HomeMy WebLinkAbout2025-4580 - Ordinance - 02/27/2025ORDINANCE NO. 2025-4580
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING
AND ABANDONING A 0.124 ACRE TRACT, BEING ALL OF GILBERT STREET (A
VARIABLE WIDTH PRESCRIPTIVE RIGHT-OF-WAY FORMERLY KNOWN AS
OTTO STREET) LOCATED IN THE RICHARD CARTER LEAGUE SURVEY,
ABSTRACT 8, COLLEGE STATION, BRAZOS COUNTY, TEXAS, AND BEING THE
TRACT FURTHER DESCRIBED AS A PORTION OF LOTS 11 & 12 OF D.A. SMITH'S
SUBDIVISION SHOWN ON THE PLAT FILED IN VOLUME 49, PAGE 105-106 OF THE
DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND CONVEYED TO JOE PASLER
IN A SHERIFF'S DEED RECORDED IN VOLUME 81, PAGE 587 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 0.124 acre tract, being all of Gilbert Street (A variable width right-of-way
formerly known as Otto Street) located in the Richard Carter League Survey, Abstract 8, College
Station, Brazos County, Texas, and being the tract further described as a portion of Lots 11 & 12
of D.A. Smith's Subdivision shown on the plat filed in Volume 49, Page 105-106 of the Deed of
Records of Brazos County, Texas, and conveyed to Joe Pasler in a Sheriff's Deed recorded in
Volume 81, Page 587 of the Deed Rocords of Brazos County, Texas, as described in Exhibit "A",
attached hereto (such portion hereinafter referred to as the "Right -of -Way"); and
WHEREAS, in order for the Right -of -Way 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 Right -of -Way described
in Exhibit "A" attached hereto and made a part of this ordinance for all purposes.
1. Abandonment of the Right -of -Way 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 Right -of -Way.
3. There is no anticipated future public need or use for the Right -of -Way.
4. Abandonment of the Right -of -Way will not impact access for all public
utilities to serve current and future customers.
PART 2: That the Right -of -Way as described in Exhibit "A" be abandoned and vacated by
the City after satisfying all of the conditions described in Exhibit "B" attached
hereto and made a part of this ordinance for all purposes.
ORDINANCE NO. 2025-4580
Page 2 of 6
PASSED, ADOPTED and APPROVED this 27th day of February, 2025.
ATTEST:
412,d4_
City Secretary
APPROVED:
VaL P tArtALLL
City Attorney
APP VEe LA, „
Ma or
ORDINANCE NO. 2025-4580
Page 3 of 6
EXHIBIT 'A'
FIELD NOTES DESCRIPTION
OF A
0.124 ACRE TRACT
RICHARO CARTER LEAGUE SURVEY, ABSTRACT NO. II
COLLEGE STATION, BRAZOS COUNTY, TEXAS
GILBERT STREET
A FIELD NOTES DESCRIPTION OF 0.124 ACRES IN THE RICHARD CARTER LEAGUE SURVEY, ABSTRACT NO. 8, IN COLLEGE STATION,
BRAZO5 COUNTY, TEXAS, BEING ALL OF GILBERT STREET (A VARIABLE WIDTH PRESCRIPTIVE RIGHT-OF-WAY FORMERLY KNOWN
A5 OTTO STREET) AND BEING FURTHER OESCRIBEO AS A PORTION OF LOT11 AND A PORTION OF LOT 12, D.A. SMITH'S SUBDIVISION
SHOWN ON THE PLAT FILED IN VOLUME 49, PAGE 105-1O5 OF THE DEED RECORDS OF BRA205 COUNTY, TEXAS DRBCT) CONVEYED
TO JOE PARER IN A SHERIFF'S OEED RECORDED IN VOLUME 81, PAGE 587 IDRBCT]; SAID 0.124ACRES BEING MORE PARTICULARLY
DESCRIBED BY men AND BOUNDS A5 FOLLOWS:
BEGINNING at a 1/2 inch iron rod with blue plastic cap stamped'KERR SURVEYING' found in the southwest line of Paster Street
(a public road shown on the plat of toe Pasler's partial subdivision of Lots Ten and Eleven of O. A. Smith's subdivision of 96 Acre
Trait filed in Volume 91, Page 583, ORBCT, having an undefined width [actual right-of-way width varies]), at the north corner of
a tract of land described as Lot 38, Paster Addition (unrecorded) in a deed to Ali Jaffar recorded in Volume 19201, Page 71 of the
Official Public Records of Brazos County, Texas (OPROCT) being further described as a 41' x 104' tract of rand (Second Traci) in a
deed to Lula Mae Thomas, et al, recorded in Volume 345, Page 27 (0 RBCT), and the northeast corner hereof, from which a 1/2
inch iron rod found at the occupied and manumented east corner of said laffar tract bears 5 48' 30' 54' E, a distance of 41.00
feet;
