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HomeMy WebLinkAbout2024-4561 - Ordinance - 11/14/2024ORDINANCE NO. 2024-4561 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.139 ACRE PORTION OF THE 10-FOOT-WIDE UTILITY EASEMENT, SAID PORTION LYING ALONG LOTS 1 THROUGH 7, BLOCK 1, OF THE NEEDHAM ESTATES SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 276, PAGE 301 OF THE DEED 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 10-foot Width Utility Easement, said portion lying along Lots 1 through 7, Block 1, of the Needham Estates Subdivision, according to the plat recorded in Volume 276, Page 301, of the Deed Records of Brazos County, Texas, as described in Exhibit "A", attached hereto (such portion hereinafter referred to as the "Utility Easement"); and WHEREAS, in order for the Utility 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 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Utility Easement described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Utility 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 Utility Easement. 3. There is no anticipated future public need or use for the Utility Easement. 4. Abandonment of the Utility Easement will not impact access for all public utilities to serve current and future customers. PART 2: That the Utility Easement as described in Exhibit "A" be abandoned and vacated by the City. ORDINANCE NO. 2024-4561 Page 2 of 2 PASSED, ADOPTED and APPROVED this 14t" clay of November, 2024. ATTEST: 4/7d/- City Secretary APPROVED: City Attorney Exhibit "A" METES AND BOUNDS DESCRIPTION 0.139 ACRE (10' WIDE UTILITY EASEMENT ABANDONMENT) Block 1, Needham Estates All that certain tract or parcel containing 0.139 acre of land in the Robert Stevenson League, A-54, Brazos County, Texas, 10' wide utility easement along Block 1, Needham Estates, a subdivision of record in Volume 276, Page 301, of the Brazos County Deed Records, (BCDR), said 0.139 acre being more particularly described by metes and bounds as follows, basing bearings on the Texas Coordinate System of 1983, (NAD 83) Central Zone, to wit: BEGINNING at a 1/2" iron rod found for a northwest corner, being the west corner of Lot 7, Block 1, Needham Estates and north corner of a tract which was called 4.89 acres and conveyed from Eugene Bernard Savage III, et al, to Grace Lynn Savage, Trustee, by an instrument of record in Volume 16669, Page 95, BCOPR, lying in the southeast line of Lot 3, Block 1, Edelweiss Ridge, a subdivision of record in Volume 10065, Page 244, BCOPR, from which a city monument #120 found for reference bears: N31°52'26"W, 18,215.29 feet; THENCE N44°51'14"E, 10.01 feet, along the common line of said Lot 7, Block 1, Needham Estates and Lot 3, Block 1, Edelweiss Ridge to a point for north corner, from which a 1/2" iron rod found for north corner of Lot 7 bears: N44°51'14"E, 138.78 feet; THENCE S47°59'50"E, 605.85 feet, crossing said Block 1, Needham Estates to a point for east corner; THENCE S42°25'53"W, 10.00 feet, crossing Lot 1, Block 1, Needham Estates to a a point for south corner, lying in the northeast line of said 4.89 acre tract, from which a 1/2" iron rod found for south corner of Lot 1, Block 1, Needham Estates and east corner of said 4.89 acre tract, lying in the northwest right of way (R-O-W) line of Barron Road, a public road, bears: S47°59'50"W, 10.00 feet; THENCE departing Barron Road, N47°59'50"W, along the common line of said Block 1, Needham