HomeMy WebLinkAbout2013-3479 - Ordinance - 02/14/2013 • ORDINANCE NO. 2oi 3- 3L/ 79
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 0.29 ACRE PORTION OF A 10 FOOT PUBLIC
UTLITY EASEMENT, LYING IN BLOCK 9 OF THE SECOND REVISION, OAK
TERRACE ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME
152, PAGE 237 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS;
AND A 0.23 ACRE PORTION OF A 10 FOOT PUBLIC UTLITY EASEMENT,
LYING IN BLOCK 10 OF THE SECOND REVISION, OAK TERRACE ADDITION,
ACCORDING TO THE PLAT RECORDED IN VOLUME 152, PAGE 237 OF THE
OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS; AND A 1350 SQUARE
FEET PORTION OF A 10 FOOT PUBLIC UTLITY EASEMENT, LYING IN BLOCK
12 OF THE SECOND REVISION, OAK TERRACE ADDITION, ACCORDING TO
THE PLAT RECORDED IN VOLUME 152, PAGE 237 OF THE OFFICIAL
RECORDS OF BRAZOS COUNTY, TEXAS,
WHEREAS, the City of College Station, Texas (hereinafter referred to as "CoCS "), has
received an application from The Texas A &M University System (hereinafter referred to
as "TAMUS ") for the vacation and abandonment of a 0.29 acre portion of a 10 Foot
Public Utility Easement, lying in Block 9 of the Second Revision, Oak Terrace Addition,
according to the plat recorded in Volume 152, Page 237 of the Official Records of Brazos
• County, Texas; and a 0.23 acre portion of a 10 Foot Public Utility Easement, lying in
Block 10 of the Second Revision, Oak Terrace Addition, according to the plat recorded in
Volume 152, Page 237 of the Official Records of Brazos County, Texas; and a 1350
Square Feet acre portion of a 10 foot Public Utility Easement, lying in Block 12 of the
Second Revision, Oak Terrace Addition, according to the plat recorded in Volume 152,
Page 237 of the Official Records of Brazos County, Texas; all as collectively described in
Exhibit "A" attached hereto (such portions hereinafter referred to as the "Easements ");
and
WHEREAS, TAMUS proposes a multi - family residential development of approximately
14 acres in the City of College Station (hereinafter referred to as CoCS) which
necessitates the abandonment of the Easements and associated removal, reconstruction
and/or realignment of public infrastructure (the "Project "). This abandonment is
necessary for the preservation and enjoyment of the substantial property right of the
applicant; and
WHEREAS, the Project will provide a public benefit to the citizens of CoCS by
redeveloping property in the Northgate area including the replacement of aging and in
some cases dilapidated infrastructure; and
WHEREAS, in order for the Public Utility Easements 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 all statements made in the caption, preamble, preliminary recitals and
documents attached to this ordinance are true, correct, and incorporated by
reference.
PART 2: That after opening and closing a public hearing, the City Council finds the
following pertaining to the vacating and abandoning of the Easements
described in Exhibit "A" attached hereto; and.
1. Abandonment of the Easements will not result in property that
does not have access to public roadways or utilities; and
2. Other than as set forth herein, there is no public need or use for the
Easements; and
3. Except as provided for in this ordinance, there is no anticipated
future public need or use for the Easements; and
4. As set forth in this ordinance, abandonment of the Easements will
• not impact access for all public utilities to serve current and future
customers; and
5. TAMUS intends to relocate the existing public utility infrastructure
located in the Easements to a replacement Public Utility Easement.
PART 3: That, in order to achieve the public benefits of the Project, the City
Council hereby abandons and vacates the Easements as described in
Exhibit "A" only under the terms and conditions as set forth in this
ordinance.
