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Home My WebLink About2008-3146 - Ordinance - 12/11/2008ORDINANCE NO. 3146 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.1217 ACRE VARIABLE WIDTH PUBLIC UTILITY EASEMENT, SAID EASEMENT LIES ON LOT 3, BLOCK 15, PHASE 1 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 1046, PAGE 591 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 0.1217 acre variable width public utility easement, said easement lies on Lot 3, Block 15, Phase 1 of the Correction Plat of Southwood Plaza Subdivision, according to the plat recorded in Volume 1046, Page 591 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, on November 5, 2008, the City Council of the City of College Station adopted Ordinance No. 3126 abandoning the Easement following a public hearing held on that same date; and WHEREAS, the City of College Station has now determined that said public hearing was inadequately noticed pursuant to the City of College Station Code of Ordinances; and WHEREAS, proper notice was made for a public hearing to abandon the Easement on this date; 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. ORDINANCE NO. 3146 Page 2 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 0.1217 acre variable width public utility easement, said easement lies on Lot 3, Block 15, Phase 1 of the Correction Plat of Southwood Plaza Subdivision, according to the plat recorded in Volume 1046, Page 591 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. Prior to the acceptance of the construction of the relocated utility lines previously within the Easement approved for abandonment by the City, the then owner of the Subject Property shall deliver to the City an agreement in writing to hold the City harmless, and indemnify the City against all suits, costs, expenses, and damages that may arise or grow out of the City's approval of the abandoned Easement. 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 nth day of December , 2008. APPROVED: Mayor TEST: City Secretary ORDINANCE NO. 3146 Page 3 APPROVED: City Attorney Ordinance No. 3146 Legal Description Brazos County, Texas FN No. 08-0012f Part 3 D &A Job No. 001 -402 EXHIBIT "A" DESCRIPTION OF A TRACT OF LAND CONTAINING 0.1217 ACRE (5,301 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING OUT OF LOT 3, BLOCK 15 OF THE CORRECTION PLAT OF SOUTHWOOD P LAZA PHASE ONE, RECORDED IN VOLUME 1046, PAGE 591, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, (D.ILB.C.T.), AND BEING A PORTION OF A VARIABLE WITH UTILITY EASEMENT AS SHOWN ON PLAT RECORDED IN VOLUME 1046, PAGE 591, SAID 0.1217 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 an angle point in the south line of said Lot 3 and being an angle point in the north line of Lot 4K of the Replat of Lot 4B, Block 15, Phase II, of Southwood Plaza Subdivision, recorded in Volume 2153, Page 93, (D.R.T.C.T.), from which a 2 -inch iron pipe found for the common easterly comer of said Lot 3, and said Lot 4K, and also being a point in the northwest Right -of -Way line of Brothers Boulevard, (R.o.w. varies), beats, S43 °29'34 "E, a distance of 197.66 feet, also from which a Mag nail with "Doucet" washer found for the northerly common corner of said Lot 4K, and Lot 4A of the Revised Plat of Lot 4, Block 15, of Southwood Plaza Phase Two, recorded in Volume 1203, Page 143, (D.R.B.C.T.), and being the southwest comer of said Lot 3, bears, S87 °58'05 "W, a distance of 200.49 feet; THENCE, over and across said Lot 3, N58 °55'42'T, a distance of .22.32 feet to a calculated point in a west line of a variable width Utility Easement, as shown on said Correction Plat of Southwood Plaza, for the southwest corner and POINT OF BEGINNING hereof; THENCE, over and across said Lot 3 the following six (6) courses and distances: 1. with a