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2017V13862P129
CITY OF COLLEGE STATIONHome of Texas A^rM University"Office of the City SecretaryCERTIFICATE TO COPY OF PUBLIC RECORDCITY OF COLLEGE STATION §STATE OF TEXASCOUNTY OF BRAZOSBefore me, the undersigned authority, personally appeared Sherry Mashburn, who, beingby me duly sworn deposed as follows:My name is Sherry Mashburn. I am of sound mind, capable of making this affidavit, andpersonally acquainted with the facts herein stated.I am the custodian of the records of the City of College Station, Brazos County, Texas.Attached hereto is a full, true and correct copy of Ordinance No. 2017-3861 adopted by the CityCouncil on February 9, 2017.I further certify, in the performance of the functions of my office, that said pages of recordis an official record from the public office of the City Secretary, City of College Station, BrazosCounty, Texas, and are public records which are kept in said office and appear of record in saidoffice.In witness whereof I have hereunto set my hand and affixed the official seal of the City ofCollege Station, this 16th day of February, 2017.x/v^\(^MtSworn to and subscribed before me on.TANYAMcNUTT'11652789.5N&tary^PubU^StaieofTewMyCommission Expires.February 14,2018Sherry Mashbi^fn, City SecretaryCity of College^Station, TexasBrazos County, State of Texasth d^y of f>te)rb)^ry, 2017.^^^J7)^k^d~Notary Pu^ic, State of Texas?.Q. BOX ^%(i • 1101 7T.XAS ;\\T.Nt.'E • CD! I H;l; S I'Al'ION • TEXAS . 7^4,'CStK.gOV ORDINANCE NO. 2017-3861AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS ANDVACATING AND ABANDONING A 2,172 SQUARE FOOT PUBLIC UTILITYEASEMENT LYING WITHIN LOTS 6-10, BLOCK 4 OF THE TAUBER ADDITIONAND A 1,350 SQUARE FOOT PUBLIC UTILITY EASEMENT LYING WITHINLOTS 13-15, BLOCK 4 OF THE TAUBER ADDITION, ACCORDING TO THE PLATRECORDED IN VOLUME 133, PAGE 182, OF THE DEED RECORDS OF BRAZOSCOUNTY, TEXAS.WHEREAS, the City of College Station, Texas, has received an application for thevacation and abandonment of a 2,172 Square Foot Public Utility Easement lying withinLots 6-10, Block 4 and a 1,350 Square Foot Public Utility Easement lying within Lots13-15, Block 4 ofTauber Addition, according to the plat recorded in Volume 133, Page182, of the Deed Records of Brazos County, Texas, as described in Exhibit "A" attachedhereto (such portion hereinafter referred to as the Public Utility Easements"); andWHEREAS, in order for the Public Utility Easements to be vacated and abandoned bythe City Council of the City of College Station, Texas, the City Council must makecertain affirmative findings; now therefore,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGESTATION, TEXAS:PART 1: That after opening and closing a public hearing, the City Council finds thefollowing pertaining to the vacating and abandoning of the Public UtilityEasements described in Exhibit "A" attached hereto and made a part ofthis ordinance for all purposes.1. Abandonment of the Public Utility Easements will not result inproperty that does not have access to public roadways or utilities.2. There is no public need or use for the Public Utility Easements.3. There is no anticipated future public need or use for the