PART 4: That the 0.29 acre portion of a 10 Foot Public Utility Easement, lying in
Block 9 of the Second Revision, Oak Terrace Addition, according to the
plat recorded in Volume 152, Page 237 of the Official Records of Brazos
County, Texas; and a 0.23 acre portion of a 10 Foot Public Utility
Easement, lying in Block 10 of the Second Revision, Oak Terrace
Addition, according to the plat recorded in Volume 152, Page 237 of the
Official Records of Brazos County, Texas; and a 1350 Square Feet acre
portion of a 10 foot Public Utility Easement, lying in Block 12 of the
Second Revision, Oak Terrace Addition, according to the plat recorded in
Volume 152, Page 237 of the Official Records of Brazos County, Texas;
all as collectively described in Exhibit "A" attached hereto, be abandoned
• only upon completion of all of the following conditions:
•
1. The Project proposes to remove an existing 10 -inch public sanitary
sewer line adjacent to Block 12, between Lots 2 and 3 of the
Second Revision, Oak Terrace Addition necessitating the
construction and realignment of approximately 350 linear feet of
10 -inch public sanitary sewer line generally along the southern
development property line to and along the reconstructed portion
of Culpepper Drive; and
Easements necessitates portion
that a
2. The abandonment of these Ease p
of the public overhead electric line in Block 12 be removed,
reconstructed and realigned as follows:
a. TAMUS will be responsible for the costs associated with
removing the public overhead electric line in Block 12 and
reconstructing and realigning the same as an underground
electric line located along the southern property line; and
b. Dedicating additional Public Utility Easements to CoCS by
separate instrument in a form acceptable to CoCS for the above
described electric reconstruction and realignment along the
southern property line; and
• 3. Completion of the Project to achieve the public benefits to the
citizens of CoCS necessitates that TAMUS:
a. Provide surety for all public infrastructure to be reconstructed
or realigned; and
b. Provide necessary public infrastructure meeting the B /CS
Unified Standards for all public infrastructure. This includes
but is not limited to TAMUS providing construction plans,
construction surety, reports, construction testing, utility fees,
and as- builts, and for the CoCS City Engineer to approve
design, construction plans, and construction inspection,
including CS Fire Marshall review; and
c. Provide written confirmation to CoCS that the abandoned
public sanitary sewer connections to the existing 21 inch
sanitary sewer line are adequately removed and repaired; and
d. Dedicate a Temporary Blanket Easement by separate
instrument to CoCS in a form acceptable to CoCSfor the entire
proposed development acreage. The Temporary Blanket
• Easement will be required until TAMUS relocates all necessary
• public infrastructure as described herein, CoCS accepts such
public infrastructure, and TAMUS dedicates specific Public
Utility Easements as described herein; and
PART 5: If any of the above conditions are not met within eighteen (18) months, the
abandonment shall be null and void and have no further force or effect.
PART 6: That the Project is located within CoCS' singly certificated retail electric
service area, retail sanitary sewer service area, and retail water service
area and CoCS will serve electricity, water and sanitary sewer services to
the Project.
PASSED, ADOPTED and APPROVED this I q ' day of , 2013.
APPROVED:
• Mayor v\e
ATTEST:
City Secr: a ry
APPROVED:
„ . /' J/.010 -
City Attorney
•
EXHIBIT A
METES AND BOUNDS DESCRIPTION
OF A
10' UTILITY EASEMENT
BLOCK 9
SECOND REVISION, OAK TERRACE ADDITION
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF A 10.00 FOOT WIDE UTILITY EASEMENT LYING AND BEING
SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS SAID EASEMENT BEING ALL OF THAT
10.00 FOOT WIDE UTILITY EASEMENT LYING IN BLOCK 9, SECOND REVISION, OAK TERRACE
ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 152, PAGE 237 OF THE DEED RECORDS
