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Home My WebLink About2015-3692 - Ordinance - 08/27/2015 ORDINANCE NO. 2015-3692 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.46 ACRE PORTION OF RIGHT-OF-WAY SITUATED IN THE S.W. ROBERTSON SURVEY, ABSTRACT NO. 202 BRAZOS COUNTY AND BEING A PART OF A CERTAIN CALLED 1.129 ACRE TRACT KNOWN AS TECHNOLOGY WAY AS DESCRIBED IN A PLAT RECORDED IN VOLUME 3764, PAGE 130, OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, The City of College Station, Texas, has received an application for the vacation and abandonment for a 0.46 acre portion of Right-of-Way Situated in the S.W. Robertson Survey, Abstract No. 202 Brazos County and being a part of a certain called 1.129 acre tract known as Technology Way as Described In A Plat Recorded In Volume 3764, Page 130, 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, this abandonment is subject to the conditions in Economic Development Agreement 14-429 between the City of College Station and StataCorp, LP; 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. a. Abandonment of the Right-of-Way will not result in property that does not have access to public roadways or utilities. b. Other than is set forth herein, there is no public need or use for the Right-of-Way. Technology Way Right—of-Way Abandonment Page 2 of 4 c. Except as may be provided for in this ordinance, there is no anticipated future public need or use for the Right-of-Way. d. 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. e. Utility infrastructure exists within the Right-of-way and the City has a continuing need for currently remaining public utilities to 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; provided the conditions of the Economic Development Agreement 14-429 between the City and StataCorp, LP are satisfied. Specifically, StataCorp receives building permits for the "Business Facility" within five (5) years of the effective date of the Economic Development Agreement 14-429 between the City and StataCorp, LP or this Ordinance will expire and terminate making the Right-of-Way abandonment null and void. PART 3: That the Right-of-Way as described in Exhibit "A" be abandoned and vacated by the City; provided a. The City shall not abandon and retain and a public utility easement on the abandoned Right-of-Way. b. The pavement will remain in place until a City approved and permitted turn-around is constructed, signage is installed the end of the pavement, and associated street lights are removed, all at StataCorp's expense. Technology Way Right—of-Way Abandonment Page 3 of 4 PASSED, ADOPTED and APPROVED this ,0 ill day of attr , 2015. APPROVED: Mayor 0 cI ATTEST: IVVL--1,44, City Secre ary APPROVED: Aity Attorney Technology Way Right—of-Way Abandonment Page 4 of 4 Exhibit "A" FIELD NOTES ABANDONMENT OF PUBLIC RIGHT OF WAY 0.46 OF ONE ACRE OUT OF TECHNOLOGY WAY CALLED 1.129 ACRE TRACT VOLUME 3764, PAGE 130 S.W. ROBERTSON SURVEY, A-202 BRAZOS COUNTY, TEXAS DECEMBER 9, 2014 All that certain lot, tract or parcel of land being 0.46 of one acre situated in the S.W. ROBERTSON SURVEY, Abstract No. 202, Brazos County, Texas, and being a part of that certain Called 1.129 acre tract known as Technology Way as described in plat of record in Volume 3764, Page 130, Official Records of Brazos County, Texas, said 0.46 of one acre being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" Iron Rod set for the most westerly corner, said corner being located in the northwest line of said Called 1.129 acre tract, said corner also being located in the southeast line of the Stata Corporation Called 8.00 acre tract being Lot 2, Block 4, The Business Center at College Station, Phase 2 as described in Volume 3506, Page 182, a 3/4" Iron Pipe in Concrete found in the northwest right-of-way line of Technology Way bears S 23°23'50"W a distance of 106.79 feet; THENCE N 23°23'50" E, along the northwest line of said Called 1.129 acre tract and the southeast line of said Called 8.00 acre tract a distance of 137.85 feet to a 1/2" Iron Rod with Cap found for