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Home My WebLink About2008-3129 - Ordinance - 11/05/2008ORDINANCE NO. 3129 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.2874 PORTION OF A VARIABLE WIDTH PUBLIC UTILITY AND DRAINAGE EASEMENT, SAID EASEMENT LIES ON LOT 4A, LOT 4D, AND LOT 4E OF THE REVISED PLAT OF LOT 4, BLOCK 15, PHASE 2 OF THE SOUTHWOOD PLAZA SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 1203, PAGE 143 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 0.2874 portion of a variable width public utility and drainage easement, said easement lies on Lot 4A, Lot 4D, and Lot 4E of the Revised Plat of Lot 4, Block 15, Phase 2 of the Southwood Plaza Subdivision, according to the plat recorded in Volume 1203, Page 143 of the Deed 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. Applicant intends to relocate the existing public utility mains located in the Easement to a replacement public utility easement. 3. There is no public need or use for the Easement. 4. There is no anticipated future public need or use for the Easement. 5. 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. 3129 Page 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, a 0.2874 portion of a variable width public utility and drainage easement, said easement lies on Lot 4A, Lot 4D, and Lot 4E of the Revised Plat of Lot 4, Block 15, Phase 2 of the Southwood Plaza Subdivision, according to the plat recorded in Volume 1203, Page 143 of the Deed Records of Brazos County, Texas, as described in Exhibit "A" attached hereto, be abandoned and vacated only upon completion of the following conditions: That the Applicant remove and relocate the existing public utility mains to another public utility easement. 2. That the City Engineer approve and accept the relocated public utility mains. 3. That the Applicant dedicate the replacement public utility easement to the City in compliance with City standards. 4. That there will be no other infrastructure in the easement to be abandoned. If any of the above conditions are not met within eighteen (18) months, the abandonment shall be null and void and have no further force or effect. PASSED, ADOPTED and APPROVED this 5th day of,November, 2008. APPROVED: Mayor ATTEST: City Secretary APPROVED: I E S d�Fayfadart 1 VFR�FV hr n irity with Annmvr City Attorney Legal Description Brazos County, Texas FN No. 08- 0012eR D&A Job No. 001 -402 x:11, DESCRIPTION OF A TRACT OF LAND CONTAINING 0.2874 ACRE (12,521 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT 4A, LOT 4D, AND LOT 4E OF THE REVISED PLAT OF LOT 4, BLOCK 15, OF SOUTHWOOD PLAZA, PHASE TWO, RECORDED IN VOLUME 1203, PAGE 143, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, (D.R.B.C.T.), ALSO BEING A PORTION OF A VARIABLE WIDTH DRAINAGE AND UTILITY EASEMENT AS SHOWN ON SAID REVISED PLAT OF LOT 4, BLOCK 15, OF SOUTHWOOD PLAZA, PHASE TWO, SAID 0.2874 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): COMMENCING at a Mag nail with "Doucet" washer found for the southwest comer of Lot 4F of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, and being an interior ell - corner of said Lot 4A, said point also being a point in the south line of a 20 -foot wide Utility Easement as recorded in Volume 1203, Page 143, D.R.B.C.T., from which a 1/2 -inch iron rod found at an angle point in the west line of said Lot 4F, also being an angle point in the northeast line of said Lot 4A, bears, N23 0 08'34 "W, a distance of 50.00 feet; THENCE, departing the southwest corner of said Lot 4F, and the interior ell comer of said Lot 4A, and the south line of a 20 -foot wide - Utility Easement, over and across said Lot 4A, with the west line of said Drainage and Utility Easement, S25 a distance of 25.03 feet to a calculated point for the northwest corner and POINT OF BEGINNING hereof, THENCE, in part over and across said Lots 4A, 4D, and 4E, all of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, the following ten (10) courses and distances: 1. over and across said Drainage and Utility Easement, N66 °51'26"E, a distance of 20.02 feet to a calculated point for the northeast corner hereof, 2. with the east line of said Drainage and Utility