Estates and said 4.89 acre tract, at 76.24 feet pass a 5/8" iron rod found for a common corner of Lot 1 and Lot 2, 0.17 feet to the right of line, and continuing along said common line, at 248.34 feet pass a 5/8" iron rod found for common corner of Lot 3 and Lot 4, 0.23 feet to the right of the line, and continuing along said common line, at 334.46 feet pass a 5/8" iron rod found for common corner of Lot 4 and Lot 5, 0.19 feet to the right of the line, and continuing along said common line, at 420.46 feet pass a 5/8" iron rod found for common corner of Lot 5 and Lot 6, 0.08 to the right of the line, and continuing along said common line, at 506.49 feet pass a 5/8" iron rod found for common corner of Lot 6 and Lot 7, 0.20 to the right of the line, and continuing along said common line for a distance in all of 606.26 feet to the PLACE OF BEGINNING, containing 0.139 acre of land, more or less. As a part of this professional service, a certified plat has been prepared by Johnson & Pace Incorporated under Job # 5624-001. oy Maxwell Professional Land Surveyor Texas Registration No. 5585 Compiled By: Johnson & Pace Incorporated 1201 NW Loop 281 • Suite 100 Longview, Texas, 75604 TBPLS #10025400 Engineering • Architecture • Surveying Job No. 5624-001 Date: August 22, 2024 Revised Date: October 7, 2024 NOTES 1. BEARINGS ARE BASED UPON THE TEXAS COORDINATE SYSTEM OF 1983 (NAD83), CENTRAL ZONE. GRAPHIC SCALE 50 0 25 50 100 200 8 E x a In m 0 a EL 9 0 8 0 a a 5 0. 2. A CERTIFIED METES AND BOUNDS DESCRIPTION HAS BEEN PREPARED UNDER THE SAME JOB NUMBER AS A PART OF THIS PROFESSIONAL SERVICE. 3 THTS PROFESSIONAL SERVICE WAS PERFORMED WITHOUT BENEFIT OF HAVING BEEN FURNISHED A TITLE COMMITMENT. EASEMENTS AND/OR OTHER MATTERS AND/OR ISSUES RELATING TO TITLE COULD AND MAY EXIST 4. ACCORDING TO TEXAS LOCAL GOVERNMENT CODE, CHAPTER 212.004 AND 212.005, DIVIDING ANY TRACT OR LOT INTO TWO OR MORE PARTS WITHOUT BENEFIT OF A SUBDIVISION PLAT APPROVED BY THE CITY OF LONGVIEW AND ALSO FILED AND RECORDED WITH THE COUNTY CLERK, IS A VIOLATION OF CITY ORDINANCE AND STATE LAW,SUBJECTING THE VIOLATOR TO FINES AND/OR THE WITHHOLDING OF UTILITIES AND BUILDING PERMITS. LOTS :y LOT4 ,:.4.5. Off. 5F��/ 5 LOT 2 LOT 3 J LOT 1 / / P.O.B. FOUND 1/2" IRON ROD (CM) FOUND 112" 1RON ROD (CM) .9 \ O tiG \ O h \ r \ N44° 51' 14"E, 10.01' 8a, LOT LOT 6 FOUND 518" IRON ROD AUGUST 29, 2024 DATE 8s FOUND 518" IRON ROD 10' UTILITY EASEMENT VOL 279, PO. 301, 6007 FOUND 5/8" IRON ROD Off NE ` .0 8 LOT 5 Sp� . 4.69 ACRE EUGENE BERNARD SAVAGE III, ET AL q8 TO 26• GRACE LYNN SAVAGE. TRUSTEE. VOL. 16669. PG. 95. BCOPR FOUND 518" IRON ROD B6 * s ""8NE LOT 4 N� \esob m \�S8 REVISED: OCT. 7, 2024 REVISED: SEPT. 12, 2024 AUG. 29, 2024 I BOOK NA, PG NA I DRAWN BY: JTJ I JOB #5624-001 \ 23 • \ 30 \ � r LOT 3 \ \ e 6R LOT2 , tio `Bg1,kb<5.4Z\ ss 99 FOUND 518" IRON ROD S42" 25 53"W, 10.00' 4 1- NE v S47' 59' 50"E, 10.00' FOUND 112" IRON ROD (CM) / 10' PUBLIC UTILITY EASEMENT VOL. 8780, PG. 84, BCOPR J (€N FEET) 1 inch = 100 ft. LEGEND 0 POINT FOR CORNER �2. LOT 1 / s 10' PUBLIC UTILITY = SEMENT L. 9343, PG. 176, BCOPR V 0.139 ACRE BEING A 10' WIDE UTILITY EASEMENT ALONG ABANDONMENT LOTS 1-7, BLOCK 1, NEEDHAM ESTATES VOL. 276, PAGE 301, BCDR IN THE ROBERT STEVENSON LEAGUE, A-54 BRAZOS COUNTY, TEXAS JOHNSON & PACE INCORPORATED m 1201 NW LOOP 281, SUITE 100, LONGVIEW, TEXAS 75604 (903)753-0663 FAX (903)753-8803 WWW.JOHNSONPACE.COM TBPELS 10025400, TBPE F-4691