west line of said Utility Easement, NO2 °01'09 "W, a distance of 49.17 feet to a calculated point for an exterior ell-comer of said Utility Easement and the northwest corner hereof; 2. with a north line of said Utility Easement, N87 0 58'05 "E, a distance of 83.72 feet to a calculated point for an interior ell-corner of said Utility Easement and an interior ell- comer hereof Page 1 of 2 P: \001- 402k%nvey\1ega1s \08 -0012f Revised Part Moe Ordinance No. 3146 �xL-t4 A S64- 1 J_ 3 3. with a west line of said Utility Easement, NO2'01'09"W, a distance of 10.00 feet to a calculated point for an exterior ell-comer of said Utility Easement and an exterior ell- corner hereof, 4. with a north line of said Utility Easement, N87 °58'05 "E, a distance of 20.00 feet to a calculated point for an exterior ell corner of said Utility Easement and the northeast corner hereof, 5. with an east line of said Utility Easement, S02 1 01'09 "E, a distance of 59.19 feet to a calculated point for the southeast corner hereof, and 6. over and across said Utility Easement, and continuing over and across said Lot 3, S87 °58'45 "W, a distance of 103.72 feet to the POINT OF BEGINNING and containing 0.1217 acre (5,301 sq. ft.) of land, more or less. Jason ward, R.P.L.S. / Texas Registration No. 5811 Doucet & Associates Inc., 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 Page 2 of 2 P: \001- 402lsurvey\legals \OM12f Revised Part Moo Ordinance No. 3146 (jA,L A $Iw/# 3 ck ? NO. I L1 L2 L3 L4 I L5 I L6 I L7 LINE TABLE BEARING NOS 01'09 "W N87'58'05 "E NO2'01'09 "W N87'58'05 "E S02'01'09 "E 587'5845'W N58'55'42 "E DISTANCE 49.17' B3.72' 10.00' 20.00' 59.19' 103.72' 22.32' 1 0 100 200 50 150 GRAPHIC SCALE: 1" = 100' I , CRA WORD \ BARNE77 ♦ LOT 1B LEA V� ♦ I LOT 1A LOT 3 ,BLOCK IS — CORRBC4TON PLAT OF , SOUTHWOOD PLAZA PHASE ONE ,' REVISED PLAT @�►�� tIG. BASIS VOL. 1046, PG. 591 i /' • OFLOTS 1 & Z BLOCK 15, ALL BEARINGS ARE BASED ON THE TEXAS D.R.B.C.T. / /' SOUTHWOODPLAZA, STATE PLANE COORDINATE SYSTEM, GRID / /� - -� PHASE ONE LOT2R - NORTH, CENTRAL ZONE (4203). NAD83 VOL.1212, PG. 483 ) (COBS), ALL DISTANCES WERE AD�STED uTIUTY ESMT /" /- i /' � l DR B.C.T. VOL iD46, PG 591 TO SURFACE USING A COMBINmSCALE PER PUT i i /' i \ DRAa1AGEAND / FACTOR OF 1.000107026389. i � � // \ UT1 =ILO.W JASON WARD C 5811 1 SU UTILITY ESMT. LOT 4E (V01.. 1048. PC, 591 PER PLAT L074D i \ LOT 2R 2 \ umuTY ESMT. \ REPLATOFLOTZR, VO 1048, AT 591 \ BLOCK 15 PER PUT SOUTHWOOD PLAZA I EGEW \ PHASE ONE EASEMENT LINE \ DOC #0741445 EXISTING PROPERTY LINES \ DJLB.C.T. / j — -- EXISTING EASEMENTS 1/2' IRON ROD WITH - DOUCET \\ FOUND OO 2 "IRON PIPE FOUND \ (UNLESS NOTED) \ O CALCULATED POINT A WAG NAIL WITH 'DOUCET' \ WASHER FOUND \/ P.O.B. POINT OF BEGINNING / J P.O.C. POINT OF COMMENCEMENT VOL VOLUME PG PAGE / ^ R.O.W. RIGHT —OF —WAY LOTS D.R.B.C.T. DEED RECORDS, BRAZOS COUNTY. TEXAS IkA �i LZ VARIABLE mu-j.'ji 101140 ' I U CQ T Xff EASEMENT ` 0.1217 ACRE C UTILITY ESMT - _ /y �. 5,301 SOUA.RE FEET � PER FLAT 591 ry O S � LOT4A FN or- OmN part 3 0.1217 ACRE PORTION OF A VARIABLE WIDTH U11LITY EASEMENT TO BE VACATED CITY OF CO STATION, BRAZOS COUNTY, DCAS P.O.B. 4 ` 0 UTILITY Emir. - VOL PER FLAT 591 �/ S E 6'` ° Q P.Q.C. LOT 4K REFLAT OF / g LOT 4B, BLOCK 15, PHASE 11 f / SOUTHWOOD PLAZA SUBDIVISION / VOL. 2153, PG. 93 DRB.CT. \001 402\ survey \DA _ drowings \ODt -402 rocwe- vorio>Ne UE,4>ort a.dwg Doti, 9/19/2006 C A Doucet Scale: 1' -100' Drown by. JL & Associates, Inc. Reviewer: JSW 7401 B Hwy. 71 West, Sulm 160 Project: ODt -402 AmK TX 76735, Phone: (5 12) 583 -2600 Fax (5 12) 583 -2601 Sheet: 1 of 1 Field Book: 229 AURKTIM- NOWrrWrPO "ANACHUSEM -PAXFd ECALMORMA Party Chief.. JM www.doucetandmociates.com Survey Doti. 11/29/07 \001 402\ survey \DA _ drowings \ODt -402 rocwe- vorio>Ne UE,4>ort a.dwg