THENCE, with the northwest line of said laffar tract, through said Lot 11 and Lot 12, 0.A. Smith's Subdivision, 541° 25' 17" W, for
a distance of 104.00 feet to a 1/2 inch iron rod with blue plastic cap stamped'KERR SURVEYING' found at the west corner of said
laffar tract;
THEN€E, with the southwest line of said Jaffar tract, S 48° 37' 19" E, for a distance of 11.80 feet to a 1/2 inch iron rod with blue
plastic cap stamped 'KERR SURVEYING' set for corner, from which a 5/8 inch iron rod found at the occupied and monumented
south corner of said laffar tract hears 5 48° 37' 19" E, a distance of 29.20 feet;
THENCE, leaving said laffar tract and continuing across said Lot 12 of O.A. Smith's Subdivision, 541° 22' 48" W, at a distance of
10.53 feet passing a 1/2 inch iron rod with hlue plastic cap stamped 'KERR SURVEYING' found at the north corner of a tract of
land described as Lot 27 of said unrecorded Pasler Addition in a deed to Salmi Investments, Lit recorded in Volume 18475, Page
202 (OPRBCT), the same being further described as a 37.8' x 115' tract of land {First Tract] in said deed to Lula Mae Thomas, et al
(345/27, BRBCT), and continuing with the northwest line of said Lot 27 for a total distance of 1113.58 feet to a point for the south
corner hereof, from which all? inch iron rod with orange plastic rap stamped `H.P. MAYO RPLS 5045'tound in the northeast line
of Turner Street (a public road shown on the plat of CollegeView [Subdivision)filed in Volume 126, Page133, ORBCT, and renamed
as College Vista [subdivision] in Volume 135, Page 321, DRBCT, having a variable width right -of -wag), same being the southwest
1)Page
24-877 0.124 Ac.docx
t
ORDINANCE NO. 2025-4580 Page 4 of 6
EXHIBIT'A'
line of said Lot 12 of O.A. Smith's Subdivision, for the west corner of said Lot 27 bears 5 41° 22' 48" W, a distance of 6.96 feet
and from said iron rod found a 1/2 inch iron rod with blue plastic cap stamped'KERR SURVEYING' found al the south comer of
said Lot 12, same being the east corner of said College Vista subdivision, bears 5 48° 12' 57" E, a distance of 295.52 Feet;
THENCE, crossing said Gilbert Street, N 48° 51' 56" W, for a distance of 29.87 feet to a point in the southeast line of a called 0.18
acre tract of land described in a deed to Bartin, LLC recorded in Volume 19519, Page 212 (OPRBCT), the same being further
described in a deed from Joe Paster to Otto 5eeman recorded in Volume1D2, Page 538 (ORBCT), for the west corner hereof, from
which a magnail set in asphalt at the south corner of said Barth tract bears 5 41° 18' 26" W, a distance of 6.62 feet;
THENCE, through said Lot 12 of B.A. Smith's Subdivision, with the southeast line of said 0,18 acre tract, N 41° 1P 26" E, passing
the east corner of said 0.18 acre tract and the south corner of a called 0.13 acre tract of land described in a deed to Bailin, LLC
retarded in Volume 19463, Page 233 (OPRBCT), and continuing with the southeast line of said 0.13 acre tract tor a total distance
of 111,37 feet to a 1/2 inch iron rod found at the east corner of said 0.13 acre tract and the south corner of a called 03379 acre
tract of land described in a deed to Brenda 0. Hawkins, et al, recorded in Volume 15568, Page 175 (OPRBCT);
THENCE, continuing through said Lot 12 and through said Lot 11 of O.A. Smith's Subdivision, with the southeast line of said
Hawkins tract, H 41° 39' 59" E, for a distance of 111.37 feet to a magnail set in asphalt for the north corner hereof, from which
the City of College Station GPS monument C594-122 bears N 02° 49' 52" W, a distance of 1,040.93 feet and a magnail found in
gutter on the southwest side of Paster Street, at the east corner of said Hawkins tract, bears N 41° 39' 59" E, a distance of
17.88 feet;
THENCE, leaving the southeast line of said Hawkins tract and continuing through said Lot 11, D.A. Smith's Subdivision,
5 48°30' 54" E. for a distance of 17.74feet to the POINT OF BEGINNING hereof and containing 0.124 acres, more or less.