OF BRAZOS COUNTY, TEXAS.
SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF CULPEPPER DRIVE (40'
R.O.W.) MARKING THE NORTHEAST CORNER OF LOT 13, BLOCK 9, AND THE BEGINNING OF A
TRANSITION CURVE, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF
CROSS STREET (50' R.O.W.) MARKING THE SOUTHEAST CORNER OF SAID LOT 13 AND THE END OF
SAID TRANSITION CURVE BEARS: S 03° 02' 32" E FOR A DISTANCE OF 42.42 FEET;
THENCE: N 48° 02' 17" W ALONG THE SOUTHWEST LINE OF CULPEPPER DRIVE FOR A DISTANCE OF
90.02 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED EASEMENT;
THENCE: S 41° 58' 38" W ALONG THE SOUTHEAST LINE OF SAID EASEMENT, 5.00 FEET FROM AND
PARALLEL TO THE NORTHWEST LINE OF LOTS 13 -16, FOR A DISTANCE OF 284.00 FEET TO THE
NORTHEAST LINE OF MILAM AVENUE (50' R.O.W.), FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON
THE NORTHEAST LINE OF MILAM AVENUE MARKING THE SOUTHWEST CORNER OF SAID LOT 16
BEARS: S 48° 02' 17" E FOR A DISTANCE OF 90.13 FEET;
THENCE: N 48° 02' 17" W ALONG THE NORTHEAST LINE OF MILAM AVENUE, AT 5.00 FEET PASS THE
COMMON CORNER OF LOTS 16 AND 17, CONTIINIUE ON FOR A TOTAL DISTANCE OF 10.00 FEET TO A
NORTHWEST LINE OF SAID EASEMENT;
THENCE: N 41° 58' 38" E THROUGH SAID LOT 17, 5.00 FEET FROM AND PARALLEL TO THE SOUTHEAST
LINE OF SAID LOT 17, FOR A DISTANCE OF 137.00 FEET;
THENCE: N 48° 02' 17" W CONTINUING THROUGH SAID LOT 17 AND THROUGH LOTS 18 -23 AND ALONG
A SOUTHWEST LINE OF SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE NORTHEAST LINE
OF SAID LOTS, FOR A DISTANCE OF 532.32 FEET;
THENCE: N 63° 48' 26" W CONTINUING THROUGH SAID LOT 23 FOR A DISTANCE OF 6.65 FEET TO AN
EASTERLY LINE OF SAID EASEMENT;
THENCE: S 21° 51' 29" W CONTINUING THROUGH SAID LOT 23, 5.00 FEET FROM AND PARALLEL TO THE
NORTHWEST LINE OF SAID LOT 23 AND ALONG A SOUTHEAST LINE OF SAID EASEMENT FOR A
DISTANCE OF 154.74 FEET TO THE NORTHEAST LINE OF MILAM AVENUE;
THENCE: N 54° 33' 42" W ALONG THE NORTHEAST LINE OF MILAM AVENUE FOR A DISTANCE OF 10.29
FEET TO THE NORTHWEST LINE OF SAID EASEMENT;
THENCE: N 21° 51' 29" E THROUGH LOTS 1 -2, BLOCK 9, 5.00 FEET FROM AND PARALLEL TO THE
SOUTHEAST LINE OF SAID LOTS, AND ALONG THE NORTHWEST LINE OF SAID EASEMENT FOR A
DISTANCE OF 153.08 FEET;
THENCE: N 63° 48' 26" W CONTINUING THROUGH SAID LOT 2, 5.00 FEET FROM AND PARALLEL TO THE
COMMON LINE OF SAID LOT 2 AND LOT 3, FOR A DISTANCE OF 127.98 FEET TO THE SOUTHEAST LINE
OF INLOW BOULEVARD (39' R.O.W.);
THENCE: N 20° 40' 04" E ALONG THE SOUTHEAST LINE OF INLOW BOULEVARD FOR A DISTANCE OF
10.05 FEET;
THENCE: S 63° 48' 26" E THROUGH SAID LOT 3, 5.00 FEET FROM AND PARALLEL TO THE COMMON
LINE OF SAID LOT 3 AND LOT 2, FOR A DISTANCE OF 128.19 FEET;
THENCE: N 21° 51' 29" E CONTINUING THROUGH SAID LOT 3 AND THROUGH LOT 4 FOR A DISTANCE
OF 151.34 FEET TO THE SOUTHWEST LINE OF CULPEPPER DRIVE;
THENCE: S 48° 02' 17" E ALONG THE SOUTHWEST LINE OF CULPEPPER DRIVE FOR A DISTANCE OF
10.65 FEET;
THENCE: S 21° 51' 29" W THROUGH LOT 5, 5.00 FEET FROM AND PARALLEL TO THE NORTHWEST LINE
OF SAID LOT 5 AND ALONG A SOUTHEAST LINE OF SAID EASEMENT FOR ADISTANCE OF 148.43 FEET;
THENCE: S 63° 48' 26" E CONTINUING THROUGH SAID LOT 5 FOR A DISTANCE OF 8.80 FEET TO AN
ANGLE POINT IN THE NORTHEAST LINE OF SAID EASEMENT;
THENCE: S 48° 02' 17" E CONTINUING THROUGH SAID LOT 5 AND THROUGH LOTS 6 -12. BLOCK 9, 5.00
FEET FROM AND PARALLEL TO THE SOUTHWEST LINE OF SAID LOTS, AND ALONG THE NORTHEAST
LINE OF SAID EASEMENT FOR A DISTANCE OF 533.71 FEET;
THENCE: N 41° 58' 38" E CONTINUING THROUGH SAID LOT 12 AND ALONG A NORTHWEST LINE OF
SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE SOUTHEAST LINE OF SAID LOT 12, FOR A
DISTANCE OF 137.00 FEET TO THE SOUTHWEST LINE OF CULPEPPER DRIVE;
THENCE: S 48° 02' 17" E ALONG THE SOUTHWEST LINE OF CULPEPPER DRIVE FOR A DISTANCE OF
10.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.29 OF AN ACRE OF LAND, MORE ORLESS, AS
SURVEYED ON THE GROUND JULY 2012 AND VISUALLY CHECKED SEPTEMBER 2012. SEE PLAT
PREPARED OCTOBER 2012 FOR MORE DESCRIPTIVE INFORMATI N.
