HomeMy WebLinkAbout2003-2609 - Ordinance - 02/13/2003ORDINANCE NO. 2609
AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND
ABANDONING A PORTION OF A VARIABLE WIDTH LANDSCAPE, SIDEWALK AND
PUBLIC ACCESS EASEMENT, WHICH CROSSES AND LIES WITHIN LOT_l, BLOCK 6-
7, OF THE W. C. BOYETT ESTATE SUBDIVISION, IN THE CITY OF COLLEGE
STATION, TEXAS.
WHEREAS, the City of College Station has received an application for the vacation and
abandonment of a portion of a variable width landscape, sidewalk and public access easement,
which crosses and lies within Lot 1, Block 6-7, W. C. Boyett Estate Subdivision, in the City of
College Station, said portion of the utility easement being more particularly described on Exhibit
"A" attached hereto; and
WHEREAS on February 13, 2003, the City Council of the City of College Station, Texas, heard
the application of Thomas E. Kirkland for the vacation and abandonment of the aforementioned
portion of the variable width landscape, sidewalk and public access easement that crosses and
lies within Lot 1, Block 6-7, W. C. Boyett Estate Subdivision, according to the plat recorded in
Volume 4833, Page 196, of the Official Records of Brazos County, Texas; and
WHEREAS, in order for any portion of an easement to be vacated and abandoned by the City
Council of the City of College Station, the Council must make certain findings of facts; and
WHEREAS, after hearing the application of Thomas E. Kirkland to vacate and abandon a
portion of the variable width landscape, sidewalk and public access easement, the City Council
of the City of College Station, finds the following facts:
The applicant's garage structure encroaches into the variable width landscape,
sidewalk and public access easement crosses the applicant's property and inhibits
its development.
2. There is no utility infrastructure in the easement.
That the land use in the neighborhood appears to be stable and the use to which
this property is being put is not likely to change within the foreseeable future and
is similar to the use to that of the neighborhood; and
WHEREAS, the City Council after hearing the application and finding the specific facts as stated
above now concludes and finds that:
The fact that to the extent that the location of the variable width landcape,
sidewalk and public access easement that crosses the applicant's garage structure
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 a public utility easement necessary for the preservation and enjoyment of the
substantial property right of the applicant.
js/c/mv docs~abandon/revised form ord doc
Ordinance No. 2609 Page 2
The fact that the abandonment of a portion of the easement is not detrimental to
the public health, safety or welfare or injurious to the property in the area; now
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, that a portion of a variable width landscape, sidewalk and public access easement
previously platted as a public utility easement, which crosses and lies within Lot 1, Block 6-7,
W. C. Boyett Estate Subdivision in the City of College Station, as described on Exhibit "A"
attached hereto, be abandoned and vacated.
PASSED, ADOPTED and APPROVED this 13th day of February 2003.
APPROVED:
Ron SY[v~, Mayor
ATTEST:
CONNIE HOOKS, City Secretary
APPROVED:
City Attorney
js/c/my docs~abandon~revised form ord doc