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HomeMy WebLinkAbout1998-2345 - Ordinance - 09/10/1998ORDINANCE NO. 2345 AN ORDINANCE REZONING A FOUR PARCELS OF LAND TOTALING 35.69 ACRES LOCATED IN THE CRAWFORD BURNET SURVEY, ABSTRACT NO. 7 IN COLLEGE STATION, BKAZOS COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City of College Station Zoning Ordinance #1638, more specifically the Official Zoning Map, be amended as set out in Exhibits "A", "B" and "C" attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five dollars ($25.00) nor more than Two Thousand Dollars ($2000 00). The owner of any building shall be placed or shall exist, shall be guilty of a separate offense and upon conviction thereof shall be fined as herein provided. PART 4: A notice of the time and place, where and when said ordinance would be given a public hearing and considered for final passage, was published in The Eagle, a daily newspaper of general circulation in the Cities of Bryan and College Station, said publication being on Wednesday, August 26, 1998, the same being at least fifteen (15) days prior to a public hearing to be held in the Council Room of the City Hall in College Station, Texas, at 7:00 p.m., on Thursday, September 10, 1998, to permit the public to be heard prior to final consideration ofthis ordinance. PASSED, ADOPTED and APPROVED this 10th day of September, ! 998. ATTEST: Connie H~oks, City Secretary L~ym{ ~cllhan~y, Mayor / APPROVEI): H'arv~y (2~Jr., C~,.~ey ORDINANCE NO. ~- 3 4 s PAGE 2 OF 7 EXHIBIT "A" That the Official Zoning Map of the City of College Station, and part of Zoning Ordinance//1638, is hereby amended as follows' The subject 35.69 acre tract described by metes and bounds in the attached Exhibit "B" and shown graphically in Exhibit "C" is rezoned from A-O Agricultural Open to: Tract I - 31.924 acres to R-2 Duplexes. Tract 2 - 2.510 acres to C-N Neighborhood Commercial. Tract 3 - 1.264 acres to C-1 General Commercial. ORDINANCE NO. 2 3 4 5 ~,ACI' I FIELD NOTES 31.924 ACRES PROPOSED R-2 ZONING EXHIBIT "B" PAGE ~ OF 1 Being all that certain tract or parcel of land lying and being situated in the CRAWFORD BURNETT SURVEY, Abstract No. 7, College Station, Brazos County, Texas, said tract being comprised of the following five (5) parcels of land: I) A portion of a called 50.1 acre tract described as Second Tract by a deed to Frank Elbrielx, Sr. recorded in Volume 201, Page 107 of the Deed Records of Brazos County, Texas (B.C.D.R.), 2) A portion of a called 6 acre tract as described by a deed to Frank Elbrich and wife, Mary Elbrich, recorded in Volume 145, Page 211 (B.C.D.R.), 3) A portion of a called 6 acre tract as described by a deed to Frank Elbrich and wife, Mary Elbrich, recorded in Volume 148, Page 581 (B.C.D.R.), 4) A portion ora called 2.00 acre tract as described by a deed to Frank J. Elbrich, Sr. and wife, Mary M. Elbrieh, recorded in Volume 351, Page 575 of the Deed Records of Brazos County, Texas and 5) A portion of a called 1.285 acre tract described as Tract One to John Edward Elbrich recorded by deed in Volume 865, Page 590 of the Official Records of Brazos County, Texas (O.R.B.C.), said tract being more particularly described by metes and bounds as follows: COMMENCING: at a 1/2-inch iron rod found on the northeast right-of-way line of Farm to Market Road No. 2154, also known as Wellborn Road (based on a 100-tbot width) marking the south comer of said 1.285 acre tract and the west comer ora called 1.285 acre tract described as Tract Two to Joveline Elbrich Mikuline by said deed recorded in Volume 865, Page 590. for reference a 5/8-inch iron rod found on the northeast line of Wellborn Road tnarking he south comer of a called 1.285 acre tract described as Tract Four to Margaret Elbrich Dileo by said deed recorded in Volume 865, Page 590, and marking a northwest comer of a called remainder of a 50.1 acre tract as described by a deed to Frank Elbrich, Sr. recorded in Volume 201, Page 107 (B.C.D.R.), said 5/8-inch iron rod found being on the northwest line of a called 30-foot wide Private Lane (commonly known as Elbrich Lane), bears: S 46° 57' 17"E for a distance of 249.12 feet; THENCE: N 46° 49' 