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Home My WebLink About2004-2686 - Ordinance - 01/08/2004ORDINANCE NO. 2686 AN ORDINANCE MAKING CERTAIN FINDINGS OF FACT AND VACATING AND ABANDONING A TEN (10) FOOT WIDE PORTION OF A TWENTY (20) FOOT WIDE PUBLIC UTILITY EASEMENT, WHICH CROSSES AND LIES WITHIN LOT 2, BLOCK 1, HENTON SUBDIVISION IN THE CITY OF COLLEGE STATION, TEXAS. WHEREAS, the City of College Station has received an application for the vacation and abandonment of a ten (10) foot portion of a twenty (20) foot wide public utility easement, which crosses and lies within Lot 2, Block 1, Henton Subdivision in the City of College Station, said portion of the public utility easement being more particularly described on Exhibit "A" attached hereto; and WHEREAS on January 8, 2004, the City Council of the City of College Station, Texas, heard the application of David Scarmardo for Sahara Realty Group, Ltd. for the vacation and abandonment of the aforementioned ten (10) foot portion of the twenty (20) foot wide public utility easement that crosses and lies within Lot 2, Block 1, Henton Subdivision, according to the plat recorded in Volume 2017, Page 239, 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 David Scarmardo to vacate and abandon a ten (10) foot portion of a twenty (20) foot wide public utility easement, the City Council of the City of College Station, finds the following facts: . The location of a ten (10) foot portion of a twenty (20) foot wide public utility easement crosses the applicant's property and inhibits its development. The easement is no longer used by the City and there is no infrastructure in the easement. . That 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 ten (10) foot portion of the twenty (20) foot wide public utility easement that crosses the applicant's property would deprive the applicant of the reasonable use of his property. . The fact that the land use is not likely to change within the foreseeable furore provides a basis for granting applicant's request to vacate and abandon a portion of the public utility easement necessary for the preservation and enjoyment of the substantial property right of the applicant. o The fact that the abandonment of a portion of the easement is not detrimental to the public health, safety or welfare or injurious to the property in the area; now therefore, js/c/my docs~abandon~revised form ord. doc Ordinance No. 2686 Page 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, that a ten (10) foot portion of a twenty (20) foot wide strip of land previously platted as a public utility easement, which crosses and lies within Lot 2, Block 1, Henton Subdivision in the City of College Station, as described on Exhibit "A" attached hereto, be abandoned and vacated. PASSED, ADOPTED and APPROVED this 8th day of January, 2004. APPROVED: R'6n Silvi~ Mayor ATTEST: CONNIE HOOKS, City Secretary APPROVED: City Attorney js/c/my docs~abandon~revised form ord. doc Exhibit "A"- page 1 of 2 Abandonment of 20' Public Utility Easement (PUE) on Lot 2, Block 1 - Henton Subdivision Vol. 2017, Pg. 239 Richard Carter Survey, A-8 College Station, Brazos County, Texas Field notes of a 10' wide strip or parcel of land, lying and being situated in the Richard Carter Survey, Abstract No. 8, College Station, Brazos County, Texas, and adjoining the southwest line of Lot 2, Block 1 - Henton Subdivision according to the plat recorded in Volume 2017, Page 239, of the Official Records of Brazos County, Texas, (the I0' strip being abandoned is the northeast 10' of the 20' Public Utility Easement), and being more particularly described as follows: COMMENCING at the ½" iron rod found marking the common comer between the beforementioned Lot 2, Block I - Henton Subdivision and Lots 7 - 12 - Replat of Lot 3 - Henton Subdivision, according to the plat recorded in Volume 4089, Page 109, of the Official Records of Brazos County, Texas, said ½" iron rod also lies in the northeast line of the E. L. Putz- 14.8 acre tract described in Volume 287, Page 821, of the Deed Records of Brazos County, Texas; THENCE N 44° 50' 37" E along the common line between the beforementioned Lot 2, Block 1 and Lots 7 - 12, for a distance of 10.00 feet to a 60d nail set at the PLACE OF BEGINNING of this description; THENCE N 45° 28' 03" W parallel with and 10' northeast of the common line between the beforementioned Lot 2, Block 1 and the Putz - 14.8 acre tract, for a distance of 1002.97 feet to a 60d nail set in the south right-of-way line of Farm to Market Road No. 60 (also known as University Drive), a ~/e' iron rod found at crosstie fence comer marking the common comer between the said Lot 2, Block I and the Putz - 14.8 acre tract bears S 63° 21' 00"W - 10.56 feet; THENCE N 630 21' 00" E along the south right-of-way line of F.M. No. 60 for a distance of 10.56 feet to a 60d nail set at the north corner of the 20' public utility ..easement as platted on Lot 2, Block 1; THENCE S 45° 28' 03"E along the northeast line of the platted 20' public utility easement for a distance of 999.62 feet to a 60d nail set in the common line between the beforementioned Lot 2, Block 1 and Lots 7 - 12; THENCE S 44'~ 50' 37"W along the common line between the beforementioned Lot 2, Block 1 arid Lots 7 - 12, for a distance of 10.00 feet to the PLACE OF BEGINNING, containing 10,012 square feet of land, more or less. Surveyed October 2003 S. M. Kling R.P.L.S. No. 2003 Prepared 10116103 KLING ENGINEERING AND SURVEYING BRYAN, TEXAS I~XLond_ ProJects , ....... R2\L/~lver si~.y .............. ,,~ '-' ~ Exhibit"A"-page 2 of 2 ::~ ~: ~ , /'S'- ~ "'. LOT 2 BLOCK ONE LOT 1 BLOCK ONE -.,,/,, ;;: , R :a:: " : - -'"' ," ' ix I '~ i# . i ! ,., ,. '~.~ - . ,.. ..,,. ~ '" i ' ' ' L%V/~ ,, ,,:.../~,,,,, a. ] li~i ". .... ~ t,' "',,, ,I,'_, , ...... 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Il[it', · , , x 4, , :.:;,: ..... · , ',:,'' EAgEMENT ABANDONMENT ~ ,/I l:~i'_ ..... _ .... - · ~1-, -.---,.~:,~,- ,',~:i,i:.;l'- -.o-- - .... -.--- [, ' :,t', : O~ A PORTION O~ A i .... · ~ N- ," .4, tt · !. ~:t ~-- --,=- ,J-~,--[',- ~ 20' PUB LIC'UTILITY ,~ .4 / , , ~ , ,~- '~,x,~. · · ~ o ~oa VOL. 2017, PG. 239 , , .~O:."~o~ts RICHARD CARTER SURVEY, A-8 "' $.'~'_.,, pC-~ COM..EGE STATION, B~OS COUN1Y, TD(AS SCALE: 1'- 100' OCT, 2003 ~-- INDICATES PROPOSED e~P,,e£o 10' ABANDONMENT -~ .' --KUDO r.ra.~,:m#o · suevcYmO~--------__ . 4101 1ExAs XV. + P.O. BOX 42.14 4. BRYAN.TEXAS 4. PH.979/84~-6212 KLINO [NGIN£ER~IG & SURV[YINO IllrrAN. 'lEX, AS sS/ s ts / ts #l / s/t · i....,. ,,i d....., ,,..' : ~.-wrz_....-..-.:. :.. - ...... iiiii iii I I IIII I III