a point of curvature of said 1.129 acre tract, said corner being a south corner of the Statacorp, LP Called 8.923 acre tract being Lot 1R, Block 4, The Business Center at College Station, Phase 3 as described in Volume 11884, Page 1; THENCE continuing along said northwest line of 1.129 acre tract around a curve in a counterclockwise direction having a delta angle of 35°57'01", an arc distance of 31.37 feet, a radius of 50.00 feet, and a chord of N 05°25'23" E, a distance of 30.86 feet to a 1/2" Iron Rod with Cap found for a point of reverse curve of said 1.129 acre tract; THENCE continuing along said northwest line of said 1.129 acre tract around a curve in a clockwise direction having a delta angle of 251°54'04", an arc distance of 241.81 feet, a radius of 55.00 feet, and a chord of S 66°36'10" E, a distance of 89.05 feet to a 1/2" Iron Rod with Cap found for a point of reverse curve of said 1.129 acre tract; THENCE continuing along said southeast line of said 1.129 acre tract around a curve in a counterclockwise direction having a delta angle of 35°57'02", an arc distance of 31.37 feet, a radius of 50.00 feet, and a chord of S 41°22'21"W, a distance of 30.86 feet to a 1/2" Iron Rod with Cap found for the point of tangency of said curve; THENCE S 23°23'50"W, along the southeast line of said Called 1.129 acre tract and the northwest line of said Called 8.923 acre tract a distance of 137.85 feet to a 1/2" Iron Rod with Cap set for the most southerly corner, a 5/8" Iron Rod with Cap found in the southeast right-of-way line of Technology Way bears S 23°23'50"W a distance of 106.80'; THENCE N 66°36'10"W, a distance of 70,00 feet to the PLACE OF BEGINNING CONTAINING AN AREA OF 0.46 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground during the month of November, 2014 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under Firm No. 10093500, North Orientation is based on rotating the southeast line of 1,129 acre tract to Plat Calls in Volume 3764, Page 130. For other information see accompanying plat. Ak 1\•\ P 4 ..iRf S )\O Po 9t a s /• Vi; 'if 1722 Broadmoor, Shite 105 ' `, -• TRONG Bryan, Texas 77802 = , it r U RVEYI NG Phone (979) 7776-9836 _ N Fax (979) 7310096 NOTES: _V Firm No. 10093500 email' curtlsostrongsurveying.com (� North orientation is based on rotating the The City of College Station �11 Southeast line of 1.129 acre tract to plat Lot 2R, Block 4 SCALE: 1"=100' The Business Center at College Station, Phase 3 30.275 Ac. /y calls in Volume 3764, Page 130, • Indicates a 1/2" Iron Rod w/Cap Found 11640/99 / / P AL=241.81' /`- R=55.00' A=251'54'04" - 40' Building Setback Line AL=31,37' CL=89.05' " (3764/130) R=50.00' CB=S 66'36' 0.2--E,- A=35'57'01" CL=30.86' — --� 4'''',. Abandonment CB=N 05'25'23" E / of 7/ ,q � --- Public Right-of-Way 0.46 Acres Stata Corporation, a Texas Corporation Lot 2, Block 4 1 The Business Center at College Station, Phase 2 AL=31.37' 8.00 Ac. R=50.00' 3506/182 A=35'57'02" CL=30.86' LINE TABLE // / CB=S 41'22'21" W LINE BEARING DISTANCE �` L1 N 23'23'50" E 137.85' // ,� -1/2" Iron Rod Fnd, L2 S 23'23'50" W 137.85' `` L3 N 66'36'10" W 70.00' / 4 / STATACORP, LP, a Texas limited partnership Lot 1R, Block 4 / // The Business Center at College Station, Phase 3 / 8.923 Ac. Set 1/2" Iron Rod w/Cap -" -~4' / 11884/1 S 23'23'50" W 106.79' --_____L- ., ,1 =_ Set 1/2" Iron Rod w/Cap 1 / X In Conc. 50' X 100' �' �'"� Joint Access Esmt. 3/4" Iron Pipe--,L , (3764I130) y w/Conc 1► iri,o4rifirvilorp,f- . k � �� ► � P S 23'23'50" W 106.80' ----- n /� ck',,� - 5/8"" Iron Rod w/Cap // N,..4o �// Board of Regents o ,� The Texas A&M University System Block 4 / co r/i/ The Business Center at College Station, Phase 3 io o M 14.50 Ac. ,/,R9 � ,'`N 4207/252 4 404, `,�/ ABANDONMENT OF / _� / • PUBLIC RIGHT-OF-WAY i/�e�'~� ft AS ,' i' k••+ 0.46 OF ONE ACRE / It .: � ', OUT OF G � ,,i� .; . • ; ; .y # •. u, c 4 . r of TECHNOLOGY WAY - �� ^'a // � ' et.*0 VOLUME 3764, PAGE 130 �c�d�y•al d- 6U `a �NN, �Or�L e S.W. ROBERTSON SURVEY, A-202 •�� BRAZOS COUNTY, TEXAS SCALE 1"=100' NOVEMBER 3, 2014