HomeMy WebLinkAbout2021-4295 - Ordinance - 09/09/2021ORDINANCE NO. 2021-4295
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING
AND ABANDONING A 0.260 ACRE PORTION OF THE 40-FOOT WIDTH RIGHT OF
WAY OF STASNY LANE, SAID PORTION LYING WITHIN THE MORGAN
RECTOR LEAGUE, ABSTRACT 46, ACCORDING TO THE CONVEYANCE DEED
RECORDED IN VOLUME 103, PAGE 576 OF THE DEED RECORDS OF BRAZOS
COUNTY, TEXAS.
WHEREAS, the City of College Station, Texas, has received an application for the
vacation and abandonment of a 0.260 acre portion of the 40–foot width Right-of-Way of
Stasny Lane, said portion lying within the Morgan Rector League, Abstract 46, according
to the conveyance deed recorded in Volume 103, Page 576, 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.Other than as set forth herein, there is no public need or use for the
Right-of-Way;
3.Except as may be provided for in this ordinance, there is no
anticipated future public need or use for the Right-of-Way;
4.As set forth in this ordinance, abandonment of the Right-of-Way
will not impact access for all public utilities to serve current and
future customers;
5.Utility infrastructure exists within the Right-of-way and the City has
a continuing need for currently remaining public utilities to
remain within the Right-of-way, and said uses are expressly not
abandoned herein; and
ORDINANCE NO. 2021-4295 Page 2 of 5
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 blanket public utility easement over the entire
property until such time that the Applicant, conveys by separate
instrument or plat to the City a public utility easement at the location
of the electrical utilities, in a form acceptable to the City.
PASSED, ADOPTED and APPROVED this 9th day of September, 2021.
ATTEST: APPROVED:
____________________________ _____________________________
City Secretary Mayor
APPROVED:
____________________________
City Attorney
Ordinance No. 2021-4295 Page 3 of 5Exhibit "A"
Ordinance No. 2021-4295 Page 4 of 5
Ordinance No. 2021-4295 Page 5 of 5