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Home My WebLink About2014-3583 - Ordinance - 06/26/2014• • ORDINANCE NO. 2D111- 3523 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING PUBLIC UTILITY, ELECTRICAL, WATERLINE AND SEWER EASEMENTS LYING WITHIN LOTS 1 THRU 4, BLOCK 1 OF CHIMNEY HILL RETAIL PLAZA ACCORDING TO THE PLAT RECORDED IN VOLUME 807, PAGE 543 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has processed an application for the vacation and abandonment of the public utility, electrical, waterline, and sewer easements lying within Lots 1 thru 4, Block 1 of Chimney Hill Retail Plaza, according to the plat recorded in Volume 807, Page 543, of the Official Records of Brazos County, Texas, (hereinafter referred to as the "PUEs"), as described in Exhibit "A," a copy of which is attached and incorporated for all purposes; WHEREAS, the City of College Station, Texas (hereinafter referred to as CoCS) has entered into an Economic Development Agreement with PM Realty Group, LLP, which contemplates the purchase, sale, and development of the subject approximately 7.952 acre Chimney Hill Retail Plaza property ("the Project"); and WHEREAS, PM Realty Group, LLP proposes a mixed-use development of the Project and has requested abandonment of the PUEs preliminary to the associated removal, reconstruction and/or realignment of public infrastructure to further such redevelopment 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 one of the prime retail corridors; and WHEREAS, in order for the PUEs 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 PUEs described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes: 1. Abandonment of the PUEs will not result in property that does not have access to public roadways or utilities; • 0 2. Other than as set forth herein, there is no public need or use for the PUEs; 3. Except as may be provided for in this ordinance, there is no anticipated future public need or use for the PUEs: 4. As set forth in this ordinance, abandonment of the PUEs will not impact access for all public utilities to serve current and future customers; and 5. Utility infrastructure exists within several of the PUEs for which the City has a continuing need for such current public utilities to remain within said PUEs, until relocated with redevelopment, and said uses are expressly not abandoned herein. PM Realty Group, LLP intends to relocate the existing public utility infrastructure located in the Easements to a replacement Public Utility Easement acceptable to and upon final approval of the City Engineer. PART 2: That the PUEs as described in Exhibit "A" be abandoned and vacated by the City, provided the following conditions: 1. The City shall reserve a temporary blanket utility easement on the entire 7.952 acre Chimney Hill Retail Plaza until new easements are dedicated with relocation of utilities; 2. The PM Realty Group, LLP must file with the Deed of Records a fully executed transfer of title to the property described as Lots 1- 4, Block 1 of Chimney Hill Retail Plaza in accordance with Purchase and Sale Agreements appended to the Economic Development Agreement, as amended, within 30 days of September 2, 2014 unless such Purchase and Sale Agreements, as amended provide for a later date but in no event later than November 21, 2014; 3. That the prospective Applicant PM Realty Group, LLP shall, upon completion of the removal and relocation of utilities to City Standards and at the owners' expense, convey by separate instrument or re -plat to the City public utility easements in a form acceptable to the City, including a re -dedication of the PUE along Tarrow Street in same general width and location; and 4. The existing public lines will remain to temporarily serve existing utilities until the constructed realignment and dedication is accepted by the City. PART 3: That if any of the above referenced conditions are not met and satisfied then this Ordinance will automatically be null and void, and the PUEs will not be abandoned. PASSED, ADOPTED and APPROVED this 2611" day of ATTEST: (ige