BRAD KERR
REGISTERED PROFESSIONAL 1
LAND SURVEYOR No. 4502
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METES AND BOUNDS DESCRIPTION
OFA
10' UTILITY EASEMENT
BLOCK 10
SECOND REVISION, OAK TERRACE ADDITION
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF A 10.00 FOOT WIDE UTILITY EASEMENT LYING AND BEING
SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING ALL OF THAT
10.00 FOOT WIDE UTILITY EASEMENT LYING IN BLOCK 10, SECOND REVISION, OAK TERRACE
ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 152, PAGE 237 OF THE DEED RECORDS
OF BRAZOS COUNTY, TEXAS.
SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A' /2 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF MILAM AVENUE (50'
R.O.W.) MARKING THE NORTHEAST CORNER OF LOT 10, BLOCK 10, AND THE BEGINNING OF A
TRANSITION CURVE, FOR REFERENCE A'/2 I NCH IRON ROD FOUND ON THE NORTHWEST LINE OF
CROSS STREET (50' R.O.W.) MARKING THE SOUTHEAST CORNER OF SAID LOT 10 AND THE END OF
SAID TRANSITION CURVE BEARS: S 03° 02' 46" E FOR A DISTANCE OF 42.43 FEET;
THENCE: N 48° 02' 46" W ALONG THE SOUTHWEST LINE OF MILAM AVENUE FOR ADISTANCE OF 90.16
FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED EASEMENT;
THENCE: S 41° 58' 38" W ALONG THE SOUTHEAST LINE OF SAID EASEMENT, 5.00 FEET FROM AND
PARALLEL TO THE NORTHWEST LINE OF LOTS 10 -12, FOR A DISTANCE OF 280.38 FEET TO THE
NORTHEAST LINE OF DOGWOOD STREET (50' R.O.W.), FOR REFERENCE A 5/8 INCH IRON ROD FOUND
ON THE NORTHEAST LINE OF DOGWOOD STREET MARKING THE SOUTHWEST CORNER OF SAID LOT
12 BEARS: S 48° 02' 46" E FOR A DISTANCE OF 90.27 FEET;
THENCE: N 48° 02' 46" W ALONG THE NORTHEAST LINE OF DOGWOOD STREET, AT 5.00 FEET PASS
THE COMMON CORNER OF LOTS 12 AND 13, CONTINUE ON FOR A TOTAL DISTANCE OF 10.00 FEET TO
A NORTHWEST LINE OF SAID EASEMENT;
THENCE: N 41° 58' 38" E THROUGH SAID LOT 13, 5.00 FEET FROM AND PARALI .RI, TO THE SOUTHEAST
LINE OF SAID LOT 13, FORA DISTANCE OF 135.19 FEET;
THENCE: N 48° 02' 46" W CONTINUING THROUGH SAID LOT 13 AND THROUGH LOTS 14 -18 AND ALONG
A SOUTHWEST LINE OF SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE NORTHEAST LINE
OF SAID LOTS, FOR A DISTANCE OF 429.85 FEET;
THENCE: S 33° 29' 24" W THROUGH SAID LOT 18, 5.00 FEET FROM AND PARALLEL TO THE NORTHWEST
LINE OF SAID LOT 18 AND ALONG A SOUTHEAST LINE OF SAID EASEMENT FOR A DISTANCE OF 136.68
FEET TO THE NORTHEAST LINE OF DOGWOOD STREET;
THENCE: N 48° 02' 46" W ALONG THE NORTHEAST LINE OF DOGWOOD STREET FOR A DISTANCE OF
10.11 FEET TO THE NORTHWEST LINE OF SAID EASEMENT, FOR REFERENCE A 5/8 INCH IRON ROD
FOUND ON THE NORTHEAST LINE OF DOGWOOD STREET MARKING A WESTERLY CORNER OF LOT 1,
BLOCK 10, BEARS: N 48° 02' 46" W FOR A DISTANCE OF 109.49 FEET;
THENCE: N 33° 29' 24" E THROUGH LOTS 1 -2, BLOCK 10, 5.00 FEET FROM AND PARALLEL TO THE
SOUTHEAST LINE OF SAID LOTS, AND ALONG THE NORTHWEST LINE OF SAID EASEMENT FOR A
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DISTANCE OF 277.63 FEET TO THE SOUTHWEST LINE OF MILAM AVENUE;