PublicUtility Easements.4. Abandonment of the Public Utility Easements will not impactaccess for all public utilities to serve current and future customers. ORDINANCE NO. 2017-3861Page 2 of 6PART 2: That the Public Utility Easements as described in Exhibit "A" beabandoned and vacated by the City upon completion of the following condition:1. That the Applicant shall, upon completion of the removal andrelocation of utilities at the owners' expense, convey by separateinstrument or plat to the City a public utility easement in a formacceptable to the City if necessary.PASSED, ADOPTED and APPROVED this 9th day of February, 2017ATTEST: AP.PICity Secret^APPtWM):Ci^^ttomey ORDINANCE NO. 2017-3861Page 3 of 6THornas Land SurveyingSurveying * Planning • Project ManagementEXHIBIT ADecember 29, 20167.5 Foot Public Utility Easement2172 Square FeetFieldnotes for 2172 square feet of land out of Lots 6, 7, 8, 9, and 10, Block 4 ofTauber Addition to CollegeStation in Brazos County, Texas, the map or plat thereof recorded in Volume 133, Page 182 of the DeedRecords ofBrazos County, said 2172 square feet of land being more particularly described by metes andbounds as follows:BEGINNING at a 5/8 inch steel rod with cap set in the Southeast line of Cherry Street, based on a 50 footright-of-way, said point being the most Westerly comer of Lot 11 of said Block 4 and the common mostNortherly comer of said Lot 10 and the herein described tract;Thence, South 47°50'26" East, 289.66 feet with the Southwest line of Lots 11, 12, 13, 14,and 15 and theNortheast line of said Lots 6, 7, 8, 9, and 10 of said Block 4 to a point for the most Easterly comer ofsaid Lot 6 and the herein described tract, said point being the most Southerly comer of said Lot 15and the most Westerly comer of Lot 16 and the most Northerly comer of Lot 5, both of said Block 4;Thence, South 42°31 '06" West, 7.50 feet with the common line of said Lots 5 and 6 to a point for the mostSoutherly comer of the herein described tract;Thence, North 47°50'26" West, 289.66 feet to a point in the Southeast line of said Cherry Street and theNorthwest line of said Lot 10 for the most Westerly corner of the herein described tract;Thence, North 42031'06" East, 7.50 feet with the Southeast line of said Cherry Street and the Northwestline of said Lot 10 to the PLACE OF BEGINNING and containing 0.050 acre or 2,1 72 square feet ofland, more or less.This description is based on the land title survey and plat (Job No. 16374) made under the direction ofJames H. Thomas, Registered Professional Land Surveyor on May 31, 2016.J^m^s H. Thomas, R.P.L.S. No. 5736;<% 5736<S?^S^.?.*.*'.;^^UF^^14340 Torrey Chase Blvd., Suite 270 • Houston, Texas 77014(281)440-7730 • Fax (281) 440.7737www.thomaslandsurveying.com P.OB.'SET 5/8' STEELROD W/ CAPN 42'31'06" E7.50'h.§.E^NAGLE STREET(50' R.O.W.)COPYRIGHT 2016^Thomas Land Surveyingco>-&K.ETs0SET 5/8"0on0LOS7E&ROD W/ CAP(49.66'} j (60.0')SET 5/8' STEEL-ROD Vf/ CAPMAMASH. LLC(DOC. No. 01225219 D.R.B.C.)1112^XISHNC 7.5' UTJUTYEASEMENT (PER PLAT)S 47'50'26" E47'50'26" W(60.0')15(60.0')STILLWATER NORTHGATE, LLC(DOt;. No. 1255032 D.F^B-C.)14(60.0')15•SET 5/8' STEELROD W/ CAP(60.00')^feo.oo') 289.664(60.00')289.66'100.050 ACRE PUBLICUTILITY IEASEMENT(TO BEiABANDONED)7(VOL. 133. F|6R.H. TUCKER |INVESTMENTS LLC(DOC. No. OCJ963367 D.R.B.C.)