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HomeMy WebLinkAbout2009-3169 - Ordinance - 02/26/2009ORDINANCE NO. 3169 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A ", attached hereto and made a part of this ordinance for all purposes. PART 2: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty -five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 26` day of February, 2009. APPROVED: MAYOR ATTEST: CitAecretary APPROVED: City Attorn ORDINANCE NO. 3169 Page 2 EXHIBIT "A" That Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: I. The following property is rezoned from R -1, Single - Family Residential to A -P, Administrative Professional: 1.63 Acre Tract Morgan Rector League, A -46 College Station, Brazos County METES AND BOUND DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE MORGAN RECTOR LEAGUE, ABSTRACT NO. 46, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A CALLED 4.00 ACRE TRACT DESCRIBED AS TRACT 1 BY A DEED TO HERBERT COLE AND WIFE, GOLDA COLE, RECORDED IN VOLUME 299, PAGE 129 OF THE DEED RECORDS OF BRAZOS COUNTY TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT "B" AND GRAPHICALLY SHOWN IN EXHIBIT "E ". ORDINANCE NO. 3169 Page 3 II. The following property is rezoned from A -O, Agricultural Open to A -P, Administrative Professional: 0.57 Acre Tract Morgan Rector League, A -46 College Station, Brazos County METES AND BOUND DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE MORGAN RECTOR LEAGUE, ABSTRACT NO. 46, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A CALLED 4.00 ACRE TRACT DESCRIBED AS TRACT 1 BY A DEED TO HERBERT COLE AND WIFE, GOLDA COLE, RECORDED IN VOLUME 299, PAGE 129 OF THE DEED RECORDS OF BRAZOS COUNTY TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT "C" AND GRAPHICALLY SHOWN IN EXHIBIT "E ". ORDINANCE NO. 31 (jq Page 4 III. The following property is rezoned from R -1, Single - Family Residential to A -O, Agricultural Open: 2.26 Acre Tract Morgan Rector League, A -46 College Station, Brazos County METES AND BOUND DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE MORGAN RECTOR LEAGUE, ABSTRACT NO. 46, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A CALLED 4.00 ACRE TRACT DESCRIBED AS TRACT 1 AND ALL OF A CALLED 1.05 ACRE TRACT DESCRIBED AS TRACT 2 BY A DEED TO HERBERT COLE AND WIFE, GOLDA COLE, RECORDED IN VOLUME 299, PAGE 129 OF THE DEED RECORDS OF BRAZOS COUNTY TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT "D" AND GRAPHICALLY SHOWN IN EXHIBIT "E ". ORDINANCE NO. 3169 Page 5 EXHIBIT "B" METES AND BOUNDS DESCRIPTION OF A 1.63 ACRE TRACT MORGAN RECTOR LEAGUE, A46 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE MORGAN RECTOR LEAGUE, ABSTRACT NO. 46, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A CALLED 4.00 ACRE TRACT DESCRIBED AS TRACT I BY A DEED TO HERBERT COLE AND WIFE, GOLDA COLE, RECORDED IN VOLUME 299, PAGE 129 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT AN "X" FOUND IN CONCRETE ON THE EAST LINE OF STATE HIGHWAY NO.6 (EARL RUDDER FREEWAY — VARIABLE WIDTH R.O.W.) MARKING THE NORTHWEST CORNER OF SAID 4.00 ACRE TRACT AND THE SOUTHWEST CORNER OF A REPLAT OF LOT 1, BLOCK 1, NORTH FOREST SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 8214, PAGE 235 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 83 ° 08'3 1 " E ALONG THE COMMON LINE OF SAID 4.00 ACRE TRACT AND SAID