HomeMy WebLinkAbout2025-4581 - Ordinance - 03/13/2025ORDINANCE NO. 2025-4581
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING
AND ABANDONING AN 872 SQUARE FOOT SIDEWALK EASEMENT, SAID
EASEMENT LYING ALONG LOT 4, BLOCK 9, OF THE W. C. BOYETT ESTATE
PARTITION, ACCORDING TO THE INSTRUMENT RECORDED IN VOLUME 4031,
PAGE 341 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 generally 5-foot-wide Sidewalk Easement, said Sidewalk Easement lying along
Lot 4, Block 9, of the W. C. Boyett Estate Partition, according to the instrument recorded in
Volume 4031, Page 341, of the Official Records of Brazos County, Texas, as described in Exhibit
"A", attached hereto (such portion hereinafter referred to as the "Sidewalk Easement"); and
WHEREAS, in order for the Sidewalk 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 Sidewalk Easement
described in Exhibit "A" attached hereto and made a part of this ordinance for all
purposes.
1. Abandonment of the Sidewalk 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 Sidewalk Easement.
3. There is no anticipated future public need or use for the Sidewalk Easement.
4. Abandonment of the Sidewalk Easement will not impact access for all
public utilities to serve current and future customers.
PART 2: That the Sidewalk Easement 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 Form 8-14-17
2025-4581
ORDINANCE NO.
Page 2 of 5
PASSED, ADOPTED and APPROVED this 13th day of March
ATTEST:
City Secretary
APPROVED: ''
Paha PwY ,t1L,
City Attorney
APPR%oVEIi:`�^
Mayor
, 2025.
Ordinance Form 8-14-17
2025-4581
ORDINANCE NO.
Page 3 of 5
Joe Orr, Inc.
SNr rs & Engineers
2167 Post Oak Circle
College Station, Texas 77845
(979) 690-3378
0734527
5' Permanent Easement
Lot 4 Block 9
W,C. Doyen Estate Partition
College Station, Texas
22 August 2000
6.11 that certain hnct or parcel of land Tying and being situated in the J.E. Scott League,
Abstract No. 50, in College Station, Brazos County, Texas, being a pan of Lot 4 in Block
9 of the W.C. Boyett Estate Partition according to plat or record in Volume 100, Page
440 of the Deed Records of Brazos County, Texas, also being a put of that tract
conveyed to Norma Sue Boyett Hendler by deed recorded in Volume 391, Page 226 of
the Official Records of Brazos County, Texas, and being more particularly described as
follows
Beginning at the intersection oldie southeast line of Church Street and the southwest line
of Boyett Street which is the most northerly corner of the said Lot 4_
Thence S 43° 50' 39" E —17.05 feet along the southwest Tine of Boyer Street to the most
easterly corner of this tract,
Thence S 4l° 45' 21" W — 119.75 feet through the said Lot 4, parallel to and seventeen
feet (17') from the southeast lute of Church Street, at 26.5' pass the most northerly comer
of an existing two-story apartment building 0.5' left, le an angle point from which the
northwest line of said apartment building is 0.3' Id;
Thence 5 86° 45' 21" W — 24.04 feet continuing through the said Lot 4 to the southeast
line of Church Street;
Thence N 41° 45' 21" E — 7.07 feet along the southeast line ofChurch Street;
Thence N 86° 45' 21" E —16.97 feet through the said Lot 4 to an angle point;
Thence N 41° 45' 21" E — 103.98 feet continuing through the said Lot 4, parallel to and
twelve feet (12') from the southeast line of Church Street to an angle point;
Thence N 48° 14' 39" W--12.00 feet continuing through the said Lot 4 to the southeast
line of Church Street;
Thence N 41 ° 45' 21" E —15.00 along the southeast line of Church Street to th
Beginning and containing 872 are feet of land more or less.
EXHIBIT A
0
4
0
3
1
0
0
3
4
3
Ordinance Form 8-14-17
ORDINANCE NO. 2025-4581
Page 4 of 5
Joe Orr, Inc.
survivors dr Engineers
2167 Post Oak Circle
College Station. TX 77845
(979) 690-3378
I
Church Street
40' Right —of —Way
N 4143'21'E
7,07'
„�.
Dixie Chicken, Ina,
Lots 1. 2 & 3
Vol, 1059, Pg. 465
Lot 3
Bloc + 9
W.C, 8oyett Estate Partition
Vol. 100, Pg. 440
0734527
f'>• 30'
August 2000
0 30
Bearings are DI State Plane
(NW—e3), based on City at CS
CGPS control monuments.
Proposed 3' Easement
872 square feet
N le I4'3E
__1.21.4e' f E — toles. 12.00'
N 11•14'21'C
15,00•
Isft to 70.5'
Fourdh,O .pll 9,5' 1�11 la
p14q. center
Lot 2
EXHIBITA
Lot 4 Norma Sue
t.a_storr Beyett Mitchell
ArsarleAtit &ALCnq lot 4
Vol, 391. Pg. 228
Lot 5
Proposed Permanent
Lot 4, Block
V.C. Boyett Estate
College Station,
Easement
9
Partition
Texas
60 Fast
JL
Ordinance Form 8-14-17
2025-4581
ORDINANCE NO.
Page 5 of 5
Exhibit B
That all of the following conditions must be satisfied before the abandonment becomes effective:
1. Removal of the existing sidewalk and approved construction of a new sidewalk along the
Church Avenue frontage of Lot 4, Block 9 of the W.C. Boyett Estate Partition that meets
the criteria outlined in Article 5, Section 5.8.B or as amended, of the City of College
Station's Unified Development Ordinance; and
2. Dedication of a Public Access Easement over the public portion of the newly constructed
sidewalk located on the Church Avenue frontage of Lot 4, Block 9 of the W.C. Boyett
Estate Partition.
SIDEWALK TO BE
CONSTRUCTED AND PUBLIC
ACCESS EASEMENT TO BE
DEDICATED
EXISTING SIDEWALK TO BE
DEMOLISH ED AND REMOVED
Ordinance Form 8-14-17