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Home My WebLink About2008-3093 - Ordinance - 08/06/2008ORDINANCE NO. 3093 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATIlVG AND ABANDONING A 0.092 ACRES (4017 SQUARE FOOT) PORTION OF THE 10 FOOT SANITARY SEWER EASEMENT, SAID PORTION LYING ALONG LOT 1, BLOCK 1, OF THE LOFTS — WOLF PEN CREEK SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 8567, PAGE 278 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 10 foot wide sanitary sewer easement, said portion lying along Lot 1, Block 1, of The Lofts — Wolf Pen Creek Subdivision, according to the plat recorded in Volume 8567, Page 278, 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. ORDINANCE NO. 3093 PASSED, ADOPTED and APPROVED this 6th day of Augus, 2008. APPROVED: Mayor T T: I t TES -S y S y Secretary APPROVED: qed ,b* -Carl In I - --------- - - Page 2 City Attorney THE STAm OF TEXAS I[ COUNTY OF BRAZOS ]I KNOW ALL MEN BY THESE PRESENTS: Thnt I, Martin Loissnor, Jr., of tho County of Brazoo, Stato of Texas, for on$ in consideration of the sum of One and ~o/100 ($1.00) Dol1.ars to me cash in hand paid by the City of College Station, Texas, a municipal c~~rporation in Brazos County, Texas, duly incorporated under the laws of tile State of Texas, the receipt and sufficiency of which la heroby acknowledged, have granted, sold and convayed, and 'by these presents do grant, sell and convey unto the said City of College Station, Texas,a right of way and easement for the purpose of constructing, re- . constructing, operating, replacing, removing, laying and.perpetually maintaining a sanitary sewer line - -_ on and through the following described property, to-wit: that 33.73 acre .- .. trzct conveyed to Martin Leissner, Jr. by deed recorded in Volume 306, \.--.. . _.,._pxge 21 of the Deed Records of Brazos County, Texas, said easement to be teri (10) feet in width lying five (5) feet either side of the following described centerlino. Beginning in the northeast line of Texas Avenue in thc Morgan Rector Lcsgue in Collcge Station, Brazos County, Tcxas, S 31 ' 21" E - 5.0 fcet from .Lhc mos.1; wcstorly corner of tho. said 33.73 ccrc tract. Thence N 41° 53' 12" E - 2746.08 fcet parallel to and Yivo feet from the northwest line of the said 33.73 acre tract to an angle point; Thence N 42O 38' 32" E - 410.55 feet continuing parallel to and i'ive feet from the northwest line of the said 33.73 acre tract to the existing City of College Station Sanitary Sewer line and the end of this es semcnt . Tho Parties hereto understand that Grantor intends to construct permanent concrete parking lot or facilities on a portion of the ease- ment herein granted and Grantee by the acceptance and recording of this instrument agrees that Grantor may so construct a permanent parking lot or facility on all or a portion of the right-of-way and easement herein granted and further that if Grantee for the purpose of constructing, re- constructing, operating, replacing, removing, or any other purpose what- soever d,mages such parking facility or lot, Grantee will at its own cost and expense restore and replace the same in good and workmanlike manner. . : To have and to hold the rights and interests herein before described unto the said City of College Station, Texa~, and its successors and as- signs forever, and I do hereby bind myself, rqy heirs, executors and ad- ministrators, to warrant and forever defendl all and singular, these rights and interests unto the City of College Station, Texas, and its successors and assigns, against every pergw whomsoever lawfully claim- ing, or to claim the same or any part thereof, WITNESS my hand thie 2 2, day of 9kA- 0 19 Grantor THE STATE OF TEXAS 1 I i COUNTY OF BRAZOS BEFOIiE M$, a Notary Piblic, in and for ' 1 . I said County and State, on this day persomJly appe~red \ A I hZ&k c, +'. . dfA--ne'L/ el^ k known to me/to be the person whb 4 ,.*..*... C. A. subscribed l o ..*** *..P42he foregoing instrument, and aaknpwlcdgod 'to me that executed :k$: /r , %,wk.we for the purposes and consideration therein expressed. -. L, : ..,dL. :o: - 5 63: . . t a: : .U r GIVEN UNDER MY HAND AND sm OF. OFFI~~, This 2- ; c:. ..v:: :,+. a* + : . A'. . **. -...... ..'..: !? I E D 805616 OP o I ,.. A~LO~~I~~&-L? Notary Public, Bra JUN 2 2 1973 FRANK biitilS&lk Date Recorded 6 -2Uz Ci .~ilty :lerk,&ra~&? ; nty.Br;ra .YF;x~~c Pgu ;.!f&~plJ~j 102