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HomeMy WebLinkAbout2011-3309 - Ordinance - 01/13/2011ORDINANCE NO. 2011-330 U AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 2.06 ACRE PORTION OF OLD ROCK PRAIRIE ROAD RIGHT-OF-WAY LOCATED AT 4005 STATE HIGHWAY 6 SOUTH IN THE CITY OF COLLEGE STATION, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 2.06 Acre portion of the Old Rock Prairie Road variable width right-of-way, which is located at 4005 State Highway 6 South adjacent to the Rock Prairie Marketplace Subdivision according to the plat recorded in Volume 9506, Page 205 of the Deed Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portions collectively 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 in the manner and as described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. The abandonment of the Right-of-Way will not result in property that does not have access to public roadways or utilities; 2. Other than as set forth herein, there is no public need or use for the Right-of-Way; 3. Except as may be provided for in this ordinance, there is no anticipated future public need or use for the Right-of-Way; 4. As set forth in this ordinance, abandonment of the Right-of-Way will not impact access for all public utilities to serve current and future customers; 5. Utility infrastructure exists within the Right-of-Way and the City has a continuing need for currently existing public utilities to remain within the Right-of-Way and to access utilities in the Right-of-Way, and said uses are expressly not abandoned herein; and ORDINANCE NO. 2011-3309 Page 2 6. The Right-of-Way is hereby abandoned as a public roadway and is no longer thrown open to the general public but is only for the public purposes recited herein and is in all other respects hereby abandoned. PART 2: That the Right-of-Way known as Old Rock Prairie Road and as described in Exhibit "A" be abandoned and vacated by the City for roadway purposes; provided, however, that the City shall retain a public utility and access easement on the area to be abandoned as set forth above, and the City does not abandon such uses. PASSED, ADOPTED and APPROVED this 13th day of Januarv APPROVED: 'rh ~ Mayor U ATTEST: City Secr Lgry n APPROVED: 2011. ~~4 4 eg City Attorney Ordinance No. 2011-3304 2.06 ACRES OLD ROCK PRAIRIE ROAD THOMAS CARUTHERS LEAGUE ABST NO, 9 ROBERT STEVENSON LEAGUE ABST NO. 64 CITY OF COLLEGE STATION BRAZOS COUNTY, TEXAS PROPERTY DESCRIPTION DESCRIPTION OF A 2.06 ACRE TRACT OF LAND IN THE THOMAS CARUTHERS LEAGUE ABSTRACT NUMBER 9 AND THE ROBERT STEVENSON LEAGUE ABSTRACT NUMBER 54 BRAZOS COUNTY, TEXAS, SAID 2.06 ACRE TRACT BEING THE OCCUPIED AND RECOGNIZED RIGHT-OF-WAY OF OLD ROCK PRAIRIE ROAD, SAID 2.06 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BEING GRID AND REFERENCE TO THE TEXAS COORDINATE SYSTEM NAD 83 CENTRAL ZONE AND THE SURVEY CONTROL NETWORK OF THE CITY OF COLLEGE STATION, TEXAS: BEGINNING at a TXDOT Type 1 concrete monument found in the easterly right-of way line of State Highway 6, being the southerly comer of a call 0.9877 acre tract as described in a deed to Weingarten Investments Inc., and recorded in Volume 7819 Page 266 of the Official Public Records of Brazos County, Texas, same being the southerly comer of Lot 1, Block 1, of Rock Prairie Marketplace, a subdivision of record in Volume 9506 Page 205 of the Official Public Records of Brazos County, Texas and being the westerly corner of the herein described tract; THENCE departing the said easterly right-of-way of State Highway 6 N 48°24'40" E with a line common to the said 0.9877 acre tract and of Lot 1 Block 1 of flock Prairie Marketplace, for a distance of 595.11 feet to an iron rod with cap stamped "JACOBS" set monumenting the easterly corner of the said Lot 1 Block f and the southerly comer of a call 4.31 acre tract as described in a deed to Weingarten Investments Inc., and recorded in Volume 7583 Page 108 of the Official Public Records of Brazos County, Texas; THENCE continuing with a line common to the said 4.31 acre tract N 43°54'03" E for a distance oL23t..8..0 feet3o_a_Yi' inch ro"-Ip-eJoOnd_monumentina the easteriv corner of the said 