16" E along the common line of said Tract One and said Tract Two for a distance of 517.55 feet to a 5/8-inch iron rod set marking the POINT OF BEGINNING of this herein described tract; THENCE: N 45° 03' 17" W through said Tract One for a distance of 82.01 feet to a 5/8-inch iron md found on the northwest line of said Tract One marking the east comer of a called 1.00 acre tract as described by a deed to John Elbrich and wife, Josephine Elbrich, recorded in Volume 566, Page 425 (B.C.D.R.), and a southwest comer of said remainder orS0.1 acre tract; THENCE: along the southwest lines of said 50.1 acre tract (201/107) for the following five (5) calls: (1) N 45° 03' 17" W for a distance of 228.44 feet to a 5/8-inch iron rod, (2) N 47° 03' 25" E for a distance of 88.25 feet to a 5/8-inch iron rod, (3) N 42° 37' ! 8" W for a distance of 167.60 feet to an angle iron, (4) N 44° 18' 42" E for a distance of 114.70 feet to a 5/8-inch iron rod, for reference a 4-inch Elm Tree fence comer found bears: S 79° 10' 56" W for a distance of 4.80 feet and (5) N 42° 52' 18" W for a distance of 35.92 feet for comer; THENCE: N 26° 49' 1 I" E through the interior of said 50.1 acre tract for a distance of 1252.75 feet to the Point of Curvature of a curve to the right; THENCE: 76.24 feet along the arc of said curve having a central angle of 14° 14' 33", a radius of 306.69 feet, a tangent of 38.32 feet and a long chord bearing S 33° 56' 28" W at a distance of 76.04 feet for comer, said comer also marking the centerline intersection of West Ridge Drive (based on a 60-foot width) and the southwest margin of West Ridge Subdivision as recorded in Volume 507, Page 243; THENCE: S 48° 31' 48" E for a distance of 30.00 feet to the south comer of said West Ridge Drive right-of-way; ORDINANCE NO. 2 3 4 5 FIELD NOTES TRACT ! 31.924 AIERES EXHIBIT "B" PAGE 4 OF 7 THENCE: N 41° 01' 05" E along a southwest line of said West Ridge Drive for a distance of 200.07 feet to a 3/8- inch iron rod found bent marking an interior southwest comer of said West Ridge Subdivision; THENCE: S 48° 18' 24" E along the southwest line of said West Ridge Subdivision for a distance of 56.79 feet to a 3/8-inch iron rod found nmrking an angle point in said southwest line; THENCE: S 70° 58' 21" E along the common line of said West Ridge Subdivision and said 2.00 acre tract (351/575) for a distance of 711.44 feet for comer, said comer also being in the centerline of Navarro Drive right-of-way (based on a 60-foot width); THENCE: S 48" 08' 13" W for a distance of 123.56 feet to the Point of Curvature ora curve to the left; THENCE: 148.82 feet along the arc of said curve having a central angle of 21° 19' 02", a radius of 400.00 feet, a tangent of 75.28 feet an a long chord bearing S 37° 28' 42" W at a distance of 147.97 feet to the Point of Tangency; THENCE: S 26° 49' 11" W for a distance of 1387.52 feet to the Point of Curvature of a curve to the right; THENCE: 210.97 feet along the arc of said curve having a central angle of 24° 10' 33% a radius of 500.00 feet, a tangent of 107.08 feet, and a long chord bearing N 38° 54' 28" E at a distance of 209.41 feet to the Point of Tangency; THENCE: N 63° 10' 49" W for a distance of 270.25 feet for comer; THENCE: S 46° 49' 16" W for a distance of 79.38 feet to the POINT OF BEGINNING and containing 31.924 acres of land. more or less. ORDINANCE NO. 2345 TRACT 2 PAGE 5 OF 7 FIELD NOTES 2.510 ACRES PROPOSED C-N ZONING EXHIBIT "B" Being all that certain tract or parcel of land lying and being situated in the CRAWFORD BURNETT LEAGUE, Abstract No. 7, College Station, Brazos County, Texas, said tract being comprised of the following three (3) parcels of land: 1 ) A portion of a called 1.285 acre tract described as Tract Two by a deed to Joveline Elbrich Mikuline recorded in Volume 865, Page 590 of the Official Records of Brazos County (O.R.B.C.), 2) A portion of a called 1.285 acre tract described as Tract Three by a deed to Mary Elbrich Januse recorded in Volume 865, Page 590 (O.R.B.C.) and 3) A portion of a called 1.285 acre tract described as Tract Four by a deed to Margaret Elbrich Dileo recorded in Volume 865, Page 590 (O.R.B.C.), said trac~ being