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Home My WebLink About2014-3585 - Ordinance - 06/26/2014• • 0 ORDINANCE NO. .U/I,1 —35 e?,5 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; • 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 Cue then this Ordinance will automatically be null and void, and the PUEs will not be abandoned. PASSED, ADOPTED and APPROVED this 26 day of APPROVED: , 2014. Mayor ATTEST: APPROVED: ity Atto ey UTILITY EASEMENT DATE: DECEMBER 15, 1994. GRANTOR: CHIMNEY HILL PROPERTIES, LTD. GRANTORS MAILING ADDRESS: P.O. Box 105 Beverly H GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 7Y Uzi : .v..� County CA 90213 1101 Texas Avenue Brazos County College Station, Texas 77842 CONSIDERATION: Ten Dollars 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 Lots 3 and 4, Block 1, of Chimney Hill Retail Plaza Replay recorded in Volume 807, Page 543, of the Official Records of Brazos County, Texas, which is the same tract conveyed to Chimney Hills Properties, Ltd., by deed recorded in Volume 1644, Page 186, of the Official Records of Brazos County, Texas, and being more particularly described by metes and bounds in the attached Exhibit "A"; provided, however, that this conveyance shall grant the rights herein specified only as to that portion of the above-described property and any additional area outside the easement area necessary to install and attach equipment, guy wires, and anchors necessary and incident to the uses of the Easement Area to erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify and remove the following: Electric transmission and distribution lines; Water lines and sanitary sewer lines, connecting lines, access facilities, and related equipment; Storm sewers and collection facilities; Television, telephone, and communications lines; Drainage ditches, drainage pipes and all other drainage structures, surface and subsurface; upon, over, and across the said PROPERTY as described and any ways, streets, roads, or alleys abutting same; and to cut, trim, and control the growth of trees and other vegetation on and in the easement area or on adjoining property of GRANTOR, which might interfere with or threaten the operation and maintenance of any public utility equipment, accessories, or operations. It being understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of GRANTEE. GRANTOR expressly subordinates all rights of surface use incident to the mineral estate to the above described uses of said surface by GRANTEE, and agree to lender's subordinations on behalf of GRANTEE. GRANTORS will provide GRANTEE with the names and addresses of all lenders. 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 It/deaumenfchimney2 11/09/94 voL 2370 rtz 308 EXHIBIT "A 2ofy-35f3 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. -TEXAS STATE OECALFQRNIA COUNTY OF -3QZo.S CHIMNEY HILL PROPERTIES, LTD. err -AAF -X-4-6 4 BY: r - Print-: :me: r Title: Q.O3 7,14rx1 ACKNOWLEDGMENT This instrument was acknowledged before me on this j. dax of 1994, by LEDr,Ct rd -RDS S as f {-e S Ka`, r�j for CHIMNEY HILL PROPERTIES, LTD., on its behalf. Genexk2ftne!- 11/09/94 GLORIA J. CERVEHKA Notary Puh:c Sac c; Texas My Commtssio,, E tires DECEMBER 12. 1997 - 2 - Notary Public in d for the State of Texas VOL 23.70P41:109 :IL ' I: EXHIBIT "A" Joe Orr, Inc.Sunryors & Engine,' 2167 Post Oak Circle College Station, Texas 77845 (409) 690-3378 20' Utility Easement Chimney Hill Properties Tract Lots 3 & 4 Block 1 Chimney Hill Retail Plaza Richard Carter League College Station, Texas 30 September 1994 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 Lots 3 and 4 Block I of Chimney Hill Retail Plaza Replat recorded in Volume 807, Page 543 of the Official Records of Brazos County, Texas, which is the same tract conveyed