REPLAT OF NORTH FOREST SUBDIVISION FOR A DISTANCE OF 500.19 FEET TO A POINT MARKING THE NORTHEAST CORNER OF THIS HEREIN DESCRIBED TRACT, FOR REFERENCE A '/z I NCH IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID 4.00 ACRE TRACT BEARS: N 83° 08'3 I" E FOR A DISTANCE OF 142.97 FEET; THENCE: THROUGH SAID 4.00 ACRE TRACT FOR THE FOLLOWING CALLS: S 05 17 29" E FOR A DISTANCE OF 170.95 FEET TO A POINT; S 83 08'3 1 " W FOR A DISTANCE OF 405.38 FEET TO A POINT; N 06 51' 09" W FOR A DISTANCE OF 155.88 FEET TO A POINT; S 83° 08'3 1 " W FOR A DISTANCE OF 90.56 FEET TO A POINT ON THE EAST LINE OF STATE HIGH WAY NO.6, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE EAST LINE OF STATE HIGHWAY NO.6 BEARS: S 05° 17' 29" E FOR A DISTANCE OF 464.99 FEET; THENCE: N 05 W ALONG THE EAST LINE OF STATE HIGHWAY NO.6 FOR A DISTANCE OF 15.01 FEET TO THE POINT OF BEGINNING CONTAINING 1.63 ACRES OF LAND, MORE OF LESS, AS SURVEYED ON THE GROUND. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORK/MAB /08- 816A.MAB ORDINANCE NO. 3169 Page 6 EXHIBIT "C" METES AND BOUNDS DESCRIPTION OF A 0.57 ACRE TRACT MORGAN RECTOR LEAGUE, A46 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE MORGAN RECTOR LEAGUE, ABSTRACT NO. 46, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A CALLED 4.00 ACRE TRACT DESCRIBED AS TRACT I BY A DEED TO HERBERT COLE AND WIFE, GOLDA COLE, RECORDED IN VOLUME 299, PAGE 129 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT AN "X" FOUND IN CONCRETE ON THE EAST LINE OF STATE HIGHWAY NO.6 (EARL RUDDER FREEWAY — VARIABLE WIDTH R.O.W.) MARKING THE NORTHWEST CORNER OF SAID 4.00 ACRE TRACT AND THE SOUTHWEST CORNER OF A REPLAT OF LOT 1, BLOCK 1, NORTH FOREST SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 8214, PAGE 235 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 83'08'3 1 " E ALONG THE COMMON LINE OF SAID 4.00 ACRE TRACT AND SAID REPLAT OF NORTH FOREST SUBDIVISION FOR A DISTANCE OF 500.19 FEET TO A POINT MARKING THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: N 83° 08' 31" E CONTINUING ALONG THE COMMON LINE OF SAID 4.00 ACRE TRACT AND SAID REPLAT OF NORTH FOREST SUBDIVISION FOR A DISTANCE OF 142.97 FEET TO A'' /2 INCH IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID 4.00 ACRE TRACT; THENCE: S 06° 44'27" E ALONG THE COMMON LINE OF SAID 4.00 ACRE TRACT AND A CALLED 2.434 ACRE TRACT DEPICTED AS GREENWAYS DEDICATION NORTH FOREST SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 6005, PAGE 130 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR A DISTANCE OF 170.89 FEET TO A POINT MARKING THE SOUTHEAST CORNER OF THIS HEREIN DESCRIBED TRACT, FOR REFERENCE A 3/8 INCH IRON ROD FOUND ON THE EAST LINE OF SAID 4.00 ACRE TRACT BEARS: S 06'44'27" E FOR A DISTANCE OF 412.46 FEET; THENCE: S 83° 08'3 1" W THROUGH SAID 4.00 ACRE TRACT FOR A DISTANCE OF 147.29 FEET TO A POINT MARKING THE SOUTHWEST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: N 05 W CONTINUING THROUGH SAID 4.00 ACRE TRACT FOR A DISTANCE OF 170.95 FEET TO THE POINT OF BEGINNING CONTAINING 0.57 OF AN ACRE OF LAND, MORE OF LESS, AS SURVEYED ON THE GROUND. