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Home My WebLink About2008-3149 - Ordinance - 12/11/2008ORDINANCE NO. 3149 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, on November 5, 2008, the City Council of the City of College Station adopted Ordinance No. 3129 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. ORDINANCE NO. 3149 Page 2 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. 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 11th day of December , 2008. APPROVED: Mayor A TEST: - 4" City Secretary ORDINANCE NO. 3149 Page 3 APPROVED: z;z/ City Attorney Ordinance No. 3149 Legal Description Brazos County, Texas EXHIBIT "A" IN No. 08-0012eR D&A Job No. 001 -402 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 EASEAMU 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 °08'34W, a distance of 50.00 feet; THENCE, departing the southwest canner of said Lot 4F, and the interior ell corner 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 °50'27 "E, a distance of 25.03 feet to a calculated point for the northwest comer 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 °50'27 "E, 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- 4021smey\legals\08 -0012e Revised.doc Ordinance No. 3149 A 3 4. with the west line of said Drainage and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, S03 °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 °15'51 ", whose chord bears, S68 0 16'31 "W, a distance of 27.38 feet to a calculated point for the southerly most comer hereof 6. N25 °50'2T'W, 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 southwestem comer 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 °10'54 "E, 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 °50'27 "W, a distance of 256.90 feet to the POINT OF BEGEVNING 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 rg9 Doucet & Associates Inc. 1 ....M..M... 7401 B Hwy. 71 West, Suite 160 JASON WARD .N..N.NNNNNN.NN.NNN Austin, Texas 78735 S 5811 ,,P Page 2 of 2 PA001402\smvey\legals \08 -0012e Reviseldoc Ordinance No. 3149 S k 3r�3 1,0140 1 -1 _ _ CRA WFDRD f BA RN I ` L.A U G 4, � .,. � N23'08'34 "W! / LOT 4G !� IN ^- S�sSi` „W 5�0.00� SOUTHR'OOD CON C. ` � 5 g - 5 �• VALLEY, INC 2S• O 2 7 �� 1 CONC. FOUND l 4A � 1203. c �i 3 � 1 •. NAIL LOT4A� SOiTIFIWDOD P.O.C• `FOUND � N41'1 T46 "E VALLEY, INC N6 "E 0.35, f 20.02' ! °xaw+ct; AND � •,. ` ` ,. J P.O.B. VDL. 2A ft 3 a DETAIL A" NOT TO SCALE LOT4A PORTION OF DR WAGE DRAIN AND AND UTHZff EASEMENT /• V01- UTILITY ` 1 43 TO BE VACATED i RUVISEbPLAT 20.00 ! 0.2874 ACRE LOT 4 BLOCX 1 / 12,521 SQUARE FF ,ET S C 0 60 120 VOL.1203, Pa 143. DILB.CT. 30 90 GRAPHIC SCALE: 1" = 60' BEARING BAWL: Cli. ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE 'COORDINATE SYSTEM, GRID ! /�' / �r`',pt�"�`� NORTH. CENTRAL ZONE (4203). NAD83 2 LOT / ,�,, // , Q e¢ ` e (COBS), ALL DISTANCES WERE ADJUSTED / sOUT13WOOD / .,' t y TO SURFACE USING A COMBINED SCALE ! VALLEY, INC � FACTOR OF 1.000107026389. ! //' — — -- N55'10'54 "E�J7.33' ,� ! / // N29I0'25 "W LOT3 ,BLOCK 15 47.74' �" N 7'E4'48 "E/ / Laz�uz�ARP AND vm,n EWT. X52.76' �/ COMECnOWPLATOF VOL 1203, P6. 143 553`49'29 "W 94,,62 ✓ " / / / SOUTHWOOD PLAM PRASE ONE — — VOL 1046, PG. 591 — — — — — — N25 *50'27"W D.R.B.0 T. 4A •• 4Q 79 / / LEMID SOUTHWOOD -�� ,, r "�• VALLEY, INC 1 LOT 4D -=;— / SOUMWOOD LINE Sn t INC y DUsl1NG EASEMENTS OF 1 A =27.40' / 4 / / • 1 /r IRON ROD FOUND T F R= 190.00 / .h / (UNLESS N07ED) A-8 / �.� �b� �/ O 2 IRON N Pf FFOUND JASON WARD ' CB�S68'16 31 W / � / / j CA AI lmT 'DoucEr C =27.38 5811 t / / W ASHER FOUND VOL. VOLUME � R.O. RIGHT–OF–WAY .� U R D.R.B.0 t DEED RECt?Ra3, FN g06- 0a12sR P: \�- 402 \survey\DA – drawings\ 001 - 402 vacate -20 UE–partl- revfsed.dwg 9RAZOS t WNTY, TEXAS Dots: 9/10/2006 02874 ACRE PORTION OF DAD tee: 1•.60' DRAINAGE AND UTILITY craw" 6y. M fnc. Revue > EASEM ENT TO BE VACATED 740 &Associates, 1 B H" Hwy .7 YY i esG sofas 16o Pralatt: 001 -402 CITY OF COUBM STATKK Austh TX 78735, Phone: (S12) 583 -2600 I= (512) 583 -2601 Sheet of 1 field Sook 229 MAWS COUNTY, TOM Au6: e4 TOM - NOIJKQRaMMSUCtM1AEM- ROdtYitE,CALIFO1tNA Party Chief: JM www n Survey Dote; 11/29/07 m