4.31 acre tract and the southerly corner of a call 6.666 acre tract as described in a deed to Weingarten Investments Inc., and recorded in Volume 7282 Page 72 of the Official Public Records of Brazos County, Texas; THENCE continuing with a line common to the said 6.566 acre tract N 42°27'35" E for a distance of 682.48 feet to an Iron rod with cap stamped "Pate Eng RPLS, 5647" found monumenting the easterly corner of the said 6.566 acre tract and being in the southerly right-of-way line of Rock Prairie Road (having a call 90 wide right-of-way), said iron rod with cap being the northerly corner of the herein described tract; THENCE with a line common to the said southerly right-of-way line of Rock Prairie Road S 86027'05" E for a distance of 72.73 feet to an iron rod with cap stamped "Strong RPLS 4961" found monumenting the northerly corner of a call 17.21 acre tract as described in a deed to Weingarten Investments Inc., and recorded in Volume 8948 Page 46 of the Official Public Records of Brazos County, Texas, said iron rod being the easterly corner of the herein described tract; Ordinance No. 2011-3309 2,06 ACRES OLD ROCK PRAIRIE ROAD THOMAS CARUTHERS LEAGUE ABST NO.9 ROBERT STEVENSON LEAGUE ABST NO, 64 CITY OF COLLEGE STATION BWOS COUNTY, TEXAS THENCE departing the said southerly right-of-way line of Rock Prairie Road and with a line common to the said 17.21 acre tract S 42°29'17" W for a distance of 941.10 feet to a 6/8" Inch Iron rod found monumenting the westerly corner of the said 17.21 acre tract and the northerly corner of a call 5.917 acre tract as described In a deed to Weingarten Investments Inc., and recorded in Volume 7310 Page 98 of the Official Public Records of Brazos County, Texas; THENCE continuing with a line common to the said 5.917 acre tract S 48931120" W for a distance of 862.00 feet to a punch hole set in a broken TXDOT Type 1 concrete monument found in the aforementioned easterly right-of-way line of State Highway 6, and being the westerly corner of the said 6.917 acre tract, and the southerly corner of the herein described tract; THENCE with the said easterly right-of-way line of State Highway 6 N 13°01'53" W fore distance of 66.60 feet to the POINT OF BEGINNING and containing 2.06 acres of land more or less. I David Paul Carr a duly licensed and registered Professional Land Surveyor in the State of Texas do hereby certify that the foregoing description and exhibit are the results of an on the ground survey performed by Jacobs Engineering under my direction and supervision in April and May of 2010 and that it Is true and correct to the best of my David Paul Nrr Registered Professional Land Surveyor Texas Registration Number 3997 CPC ° S~,rF Date l~ O AVID ,PAUL CARR . ~ssz-Pye~,- Z ..°~ssiay0 SURD TATech7\SCOTT WHITE COLLEGE STAT10Mpdaso\PROPERTY DESCRIPTION Old Rock Prairie Rd.doo Ordinance No. 2011-3309 i i I ROCK PRAIRIE R0. STRONG RPLS 4961 ($86w,25-C 720.25 S86'27'03'E 720.1; SCALE 1" = 200' MAY, 2010 CITY OF COLLEGE STATION BRAZOS COUNTY, TEXAS G f' S7 011 y1~GA 66 t at,~l 09000 fro -InP 'N L' 1h.RF'/ 1 ROCK PRAIRIE MARKVOL, 9506, PG. O. P. R. B. C. T. +\GRLF 4.3f AC. LOT 1, BLOCK \205\ \}~INVESTMENTS INC. - vOL. 7583, PG 108 a NT OF e. ry0d S 06 INNING , 2~ ,,{d1 hyti 5.917 AC. WEINCAR TEN INVESTMENTS INC. er ' VOL. 7310, PG. 98 ! O. P. R. B. C. T. N130f'ff3'W V ~ ~ BROKEN N. a ` ' n V 6.566 AC. ae WEINGARTEN INVESTMENTS INC. VOL. 7282, PG. 72 ,yh° pd O.P.R.S.C.T. Q~Ay~ ~QV q ,o; Q -ery`,titi' e Cl~ z ~.:._JS.:e.:.. 72.73' 17.21 AC. WEINGARTEN INVESTMENTS INC. VOL. 8948, PG. 46 O.P,R.B.C.T. G•A 1,~bx d'G 9.y\ LEGEND TX. D.O.T. TYPE I MONUMENT FOUND IRON ROD WITH CAP FOUND (STAMPED AS NOTED) IRON PIPE FOUND (AS NOTED) ® 1/2" IRON ROD FOUND (OR A$ NOTED) "ON-RO"IIH-GAP-SET Q (STAMPED JACOBS) O C.T P R B OFFICIAL PUBLIC RECORDS OF . . . . . BRAZOS COUNTY TEXAS O.R.B.C.T. DEED RECORDS OF BRA20S COUNTY TEXAS 7.158 AC. WEINGARTEN INVESTMENTS INC. VOL. 7680, PG. 227 O.P.R. B.C. T. 19.10 AC. \ SKETCH to ACCOMPANY DESCRIPTION 2.06 AC.J WEINGARTEN INVESTMENTS INC. !1 lm~ VOL. 7488, PG, 248 0. P. R. 6. C. T. 2705 an cove Road, Suite 300 - Austin, Texea 78746 (512)314.3100 Fax (512) 3143135