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. - BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORK/MAB /08- 816B.MAB ORDINANCE NO. 3169 Page 7 EXHIBIT "D" METES AND BOUNDS DESCRIPTION OF A 2.26 ACRE TRACT MORGAN RECTOR LEAGUE, A -46 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACTOR PARCEL OF LAND LYING AND BEING SITUATED IN THE MORGAN RECTOR LEAGUE, ABSTRACT NO. 46, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A CALLED 4.00 ACRE TRACT DESCRIBED AS TRACT I AND ALL OF A CALLED 1.05 ACRE TRACT DESCRIBED AS TRACT 2 BY A DEED TO HERBERT COLE AND WIFE, GOLDA COLE, RECORDED IN VOLUME 299, PAGE 129 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT AN "X" FOUND IN CONCRETE ON THE EAST LINE OF STATE HIGHWAY NO.6 (EARL RUDDER FREEWAY - VARIABLE WIDTH R.O.W.) MARKING THE NORTHWEST CORNER OF SAID 4.00 ACRE TRACT AND THE SOUTHWEST CORNER OF A REPLAT OF LOT 1, BLOCK 1, NORTH FOREST SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 8214, PAGE 235 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A Yx INCH IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID 4.00 ACRE TRACT BEARS: N 83'08'3 1 " E FOR A DISTANCE OF 643.15 FEET; THENCE: S 05° 17'29" E ALONG THE EAST LINE OF STATE HIGHWAY NO.6 FOR A DISTANCE OF 15.01 FEET TO A POINT MARKING THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: THROUGH SAID 4.00 ACRE TRACT FOR THE FOLLOWING CALLS: N 83 08' 31" E FOR A DISTANCE OF 90.56 FEET TO A POINT; S 06 51' 09" E FOR A DISTANCE OF 155.88 FEET TO A POINT; N 83° 08'31 " E FOR A DISTANCE OF 405.38 FEET TO A POINT; S 05 17'29" E FOR A DISTANCE OF 120.10 FEET TO A POINT IN THE CENTERLINE OF AN EXISTING CREEK, SAID CENTERLINE BEING CALLED THE COMMON LINE OF SAID 4.00 ACRE TRACT AND A CALLED 7.0 ACRE TRACT AS DESCRIBED BY A DEED TO THE CITY OF COLLEGE STATION RECORDED IN VOLUME 4592, PAGE 215 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: ALONG THE CENTERLINE OF SAID CREEK, SAME BEING THE COMMON LINE OF SAID 4.00 ACRE TRACT, SAID 1.05 ACRE TRACT AND SAID 7.0 ACRE CITY TRACT, FOR THE FOLLOWING CALLS: N 74'08'53" W FOR A DISTANCE OF 43.03 FEET TO A POINT; N 80° 31' 09" W FOR A DISTANCE OF 75.33 FEET TO A POINT; S 89 47'02" W FOR A DISTANCE OF 98.15 FEET TO A POINT; S 76 44' 11" W FOR A DISTANCE OF 45.66 FEET TO A POINT; S 81 ° 19'38" W FOR A DISTANCE OF 31.39 FEET TO A POINT; ORDINANCE NO. 3169 S 49 06'26" W FOR A DISTANCE OF 14.94 FEET TO A POINT; S 23° L5'41 " W FOR A DISTANCE OF 27.36 FEET TO A POINT; S 03 39'16" W FOR A DISTANCE OF 47.66 FEET TO A POINT; S 15 24'43" E FOR A DISTANCE OF 70.77 FEET TO A POINT; S 35° 37 29" E FOR A DISTANCE OF 42.60 FEET TO A POINT; S 48 57 11" W FOR A DISTANCE OF 23.44 FEET TO A POINT; S 56 34'09" W FOR A DISTANCE OF 58.17 FEET TO A POINT; S 78 02'48" W FOR A DISTANCE OF 49.27 FEET TO A POINT; S 82 12'14" W FOR A DISTANCE OF 48.69 FEET TO A POINT; THENCE: S 81* 26'48" W LEAVING SAID CENTERLINE OF CREEK AND ALONG THE COMMON LINE OF SAID 1.05 ACRE TRACT AND SAID 7.0 ACRE TRACT FOR A DISTANCE OF 46.20 FEET TO A 5/8 INCH IRON ROD FOUND ON THE EAST LINE OF STATE HIGHWAY NO.6 MARKING THE SOUTHWEST CORNER OF SAID 1.05 ACRE TRACT; THENCE: N 05'17'29" W ALONG THE EAST LINE OF STATE HIGHWAY NO.6 FOR A DISTANCE OF 464.99 FEET TO THE POINT OF BEGINNING CONTAINING 2.26 ACRES OF LAND, MORE OF LESS, AS SURVEYED ON THE GROUND. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORK/MAB/08- 816C.MAB Page 8 ORDINANCE NO. 3169 EXHIBIT "E" c W z 93 C Earl Rudder Freeway 3 r � W c* 0 CL L 0 1 7 0: 10L O W) .c z Le 0 +A C 16 E us lu *1 W NO Rudder Freeway ML Page 9 Z — -.;;.i L CY) 0 W 0 0 - 0 ct C3 W r ° m r4