Surveyed on the ground August 2024 under my supervision. See plat prepared September 2024 for other information. The
bearing basis for this survey is based on the Texas State Plane Coordinate System of 1983 (NAD83), Central Zone, Grid North as
established from GPS observation using the Leica Smartnet NA083 (NA2011) Epoch 2010 Multi -year CORS Solution 2 (MY[52).
Distances described herein are surface distances. To obtain grid distances (not grid areas) divide by a combined scale factor of
1.0000933393 (calculated using 6E010128). Reference drawing; 24-977-ROW.dwg.
1214124
Michael Kopeisk
Registered Professional Land Surveyor No. 6531
Revised 12/4/2024
24-977 0.124 Ac.docx
MICHAEL KONETSKI
`4 0531 ?
f,9 3LliidF%044:41,V
KERB
SURVEYING
Kerr Surveying, LLC 1409 N. Texas Ave. Bryan, TX 77803
Office: (979) 268-3195 ( Web: www.kerrlandsurveging.com
SurveysRkerrsurveying.net I TBPELS Firm No.1001E1500
Wage
ORDINANCE NO. 2025-4580
Page 5 of 6
M4M1 1( RENO
INGUITER(LW
COLLEZSTA7719N
MLSV04,1ENr(594-122
KARS N 02°4952' W
1, 040..97'
111A911ALT
lOrr] G.A SA117H55U8011:.5701,1
149,7051UL4WR171
IA r la 0.A. 5M11T1551180WIS/ON
(491105.106Dar1j
N1F
MIENOA 0- HAWNINS, ET AL
CALLED 0.3379 ACRES
155601175 OPRBCT
/214011170N
ROBR31.1NO Rl1/
NIF
BARON, LLC
CALLED 0.13 ACRE TRACT
19403I233 !PROD'
NIF
HARM, LLC
CALLED 0.18 ACRE TRACT
19519/212 OPRBCT
LOr12, AA 5601711 S
SU001V151014 (49.1105-106OMKT.'
CRIME 1/1574 sumvisft •
112s ., .
MA616111 SETIN
ASPNALTDE,MRS
5417826"W 667•
N 4199'59' E 11137'
N 4118'26" E 111.37'
EXHIBIT 'A'
PASLER STREET
{WI pTH OF RIGHT-OF-WAY NOT
DEFINED PEA PtAI, 91I583 INSET,
ACTUAL HT•OF •WAY WIDTH VARIES)
L2
S 41°25'17' W 104.60'
0
Eg
MIgtg
r$ a.100
q W
u�
POINTOFDLSINNING
142WMIND 04.1
NIF
AU )AEPAR
19201/710PROCT
LEFF 12R•1
DA 5MITHS
SUROIY151UC
(19521/291 OPIIBCT)
518 AYO1
IRON POO
MUM 016141
6'2A58
POMO Oil
bR A(585,ET
L3
N 48°51'S6' W
29.81 •
5 41°22'49" W 119.59'
PORTION OF LOT 12
DA. SMITH'S
SRRDIVLSIDN
49j105.1060R BET)
NIF
SALAM
INVESTMENTS,IiC
CALLED 'LOT 2T
10475/202 OPA BET
I2GK111R01 ROO
WITH 0f1ANGFPGIS71f
CAPS-TAIARFD 71.P.
