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HomeMy WebLinkAbout2020-4154 - Ordinance - 02/10/2020ORDINANCE NO. 2020-4154 AN ORDINANCE ABANDONING APPROXIMATELY 2584 SQUARE FEET OF AN APPROXIMATELY 70-FOOT WIDTH RIGHT OF WAY OF YELLOW TANAGER COURT, SAID PORTION LYING WEST OF THE INTERSECTION OF YELLOW TANAGER COURT AND CINNAMON TEAL DRIVE OF THE BIRD POND ESTATES PHASE 2 SUBDIVISION; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER. WHEREAS, the City of College Station, Texas, has received an application for th e vacation and abandonment of approximately 2584 square feet of an approximately 70–foot width right-of-way of Yellow Tanager Court, said portion lying west of the intersection of Yellow Tanager Court and Cinnamon Teal Drive of the Bird Pond Estates Phase 2 Subdivision, located in Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the “Right-of-Way”); and WHEREAS, in order for Right-of-Way to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Right -of-Way described in Exhibit "A" attached hereto and made a part of this Ordinance for all purposes: 1. Abandonment of the Right-of-Way will not result in property that does not have access to public roadways or utilities. 2. There is no public need or use for the Right-of-Way; 3. There is no anticipated future public need or use for the Right-of- Way; and 4. Abandonment of the Right-of-Way will not impact access for all public utilities to serve current and future customers; PART 2: That the Right-of-Way as described in Exhibit “A” be abandoned and vacated by the City only upon completion of the following conditions: 1. The City shall retain the Right-of-Way until such time that the Applicant has removed the existing pavement from the Right -of- Way in a form acceptable to the City. ORDINANCE NO.2020-4154 Page 2 of 4 PASSED, ADOPTED and APPROVED this 10th day of February, 2020 ATTEST: APPROVED: ____________________________ _____________________________ TANYA SMITH, City Secretary KARL MOONEY, Mayor APPROVED: ____________________________ City Attorney ORDINANCE NO. 2020-4154 EXHIBIT "A"Page 3 of 4 ORDINANCE NO. 2020-4154 EXHIBIT "A"Page 4 of 4