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HomeMy WebLinkAbout2020-4176 - Ordinance - 05/14/2020 ORDINANCE NO. 2020-4176 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.693 ACRE PORTION OF THE 63-FOOT WIDTH RIGHT OF WAY OF BIOMEDICAL WAY, SAID PORTION LYING SOUTHEAST OF THE INTERSECTION OF HSC PARKWAY AND BIOMEDICAL WAY, ACCORDING TO THE PLAT OF THE TRADITIONS SUBDIVISION, PHASE 23, RECORDED IN VOLUME 11293, PAGE 184 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application from Bryan Traditions, LP, (“Applicant”) for the vacation and abandonment of a 0.693 acre portion of the 63–foot width Right-of-Way of Biomedical Way, said portion lying southeast of the intersection of HSC Parkway and Biomedical Way, according to the plat of the Traditions Subdivision, Phase 23, recorded in Volume 11293, Page 184, of the Deed Records of 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; 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 a public access easement over the area described in Exhibit “A” until such time that the Applicant has constructed a Public Way and Temporary Turnaround to the southwest in a form acceptable to the City. ORDINANCE NO. 2020-4176 Page 2 of 4 2. The City shall retain a blanket public utility easement over the area described in Exhibit “A” until such time that the Applicant conveys by separate instrument or plat to the City a public utility easement at the location of the existing water and electrical lines, in a form acceptable to the City. PASSED, ADOPTED and APPROVED this 14TH day of May, 2020 ATTEST: APPROVED: ____________________________ _____________________________ TANYA SMITH, City Secretary KARL MOONEY, Mayor APPROVED: ____________________________ City Attorney ORDINANCE NO. 2020-4176 EXHIBIT "A"Page 3 of 4 B I OM E D I C A L W A Y 6 3 ' R . O .W . ( 1 1 2 9 3 / 1 8 4 ) ' B U R G E S S L A N E ' (4 0 ' W I D E S T R I P O F L A N D ) B R Y A N C O MM E R C E A N D D E V E L O P M E N T I N C . C A L L E D 0 . 9 0 A C R E T R A C T T R A C T 4 , 4 0 2 3 / 7 1 N/F BRYAN COMMERCE AND DEVELOPMENT INC. PORTION OF THE REM. OF CALLED 324.83 ACRE TRACT 4023/91 POINT OF BEGINNING TRACT ONE 5.831 ACRE TRACT T R A C T TW O 0. 6 9 3 A C R E T R A C T SURVEY PLAT OF A 0.693 ACRE TRACT PORTION OF BIOMEDICAL WAY JOHN H. JONES SURVEY, A-26 COLLEGE STATION, BRAZOS COUNTY, TEXAS P ORDINANCE NO. 2020-4176 EXHIBIT "A"Page 4 of 4