City S�cret y APPROVED: frf ity At . rney APPROVED: , 2014. Mayor • • 609898 UTILITY EASEMENT DATE: cud_ q, ig96 GRANTOR: CHIMNEY HILL PROPERTIES, INC. GRANTOR'S MAILING ADDRESS: P.O. Box 10539Los9 County Beverly Hills, CA 90213 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: PP: 2; 33 -.s- 24, 1,,; 1101 Texas Avenue Brazos County College Station, TX 77840 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration. PROPERTY: Being all that certain tract or parcel of land lying and being situated in the Richard Carter League in College Station, Brazos County, Texas, being a part of Lot 3 in Block l of Chimney Hill Retail Plaza addition to the City of College Station, Texas, according to plat of record in Volume 807, Page 543 of the Official Records of Brazos County, Texas, which is also a part of that 7.1886 acre tract conveyed to Chimney Hill Properties, Ltd. by deed recorded in Volume 1644, Page 186 of the Official Records of Brazos County, Texas; more particularly described by metes and bounds in the attached Exhibit "A". This conveyance shall grant the rights herein specified only as to that portion of the above- described Property more particularly described on the attached Exhibit "A" known as the "easement area," to erect, construct, install, and thereafter use, operate, inspect, repa, maintain, reconstruct, modify and remove underground electric transmission and distribution lines, under the said Property as described and any ways, streets, roads, or alleys abutting same. It being understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of Grantee. RESERVATIONS AND RESTRICTIONS: None TO HAVE AND TO HOLD, the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, forever, and Grantor does hereby bind itself its successors and assigns, to warrant and forever defend, all and singular, these rights and interests unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. CHIMNEY HILL PROPERTIES, INC. S.vicovpo•-( 1 BY:, Printed Name: ke--fz 1 Title: by ova fe— Sec. reirk_ C t STATE OF CALIFORNIA COUNTY OF LOS ANGFT.FS This instrument was acknowledged before me on this ' day of Y , 1996, by as of CHIMNEY HILL PROPERTIES, LTD., a corporation, on behalf of said corporation. * * CORPORATE ACKNOWLEDGMENT * j,/c/ r964himeaie.doc 04/25/96 Notary Public, State of California VOL 2644 PAGE 2,19 L L p Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, Texas 77845 (409) 690-3378 Proposed 10' Easement Lot 3 Block 1 Chimney Hill Retail Plaza College Station, Texas 19 March 1996 • All that certain tract or parcel of land lying and being situated in the Richard Carter League In College Station, Brazos County, Texas, being a par' of Lot 3 in Block 1 of Chimney Hill Retail Plaza addition to the City of College Station, Texas, according to plat of record in Volume 807, Page 543 of the Official Records of Brazos County, Texas, which is also a part of that 7.1886 acre tract conveyed to Chimney Bill Properties, Ltd. by deed recorded in Volume 1644, Page 186 of the Official Records of Brazos County, Texas, and being more particularly described as follows: Commencing in the northeast line of Tarrow Street at the common corner of Lot 3 and Lot 4 of the said Chimney Hill Retail Plaza, which point bears N 24° 39' 41" W - 424.85 feet from the City of College Station 1994 GPS control point number 122. Thence N 80° 32' 20" E - 83.00 feet along the line between the said lots 3 and 4; Thence N 8° 35' 47" E - 104.12 feet continuing along the line between the said lots 3 and 4 to the intersection of said line with the outside edge of the building slab on lot 3; Thence N 50° 36' 27" W - 3.42 feet along the edge of said building slab; Thence S 39° 23' 33" W -12.27 feet to the Point of Beginning of this tract; Thence through the said Lot 3 as follows: S 39° 23' 33"W- 10.00 feet; N 50° 36' 27" W - 20.83 feet; N 39° 57' 05" W - 44.36 feet; N 39° 23' 33" E - 177.37 feet; N 31° 17' 57" E - 80.47 feet; N 39° 23' 33" E - 25.35 feet; S 50° 36' 27" E - 10.00 feet; S 39° 23' 33" W - 24.65 feet; S 31° 17' 57" W - 80.47 feet; slab; S 39° 23' 33" W - 169.78 feet parallel to and 3.0 feet from said building S 39° 57' 05" E - 35.13 feet; and containing 0.078 acres S 50° 36' 27" E - 19.90 feet to the Point of Beginning of land more or less. EXHIBIT A VOL 2644 PASS' 250 0 ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 /!II!!