HomeMy WebLinkAbout2013-3495 - Ordinance - 04/25/2013 • ORDINANCE NO. 20/3 - 3495
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 0.0707 ACRE, 10 -FOOT WIDE PUBLIC
UTILITY EASEMENT LOCATED ON LOTS 45 AND 46 OF THE WILLIAMS
CREEK PHASE 4 SUBDIVISION ACCORDING TO THE PLAT RECORDED IN
VOLUME 7118, PAGE 120 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 0.0707 acre, l0 -foot wide public utility easement located
on Lots 45 and 46 of the Williams Creek Phase 4 Subdivision according to the plat
recorded in Volume 7118, Page 120 of the Deed 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 Easement 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.
•
ORDINANCE NO. 2013'349 Page 2
PASSED, ADOPTED and APPROVED this 2 5 day of Aptd , 2013.
APPROVED:
A
Mayo
ATTEST:
)
City Secret y
APPROVED:
CaajtgY
City Attorney
•
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION
10' WIDE PORTION OF PUBLIC UTILITY EASEMENT
0.0707 ACRES
WILLIAMS CREEK SUBDIVISION PHASE 4
COLLEGE STATION
BRAZOS COUNTY, TEXAS
Being a tract of land containing 0.0707 acres, and being in the Williams Creek Subdivision, Phase 4,
as recorded in Vol. 7118, Page 120, of the Brazos County Official Records(B.C.O.R.), and being
part of Lots 45, and 46, of Block 1 of said subdivision. Also being the same tract of land as
conveyed to Jacob K. and Carley S. Maxwell in Vol. 8881, Page 79, of the B.C.O.R. All bearings of
this survey are referenced to the Texas State Plane Coordinate System, Central Zone,
NAD83(CORS96), and boundary referenced to called for and found 1/2" iron rods with red plastic
caps marked "SM Kling - RPLS 2003" found as referred to in said previous subdivision plat, and as
surveyed on the ground on February 28th, 2013. This description is also referred to the plat
prepared by ATM Surveying, Project No. 2013 -0189, and being more particularly described as
follows:
COMMENCING at a 1/2" iron rod with red plastic cap marked "SM KLING - RPLS 2003" found
for the southeast corner of Lot 45, Block 1, of said Williams Creek Phase 4, also being the
southwest corner of Lot 46, Block 1 of said Williams Creek Phase 4, also being a point on the
northeast line of Williams Creek Drive(70' R.O.W.);
THENCE North 13 °38'47" East, a distance of 20.20 feet along the common line between said Lot
45 and 46 to a point for the PLACE OF BEGINNING;
THENCE North 68°18'19" West, a distance of 5.05 feet across said Lot 45 to a point for the
southwest corner of this tract;
THENCE North 13 °38'47" East, a distance of 305.92 feet across said Lot 45 to a point for the
northwest corner of this tract, also being a point on the south line of the Joe Gerrald Jr. & Janet
Lillian Parr, called Lot 28, Block 1, of Williams Creek Phase 3, as recorded in Vol. 7249, Page 293,
of the B.C.O.R.;
THENCE along the common line between this tract and said Lot 28 for the following calls:
North 89 °23'57" East, a distance of 5.16 feet to a 1/2" iron rod with a maroon plastic cap marked
"RPLS 6132 - ATM SURV" set for a bend in this tract, also being the northeast corner of said Lot
45, also being the northwest corner of said Lot 46;
North 89 °18'34" East, a distance of 5.16 feet to a point for the northeast corner of this tract, also
being on the north line of Lot 46;
THENCE South 13 °38'47" West, a distance of 309.89 feet across said Lot 46 to a point for the
southeast corner of this tract;
THENCE North 68 °17'27" West, a distance of 5.05 feet across said Lot 46 to the PLACE OF
BEGINNING containing 0.0707 acres.
,��OF TFy ,
P c,�sTEq •W
�/dALLACE,
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Adam Wallace
Texas Registered Professional Land Surveyor No. 6132 ,U
13- 0189- legal.doc
February 28th, 2013
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