to Chimney Hills 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: Beginning in the northwest line of University Drive at the common corner of Lots 2 and 3 of Block 1 of the said Chimney Hills Retail Plaza. Thence S 58° 02' 31" W - 171.89 feet along the northwest line of University Drive to an angle point; Thence S 47° 59' 39" W - 30S.31 feet, continuing along the northwest line of University Drive, to an angle point; Thence S 45° 16' 55" W - 159.30 feet, continuing along the northwest line of University Drive, to an. angle point; Thence S 42° 10' 06" W - 6.45 feet, continuing along the northwest line of University Drive, to the northeast line of an existing utility easement; Thence N 48° 28' 37" W - 20.00 feet along the northeast line of the said utility easement; Thence through the said Lots 3 and 4, parallel to and twenty feet from the northwest line of University Drive as follows: N 42° 10' 06" E - 7.22 feet to an angle point; N 45° 16' 55" E - 160.32 feet to an angle point; N 47° 59' 39" E - 310.54 feet to an angle point; N 58° 02' 31" E - 173.65 feet to the line between Lots 2 and 3; Thence S 31° 57' 29" E - 20.00 feet along the line between Lots 2 and 3 to the Point of Beginning and containing 0.30 acres of land more or less. ?370%E. 310 An..ro 2.06 Plot of 90441rot 8 08:.92 n , Po . ^a. 249 My or Conga Station YO zsi. An. tee '. ,w4 +w mtrtri or Po �0 i 4...t�. `i•er,.89— 2.r.=s. iw , Wn r1 a. non ww•F w r r.+� ~w_ .a fG w. 4 �s. s� :ems �re so no. 82 08 . ti w... r no op 8 So Pe es, �#4 • .�.e r ,� .�.. 1 1 �� M 2.1 0 4. nFws rw. / ugym.. w4. r ... w n•. •.Ply ...m.n. lass w ti M c .1. 9.9^.. M w ..nnr�rer .V,.4wr�+�'.7.y Iinrin.�"w.,r'9 /. '/ u .:µ w Poo wvi wi..w .amu,. r nn. � .• www .ar' w�. 1 rMY wrr n�u �ir0-�l(Nrnl ri w. �( �' sr ir.l. �w+e w �sw1 �� rq �i 'gr - Pa wT. • �.� / L� / s ww4wr�r rw. r w•..NV „1.,w. ri. c w . / ,w-:�.... — mm.mr om mt . rem m 2.8 »..0 ._ ,a,. , rw 14.91. Pl 41,. / / / .10. sp. ere. poops no preo no poesy po Ps Pero Pet Mnw 992rw1,. 2.1 9row Ya. Po. N e,e,,,geort cfs 0 d+ / o // / / .0.. / 4 / r; / r f;e • 84 / Epi 0000.; EZ/. l, h01213: / T /-/ was / — _ ....4 / / / \ \ / / 1 \ / // / / i�\ / /94\ / // \i \ �// // �\ )i 4 ..'i�"// 7.189 acres V' \ / / / / Chimney Hill Retail Plozo Subdiviion\ Vol. 807. Pg. 5e : \ \ n nl / / \;o\ I / / \a#.\ \1 \3c\ j" \^ \ / / \I))l1 / / /5 /9 39 931 �y /\ �/ s swzzr' 0p' / V \. 4/ tel Hp/ Lot 4 Block 1 1.31339 .9. _/ t �T 36.1 I I _ �s'..8: 044_,/ 4 \ \ I—T---- W 1 ' L Lf� — il /fee / -- $I- 1 \ \ / I 14..00' — r 0142'. n..3v31'2�'� 01.00' S `to • —Ili —_ 1\ I\ I1 0. il\ I 1 I \ I 1\I\ \I I \I\\ I 1\ \ \t 4i\ I\ I I I\ 11 iq ; I I \!\ I tri , , , 1 l� . sir- -f -1 jIg 1 �.. _-I-1" I z Nr1 I; Y. 10,763 acres IP► $ k� 1F 11 Block 1� I 311« Chimney Hill Retail Plaza ki Subdivision Vol 705,Pg. 621 Lot 1 Block 1 9194 m '. 3a Lot 33 \ I l sits Block I tee, 39233 to \ I City of cu98g. Station. Tinos \ I Lots. I. 3 ona 4 wok 8853. pg 89 Pope beep Ws* oft Mff_Rd, \ \ i 0 10 20 30 GO 100 41 Gprings aro FY Slab Mono. Cont. City al CS MS moral nutaunnen19 City of C0114190 Station 1 0.7500 ocres ' 31•37129.111 ret :et 31 F.M. 60 — University Drive - raciabie-eridei Public 119,21 -of -gray. rot MI, 09. 311 Of* 510110 - pep Lager 0•4441, se Property. Lot 2. Block 1 of Our Chimney PP ROM Plata P Cob, Motion. 8nettor County. 9sitoe. 04 Mew,* by rat rocordisa In volveno 703. Mg. 031 Miair Roam% ad Sinn. Coon9. Lob 1. 3 and 4. Moen 1 of Me Cherenery 1191 Retail Plata Sunandsion. in Op Richard Carlo. Popp. onstroc1 no. in Cob, Station, (rasp County. tiros, as OsocnOtO by Pot nemetbel P perm 807. 4.494 943 of One 081410 Rene. of Groom County, Spas. Pew. of Lob 1.95.0437 DS V. It bbkittort Lot 8.1.1ortY Pon Section T. SEE PAGE 2 FOR SURFACE FEATURE. UTILITY AND IMPROVEMENT LABELS