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HomeMy WebLinkAbout2007-2998 - Ordinance - 09/13/2007ORDINANCE NO. 2998 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 5029 SQUARE FOOT PORTION OF THE THIRTY FOOT (30') WIDTH RIGHT OF WAY, SAID PORTION LYING ALONG LOTS 11 & 12, BLOCK 2, OF THE BOYETT'S SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 38, PAGE 614 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 thirty foot (30') Width Right-of--Way, said portion lying along Lots 11 & 12, Block 2, of the BOYETT'S SUBDIVISION, according to the plat recorded in Volume 38, Page 614, of the Official Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the "Right-of-Way"); and WHEREAS, the Right-of--Way is located in an area of the Northgate District of College Station, Texas, in which there are a large number of pedestrians, including particularly children; and WHEREAS, the Right-of--Way currently provides a direct route for motor vehicles traveling in the Northgate District to access the heavily traveled University Drive; and WHEREAS, vacating and abandoning the Right-of--Way will increase public health and safety by providing for safe pedestrian traffic in the area of the Right-of--Way; and WHEREAS, vacating and abandoning the Right-of--Way will additionally have the public benefit of decreasing the City of College Station's maintenance costs for maintaining public streets; and WHEREAS, in order for the Right-of--Way 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 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Right-of--Way described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. Abandonment of the Right-of--Way will not result in property that does not have access to public roadways. 2. There is no public need or use for the Right-of--Way. U. (Ordinance 20071September 200710RDINANCE NO. 2998.doc 3. There is no anticipated future public need or use for the Right-of- Way. 4. Vacating and abandoning the Right-of--Way will increase public health and safety by providing for safe pedestrian traffic in the area of the Right-of--Way. 5. Vacating and abandoning the Right-of--Way will further benefit the public by decreasing the City's maintenance costs for maintaining public streets. 6. Utility infrastructure exists within the Right-of--Way and the City has a continuing need for public utilities located within the right- of-way. 7. The City has a continuing need for public emergency access through the Right-of--Way. PART 2: That the Right-of--Way as described in Exhibit "A" be abandoned and vacated by the City for public roadway purposes; provided, however, that the City shall retain a public utility easement and public access easement in the area to be abandoned and the City does not abandon the use of the described area as public utility easement and public access easement. PASSED, ADOPTED and APPROVED this 13th day of September, 2007. APPROVED: Mayor APPROVED: E-Signed by Carta A. F{t~binsq~ , VFRIFY authv ntit-Yv~wiYh Annmva7Y City Attorney U: IOrdinunce 2007'September 200710RD/NANCE NO. 2998.doc City Secretary METES AND BOUNDS DESCRIPTION OF A 0.12 ACRE TRACT PORTION OF LODGE STREET BOYETT'S SUBDIVISION COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF LODGE STREET WITHIN BOYETT'S SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 38, PAGE 614 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT AN "X" SET IN CONCRETE IN THE SOUTHWEST LINE OF LODGE STREET. SAID POINT BEING THE EAST CORNER OF LOT 12, BLOCK 2 OF SAID BOYETT'S SUBDIVISION; THENCE: N 48 ° 13' S 1" W ALONG THE NORTHEAST LINE OF SAID LOT 12 FOR A DISTANCE OF 167.64 FEET TO AN "X" SET IN CONCRETE. FOR REFERNCE, THE NORTH CORNER OF SAID LOT 12 BEARS N 48 ° 13' S 1" W FOR A DISTANCE OF 1 i .82 FEET; THENCE: N 41 ° 46' 09" E THROUGH THE R O. W. OF LODGE STREET FOR A DISTANCE OF 30,00 FEET TO AN "X" SET IN CONCRETE ON THE SOUTHEAST LINE OF LOT 11, BLOCK 2 OF SAID BOYETT' S SUBDIVISION. FOR REFERENCE THE WEST CORNER OF SAID LOT l 1 BEARS N 48 ° 13' 51 " W FOR A DISTANCE OF 11.82 FEET; 'T'HENCE: S 48 ° 13' S 1 " E ALONG'I'IIIa SOUTHWEST LINE OF SAID LOT 11 FOR A DISTANCE OF 167.64 FEET TO AN "X" SET IN CONCRETE. FOR REFERENCE, THE COMMON CORNER OF SAID LOT 11 AND LOT 10, BLOCK 2 OF SAID BOYETT'S SUBDIVISION BEARS S 48 ° 13' 5 l " E FOR A DISTANCE OF 9.98 FEET; THENCE: S 41 ° 46' 09" W THROUGH THE RO. W. OF LODGE STREET FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.12 OF AN ACRE OF LAND, MORE OR LES S, AS SURVEYED ON THE GROUND MAY, 2007. SEE PLAT PREPARED MAY, 2007, FOR MORE DESCRII'TTVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 C:IDRAWINGS/MAB/07-384 Application for abandonment of a portion of Lodge Street Right-of-Way ~,~ ~~, ~, ~~ s~ as 7 ~y~ Q~ ~ ~ tGr~J , r° .ti G ~~ ,~~ . ,,~ ~.~ ,~ ~`~, ~, ~G6 car S~ BOYETT, BLOCK 2, LGT 10;'y1 "~ ~~~~ A&M UNITED METHODIST CHUF~CH ~, ~~ ~~ '.~'. 417 UNIVERSITY DR ~, -- ~ %'~. _-~_ Subject ROW ~ ~-a, , ~ ~,~ ;~'~. __ ~ i ~ ~~~ ~ '. ~ BOY~TT, ©LOCK 2, LOT 12 ~` '~'," ~/~ A8M UNITED METHODIST CHURCH ~9 417 UNIVERSITY DR C~Ad/~ ~ ~o ~'7 `e~ ~' ~ ~ ~~ % ~~~.a S~ Qa~ i ~~~ i ~ ~~,~ y~w~ ( ~~ J~~J ~~ «~ f y i'~ °GS~ f r' °? s~ Exhibit No. 2 Nn ~ ' N QY w~ a ~ . 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