HomeMy WebLinkAbout2002-2556 - Ordinance - 05/09/2002ORDINANCE NO. 2556
AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND
ABANDONING A PORTION OF A FIFTEEN (15) FOOT WIDE PUBLIC UTILITY
EASEMENT, WHICH CROSSES AND LIF. S WITHIN LOT 1, BLOCK 1, CRYSTAL PARK
SUBDIVISION, PHASE ONE, 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 fifteen (15) foot wide public utility easement, which crosses and
lies within Lot 1, Block 1, Crystal Park Subdivision, Phase One in the City of College Station,
said portion of the utility easement being more particularly described on Exhibit "A" attached
hereto; and
WHEREAS on May 9, 2002, the City Council of the City of College Station, Texas, heard the
application of Karbrooke, Inc. for the vacation and abandonment of the aforementioned portion
of the fifteen (15) foot wide public utility easement that crosses and lies within Lot 1, Block 1,
Crystal Park Subdivision, Phase One according to the plat recorded in Volume 2541, Page 63, 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 Karbrooke, Inc. to vacate and abandon a fifteen (15)
foot wide public utility easement, the City Council of the City of College Station, finds the
following facts:
The location of a fifteen (15) foot wide public utility easement crosses the
applicant's property and inhibits its development.
The easement has never been used by the City and there is no infrastructure in the
easement.
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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 the location of the fifteen (15) foot wide public utility 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 a public utility easement necessary for the preservation and enjoyment of the
substantial property right of the applicant.
js/c/mv docs/abandon/revtsed form ord. doc
Ordinance No. 2556 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 fifteen (15) foot wide strip of land previously platted as a public
utility easement, which crosses and lies within Lot 1, Block 1, Crystal Park Subdivision, Phase
One in the City of College Station, as described on Exhibit "A" attached hereto, be abandoned
and vacated.
PASSED, ADOPTED and APPROVED this 9th day of May, 2002.
APPROVED:
ATTEST:
APPROVED:
~-~E-Slgned by ROXa~e ~emclk. i[~l
City Attorney
js/c/my docs~abandon~revised form ord doc