HomeMy WebLinkAbout2002-2571 - Ordinance - 08/08/2002ORDINANCE NO.2571
AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND
ABANDONING A PORTION OF A 0.086 ACRE (15 FOOT WIDE BY 250 FOOT IN
LENGTH) ALLEY RIGHT-OF-WAY, WHICH CROSSES AND LIES WITHIN LOTS 6, 7, 8,
9, 10, 11, & 12, BLOCK 9, OF THE COLLEGE PARK SUBDIVISION, IN THE CITY OF
COLLEGE STATION, TEXAS, SAVE AND EXCEPT FOR THAT PORTION OF THE
ALLEY RIGHT-OF-WAY TO BE RETAINED BY THE CITY AS A PUBLIC UTILITY
EASEMENT.
WHEREAS, the City of College Station has received an application for the vacation and
abandonment ora portion of a 0.086 acre (15 foot wide by 250 foot in length) alley right-of-way,
which crosses and lies within Lots 6, 7, 8, 9, 10, I l, & 12, Block 9, College Park Subdivision, ~n
the City of College Station, said portion of the alley right-of-way being more particularly
described on Exhibit "A" attached hereto, save and except for that portion of the alley right-of-
way to be retained by the City as a Public Utility Easement and more particularly described on
Exhibit "B" attached hereto; and
WHEREAS on July 22, 2002, the City Council of the City of College Station, Texas, heard the
application of Scott McDermott for the vacation and abandonment of the aforementioned portion
of the 0.086 acre (15 foot wide by 250 foot in length) alley right-of-way that crosses and lies
within Lots 6, 7, 8, 9, 10, 11, & 12, Block 9, College Park Subdivision, according to the plat
recorded in Volume 38, Page 602, and resubdivision recorded in Volume 107, Page 151 of the
Official Records of Brazos County, Texas, save and except for that 0.0052 acres of land set out
in Exhibit "B" attached hereto; 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 Scott McDermott to vacate and abandon a 0.086
acre (15 foot wide by 250 foot in length) alley right-of-way, the City Council of the City of
College Station, finds the following facts:
The location of a 0.086 acre (15 foot wide by 250 foot in length) alley right-of-
way crosses the applicant's property and inhibits its development.
The alley right-of-way has been used by the City and there is utility infrastructure
in the alley right-of-way.
As a condition of abandonment of the alley right-of-way, a utility easement must
be conveyed by the property owners to the City of College Station for a 15' wide
public utility easement on Lot 9, Block 9, College Park Subdivision, more
particularly described by metes and bounds in the attached Exhibit "C".
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:
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The fact that the location of the 0.086 acre (15 foot wide by 250 foot in length)
alley right-of-way 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 alley right-of-way necessary for the preservation and enjoyment of the
substantial property right of the applicant.
The fact that the abandonment of a portion of the alley right-of-way 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 0.086 acre (15 foot wide by 250 foot in length) alley right-of-way,
which crosses and lies within Lots 6, 7, 8, 9, 10, 11, & 12, Block 9, College Park Subdivision in
the City of College Station, as described on Exhibit "A" attached hereto, be abandoned and
vacated, save and except for that portion of the alley right-of-way to be retained by the City as a
Public Utility Easement as described on Exhibit "B" attached hereto; provided; however, that
said abandonment shall not take effect until the property owners on Lot 9, Block 9, College Park
Subdivision dedicate a public utility easement to the City of College Station for the area set out
and described in Exhibit "C" attached hereto,
PASSED, ADOPTED and APPROVED this 8th day of August, 2002.
APPROVED:
ATTEST:
RON SxI.LVI'A, Mayor
APPROVED:
~ ,, 'Z-S~gned by Roxanne Nemc~k
City Attorney
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