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HomeMy WebLinkAbout2005-2785 - Ordinance - 02/24/2005ORDINANCE NO. 2785 AN ORDINANCE MAKING CFRTAIN FINDINGS OF FACT AND VACATING AND ABANDONING A PORTION OF A FIFTY FOOT I50') WIDE ACCESS EASEMENT, WHICH CROSSES AND LIES WITHIN SECTION 4. PHASE 2 OF THE CASTLEGATE SUBDIVISION, IN THE CITY OF COLLEGE STA'IION, TE,'~.S. WHEREAS, the City of College Station has received an application for the vacation and abandonment of a pon,on of a fifO' tbot ¢50') wide access easement, which crosses and lies within Section 4, Phase 2 of the Castlegate Subdivision, in the City of College Station, said portion of the access easement being more particularly described on Exhibit "A" anached hereto, and WHEREAS on February 24, 2005, the City Council of the C~ty of College Slauon, Texas, heard the apphcation of Greens Prairie Investors, Ltd for the vacation and abandonment of the aforementioned portion of the 50 foot wide access easement that crosses and lies within Section 4. Phase 2 of the Castlegate Subdivision, according to the plat recorded in Volume 4362, Pages 42 & 43. of the Official Records of Brazes County. Texas, and WHEREAS. in order for any port,on of an easemem to be vacated and abandoned by the City Council of the C~ty of College Station, the Council must make certain findings of facts, and V~q-IEREAS, after hearing the application of Greens Prair:e Investors, Ltd. to vacate and abandon a 50 foot wide access easement, the City Council of the C~ty of College Station. finds the following facts: The location of a fifty foot (50) wide access easement crosses the applicant's property and inhibits its development The easement has never been used by the City and there ~s no infrastructure in the easement That the land use in the neighborhood appears to be stable and the use to which this property ~s being put is not likely to change wathin the Ibreseeable future and ~s similar to the use to that oftbe neighborhood; and WHEREAS, the City Council after hearing the apphcat,on and finding the specific facts as stated above now concludes and finds that. The fact that the location of the fifty foot {,50') w:de access easement that crosses the applicant's property would deprive the applicant of the reasonable use of his property. The fact that the land use is not likely to change within the foreseeable future provides a basis for granting applicant's request to vacate and abandon a portion of an access easement necessary for the preservation and enjoyment of the substantial property r~ght of the applicant. The Ihct that the abandonment of a portion of the easement is not detrimental to the public health, sat~ty or welfare or injurious to the property in the area: now therefore. Ordinance No. 2785 Page 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION. TEXAS. that a portion of a fiRy foot {50') w~de str, p of [and previously platted as an access easement, which crosses and lies within Section 4. Phase 2 of the Castlegate Subdivision in the C~ty of College Station. as deser, bed on Exh,bit "A" attached hereto, be abaqdoned and vacated. PASSED. ADOPTED and APPROVED this 24th day of February. 2005. APPROVED Alr'I'EST: COIqNIE HOOKS. Cit~ Sec?etary APPROVED. CRy Attorney y* e mr d~'s abandon rewsedJarm ord doe Exhibit A METF_~ AND BOUNDS DESCRIPTION OF A 50' ACCESS EASEMENT ABANDONMENT 0.2836 ACRES TRACT OF LAND OUT OF SECTION 4, PHASE 2 OF THE CASTLEGATE SUBDIVISION OUT OF THE ROBERT STEVENSON SURVEY, A-54 COLLEGE STATION BRAZ, OS COUNTY~ TEXAS All that tact or parcel of land lying md being situated in Bmzos County, Tex., in thc Robefl Stevenson Survey, ^-54, also being out of the Castlngae Sulxllvisio., Sneho. 4, Plaee 2. u m:onk, d m Vol 4362. Pages 42-43, of the Brszos County olr~cial Rooords(B.C.O R.), also being out of the Resmetcd Open Sl~ee Reserve tmel as reeorded in Vol 5040, Pase 30, of the B.C.O.R., and being more paflsculariy described by metes and bounds as follows with all control refe~Ted to the 1983 Tex~ Stale Plane Coordinate ~ystem,/..-mbefl Projeetion, Central Zone. BEGINNING at a point for ~mer laving a Texas Slate Plnne Coordinete Value of Y-10,185,242.21 X-3,574,042.62 and being South 71050'00" Weet, a distanee of 1067.96 feet from Monument #137 rcfereneed lo said Ccordm~e System; THENCE South 42°54'16" We. si, a distance of 2.42 feet Io a 5/8" iron rod found for corner; THENCE South 43° 15'$ I" Wc~ ti distance of 45.90 fent to a ~/8" iron rod found for comer; THENCE South 43°'16'32'' West, a distanee of 1.68 ~'t to a poim for corne~; THENCE Noflh 47°12'07'' Wesl, a distance of 36.73 feet to a point for ~ THENCE Noah 19°44'44" West, a distaflcc of' 87.89 feel to a point for corner;, THENCE Noflh 48005'47'' West, a dismneg of 121.82 feet to a point for caner, being on the southeast right-of-way line of Kendal Green Drive, and being Noflh 41 °54' 13" East, a distancc of 5 00 feet from a 5/8" iron md found for reference for Ihe no~h comer of Lot 38, of said suMivzsion; THENCE Noflh 41°54'13, East, ti distanec of 50.00 feet along the commoo hne be~wsm this tract arid said fight-of-way line to a point for corner, also being South 41°54' 13" West, 5.00 feet from a 5/8" iron rod found for reference for the west comer of Lot 37 of scJd subdivision, THENCE South 48°05'47" Eask a distance of 134.45 feet to a point for comer;, THENCE South 1 9O44'44" East, a distance of 88.30 feet to ti point ~x' corneK THENCE South 47012'07" East, a distanco of 24.92 feet to the PLACE OF BEGINNING oontalnimt 0.2836 acres. Seot4ph2-Abnadon.dne December 23, 2oo4 Exhibit A EASEMENT ABANDONMENT 50' ACCESS EASEMENT CASTLEGATE SUBDIVISION SECTION 4, PHASE 2 VOL. 4362, PG. 42-43 60' ROW N 41°54'13"  th ~'~- BL CK 2 I ~. s., Z 0 P.U E CASTLEGATE ~FaVER~; AS3OCIATION, ' RE$I;~ClED OPEN RESERVE 'gl' - 1.43 ACRES VOl- .504~ PG' 30 ACCESS EASEMENT S 43*46'32" W ~ ~ ~04~ P~ 30 2'07" E ~ 24 92' -S 42°54'17" W ~ 2 42' 43°15'51" W ~ 45 90' SCALE 1' = 50'