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HomeMy WebLinkAbout2005-2856 - Ordinance - 12/15/2005 ORDINANCE NO. 2856 AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND ABANDONING A PORTION OF A 2.48 ACRE CHRISTINE LANE RIGHT-OF-WAY, WHICH CROSSES AND LIES WITHIN THE CRAWFORD BURNETT LEAGUE, ABSTRACT 7, IN THE CITY OF COLLEGE STATION, TEXAS, FOR ROADWAY PURPOSES, BUT RETAINING A PUBLIC UTILITY EASEMENT IN THE SAME AREA. WHEREAS, the City of College Station has received an application for the vacation and abandonment of a portion of a 2.48 acre right-of-way, which crosses and lies within the Crawford Burnett League, Abstract 7, in the City of College Station, being more particularly described on Exhibit "A" attached hereto; and WHEREAS on December 15, 2005, the City Council of the City of College Station, Texas, heard the application of O.D. Butler Family Partnership Ltd. for the vacation and abandonment of the aforementioned portion of Christine Lane; and WHEREAS, in order to vacate and abandon the right-of-way the City of College Station, the Council must make certain findings of facts; and WHEREAS, after hearing the application of O.D. Butler Family Partnership, Ltd. to vacate and abandon a 2.48 acre portion of the Christine Lane right-of-way, the City Council of the City of College Station, finds the following facts: I. A portion of the Christine Lane right-of-way crosses the applicant's property and inhibits its development. 2. Utility infrastructure exists within the right-of-way and the City has a continuing need for public utilities located within the right-of-way. 3. The City of College Station does not need the area being abandoned for street/roadway purposes. WHEREAS, the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: 1. The abandonment of the described right-of-way in Exhibit A will not result in property that does not have access to public roadways or utilities. 2. That there is no current or anticipated public need or use of the right-of-way except for public utilities; 3. The City will retain a public utility easement in the area described in Exhibit A but abandon the use of the area as a road; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, that the described area of the Christine Lane right-of-way will be abandoned for roadway and transportation purposes but the City shall retain a jsle/my docs/abandon/revisedform ord.doc Ordinance No. 2856 Page 2 public utility easement and does not abandon the use of the described area as a public utility easement. PASSED, ADOPTED and APPROVED this 15th day of December, 2005. APPROVED: c ~~~k~ RON SILVIA, Mayor d ATTEST: APPROVED: City Attorney jsle/my docs/abandonlrevisedjorm ord.doc GXI.H13IT A. METES AND BOUNDS DESCRIPTION OFA 2.48-ACRE TRACT TRACT # 1 CHRISTINE LANE ROW ABANDONMENT EXHIBIT # 1 CRAWFORD BURNETT LEAGUE, ABSTRACT NO.7 COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain 2.48-acre tract or parcel of land, lying and being situated in the Crawford Burnett League, Abstract No.7, College Station, Brazos County, Texas, being right. of-way for Christine Lane (a prescriptive easement nominally 40 feet in width), and being a portion of a remainder tract conveyed to Edsel G. Jones, et. al. as described by deed recorded in VOLUME 219 PAGE 383 of the Deed Records of Brazos County, Texas, said 2.48-acre tract being more particularly described as follows: BEGINNING at a capped 11," iron rod found at the intersection of the nonhwesterly right-of-way line of said Christine Lane and the easterly right-of-way line of FM 2154, also known as Wellborn Road (Variable width R.O.W.) and also being the southwest corner of a 9.63-acre tract called Tract 9 of the K. W. Schick Subdivision as described by plat recorded in VOLUME 542 PAGE 131 of the said Records; THENCE N 450 23' 19" E - 2,078.89 feet along the southeasterly line of the said Schick Subdivision to a 1," iron rod found for corner and being the southwesterly corner of Lot I of the Pontalba Subdivision, an addition to the City of College Station as depicted by plat recorded in VOLUME 2392 PAGE 21 of the Official Records of Brazos County, Texas, and being common with the east corner of Tract I of the said Schick Subdivision; THENCE S 450 45' 46" E - 941.83 feet along the northeasterly right-of-way line of Christine Lane and also being along the southwest line of the said Pontalba Subdivision, the southwest line of a 3.7 acre tract belonging to College Station Independent School District (CSISD) per current Tax Map (No Citation) and a 2.0 acre tract belong to CS1SD per the current Tax Map (No Citation) and across the right-of-way line of said Christine Lane to a capped 1," iron rod set for corner in the southeasterly right-of-way of Christine Lane and also being northwesterly line of Lot I, Block 1 of the Athletic Complex, a 22.815 acre tract conveyed to CSISD and depicted by plat recorded in VOLUME 1105 PAGE 786 ofthe said Official Records; THENCE S 440 25' 52" W - 38.88 feet along the common line of Christine Lane and said Athletic Complex to a y," iron rod found for comer in the southwest right-of-way Page I of2 001013-f.03(3822) Created on 8/18/2005 2:05 PM THENCE S 440 25' 52" W - 38.88 feet along the common line of Christine Lane and said Athletic Complex to a 1," iron rod found for corner in the southwest right-of-way line of Christine Lane and also being in the northeast line of a called 73.469 acre-tract conveyed to the O.D. Butler Family Partnership, Ltd. and recorded in VOLUME 3003 PAGE 269 of the said Records; THENCE the following calls along the common line of the said 73.469-acre tract and Christine Lane: N 450 49' 44" W - 888.82 feet to a 4" fence post for angle point; S 890 36' 39" W - 28.06 feet to a 4" fence post for angle point; S 450 21' 34" W - 2,028.75 feet to a standard concrete TXboT right-of-way marker found for corner in the easterly right-of-way line of said FM 2 I 54 and - being the southwest corner of this tract; THENCE N 300 32' 08" W - 36.22 feet along the east right-of-way line of said FM 2154 to the PLACE OF BEGINNING, and containing 2.48 acres of land. Basis of Bearihl!: The soutlleasterly boundary line of the said plat ofK.W. Schick Subdivision as monumented on the ground and called N 450 23' 19" E per the said plat. For further information see the exhibit drawing issued this date. August 2005 Municipal Development Group College Station, Texas Page 2 of2 yf- RPLS 5676 001013-f.03(3822) Created on;,8/1 ~\'\i,1. 't' ';-~.:.".~~..