HomeMy WebLinkAbout2004-2704 - Ordinance - 03/11/2004ORDINANCE NO 2704
AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND
ABANDONING A 15' PUBLIC UTILITY EASEMENT, WHICH CROSSES AND LIES
WITHIN LOTS 3 AND 4, BLOCK I, UNIVERSITY PRESERVE SUBDIVISION IN THE
CITY OF COLLEGE STATION, TEXAS
WHEREAS, the City of College Station has received an apphcauon for the vacation and
abandonment of a fifteen (15) foot w~de public utdlty easement, which crosses and lies withm
Lots 3 and 4. Block 1, University Preserve Subdivision m the City of College Station, said
easement being more particularly described on Exhibit "A" attached hereto; and
WHEREAS on March I 1, 2004, the City Council of the City of College Station, Texas, heard the
application of Sw~tzer Deason, for the vacation and abandonment of the aforementioned fifteen
¢15) foot wide public utility easement that crosses and lies within Lots 3 and 4, Block I,
Umversity Preserve Subdivision, accordmg to a plat recorded m Volume 4958. Page 252. of the
Official Records of Brazos County. Texas; and
WHEREAS, in order for any portion of an easement to be vacated and abandoned by the City
Council of the Cfly of College Station, the Council must make certain findings of facts; and
WHEREAS, after hearing the application of Switzer Deason to vacate and abandon the fifteen
{I 5) foot wide public utihty easement, the City Council of the City of College Station. finds the
following facts
The location of the utdlty easement crosses the applicant's property and inhibits
its developmenL
2
The utility easement Is no longer used by the City and lhere is no infrastructure
the easement
3
That the land use in the neighborhood appears to be stable and the use to which
this property is being put Is not likely to change within the foreseeable future and
is similar to the use to that of the neighborhood; and
WHEREAS, the City Council after hearing the application and finding the specific facts as stated
above now concludes and finds that:
The fact that the location of the utility easement that crosses the applicant's
property would deprive the applicant of the reasonable use of his property
2
The fact that the land use is not likely to change w~thin the foreseeable future
provides a basis for granting apphcant's request to vacate and abandon the utility
easement necessary for the preservation and enjoyment of the substantial property
right of the applicant
3
The fact that the abandonment of a portion of the easement is not detrimental to
the public health, safety or welfare or injurious to the property m the area; now
therefore,
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Ordinance No. 2704 Page 2
BE IT OR. DArNED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION.
TEXAS. that a fifteen (15) foot wide public utlhty easement, wluch crosses and lies wtthm Lots
3 and 4, Block 1, University Preserve Subdivmon m the C~ty of College Station, said easement
being more particularly described on Exhibit "A" attached hereto, be abandoned and vacated.
PASSED. ADOPTED and APPROVED this I I'h day or March, 2004
APPROVED:
ATTEST.
C ,O~rNIE HOOKS. City Secretary
APPROVED:
City Attorney
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EXHIBIT A