MAYARPL55045'
s4r22'48'W 696'
1/2K581-61.1601(411
0EAR55487'5TE
29552'
TURNER STREET
NAMED' WIDTH
RIGHT-OF-WAY, 1261133 DUCT)
LEGEND:
DUCT = DEED RECORDS OF
BRAZOS COUNTY, TEXAS
WRBLT = OFFICIAL RELIR65OF
BRAIDS COUNTY, TEXAS
0 PROCT = OFFICIAL PUBLIC
RECORDS OF BRAIDS C OO NTY.
TEXAS
123/456 'Vat ME Are PAGE
FROM HIM COUNTY RECORDS
NIF =SOW OR FORMERLY
I I = RECORD INFORMATION
1/2 NM . 1/2 INCH IRON ND
WITH ELLIE PLASTIC CAP
STAMPED 'HERR SURVEYING'
GENERAL NOTES
SEALE:1' = 30'
DEARING SYSTEM SHOWN HEREON IS RASED ON THE TEXAS COORDINATE SYSTEM OF 1983,
CENTRAL IBNE (11203). GRID NORTH A5 ESTABLISHED FROM GP5 OBSERVATION USING THE LEILA
SMARTNET NAD63 {NA2D111 EPOCH RDIa MULTI -NEAR [ORS 50 LOTION 2 (MVCS2).
DISTANCES SHOWN HEREON ARE SURFACE DISTANCES UNLESS OTHERWISE NOTED. TO OBTAIN
ORE DISTANCES INCR AREAS) WINO( BY A COMBINED SCALE FACTOR OF 1.ODD0933393
(CALCULATED USING GEOID128).
1CIA1 INDICATES EOHTROLUNG M0NUM171T FOUND AND 115E0 TO ESTABLISH PROPERTY
BOUNDARIES.
THIS SURVEY PLAT WAS PREPARED WITHOUT THE BENEFIT CIF A TITLE Comm DAL ENO. EASEMENTS
AHB OTHER MATTERS MAY APPLY.
THIS PLAT WAS PREPARED IN CONJUNCTION WITH A FIELD NOTES BESC01PTR% (METES AND
BOUNDS). THE PLAT ANO FIELD NOTES ARE INTENDED TO BE ONE INSTRBMENT TOGETHER.
1.1
5 48°37'19" E 11.80'
L2
5 48'30'54" E 17.74'
L3
5 48°3719' E 29.20'
L4
N 41°39'S9' E 17.88'
REVISE D07-r6-2025 I
EXHIBIT
OFA
0.124 ACRE TRACT
BEING A PORTION OF LOT511 AND 12
OF D. A. SMITH'S SUBDIVISION
VOLUME 49, PAGE 105.10G DRBCT
RICHARD CARTER LEAGUE SURVEY, ABSTRACT 8
COLLEGE STATION, BRAZOS COUNTY, TEXAS
'When one person stands
to gain over another, Ole
fads must 6e uncovered'
SEALE:1 INCH = 30 FEET
SURVEY DATE: 08-30-211241 PLAT DATE: D9-04-2024
106 NUMBER: 24.977I CAD HAKE: 24.977• ROW
POINT FILE: PASLER-BRIO (con11:24-931-ALL{jo61
DRAWN BY:WIB CHEERED Hi; MN
PREPARED NU NEAR SFIRVLVING, LLC
TBPELS FIRM N100T85r10
17T9 DRIARLAEST DRIVE, BRYAN, 100517D02
PH0NE:197s) 26E-3195
SDRVEYSEilNERRSLIAVEYLNGNET I NFRAIANDSURVE'NNSDDM
ORDINANCE NO. 2025-4580
Page 6 of 6
Exhibit B
That all of the following conditions must be satisfied before the abandonment becomes effective:
1. Removal of the 6" Sanitary Sewer Line that lies within the prescriptive right-of-way of
Gilbert St.; and
2. Removal of the 6" Water Line that lies within the prescriptive right-of-way of Gilbert St.;
and
3. Removal and Replacement of the Fire Hydrant Assembly, according to City of College
Station Unified Development Ordinance Section 8.3.M.1, or as amended, served by the
6" Water Line that lies within the prescriptive right-of-way of Gilbert St.
6"SANITARY SEWER LINE
TO BE REMOVED
FIRE HYDRANT
TO BE REMOVED
& REPLACED