Easement, S25°50'27E, a distance of 277.07 feet to a calculated point for an angle point hereof, 3. N87 °54'48 "E, a distance of 32.76 feet to a calculated point for an angle point hereof; said point being in the west line of a variable width Drainage and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, D.R.B.C.T., Page 1 of 2 P:\001-402\mrvey\legals\08-0012e—RevisecLdoc VxLl1+ I 1 5lr,� Z S- 3 4. with the west line of said Drainage and Utility Basement as shown on said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, S03 0 10'50 "E, a distance of 58.84 feet to a calculated point for the southeast corner hereof, and being the beginning of a non - tangent curve to the left, 5. 27.40 feet along the are of said curve to the left, having a radius of 190.00 feet, through a central angle of 08 °1551 ", whose chord bears, S68 °16'31 "W, a distance of 27.38 feet to a calculated point for the southerly most corner hereof 6. N25 a distance of 40.79 feet to a calculated point for an interior ell - comer hereof, 7. S53 °49'29 "W, a distance of 94.62 feet to a calculated point for the southwestern corner hereof, 8. over and across said Drainage and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, of Southwood Plaza, Phase Two, N29 °30'25 "W, a distance of 47.74 feet, 9. N55 °10'541?, a distance of 97.33 feet to a calculated point for an interior ell- comer hereof, said point being in the west line of said Drainage and Utility Easement, and 10. with the west line of said Drainage and Utility Easement, N25 a distance of 256.90 feet to the POINT OF BEGINNING and containing 0.2874 acre (12,521 sq. ft.) of land, more or less. ason Ward, R.P.L.S. Date ��. OF. Texas Registration No. 5811 C' s r eq F Doucet & Associates Inc., : 1. a - 7401 B Hwy. 71 West, Suite 160 JASON WARD .N. »NN.N...N...N.»NNN Austin, Texas 78735 9 5811 i1:'• ° .' D ES so:._.�O Page 2 of 2 P :\001- 402Vmvey\1ega1s \08 -0012e Reviseddoc / •—.. ]\ `' — N23'08'34 "W� / LOT40 I X� N DETAIL ~ 8665 1, 26 w 1 _ 5 ' - 0.00 SEE L CONC' N A . 58.08 FOUND 20' UTILITY ESM 3 I CON C. _ LOT 4A VOL 12D3, Pc. ,143 NAIL `F UND LOT4A� SOUTHWOOD P O.C. N41'17'46 "E f VALLEY, INC N6201'26 E 0.35' � **N. ` r P.O.B. DETAIL 'A" LOT4A NOT TO SCALE 60 DRAINAGE AND UTILITY ESMT. VOL 1203, PG. 143 REVISED PLAT OF 20,00' LOT4BLOCSI5 SOUTHWOOD PLAZA PHASE TWO 12 VOL 1203, PO. 143 DRB.0 T. 3D 90 GRAPHIC SCALE: 1" m 60' BEARING BASIS: ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE 'COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203). NAD83 (CORS), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389. J _ _ _ _ _ _ _- N55 N29'30'25 "W � ' 47 .74' DRAINAGE AND 1 ' UTILITY EWT. r VOL- 1203, PG. 143 — _ _ $53'49'29 "W 94.62' O BA RN = LEA UGE LOT 4F SOUTHWOOD S22s 25- � 2i VALLEY, INC 0 3' / DRAINAGE / Lt'i rY ESIIT. / 1203 PG; 143 PORTION OF DRAINAGE AND UTILITY EASEMENT TO BE VACATED / 02874 ACRE / 12,521 SQUARE FEET %a . I / � CIS CI / / /// n �N M N ip / . LOT4B / SOUT.HWOOD / .W / VALLEY, I111C LOT 3 ,BLOCS 15 N E/ / / L1MITWPAR7M SHW / 276' / / CORMC17ONPLAT OP SOUTHWOOD PLAZA PHASE ONE VOL 1046, PG. 591 I / / D.R-B.C.T. LEGEND EASEMENT LINE EXISTING PROPERTY LINES N25'50'27"W r LO 4A 1 79' VALLEY, INC LOT 4D SOUTHW OD VALLEY, U A =27.40' / �<V y / -- - - ---- EXIS EASEMENTS Au JASON WARD C o� 5811 e , Q „ 0 U A =27.40' / �<V y / -- - - ---- EXIS EASEMENTS R=1 90.00' hO / /. / / • 1/2" IRON ROD FOUND (UNLESS NOTED) A-8015'51* / �O �� // O 2' IRON PIPE FOUND CB =S68'1 6'31 "W O� / (UNLESS NOTED) CALCULATED POINT 'DOUCET' ' C =27.38 / At MAC NAIL MATH �- VOL WASHER FOUND PG. PAGE R.O.W. RIGHT -OF -WAY D.R.B.C.T, '"`� P: 001 -402 surve DA- drowln FN 808- 0012eR � � Y� ys \001 -402 vacate-.20 UE ort1o11svAesd.dr g 0.2874 ACRE PORTION OF DRAINAGE AND UTILITY V A Doucet &Associates, Inc. EASEMENT TO BE VACATED 7401 B Hwy. 71 West, Suite 160 CRY OF COLLEGE STATION, Ausdn, TX 78735, Phone (S 12) 583 -2600 F-mc (5 12) 583 -2601 BRAZOS COUNTY, TEXAS NJSrMt TOM - NOKrKV?TMMAIMAC ,ten:- KOSI:AMCAUFORM www.doucemndawociates.com DEED RECORDS BRAZOS COUNTY. TEXAS Data 9/18/2008 Scots: 1••50' Drawn by- JWS Reviewer: JSW Project: 001 -402 Sheet: 1 of 1 Field Book: 229 Party Chief: JM Survev Date: 11/29/07