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Home My WebLink About2008-3073 - Ordinance - 05/08/2008ORDINANCE NO. 3073 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AIVD VACATING AND ABANDONING A 0.3978 ACRE (17,326 SQUARE FOOT) PORTION OF THE FIFTEEN FOOT (15') WIDE PUBLIC SANITARY EASEMENT, SAID PORTION LYING ON 8.572 ACRE TRACT AS DESCRIBED BY DEED RECORDED IN VOLUME 204, PAGE 198 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND ON 8.62 ACRE TRACT AS DESCRIBED BY DEED RECORDED IN VOLUME 204, PAGE 275 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 fifteen foot (15') wide Public Sanitary Easement, said portion lying on 8.572 acre tract as described by Deed recorded in Volume 204, Page 198, of the Official Records of Brazos County, Texas, and on 8.62 acre tract as described in Deed recorded in Volume 204, Page 275, 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 1: 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. 1. 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, a 0.3978 acre portion of a fifteen foot (15') wide Public Sanitary Easement, said portion lying on 8.572 Acre Tract as described by Deed recorded in C: Documents and SettingsltmcnuttlLocal SettingslTemporary Internet FileslContent.1E51PI WVE02SIOrdinance _ revised[l].doc ORDINANCE NO. 3073 Page 2 Volume 204, Page 198, of the Official Records of Brazos County, Texas, and on 8.62 Acre Tract as described by Deed recorded in Volume 204, Page 275, of the Official Records of Brazos County, Texas, as described in Exhibit "A" attached hereto, be abandoned and vacated only upon completion of the following conditions: Applicant shall remove and relocate the existing public sewer main within the Easement and there be no other infrastructure in this Easement. Applicant shall design and construct a replacement public sewer main meeting all applicable City standards. If said improvements are not completed and accepted by the City, the abandonment shall be null and void and have no further force or effect. 2. Applicant shall provide to the City by dedication deed on a form prepared by City or by plat a fifteen foot (15') wide public utility easement for the relocated sewer line. If the said public utility easement is not dedicated and accepted by the City, the abandonment shall be null and void and have no further force or effect. PASSED, ADOPTED and APPROVED this 8th day of May , 2008. APPROVED: Mayor TTEST: i City Secretary APPROVED: f E�d thP YrCar a �Z r VFR FY annfirity "with AnnrAVP t" City Attorney C: (Documents and SettingsltmcnuttlLocal SettingslTemporary Internet Files IContent.IESIPI WVEUSIOrdinance_revised[I].doc Ordinance No. 3073 EASEMENT NO.3 METES AND BOUNDS DESCRIPTION OF A PUBLIC UTILITY EASEMENT COLLEGE HILLS ELEMENTARY SCHOOL RICHARD CARTER LEAGUE, A-8 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF A PUBLIC UTILITY EASEMENT BEING A PORTION OF A TRACT OF LAND CALLED 8.572 ACRES DESCRIBED AS FIRST TRACT AND SECOND TRACT BY A DEED FROM JACK JACKSON TO A & M CONSOLIDATED SCHOOL DISTRICT RECORDED IN VOLUME 204, PAGE 198 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND A PORTION OF A REMAINDER OF A CALLED 8.62 ACRE TRACT AS DESCRIBED BY A DEED FROM DONALD CHRISTY AND WIFE, HELEN SHEDD CHRISTY TO A & M CONSOLIDATED INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 204, PAGE 275 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, SAID TRACTS BEING KNOWN AS COLLEGE HILLS ELEMENTARY SCHOOL, SAID PUBLIC UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 3/8 INCH IRON ROD FOUND ON THE SOUTHEAST RIGHT -OF- WAY LINE OF FRANCIS DRIVE (50' RO.W.) MARKING THE WEST CORNER OF SAID SCHOOL TRACT AND THE NORTH CORNER OF COLLEGE HILLS ESTATES, SECTION THREE, ACCORDING TO THE PLAT RECORDED IN VOLUME 100, PAGE 161 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 48* 22'17" E ALONG THE SOUTHEAST LINE OF FRANCIS DRIVE FOR A DISTANCE OF 146.46 FEET TO A 5/8 INCH IRON ROD FOUND MARKING AN ANGLE POINT IN SAID LINE; THENCE: N 61'34'17" E CONTINUING ALONG THE SOUTHEAST LINE OF FRANCIS DRIVE FOR A DISTANCE OF 66.4 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED EASEMENT; THENCE: THROUGH SAID SCHOOL TRACTS FOR THE FOLLOWING CALLS: S 60" 53'31" E FOR A DISTANCE OF 524.92 FEET TO A POINT; S 50" 03'46" E FOR A DISTANCE OF 128.89 FEET TO A POINT; S 81 03'50" E FOR A DISTANCE OF 73.80 FEET TO A POINT; Ordinance No. 3073 EASEMENT NO.3 S 30 57'24H E FOR A DISTANCE OF 252.31 FEET TO A POINT; S 64 29'30" E FOR A DISTANCE OF 271.25 FEET TO A POINT; S 36 55'32" E FOR A DISTANCE OF 194.07 FEET TO A POINT ON THE COMMON LINE OF SAID SCHOOL TRACTS AND CHRISTY SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 213, PAGE 463 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 75'38'15"W ALONG SAID COMMON LINE FOR A DISTANCE OF 12.97 FEET TO A POINT; THENCE: THROUGH SAID SCHOOL TRACT FOR THE FOLLOWING CALLS: N 36 ° 55'32" W FOR A DISTANCE OF 186.21 FEET TO A POINT; N 64 29'30" W FOR A DISTANCE OF 271.92 FEET TO A POINT; N 30 57'24" W FOR A DISTANCE OF 250.31 FEET TO A POINT; N 81 03'50" W FOR A DISTANCE OF 71.52 FEET TO A POINT; N 50 03'46" W FOR A DISTANCE OF 131.08 FEET TO A POINT; N 60 53' 31" W FOR A DISTANCE OF 531.42 FEET TO A POINT ON THE SOUTHEAST LINE OF FRANCIS DRIVE; THENCE: N 61* 34'17" E ALONG THE SOUTHEAST LINE OF FRANCIS DRIVE FOR A DISTANCE OF 14.22 FEET TO THE POINT OF BEGINNING CONTAINING 0.3978 OF AN ACRE (17,326 SQUARE FEET) OF LAND AS SURVEYED ON THE GROUND DECEMBER, 1997. FOR MORE DESCRIPTIVE INFORMATION SEE PLAT PREPARED DECEMBER, 1997. BEARING ORIENTATION SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM CITY OF COLLEGE STATION GPS MONUMUNTS. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:\w0RKAMA13\97-832133.MAB ordinance No. 3073 3 0 Ys � 1 o F S ro ra t 0 �; t g �� m m im C m 8 M Q C n m 0 CA n D r N O O Irdinance No. 3073 J , ; . Ifcg 0 f1 Y�4 r 0 I y � 3 Z Z ( 0 0 z 0 < $ : w CL Z II I, i t r i �i II I,