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HomeMy WebLinkAbout2012-3436 - Ordinance - 08/09/2012 ilw ORDINANCE NO. 2012 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 995.6 SQUARE FOOT, 5 -FOOT WIDE PUBLIC UTILITY EASEMENT, WHICH IS LOCATED ON LOTS 9, 10 & 11 OF BLOCK 3 OF THE REDMOND TERRACE, FIRST INSTALLMENT SUBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUME 188, PAGE 295 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 995.6 square foot, 5 -foot wide public utility easement, which is located on Lots 9, 10 & 11 of Block 3 of the Redmond Terrace, First Installment Subdivision according to the plat recorded in Volume 188, Page 295 of the Official Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portions collectively hereinafter referred to as the "Easement "); 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 Easements in the manner and as described in Exhibit "A" 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 described above and in Exhibit "A" attached hereto be abandoned and vacated by the City. L ORDINANCE NO. 20/2 3 Page 2 PASSED, ADOPTED and APPROVED this qk day of attercel,t , 2012. APPROVED: r_ �'lccivt,c� Mayor ATTEST: A+_ - City Seer: APPROVED: 1, /1 1 ice/ City Attorney C 'xN ∎err' A METES AND BOUNDS DESCRIPTION OF A 995.6 SQUARE FOOT TRACT PORTION OF LOTS 9, 10 AND 11, BLOCK 3 REDMOND TERRACE, FIRST INSTALLMENT COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEINGAPORTIONOFLOTS 9, 10 AND 11, BLOCK 3, REDMOND TERRACE, FIRST INSTALLMENT, ACCORDING TO THE PLAT RECORDED IN VOLUME 188, PAGE 295 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING A 5.00 FOOT WIDE STRIP OF AN EXISTING 20.00 FOOT WIDE UTILITY EASEMENT AS REFLECTED ON SAID PLAT. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND MARKING THE SOUTH CORNER OF A RESERVE TRACT AS REFLECTED ON SAID PLAT OF REDMOND TERRACE, FIRST INSTALLMENT, SAID IRONROD FOUND MARKING THE COMMON CORNER OF SAID LOT 9 AND LOT 8, BLOCK 3; THENCE: S 71° 12' 46" E THROUGH SAID LOT 9 FORA DISTANCE OF 10.71 FEET TO THE INTERSECTION OF THE SOUTHEAST LINE OF SAID EXISTING 20.00 FOOT WIDE UTILITY EASEMENT WITH THE EAST LINE OF A PROPOSED 10.00 FOOT WIDE PUBLIC UTILITY EASEMENT MARKING THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; '!'HENCE: N 02° 15' 29" W CONTINUING THROUGH SAID LOT 9, 10.00 FEET FROM AND PARALLEL TO THE COMMON LINE OF SAID LOT 9 AND LOT 8, FOR A DISTANCE OF 7.46 FEET; '!'HENCE: N 39° 49' 57" E THROUGH SAID LOTS 9, 10 AND 11, 5.00 FEET FROM AND PARALLEL TO THE NORTHWEST LINE OF SAID LOTS, FOR A DISTANCE OF 196.35 FEET TO THE EXTENSION OF THE SOUTHWEST LINE OF AN EXISTING 20.00 FOOT WIDE PUBLIC UTILITY EASEMENT AS REFLECTED IN VOLUME 7750, PAGE 223 OF THE OFMCIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 50° 17' 31" E CONTINUING THROUGH SAID LOT 11, 20.00 FEET FROM AND PARALLEL TO THE NORTHEAST LINE OF SAID LOT 11, SAME BEING THE SOUTHWEST LINE OF TEXAS AVENUE, FOR A DISTANCE OF 5.00 FEET TO THE SOUTHEAST LINE OF SAID EXISTING 20.00 FOOT WIDE UTILITY EASEMENT (PLAT 188/295); THENCE: S 39° 49' 57" W THROUGH SAID LOTS 9, 10 AND 11 AND ALONG THE SOUTHEAST LINE OF SAID EASEMENT FOR A DISTANCE OF 201.90 FEET TO THE POINT OF BEGINNING CONTAINING 995.6 SQUARE FEET OF LAND, MORE OF LESS. 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