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HomeMy WebLinkAbout1996-2196 - Ordinance - 08/08/1996ORDINANCE NO. 2.196 AN ORDINANCE REZONING A 126.05 ACRE TRACT OUT OF THE REMAINDER OF A CALLED 176.352 ACRE TRACT SITUATED IN THE THOMAS CARUTHERS LEAGUE, A- 9, AND THE ROBERT STEVENSON SURVEY, A-$4, COLLEGE STATION, BRAZOS COUNTY, TEXAS, FROM A-0 AGRICULTURAL OPEN TO C-1 GENERAL COMMERCIAL, R-5 APARTMENT/MEDIUM DENSITY AND R-I SINGLE FAMILY RESIDENTIAL. WHEREAS, on August 8, 1996, the City Council of the City o.f.College. Stat,i? con,v, en..ed a~d, pursuant to notices prescribed by law, held a public hea~i.'ng w~tl~ reg~ t.o. me_appncar~n mr rezoning of a 176.352 acre tract or parcel of land situated in the City oF coaege ~tation, tsrazos County, Texas, and more particularly described as follows: BEING ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING 16.89 ACRES OF LAND AND BEING SITUATED IN THE ROBERT STEVENSON SURVEY, A-54, BRAZOS COUNTY, TEXAS, AND BEING ALL OF THE REMAIN- DER OF THAT CALLED 19.00 ACRE TRACT OF LAND CONVEYED FROM BERNATH CONCRETE PRODUCTS COMPANY TO JERRY WINDHAM AND FRANK THURMOND BY DEED OF RECORD IN VOLUME 581, PAGE 207 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS (D.R.B.C.T.); SAID 16.89 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point for most soutbedy comer in the northeast right-of-way line of Texas State Highway No. 6 at the most westerly comer of the remainder of a called 6.95 acre tract of land conveyed to Marion Violet Creagor by deed of record in Volume 1849, Pa~ 313 of the Official Record~ of Brazos County, Texas, (O.R.B..C._T.), same being the most easterly comer of a called 2.12 acre tract of land conveyed to the :~tate of Texas by Judgment of record in Volume 1993, Page 283 (O.R.B.C.T.); THENCE, N 46°18'32" W, along said northeast right-of-way line of Texns Stat~ Highway No. 6, a distance of 837.85 feet to a point for most westerly corner at the. most southerly comer of Lot 1, Barron Park Subdivision, according to the plat of record m Volume 939, Page 209, (O.R.B.C.T.), same being the mo~t northerly comer of said State of Texas called 2.12 acre tract of laad; THENCE, N 44°20'02" E, along the southeast line of said Lot 1, Barron Park Subdivision, same being the northwest line of said remainder of the called 19.00 acre Uact of land,_ a distance o~876.57 feet to a point for most northerly comer at the most westerly corner~erofo a called 112.19 acm tract of land conveyod from Hoo-Paag Ngiam, et ux., Shau-King Chu Ngiam, to Jerry Windham and Frank Thurmond by ~ of record in Volum~ 571, Page 144 (D.R.B.C.T.); THENCE, S 46°18'31" E, along tho nortbeast~dy lino of ~mid remainder of tho called 19.00 aero tract of laad and a west lirm of said called 112.19 acre tract of laad, a distance of 840.41 feet to a point for most easterly comer at aa exterior ell comer of ~aid e, alled 112.19 acm tract of land in the northwest lino of tho aforesaid Cre, agor called 6.95 acm tract ofla~ jf .~_re_zoneg~pebble. do~ ~8/7/96 Ordinance No. 2196 Page 2 THENCE, S 44030'08" W, along said northwest line of the called 6.95 acre Crengor uact of land and the southeast lino of said remainder of the called 19.00 acre tract of land, a distan~ of 876.60 feet to the POINT OF BEGINNING, and containing 16.89 acre~ of land, more or less. BEING ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING 7.17 ACRES OF LAND AND BEING OUT OF AND A PART OF THAT CALLED 112.19 ACRE TRACT OF LAND SITUATED IN THE THOMAS CARUTHERS LEAGUE, A-9 AND THE ROBERT STEVENSON SURVEY, A-54, BRAZOS COUNTY, TEXAS; SAID 112.19 ACRE TRACT OF LAND BEING CONVEYED FROM HOO-PANG NGIAM, ET UX., SHAU-KING CHU NGIAM, TO JERRY WINDHAM AND FRANK THURMOND BY DEED OF RECORD IN VOLUME 571, PAGE 144 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, (D.R.B.C.T.); SAID 7.17 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point for most southerly comer at an exterior eH comer of said called 112.19 acre tract of land and the most easterly comer of the remainder of a called 19.00 acre tract of land conveyed f~om Bcnmth Concrete Products Company to