HomeMy WebLinkAbout2006-2924 - Ordinance - 09/14/2006
ORDINANCE NO. 2924
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 0.911 ACRE PORTION OF THE VARIABLE
WIDTH PUBLIC UTILITY EASEMENT, SAID PORTION LYING WITHIN THE
PLATTED COMMON AREA, IN HERITAGE TOWNHOMES SUBDIVISION,
ACCORDING TO THE PLAT RECORDED IN VOLUME 4309, PAGE 251, OF THE
OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS.
WHEREAS, the City of College Station, Texas, has received an application for the
vacation and abandonment of a portion of the variable width public utility easement, said
portion lying within the platted Common Area of Heritage Townhomes Subdivision,
according to the plat recorded in Volume 4309, Page 251, of the Official Records of
Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion
hereinafter referred to as the "Easement"); and
WHEREAS, in order for the Easement to be vacated and abandoned by the City Council
of the City of College Station, Texas, the City Council must make certain affirmative
findings; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART I:
That after opening and closing a public hearing, the City Council finds the
following pertaining to the vacating and abandoning of the Easement
described in Exhibit "A" attached hereto and made a part of this ordinance
for all purposes.
I. Abandonment of the Easement will not result in property that does
not have access to public roadways or utilities.
2. There is no public need or use for the Easement.
3. There is no anticipated future public need or use for the Easement.
4. Abandonment of the Easement will not impact access for all public
utilities to serve current and future customers.
PART 2:
That the Easement as described in Exhibit "A" be abandoned and vacated
by the City.
ORDINANCE NO.
2924
Page 2
PASSED, ADOPTED and APPROVED this 14th day of September ,2006.
ATTEST:
APPROVED:
I(l.:m.!~~~~l
ecretary
City Attorney
APPROVED:
~JjL:".
RONSIL A, ~ayor
Ordinance No. 2924~
Page20f2
FIELD NOTES
0;911 ACRES
Being all that certain tract or parcel of land lying and being situated in the Maria Kegans
League. Abstract No. 28 in College Station, Brems County, Texas and being a part of the
Common Area as noted on the HERITAOE TOWNHOMES Subdivision Final Plat
recorded in Valwne 4309, Page 2S1 of the Official Records of Brazos County, Texas
(O.R..B.C.) and being mom particularly described by metes and bolDld. as fOllows:
BEGINNING: I!Il a set 112-inch iron rod for the west comer of Lot 4, Block. Four of said
HERITAGE TOWNHOMES. said iron rod also being in the southeast line of a 20' Wide
Utility Easement described in Volume 709. Page 331 (B.C.D.R.) and marking an interior
ell-coroer of the said Common Area;
tHENCE: S 4T 41' 55" E along the lI()uthwest line of said Lot 4 for a distance of 99.0S
feet to a set 112-inch iron rod for corner in the southeast line of said HERITAGE
TOWNHOMES Subdivision, said line also being common with the northwest line of Lot
18, Block 2, HARVEY HILLSIDES ADDmON, acoording to the plat recorded in
Volume 263, pogo 487 of the BtllZO. CoMly Deed R=rds (B.C.D.R.);
THENCE: S 40' 27' 22" W along the common line of said HERITAGE TOWNHOMES
Subdivision and HARVEY HILlSIDES ADOmON for a distaooc of 425.42 feet to a set
tl2-inch iron rod for comer, said comer also marking the most easterly comer of a 10-
foot wide right-of-way dedication for Unda Lane on the said HERIT AOE
TOWNHOMES Subdhision plat;
THENCE: N 470 41' 47" W along the said Linda Lane right-of-way line for a distance of
89.25 feet for comer, said comer also being in the beforementioned southeast line of the
20' Utility Easement (709/331);
1lJENCE: N 39' 22' 32" E along the southeast line of the said utility easement for a
distance of 406.66 feet and N 340 05' 46" E for a distance of 19.26 feet to the POINT OF
BEGINNING and containing 0.911 acres ofland, more or Jess.
I, Michael R.. McClure, Rogimemd Professionol Land Surveyor No. 2859 in the State of
Texas do certitY that this survey substantially complies with the current Texas Society of
Professional Surveyors Standards and Specifica.tioO!l for a Categmy IB, Condition n
Survey.
~~g.~
Michael R. McClure, R..P.L.S. #2859
,/r/Ol
.
EXHIBIT
A
-1!-_J:I --l! J \ ~~~---~~=;~~------
_ H -- , I '
IWDr;~~,ro \ \f-----~---__l
-Hi--/') \ \: .III1"'.-':"'~f$
: : ~ I] \
! . ! l' i \
--L-J---;J I
_hL~ _ I
___"IJD:,I1/f1D.:I I
--~--F4 II_
i. i ' ill';
\\~ ~: ~ I: I~
--"'.~--- --] I
II ~ I il
Ill: / I.~
!. Ul' r"II~~
! I f ~.
~~~~ ---' it .~
I1IJD7 tJ{l(1.!l \l I
~-'=l::~l :f I
: ~: I
, I. - I I
: ~: I
_L~ I
I
I
Ordinance No. 29~
...
h
~~
..
1
~
I::S
-h_h____ _L
- ~"Q~!;""" .O~<"" _ __ oR_ ~:JLDdi4H1I
I1l.1D7 DPIJ17
,~
~
~
il~
;~
I
..
t
..
------ --~--- --------- T-- - ---
EXHIBIT
A
~
I!
,
o
'"
'1>
-
~