HomeMy WebLinkAbout2009-3214 - Ordinance - 11/09/2009ORDINANCE NO. 3214
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING
AND ABANDONING A 1,265 SQUARE FOOT, 20 -FOOT WIDE PUBLIC UTILITY
EASEMENT, WHICH IS LOCATED ON LOT 3C OF BLOCK 1 OF THE GATEWAY
PHASE 3 SUBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUME
9112, PAGE 138 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 1,265 square foot, 20 -foot wide public utility easement, which is located on
Lot 3C of Block 1 of the Gateway Phase 3 Subdivision according to the plat recorded in Volume
9112, Page 138, of the Official Records of Brazos County, Texas, as described in Exhibit "1"
attached hereto (such portion hereinafter referred to as the `Basement "); 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 "1 " 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 "1" be abandoned and vacated by the
City.
ORDINANCE NO. 3214
PASSED, ADOPTED and APPROVED this 9th day of November
APPROVED:
Mayor
ATTEST:
C vn,,�,Y���
City Secretary
APPROVED:
Page 2
, 2009.
mmw
City Attorney
Ordinance No. 3214
Easement Abandonment
within
Lot 3C, Block 1
The Gateway, Phase 3
Richard Carter Survey, A -8
College Station, Brazos County, Texas
Field notes of a 20' wide strip or parcel of land, lying and being situated in the
Richard Carter Survey, Abstract No. 8, College Station, Brazos County, Texas, and
being part of Lot 3C, Block 1, 2.00 acres, according to the final plat of The Gateway
Subdivision Lots 3A, 3B, 3C and 3D, Block 1, Phase 3, being a Replat of The
Gateway Subdivision, Lot 1, Block 1, Phase 3, 6.21 acres recorded in Volume 9112,
Page 138, of the Official Records of Brazos County, Texas, and said 20' strip being
more particularly described as follows:
COMMENCING at an "x" found in a concrete sidewalk located in the
northwest line of the beforementioned Lot 3C, Block 1, the said "x" also being at the
north corner of a 20' wide public utility easement as described in Volume 6372,
Page 138, of the Official Records of Brazos County, Texas, an "x" found in concrete
marking the north corner of the said Lot 3C, bears N 41 55'26" E - 66.36 feet;
THENCE S 42 00' 27" W along the common line between the
beforementioned Lot 3C, Block 1 and Lot 1, Block 1, The Gateway Phase 2,
according to the plat recorded in Volume 5809, Page 7, of the Official Records of
Brazos County, Texas, for a distance of 20.00 feet to the PLACE OF BEGINNING
of this description, in the southwest line of the beforementioned 20' wide public
utility easement;
THENCE S 48 04'07" E along the southwest line of the beforementioned
20' public utility easement for a distance of 20.00 feet to a 60d nail set in the
southeast line of a 20' wide public utility easement as created on the Replat and
Final Plat of Block 1, Phases 1 and 3, Gateway Subdivision, according to the plat
recorded in Volume 6372, Page 138, of the Official Records of Brazos County,
Texas;
THENCE S 42 00'27" W along the southeast line of the beforementioned
20' wide public utility easement (6372/138) for a distance of 70.91 feet and comer
in the west line of the beforementioned Lot 3C, Block 1;
THENCE N 10 30'15" W along the west line of the beforementioned Lot 3C,
Block 1, for a distance of 25.21 feet and corner at the west corner of the
beforementioned Lot 3C, Block 1;
THENCE N 42 00' 27" E along the common line between the
beforementioned Lot 3C, Block 1, and Lot 1, Block 1, The Gateway, Phase 2, for
a distance of 55.54 feet to the PLACE OF BEGINNING, containing 1265 square
feet of land, more or less.
Surveyed Auc�st,2009
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KLING ENGINEERING AND SURVEYING
BRYAN, TEXAS EXHIBIT NO. 1