Jerry Windham and Frank Thurmond by deed of record in Volume 581, Page 207 (D.R.B.C.T.), said point being in the northwest line of a called 6.95 acre tract of land conveyed to Marion Violet Crengor by deed of record in Volume 1849, Page 313 of the Official Records of Brazos County, Texas, (O.R.B.C.T.); THENCE, N 46°18'31" W, along a southwest line of said called 112.19 ac? tract to. fFlan~_ and thc northeast linc of said remainder of the called 19.00 acre Jerry Windham- rank Thunnomi tract of land, a distance of 840.41 feet to a point for most westerly comer at the most northerly corner of said remaindea' of tho called 19.00 acre Jerry Windham-Frank Thurmond tract of land and the most westerly corner of said called 11,2:l.9.acre tract, of land, same bting a point in thc southeast linc of Lot 1, Barton Park Subdivismn according to thc plat of record in Volume 1849, Page 317 (O.R.B.C.T.); THENCE, N 44020'01" E, along the southeast line of said Lot 1, Barron Park Subdivision and a northwest line of said called 112.19 acre tract of land, a distance of 476.06 feet to a point for most northerly comer at an interior ell corner of said called 112.19 acre tract of land and thc most easterly corne~ o..f said Lot 1, Barton Park Subdivisi_o~. same .be'.m~. a~ po~t in the southwest right-of-way ime of, ~tur~_ street (60'XLakeway Drive) as Co~ m the Approved Rock Prairie/Greens Prame Thoroughfare Plan 1996 of the C~ty College Station, Texas; THENCE, S 41°02'16" E, along said southwest right-of-way line of said future street (60'XLakeway Drive), through t]~e interior of said_called 112;19 .ac. re tract of land, a distance of 219.03 feet to a point for the beEinning ora curve to the right; THENCE, 216.11 feet, with said southwest right-of-way line of said future ~oof (60~) (Lately Drive), ont uh rough in rior of 112.!9 along said curve to thc right having a radius oof ,5, 77;,00 feet, a central an~e.o.t and a long chord bearing and distance of S 30 10 34 E - 214.82 feet to a point xor me ~n~ of said curve; THENCE, S 19°18'52" E, continuing with said .sot}thw. ~ .right-of-.w~. y line of the future street (607 (Lakeway Drive), ~ntinuing through the interior of said called 112.19 acre j~_rez_ one96/pebble, doc 8/7/96 Ordinance No. 2 ,q 96 Page 3 tract of land, a distance of 463.79 feet to a point for most easterly corner in the aforemid northwest lino of the Creagor called 6.95 acre tract of land, same being a southeast line of said called 112.19 acre tract of land; THENCE, S 44°30'05" W, with said nol~&west line of the Creagor called 6.95 acre tract of land and with a southeast line of said called 112.19 acre tract of land, a distance of 185.73 feet to the POINT OF BEGINNING, and conta~inE 7.17 acres of land, more or less. TRACT THREE: BEING ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING 101.99 ACRES OF LAND AND BEING OUT OF AND A PART OF THAT CALLED 157.352 ACRE TRACT OF LAND BEING ALL OF THAT CALLED 112.19 ACRE TRACT OF LAND AND ALL OF THAT CALLED 45.162 ACRE TRACT OF LAND, ALL IN THE THOMAS CARUTHERS LEAGUE, A-9 AND THE R. STEVENSON SURVEY, A-$4, BRAZOS COUNTY, TEXAS, SAID CALLED 112.19 ACRE TRACT OF LAND BEING CONVEYED FROM HOO-PANG NGIAM, ET UX., SHAU-KING CHU NGIAM, TO JERRY WINDHAM AND FRANK THURMOND BY DEED RECORDED IN VOLUME 571, PAGE 144 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS (D.R.B.C.T.); AND SAID CALLED 45.162 ACRE TRACT BEING CONVEYED FROM MENLO PROPERTIES (CHARLES BALL, JR., ETAL.) TO FRANK THURMOND AND JERRY WIND~ BY DEED OF RECORD IN VOLUME 677, PAGE 676 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, (O.R.B.C.T.); SAID TRACT OR PARCEL OF LAND CONTAINING 101.99 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING for reference at a fence corner found for the most southerly corner of *aid called 112.19 acre tract of land, same also being the most easterly corner of ~ remainder of the Marsh-Reeves Estate called 16.6 acre tract of land as described m Volmne 509, Page 188, D.R.B.C.T., said fence corner being in the northwest right-of=way line of Grcens Prairie Road; THENCE, N 45°36'00" W, along the southwest