('49.66')('60.0')(60.0')(60.0')(60.0')14340 Torrey Chase, Suite 270Houston. Texas 77014PHONE: (281) 440-7730FAX: (281) 4|40-77J7}im@thomasland^urveying.com•3ET S/8~ STEELROD W/ CAP1617ST. MARY' CATHOLICCENTER-AGGIELAND HOUSING, LLC(DOC- No. 009^6520 D.R.B.C.)EXISTING 7.5' UTIUTYTAUBEFR ADDITION EASEMENT (PER PLAT}182 D.R.B.C.[4(60.0'}FOR THE BENEFIT OF: JOHNSON & PACE INC.STASNEY STREET(50' R.O.W.)f, JAMES H. THOMAS, HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUNDON MAY 3t. 2016 THAT THIS PIAJ CORRECTLY REPRESENTS THE FACTS FOUND AT THETIME OF SURVEY AND THAT THIS PROFESSIONAL SERVICE CONFORMS TO THESPECtFtCATIONS FOR A CATEGORY f-B CONDITION St SURVEY. AND THAT THtS SURVEY ISBESNG PROVIDED SOLELY FOR THE USE OF THE CURRENT PARTIES, AND THAT NOLICENSE HAS BEEN CREATED, £XF^£SS£D OR IMPLIED, TO COPY THE SURVEY EXCEPT;S NECESSARY IN CONJUNCT^N WITH THE ORIGINAL TRANSACTION, WHICH SHALL<C£ED 6 MONTHS FROM THE [fATE OF THIS SURVEY CERTiFtCATION.^-?%°.F^'^yy^lwy-^'^JAMES H. THOMAS6£^s}0$i'0^^"S'O'R^"^JAE^ H. THOMAS, RPLS No. 5736-SET 5/8" STEELROD W/ CAPPLAT SHOWING A PUBLIC UTILFTYEASEMENT EXHIBIT OF A 0.050 ACRE(2,172 SQ. FT.) TRACT BEING OUT OFLOTS 6-10, BLOCK 4, TAUBERADDITION, VOL. 133, PG. 182 D.R.B.C.,IN BRAZOS COUNTY, TEXAS.DATE: 01/25/2017 SCALE: 1"= 50'JOB NO.: 16374 ORDINANCE NO. 2017-3861PageS of 6Exmm i Actfiomas Land SurveyingSurveying • Planning • Project ManagementDecember 23, 20167.5 Foot Public Utility Easement1350 Square FeetFieldnotes for 1350 square feet of land out of Lots 13, 14, and 15, Block 4 ofTauber Addition to CollegeStation in Brazos County, Texas, the map or plat thereof recorded in Volume 133, Page 182 of the DeedRecords of Brazos County, said 1350 square feet of land being more particularly described by metes andbounds as follows:COMMENCFNG at a 5/8 inch steel rod with cap set in the Southeast line of Cherry Street, based on a 50foot right-of-way, said point being the most Westerly comer of Lot 11 and the common most Northerlycomer of Lot 10, both of said Block 4,Thence, South 47°50'26" East, 109.66 feet with the Southwest line of Lots 11 and 12 of said Block 4 andthe Northeast line of Lots 10 and 9 of said Block 4 to a 5/8 inch steel rod with cap set for the most Westerlycomer and PLACE OF BEGINNING of said Lot 13 and the herein described tract, said point being themost Southerly comer of said Lot 12, the most Easterly comer of said Lot 9 and the most Northerly comerof Lot 8 of said Block 4;Thence, North 42°31'06" East, 7.50 feet with the common line of said Lots 12 and 13 to a point for themost Northerly corner of the herein described tract; :Thence, South 47°50'26" East, 180.00 feet to a point in the Southeast line of said Lot 15 for the mostEasterly comer of the herein described tract, said point also being in the Northwest line of Lot 16 ofsaid Block 4;Thence, South 42°31'06" West, 7.50 feet with the common line of said Lots 15 and 16 to a point for themost Southerly comer of said Lot 15 and the herein described tracti said point being the mostWesterly corner of said Lot 16, and the most Northerly