER OF 595 83 ACRE TRACT FOR A DISTANCE OF 57 22 FEET TO A '/~ INCH IRON ROD FOUND MARKING AN ANGLE POINT IN THE SOUTH LINE OF SAID 0 12 ACRE TRACT, SAID IRON ROD FOUND BEING ON THE SOUTHERLY LINE OF SAID 3 15 ACRE TRACT. THENCE: N 36° i 1' 02" W THROUGH SAID 3 15 ACRE TRACT AND ALONG THE SOUTHWEST LINE OF SAID 0 12 ACRE BAINUM AND PADEN TRACT FOR A DISTANCE OF 28 81 ~-E~l' TO A V: INCH IRON ROD FOUND MARKING THE COMMON CORNER OF SAID 0 12 ACRE TRACT AND SAID 0 ] 09 ACRE HILL TRACT, THENCE: N 35° 16' 45" W CONTINUING THROUGH SAID 3 15 ACRE TRACT AND ALONG THE WESTERLY LINE OF SAID 0 109 ACRE HILL TRACT FOR A DISTANCE OF 67 44FEET TO A ~ INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF SAID 0 109 ACRE HILL TRACT, TIi~NCE: N 01 ° 41' 52" E CONTINUING THROUGH SAID 3 15 ACRE TRACT FOR A DISTANCE OF 55 34 FEET TO A 318 INCH IRON ROD FOUND MARKING AN ANGLE POINT IN THE WEST LINE OF THIS HEREIN DESCRIBED TRACT, THENCE: N 09 ° 04' 48" E CONTINUING THROUGH SAID 3 15 ACRE TRACT FOR A DISTANCE OF 52 5 ] FEET TO A th INCH rRON ROD FOUND MARKING ANOTHER ANGLE POINT IN THE WEST LINE OF THIS HEREIN DESCRIBED TRACT, THENCE: N 07 ° 49' 45" E CONTINUING THROUGH SAID 3 15 ACRE TRACT, AT 22 05 FEET PASS A 3/8 INCH IRON ROD FOUND MARKING THE SOUTHWEST CORNER OF SAID 0 188 ACRE KULTGEN TRACT, CONTINUE ON FOR A TOTAL DISTANCE OF 42 66 FEET TO A th INCH IRON ROD FOUND MARKING AN ANGLE POINT IN THE WEST LINE OF SAID 0 ! 88 ACRE KULTGEN TRACT. THENCE: N 22 ° 24' 34" W CONTINUING THROUGH SAID 3 15 ACRE TRACT A]qD ALONG THE WEST LINE OF SAID 0 188 ACRE KULTGEN TRACT FOR A DISTANCE OF 47 12 FEET TO THE POINT OF BEGINNING CONTAINING 1 81 ACRES OF LAND AS SURVEYED ON THE GROUND DECEMBER 2003 SEE PLAT PREPARED DECEMBER 2003, FOR MORE DESCRIPTIVE INFORMATION BEARING SYSTEM SHOWN HEREIN IS BASED ON ORID NORTH AS ESTABLISHED FROM GPS OBSERVATION BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No 4502 D/WORK/MAB~03.0152 MAB