line of said called 112.19 acre tract of land and the northeast line of said remainder of the called 16.6 acre Marsh-Rceves Estate tract of land, a distance of 2267.47 feet to a 3" round wood post fence comer found at an exterior ell comer of the said called 112.19 acre tract of land, same also being the most southerly comer of a called 10.01 acre tra~ of land conveyed to M~i~?n Violet Crea~o_ r by deed of record in Volume 1849, Page 317 of the Official Records ot ~razos County, 'lexas (O.R.B.C.T.); THENCE, N 44°58'01" E, alonf~ the southeast line of said called 10.01 acre Creagor tract of land and a west line of said called 112.19 acre tract of land, a distance of 336.46 feet to a 1/2" iron rod set for interior ell corner of said called 112.19 acre tract of land, same bein~ the most easterly corner of said called 10.01 acre Creagor tract of land and the POINT OF BEGINNING of the herein described tract of land; THENCE, N 44°36'33" W, along the northeasterly line of said called 10.01 acre Creagor tract of land and a west line of said called 112.19 acre tract of land, a distance of 1404.03 feet to 1/2" iron rod set for interior eli corner of said called 112.19 acre tract of land and the most northerly corner of said called 10.01 acre Creagor tract of land; j~_reg_ one96/pebble, doc 8/7196 Ordinance No. 2196 Page 4 THENCE, S 44030'08" W, along the northwesterly line of said called 10.01 ac_re Ct_ _~..r tract of land and the northwest line of a called 6.95 acre tract of land conveyed to M. V. Creagor by deed of record in Volume 1849, Page 313 O.R.B.C.T., same being the most westerly southeast line of said called 112.19 acre tract of land, a distance of 612.85 feet to a point for exterior ell comer i~. the southweste_rl__y ri.l~h_t-o.f:w,a,.,y line of a future street (60')(Lakeway Drive) as depicted in the Approved Rock Praine/oreens Prairie Thorough= fare Plan 1996 of the City of College Station, Texas; THENCE, along said southwesterly right-of-way line of future Lakeway Drive, throul~ the interior of said called 112.19 acre tract, the following courses: 1 .) N 19018'52" W - 463.79 feet to a point for the beginning of a curve to the le~;, 2.) 216.11 feet along said curvc to the IoR having a radius of 570.00 feet, a cenmu angle of 21°43'23", and a long chord bearing and distance of N 30°10'34" W -214.82 feet to a point for the end of said curve; and, 3.) N 41°02'16" W - 219.03 feet to a point for interior eli comet of said called 112.19 acre tract of land, snme being the most easterly comer of Lot 1, Barton Park Subdivision according to the plat recorded in Volume 939, Page 209 (O.R.B.C.T.); THENCE, N 46°02'41" W, along the northeasterly line of said Lot 1, Barton Park Subdi- vision, same being a northwesterly line of said called 112.19 acre tract of land, a distance of 88.71 feet to a point for most westerly comer at the most easterly northwest comer of said called 112.19 acre tract of land, same being the most southerly corner of a called 341.60 acre tract of land conveyed from J. W. Outlaw, Jr. to W. G. Ri~, et ux., Sybil D. Ri~, by deed of record in Volume 237, Page 29 (D.R.B.C.T.); THENCE, N 44°56'13" E, along the northwesterly line of said called 112.19 acre Uact of land, same being the southeasterly line of said Ritchey called 341.60 acre tract of land, a distance of 1086.00 feet to a point for most northerly corner of said called 112.19 acre tract of land and the most westerly corner of said called 45.162 acre tract of hnd; THENCE, N 44°$3'38" E, along the northwesterly line of said called 45.162 acre tract of land, same being the mutheasterly line of said Ritchey called 341.60 acre tract of land, a distance of 1208.29 feet to a point for most westerly northwest toner of said called 45.162 acre tract of land, same being a point in the centerline of Lick Creek; THENCE, along anid centedine of Lick Creek, the following courses: 1.) S 45006'22" E - 22.48 feet to a point; 2.) N 66008'55" E - 37.91 feet to a point; 3.) S 45°16'52" E - 64.35 feet to a point; 4.) S 81019'30" E - 109.11 feet to a point; 5.) S 54°28'48" E - 155.20 feet to a point; 