THENCE: S 56° 44' 42" E ALONG THE SOUTHWEST LINE OF MILAM AVENUE, AT 5.00 FEET PASS THE
COMMON CORNER OF SAID LOT 3 AND LOT 4, BLOCK 10, CONTINUE ON FOR A TOTAL DISTANCE OF
10.00 FEET;
THENCE: S 33° 29' 24" W THROUGH SAID LOT 4, 5.00 FEET FROM AND PARALLEL TO THE NORTHWEST
LINE OF SAID LOT 4 AND ALONG A SOUTHEAST LINE OF SAID EASEMENT FOR A DISTANCE OF 132.37
FEET;
THENCE: S 48° 02' 46" E CONTINUING THROUGH SAID LOT 4 AND THROUGH LOTS 5 -9. BLOCK 10, 5.00
FEET FROM AND PARALLEL TO THE SOUTHWEST LINE OF SAID LOTS, AND ALONG THE NORTHEAST
LINE OF SAID EASEMENT FOR A DISTANCE OF 431.34 FEET;
THENCE: N 41° 58' 38" E CONTINUING THROUGH SAID LOT 9 AND ALONG A NORTHWEST LINE OF
SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE SOUTHEAST LINE OF SAID LOT 9, FOR A
DISTANCE OF 135.19 FEET TO THE SOUTHWEST LINE OF MILAM AVENUE;
THENCE: S 48° 02' 46" E ALONG THE SOUTHWEST LINE OF MILAM AVENUE FOR A DISTANCE OF 10.00
FEET TO THE POINT OF BEGINNING CONTAINING 0.23 OF AN ACRE OF LAND, MORE OR LESS, AS
SURVEYED ON THE GROUND JULY 2012 AND VISUALLY CHECKED SEPTEMBER 2012. SEE PLAT
PREPARED OCTOBER 2012 FOR MORE DESCRIPTIVE INFORMATION.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
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METES AND BOUNDS DESCRIPTION
OF A
10' UTILITY EASEMENT
BLOCK 12
SECOND REVISION, OAK TERRACE ADDITION
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF A 10.00 FOOT WIDE UTILITY EASEMENT LYING AND BEING
SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING A PORTION OF
LOTS 5 AND 6, BLOCK 12, SECOND REVISION, OAK TERRACE ADDITION, ACCORDING TO THE PLAT
RECORDED IN VOLUME 152, PAGE 237 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS.
SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF CROSS STREET (50'
R.O.W.) MARKING A NORTHERLY CORNER OF SAID BLOCK 12;
THENCE: S 41° 58' 38" W ALONG THE SOUTHEAST LINE OF CROSS STREET FOR ADISTANCE OF 309.18
FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED EASEMENT;
THENCE: S 48° 01' 21" E THROUGH SAID LOT 5, 5.00 FEET FROM AND PARALLEL TO THE COMMON LINE
OF SAID LOT 5 AND LOT 6, FOR A DISTANCE OF 135.00 FEET TO THE NORTHWEST LINE OF ANOTHER
EXISTING 10.00 FOOT WIDE UTILITY EASEMENT;
THENCE: S 41° 58' 38" W THROUGH SAID LOT 5 AND LOT 6 AND ALONG THE NORTHWEST LINE OF
SAID EXISTING EASEMENT, 10.00 FEET FROM AND PARALLEL TO THE SOUTHEAST LINE OF SAID LOTS,
FOR A DISTANCE OF 10.00 FEET;
THENCE: N 48° 01' 21" W THROUGH SAID LOT 6, 5.00 FEET FROM AND PARALLEL TO THE COMMON
LINE OF SAID LOT 6 AND LOT 5, FOR A DISTANCE OF 135.00 FEET TO THE SOUTHEAST LINE OF CROSS
STREET;
THENCE: N 41° 58' 38" E ALONG THE SOUTHEAST LINE OF CROSS STREET FOR A DISTANCE OF 10.00
FEET TO THE POINT OF BEGINNING CONTAINING 1350 SQUARE FEET OF LAND, MORE OR LESS, AS
SURVEYED ON THE GROUND JULY 2012 AND VISUALLY CHECKED SEPTEMBER 2012. SEE PLAT
PREPARED OCTOBER 2012 FOR MORE DESCRIPTIVE II' FORMATION.
BRAD KERR
REGISTERED PROFESSIONAL
/
LAND SURVEYOR No. 4502
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