more particularly described by metes and bounds as follows: COMMENCING: at a 1/2-inch iron rod found on the northeast right-of-way line of Farm to Market Road No. 2154, commonly known as Wellborn Road (based on a 100-foot width) marking the west comer of said 1.285 acre tract, Tract Two, and the south comer ora called 1.285 acre tract described as Tract One by a deed to John Edward Elbrieh recorded in Volume 856, Page 590 (O.R.B.C.); for reference, a concrete right-of-way marker found on the northeast line of F.M. 2154 and the southwest line ora called 1.89 acre tract as described by a deed to Joe P. Hollingsworth recorded in Volume 320, Page 503 of the Deed Records of Brazos County, Texas, bears N 47° 04' 31" W for a distance of 819.45 feet; THENCI ~: N 46° 49' 16" E along the common line of said 1.285 acre tract, Tract One and Tract Two for a distance :>f200.35 feet to the POINT OF BEGINNING; THENCE: N 46° 49' 16" E for a distance of 396.58 feet continuing along said common line for comer; THENCE: S 63° 10' 49" E for a distance of 270.25 feet through said 1.285 acre tract, Tracts Two, Three and Four to a point in the northwest line of a 30-foot wide lane (commonly known as Elbrieh Lane); THENCE: S 50° 59' 44" W for a distance of 277.01 feet and S 45° 17' 44" E for a distance of 30.00 feet to a 3/8-inch iron rod found marking the north comer of the called 1.00 acre Frank Januse, Jr. tract described in Volume 1620, Page 70 (O.R.B.C.); THENCE: S 44° 42' 16" W along the northwest line of the said Januse tract and the northwest line of the 1.00 acre Rosemary Januse Holleman tract described in Volume 1620, Page 72 for a distance of 166.35 feet for comer; THENCE: N 46° 57' 17" W for a distance of 271.72 feet to the POINT OF BEGINNING and containing 2.510 acres ofland, more or less. ORDINANCE NO. 2345 PAGE 6 OF TRACT 3 FIELD NOTES 1.264 ACRES PROPOSED C-I ZONING EXHIBIT "g" Being all that certain tract or parcel of land lying and being situated in the CRAWFORD BURNETT LEAGUE, Abstract No. 7, College Station, Brazos County, Texas, said tract being comprised of the following three (3) parcels of land: 1) A portion ora called 1.285 acre tract described as Tract Two by a deed to Joveline Elbfich Mikuline recorded in Volume 865, Page 590 of the Official Records of Brazos County, Texas (O.R.B.C.), 2) A portion of a called 1.285 acre tract described as Tract Three by a deed to Mary Elbrieh Januse recorded in Volume 865, Page 590 (O.R.B.C.) and 3) A portion of a called 1.285 acre tract described as Tract Four by a deed to Margaret Elbrich Dileo recorded in Volume 865, Page 590 (O.R.B.C.), said tract being more particularly described by metes and bounds as follows: BEGINNING: at a l/2-inch iron rod found on the northeast right-of-way line of Farm to Market Road No. 2154, commonly known as Wellborn Road (based on a 100-foot width) marking the west comer of said 1.285 acre tract, Tract Two, and the south comer of a called 1.285 acre tract described as Tract One by a deed to John Edward Elbrich recorded in Volume 856, Page 590 (O.ILB.C.); for reference, a concrete right-of-way marker found on the northeast line of F.M. 2154 and the southwest line of a called 1.89 acre tract as described by a deed to Joe P. Hollingsworth recorded in Volume 320, Page 503 of the Deed Records of Brazos County, Texas, bears N 47° 04' 31" W for a distance of 819.45 feet; THENCE: N 46° 49' 16" E along the common line of said 1.285 acre tracts, Tract One and Tract Two (865/590) bra distance of 200.35 feet for comer; THENCE: S 46° 57' 17" E through said Tracts Two, Three and Four for a distance of 271.72 feet to a point in the southeast line of a 30-foot wide lane (commonly known as Elbrich Lane), said line also being the northwest line of the 1.00 acre Frank Januse, Jr. tract described in Volume 1620, Page 70 (O.R.B.C.); THENCE: S 44° 42' 16" W along the common line of the lane and the 1.00 acre tract for a distance of 200.00 feet to an iron rod found in the northeast line of said F.M. 2154; THENCE: N 46° 57' 17" W for a distance of 279.12 feet to the POINT OF BEGINNING and containing 1.264 acres of land, more or less. ORDINANCE NO. 2345 EXHIBIT "C" PAGE 7 OF 7