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Home My WebLink About2013-3485 - Ordinance - 03/14/2013 • ORDINANCE NO. 2013-3•05 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.0201 ACRE PORTION OF THE 7.5 -FOOT WIDTH RIGHT OF WAY, SAID PORTION LYING ALONG LOT 15, BLOCK 1, OF THE COLLEGE PARK ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 38, PAGE 602 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a portion of the 7.5 -foot Width Right -of -Way, said portion lying along Lot 15, Block 1, of the College Park Addition, according to the plat recorded in Volume 38, Page 602, of the Official Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion 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 described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. 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 remaining public utilities to P: IAGEN -CALVn Revtew13 -14 -13 (deadline 2 -26 @12)1201 Montclair ROW Abandonment13- Attachment 3- Ordinance.doc ORDINANCE NO. 20/3 -3 q 5 Page 2 remain within the Right -of -way, and said uses are expressly not abandoned herein. PART 2: That the Right -of -Way as described in Exhibit "A" be abandoned and vacated by the City only upon completion of the following condition: 1. The City shall retain a public utility easement on the area to be abandoned. PASSED, ADOPTED and APPROVED this /`A- day of (' , 2013. APPROVED: • Tt-c-1/N NANCY :,AY, Mayor • ATTEST: A/A/tti— SHERRY ASHBURN, City Secretary APPROVED: cadaict City Attorney P:IAGEN -CALVn Review13 -14 -13 (deadline 2 -26 @12)1201 Montclair ROW Abandonment13- Attachment 3- Ordinance.doc EXHIBIT "A" METES AND BOUNDS DESCRIPTION 0.0201 ACRES PART OF 15' ALLEY COLLEGE PARK CITY OF COLLEGE STATION BRAZOS COUNTY, TEXAS Being a tract of land containing 0.0201 acres, and being Block I of the College Park Addition to the City of College Station, in Brazos County, Texas, as recorded in Vol. 38, Page 602, of the Brazos County Deed Records(B.C.D.R.) All bearings of this survey are referenced to the Texas State Plane Coordinate System, Central Zone, NAD83(CORS96), and boundary based on found iron rods found referred to said plat, and as surveyed on the ground on December 6th, 2012. BEGINNING at a 5/8" iron rod found for the west corner of this tract, also being in the centerline of a 15' alley in said Block 1, also being on the northeast line of Montclair Avenue(50' R.O.W.), also being the south corner of the Rafsan Investments, Inc. tract, called 0.337 acres, as recorded in Vol. 9245, Page 25, of the Brazos County Official Records(B.C.O.R.); THENCE North 41 East, a distance of 114.89 feet along the common line between this tract and said 0.337 acre tract to a 1/2" iron rod with a maroon plastic cap marked "RPLS 6132 - ATM SURV" set for the north comer of this tract, also being the east corner of said 0.337 acre tract, also being the south corner of the Flo-Shep Interest Ltd., called 25' of Lot 3, Lot 4. and Lot 5, and part said 15' alley, Block 1, College Park, as recorded in Vol. 3702, Page 339, of the B.C.O.R., also being the west corner of the remainder of said 15' alley; THENCE South 50°30'59" East, a distance of 7.66 feet along the common line between this tract and said remainder of a 15' alley to a 1/2" iron rod with a maroon plastic cap marked "RPLS 6132 - ATM SURV" set for the east corner of this tract, also being the north comer of the Peter W. & Victoria G. Kramer, called Lot 15, Block 1, of said addition, as recorded in Vol. 10700, Page 1, of the B.C.O.R.; THENCE South 41 West, a distance of 115.13 feet to along the common line between this tract and said Lot 15 to a 1/2" iron rod with a maroon plastic cap marked "RPLS 6132 - ATM SURV" set for the south corner of this tract, also being the west comer of said Lot 15, also being a point on the northeast right-of-way line of said Montclair Avenue; THENCE North 48°44'05" West, a distance of 7.58 feet along the common line between this tract and said Montclair Avenue to the PLACE OF BEGINNING containing 0.0201 acres. A1/4t• *G‘ * : 11 ADAM C. WALLACE Adam Wallace .;% 6132 Texas Registered Professional Land Surveyor No. 6132 •:40,%- t `O ieo•• 2012-0143-201 -ALLEY-LEGAL.doc December 6th, 2012 c W L 8 fl o + p5 ��o , c u E a q 9 O M g ° /� .- g ' z -- . )b ti Ate' W w 8 S 6 V oc i � C�2 c'/,e�� F 0 m ou oc INI16 °-1 � �c p ' > i � ° I O oU1 %P 4 (n o �) L . .7 W o S. 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