//!!! ! ! !! ! !!/ !I!! 1!/!!!J!!I!! rI/!!/I State of Oa -O.: OA (k& 11 1 County of AQ L (�(:1..L>j,( �-e.� 1 On L-11-14-0 9 I I qG(o G before me, >2� NR A 4p77i>2N iUiJLic') ( DATE NAME. TIRE OF OFFICER • EG.. 'JANE DOE. N ART PUBLIC' appeared nt_A ri II-f'k .l • E f Zl<.1, , personally NAMES) OF SIGNER(S) 2"personally known to me - OR - • proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are i subscribed to the within instrument and ac- 1 knowledged to me that he/she/they executed ► the same in his/her/their authorized 1 }fit^` ootsaonowr \ -,; a ,MSc-caler+e / capacity(ies), and that by his/her/their 1 ` -r ,^�% uosmasoouen �•,--y M,Canrr.E+ X16. VMS signature(s) on the instrument the person(s), the 1 1 or the entity upon behalf of which 1 person(s) acted, executed the instrument. \ 1 1WITNESS my hand and official seal. i SIGNATURE OF NOTARY 1 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. 1 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT �j INDIVIDUAL GSI CORPORATE OFFICER / j j a�(rk - 1 W ry IJQ kO . 6cl;(�C tun TITLE TYPE OF DOCUMENT j t\ TInE(S) 1 N/ PARTNER(S) IMITED ALi, (il LY GENERAL Il / ATTORNEY-IN-FACT NUMBER OF PAGES l i TRUSTEE(S) 1 Q GUARDIAN/CONSERVATOR II OTHER: t\ DATE OF DOCUMENT SIGNER IS REPRESENTING: ArRTTTY(IES) PERSON(S) ORnE� , nn// N7ika- rMBig SIGNER(S) OTHER THAN NAMED ABOVE I \ 01993 NATIONAL NOTARY ASSOCIATION • 8236 Rommel Ave.. P.O. Box 7184 • Canoga Parc CA 91309-7184 VD. 26q/i_rAU251 e • wn..6;no Final Pala van University P9 24o9� 21 City 00 - Stot. 5..4 owns Va. 261. Po.166 /0aa«,�i a . cm. woo conmatn. m mem. mom by smog 4 dummy Camem. We 1C1X1041ii. of* am my db. yob, rue le .'a Isie**�a.. ions.• Mr. •• 404.rwra ne vs e�.SrM MO s%cmfmf�wmoim ebrionis. ow _ t w : `fir// o... �.. 4....4. =,( �_ Lig''./ I.s.z.. 220 emis s•a Iw ..o..s41 M. am rot wRs f * �'S / / = M _ _ _ e.m• .gym....of.,o. 622 i r l 4a%4.OM1 ... toVrf 1.:17 a.V m.I n. sot of. 000rrs4 - from .«. 74. w. n1. 4.500"~ c'7.71 50 B„v..m Pon sox. Po. xw - - e P a�'y5 {0411 �2Y+7». / 00 .2t JR JSIrE -15546 O,.rin e?j5.01 - / 3o7 - T - 1 - ---- � Lot 4 Block 1 3659 « 1 .I / 1 1 // // / / \ to /fknia / / / / Chimney Hill Retoil Plozo Subdivision / / / / / / tu.1�I / / \atly/E \g�\ jK 3354 / \ / / 343u'9.r50w50 '/ %7°-'0V , , 00W r /'\ /I, S SYSoor. 5-9•Y'"* / V d0'0 / / 4 39'30'92220 / ; \ tit 1 1 7.189 acres ( \ rrrz'� 4-1 f,ff:f / / 42'10'06' 112 30' 45416'55 NI/ NO a Saw mi fa. 1 \ \ 1 _ - 1�! \ \1 N:p0 5_ - s .n5v Vol. 807, Pg. 543 . 1 \ (cot only loo . 3. 4) Lot 3 Block 1 39233 « f� 1 I \_ - Mo �- j xs I \ I I I I I \ City of College scolio . Texas \ 1 Lots 1. 3 ono 4 a. 6853. V9. 69 I 1 t Mem mom Maini yob. m S43 411.1 --± 1 - r ns - - - -\7a n5i4un1 305.31 7.59.3' 420u 45.16'55 F.M. 60 - University Drive - ,00004-.4406 Public Right -of -Bay..a. 261. pg. 311 (0554 to Stas) - I \ e1 1.69' 3702'31 '81 1.4 • Lot 1 Block 1 879. 1.2.16 471,77 ;; 1 at 0.763 acres rl� 0 10 20 30 October 2013 60 100 ft eonngs ore 7>, Sv. Can.!1.083(CORS)ten1.083(CORS)co6st 0 ee..a.... So. on 06 of and IAS a monuments I a,a. 122 (4 .4,50.C) lao/' ,,..,1a 1.9.7 Oescr4tion o1 Pmowty: Lot 2. Bbd I0M EYtir4 my Bill Retail Plaza Su6a.i.ia., 1n 41. xk6.0 Co. league. obs trod Cote, Station. Brazos coasts. T. 5 a ant. w plot moon ] m. 705. tog. 621 a 806 01441 Mco.a of Brazos County. ie. Lots I. 3 0 .. Bbd 1 4R R al Rom Subdivision. 10 ens 06.00.. ata b College Station. Brazos Count. T4 M 4.0 Ey Mat ms 502. 025 543 of ens 0fbb1 limo.Js a1 Brazos County Tmos. aai..7° 64154.0 A (Loc 2 II, Block 1 ono) « r it J or: Hill ^y Retoil Plozo 9 Subdivision Vol. 705.Pg. 621 City ofnCollege Statile ,ro.7500 acre. 1. 692. Pg. 98 I uot31.52•29,1 00 3600 .e..+..1. 58. 31 .ve. m V. 4Porli �4,,..01 u +�wVoll. 673. Po. .1 Teo SEE PAGE 2 FOR SURFACE FEATURE. UTILITY AND IMPROVEMENT LABELS