HomeMy WebLinkAbout2003-2646 - Ordinance - 07/10/2003ORDINANCE NO. 2666
AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND CONDITIONALLY
VACATING AND ABANDONING A PORTION OF A FORTY (40) FOOT WIDE
DRAINAGE EASEMENT, WHICH CROSSES AND LIES WITHIN LOT 17, BLOCK 1,
EMERALD FOREST, PHASE 2 IN THE CITY OF COLLEGE STATION, TEXAS.
WHEREAS, the City of College Station has received an application for the vacation and
abandonment of a portion of a forty (40) foot wide drainage easement, which crosses and lies
within Lot 17, Block 1, Emerald Forest, Phase 2 in the City of College Station, said portion of
the drainage easement being more particularly described on Exhibit "A" attached hereto; and
WHEREAS on July 10, 2003, the City Council of the City of College Station, Texas, heard an
application of Joseph A. and Barbara Ferreri for the vacation and abandonment of the
aforementioned portion of the forty (40) foot wide drainage easement that crosses and lies within
Lot 17, Block 1, Emerald Forest, Phase 2 according to the plat recorded in Volume 453, Page
905, of the Official Records of Brazos County, Texas; and
WHEREAS, in order for any portion of an easement to be vacated and abandoned by the City
Council of the City of College Station, the Council must make certain findings of facts; and
WHEREAS, after hearing the application of Joseph A. and Barbara Ferreri to vacate and abandon
a forty (40) foot wide drainage easement, the City Council of the City of College Station, finds
the following facts:
1. A forty (40) foot wide drainage easement crosses the applicant's property and inhibits its
development.
2. A creek bed is currently located in the drainage easement.
o
A public sanitary sewer main is currently located in the drainage easement.
,
The applicant submitted a re-plat of the property that has been approved by the
City's Planning and Zoning Commission, which provides for a replacement
drainage easement on the property, as depicted on Exhibit "B" attached hereto.
o
The land use in the neighborhood appears to be stable and the use to which this
property is being put is not likely to change within the foreseeable furore and is
similar to the use to that of the neighborhood; and
WHEREAS, the City Council after hearing the application and finding the specific facts as stated
above now concludes and finds that:
The fact that the location of the forty (40) foot wide drainage easement that
crosses the applicant's property would deprive the applicant of the reasonable use
of his property;
,
The fact that the applicant submitted a re-plat of the property to the City which
provides for a replacement drainage easement on the applicant's property;
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Ordinance No. 2646 Page 2
,
The fact that the applicant intends to relocate the existing creek bed and public
sanitary sewer main that cross the applicant's property to this replacement
drainage easement, thus mitigating any negative impact to the City related to the
vacation and abandonment of the existing portion of the drainage easement;
.
The fact that the land use is not likely to change within the foreseeable future
provides a basis for granting applicant's request to vacate and abandon a portion
of a drainage easement necessary for the preservation and enjoyment of the
substantial property right of the applicant.
,
The fact that the vacation and abandonment of a portion of the drainage easement
is not detrimental to the public health, safety or welfare or injurious to the
property in the area; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, that a portion of a forty (40) foot wide strip of land previously platted as a drainage
easement, which crosses and lies within Lot 17, Block 1, Emerald Forest, Phase 2 in the City of
College Station, as described on Exhibit "A" attached hereto, be vacated and abandoned by the
City only upon completion of the following conditions'
o
That the applicant relocate the creek bed crossing the applicant's property from the
existing drainage easement to the replacement drainage easement
,
That the applicant relocate the existing public sanitary sewer main from the
existing drainage easement to the replacement drainage easement.
,
That the applicant dedicate to the City a replacement drainage and utility easement
on the applicant's property either by re-plat or by separate instrument in
compliance with the City's regulations;
Provided, however, that the City reserves all rights in the existing drainage easement until
such time as the above conditions are met by the applicant and accepted by the City.
PASSED, ADOPTED and APPROVED this 10th day of July, 2003.
APPROVED'
R0n Slain, ~Iay°r
ATTEST:
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Ordinance No. 2666
Page 2
CONNIE HOOKS, City Secretary
APPROVED'
VF R'~ FY ,a, ~th~an'tiritV
City Attorney
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