6.) S 10025'59" W - 97.88 feet to a point; 7.) S 86040'05'. E - 76.02 feet to a point; 8.) N 41018'47" E - 230.31 feet to a point of exit from creek; 9.) S 86°56'17" E - 112.11 feet to a point of re-entry of creek; 10.) S 49012'04" E - 60.12 feet to a point; 11.) N 65001'27" E - 93.59 feet to a point; 12.) N 33°41'57" E - 218.32 feet to a point; 13.) S 74°49'44" E - 35.07 feet to a point; 14.) S 15°33'45" E - 100.14 feet to a point; 15.) S 63°47'04" E - 124.29 feet to a point; 16.) N 70°57'59" E - 115.83 feet to a point; 17.) N 17042'57.' E - 112.19 feet to a point; 18.) N 31054'07" W - 65.93 feet to a point; 19.) N 65°36'21'. W - 73.76 feet to a point; j_s/_a(._r~z_ one96/pebbl~.doc 8/7/96 Ordinance No. 2 .~ 96 Page 5 20.) N 30037'05" W - 192.56 feet to a point; 21.) N 78032'42" E - 59.38 feet to a point; 22.) S 71;°27'59" E - 107.44 feet to a point; 23.) N 77052'40" E - 244.66 feet to a point; 24.) S 83057'26" E - 66.48 feet to a point; 25.) S 48037'22" E - 58.65 feet to a point; 26.) S 84°35'16" E - 103.65 feet to a point; and, 27.) S 45°11'06" E - 144.98 feet to a point for exterior ell comer at the most easterly corner of said called 45.162 acre tract of land, same being a point in the northwest line of a called 39.399 acre tract of land conveyed to Marion Violet Creagor by deed of record in Volume 1849, Page 313 (O.R.B.C.T.); THENCE, S 45°00'51" W, leaving said centedine of Lick Creek and with said northwest line of said called 39.399 acre tract of land and the southeast line of said called 45.162 acre tract of land, a distance of 2590.87 feet to a point for interior eli comer at the most southerly comer of said called 45.162 acre tract of land, same being the most westerly comer of said Crengor called 39.399 acre tract of land, same also being a point in the northeast line of the aforesaid called 112.19 acre tract of land; THENCE, S 44°58'42" E, along the southwest line of said Crengor called 39.399 acre tract of land and tho southwest line of a called 139.99 acre tract of land conveyed to Marion Violet Crengor by d~d of record in Volume 1849, Page 308 (O.R.B.C.T.), same being said southwest line of said called 112.19 acre tract of land, a distance of 1787.25 feet to a point for most easterly southeast comer in the centerline of a creek; THENCE, along said eentedine of the Creek, through the interior of said called 112.19 acre tract, the following courses: 1.) S 06°22'51" W = 158.38 feet to a point; 2.) S 77°37'19" W = 106.01 feet to a point; 3.) N 62004'40" W - 89.46 feet to a point; 4.) N 86°27'51" W - 100.70 feet to a point; 5.) S 35037'28" W - 241.84 feet to a point; 6.) S 74039'59" W - 81.48 feet to a point; 7.) N 71°47'01" W - 186.98 feet to a point; and, 8.) N 87014'40" W - 78.61 feet to a point for most southerly southwest corner; THENCE, N 44°35'01" W, leaving said centerline oftbe creek and continuing through the interior of said called 112.19 acre tract o£1and, a distance of 183.13 feet to the POINT OF BEGINNING, and containing 101.99 acres of land, more or less. WHEREAS, ali of the above-described property is currently zoned A-O Agricultural Open and the current use of the property is vacant; WHEREAS, evidence was presented that the proposed rezoning would fill a need in College Station for this type of housing; WHEREAS, evidence was presented that the proposed zoning change is in accordance with the Comprehensive Plan and proposed Comprehensive Plan; WHEREAS, evidence was presented that the R-5 zoning would provide a buffer zoning between the single family residential zoning and State Hightway 6. j~_re~ one96/pebble, dov ~/7/96 Ordinance No. 2196 Page 6 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, that Tract One is rezoned from A-O Agricultural Open to C-I General Commercial, Tract Two is rezoned from A-O Agricultural Open to Apartment/Medium Density, and Tract Three is rezoned from A-O Agricultural Open to R-1 Single Family Residential, effective immediately. PASSED and APPROVED this 8th day of August, 1996. APPROVED: ATTEST: ~O~ ~IOOKS, City Secretary LYNI~ MciLHANEY, Mayor j_s/_c~_re~zone96/pebble, doc 8/7/96