comer of Lot 5 and the most Easterly comerof Lot 6, both of said Block 4;Thence, North 47°50'26" West, 180.00 feet with the Northeast line of Lots 6, 7, and 8 of said Block 4 andthe Southwest line of said Lots 13, 14, and 15 to the PLACE OF BEGFNNING and containing 0.031acre or 1,350 square feet of land, more or less.This description is based on the land title survey and plat (Job No. 16374) made under the direction ofJames H. Thomas, Registered Professional Land Surveyor on May 31, 2016.Qujinr ^-Jan^e/H. Thomas, R.P.L.S. No. 5736^o.5736^M3"JOTorrey Chase Blvd,, Suite 270 • Houston, Texas 77014(281)440.7730 • Fax (Z81) 440-7737www.thomaslandsurveying.com P.O.C.iS£T 5/8" STEELROD W/ CAPi!NAGLE STREET(50' R.O.W.)COPYRIGHT 2016CTfiomas Land. Surveying^co>-G^ss's0S£T 5/8"0a:0mSTEELROD W/ CAP(49,66') j (60.0'}SET 5/8' STEEL-ROD W/ CAPMAM^SH, LLC(DOC. No. 01225219 D.R.B.C.)11 I 12<tSJiNC 7,5' UTJLITYEASEMENT (PER PLAT)N 42*31'06" E-Z50'109.66'S 47'50'26" E(60.0')(60.0'}(60.0')STILLWATER NORTHGATE. LLC(D0{;. No. 1255032 D.Ft.B.C,)131415S 47W26"i E•(60.00')(60.00')180.00'(60.00')10P.O.B.SET 5/8' STEELROD W/ CAP^N 4.7'5n'?6"tW0.031 [ACRE PUBLICUTlLlfTY EASEMENT(TO BE, ABANDONED)41SO-QO-EXISTING 7.5' UTJLITY—^EASEMENT (PER PLAT)87R.H. TUCKER INVESTMENTS LLC(DOC. No. OCf965367 D.R.B.C.)BLjOCK 4TAUBER ADDITION(VOL 155, ffG. 182 D.R.B.C(49.66')i '60.0')(50.0')(60.0')(60.0')14540 Torrey Chose. Suite 270Houston. Texas 77014PHONE; (281) 440-7730FAX: (281) 1440-7757Jim ©thomasiarnbsurveying. corn-SET 5/8' STEELROD W/ CAP1617ST. MARY. CATHOLICCENTER-AGGIELAND HOUSING, LLC(DOC. No. 009^.6520 O.R.B.C.)4(60.0')FOR THE BENEFIT OF: JOHNSON S PACE !NC.STASNEY STREET(50' R.O.W.)/, JAMES H. THOMAS, HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUNDON MAY 31, 2016, THAT THIS PLAT CORRECTLY REPRESENTS THE FACTS FOUND AT THETIME OF SURVEY AND THAT THIS PROFESSIONAL SERVICE CONFORMS TO THESPECIFICATIONS FOR A CATEGORY T-B CONDmON 11 SURVEY. AND THAT TH/S SURVEY /SBESNG PROVIDED SOLELY FOR THE USE OF THE CURRENT PARTIES, AND THAT NOLICENSE HAS BEEN CREATED, EXPRESSED Oft IMPLIED, TO COPY THE SURVEY EXCEPT.AS /S NECESSARY IN CONJUNtTtON WITH THE ORIGINAL TRANSACTION, WHICH SHALLNW^XCEED 6 MONTHS FROM T^E DATE OF THtS SURVEY CERTIFICATION.^fic/f^S^^Wir"JAD? H. THOMAS, RPLS No. 5736(^ JAMES H. THOMAS ^..^/\^ }^ 573S ^ //'M^E^°iMwg^s^^sy^:T 5/8" STEELROD W/ CAPPLAT SHOWING A PUBLIC UTILITYEASEMENT EXHIBIT OF A 0.0310 ACRE(1,350 SQ. FT.) TRACT BEING OUT OFLOTS 13-15, BLOCK 4, TABUERADDITION, VOL. 133, PG. 182 D.R.B.C.,IN BRAZOS COUNTY, TEXAS.DATE: 01/25/2017SCALE; 1"= 50'JOB NO.; 16374 31:f'lfflfW C:?r? 'i&ic" x?t:~" =:t "'3i^ 1,] rfl <a •a 1'pQ- '3~ l-ft'"1 ill0 C3- l.C =t; wTV3>Vf-'i01LO c"/ c^'-^v~ cr- "' I'O=r :u >:"•'" ro c! ^,.ui a S;o. :'•*"!= •il!.. ^ w •i~i 1,1: io pl -3 Q-f~'? ^ -ob in lul^ •f^t- ^!r:i^ 11 _ —itTi =^ri i"f c.sa ;?- ,•"• i'b "'' »-" ''.I"'W A-- '?£ 30 ^^^C '.I?u.i st a. 1'" ....Sl" t'ni^i ~>fa. i;D0^3 p ..-.,nt v':llU lr ^I'D X-m—I CT-n .1":'o —'-a rn S- a>is: r.n fO"3 L^~ hG (T- S3 efV.. <"^ "•' '='f^~, •y —iul -< ~l C3 sfc?d FS.S A?• ^f-K'-_r-j••K. t^>P Cffy> '•y'ria0~a- (SSTOi?. i»"a iT) ? 13 Cdt=u: 5fCT1'U"1 1 C,.1' "k> to a:- 1—•W fDy:.i a..3>r--; "fC?GO-i-l