LOCATION MAP:

ORDINANCE NO. _______

AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF THE FOLLOWING PUBLIC

RIGHT-OF-WAY, TO WIT: 3.148-ACRE PORTION OF PUBLIC STREET RIGHT-OF-WAY

FOR CONCORDIA DRIVE BEGINNING APPROXIMATELY 190-FEET SOUTSH OF ITS

INTERSECTINO WITH MIRAMONT CIRCLE, CONTINUING SOUTH 600-FEET THEN EAST

1,500-FEET, INCLUDING BENTLEY COURT AND CHINON COURT IN TRACT 2 OF

SECTION 7 OF MIRAMONT SUBDIVISION, IN BRYAN, BRAZOS COUNTY, TEXAS;

PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND

CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the owner of property located in Tract 2 of Section 7 of Miramont Subdivision, has

requested the abandonment of a 3.148-acre portion of public street right-of-way located within said

property; and

WHEREAS, during its regular meeting on April 4, 2019, the Bryan Planning and Zoning

Commission recommended approving a request to abandon a 3.148-acre portion of public street right-of-

way for Concordia Drive beginning approximately 190 feet south of its intersection with Miramont Circle,

continuing south 600 feet then east 1,500 feet, including Bentley Court and Chinon Court in Tract 2 of

Section 7 of Miramont Subdivision (case no. RA19-03), subject to the condition that a formal replat

encompassing all property which the applicant owns or will own after abandonment of this right-of-way

portion is filed with the City for recording; and

WHEREAS, pursuant to Texas Local Government Code 272.001(b)(2) the City of Bryan may

abandon streets or alleys to adjacent property owners for less than the fair market value; and

WHEREAS, the City Council of the City of Bryan, acting pursuant to law, deems it advisable to

abandon and convey this tract of land to the abutting property owner and is of the opinion that said land is

not needed for public use, and that same should be abandoned to the abutting property owner as hereinafter

provided; and

WHEREAS, the City Council of the City of Bryan is of the opinion that the best interest and

welfare of the public will be served by abandoning and conveying same to the abutting property owner;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

BRYAN:

1.

That all language contained in the preambles to this Ordinance shall be incorporated into the text

of the Ordinance as if set forth verbatim herein.

2.

That the following described tract in the City of Bryan, Brazos County, Texas be and the same is

hereby abandoned, vacated and closed insofar as the right and title of the public are concerned:

a 3.148-acre portion of public street right-of-way for Concordia Drive beginning

approximately 190 feet south of its intersection with Miramont Circle, continuing south

600 feet then east 1,500 feet, including Bentley Court and Chinon Court in Tract 2 of

Section 7 of Miramont Subdivision, said tract being described more particularly on

attached Exhibit “A” and depicted on Exhibit “B.”

3.

That the abandonment and conveyance provided for herein is made and accepted subject to all

present zoning and deed restrictions, if the latter exist, and all existing easements, if any, whether apparent

or non-apparent, aerial, surface, underground or otherwise.

4.

That the abandonment and conveyance provided for herein shall extend only to the public right,

title, easement and interest and shall be construed to extend only to the interest, which the governing body

for the City of Bryan may legally and lawfully abandon and vacate.

5.

That the abandonment and conveyance provided for herein shall not be completed until the City of

Bryan has approved and recorded a formal replat encompassing all property, which the applicant owns

and/or will own after abandonment of this public right-of-way.

6.

That this ordinance shall take effect immediately upon its first and only reading and passage.

PASSED, ADOPTED and APPROVED the 14th day of May 2019, at a regular meeting of

the City Council of the City of Bryan, Texas, by a vote of ___ yeses and ___ noes.

ATTEST: CITY OF BRYAN:

___________________________ ___________________________

Mary Lynne Stratta, City Secretary Andrew Nelson, Mayor

APPROVED AS TO FORM:

________________________________

Janis K. Hampton, City Attorney

EXHIBIT “A”:

METES AND BOUNDS DESCRIPTION

OF A

0.108 ACRE TRACT

BRYAN ORIGINAL TOWNSITE

BRYAN, BRAZOS COUNTY, TEXAS

EXHIBIT “B”:

EXCERPT FROM PLANNING AND ZONING COMMISSION DRAFT REGULAR MEETING

MINUTES OF APRIL 4, 2019:

2. CONSENT AGENDA.

a. Approval of minutes from the regular meeting on March 21, 2019.

b. Final Plat FP19-05: Miramont Subdivision - Section 7

Proposed Final Plat of Miramont Subdivision - Section 7, being 30.815 acres of land out of the

J.W. Scott League No. 10, A-49, located approximately 190 feet south of the intersection of

Miramont Circle and Tesori Drive in Bryan, Brazos County, Texas. (K. Williams)

c. Right-of-Way Abandonment RA19-03: Concordia Drive

A request to abandon a 3.148-acre portion of public street right-of-way for Concordia Drive,

beginning approximately 190-feet south of its intersection with Miramont Circle in Tract 2 of

the Miramont Subdivision - Section 7 in Bryan, Brazos County, Texas. (K. Williams)

Commissioner Beckendorf moved to approve the Consent Agenda. Commissioner Bush

seconded the motion, and the motion passed unanimously.

PLANNING AND ZONING COMMISSION

STAFF REPORT

April 4, 2019

Right-of-way Abandonment case no. RA19-03: Concordia Drive

CASE DESCRIPTION: a request to abandon a 3.148 acre portion of public street right-of-way for

Concordia Drive in Section 7 of the Miramont Subdivision

LOCATION: Concordia Drive beginning approximately 190-feet south of its

intersection with Miramont Circle, continuing south 600-feet then east

1,500-feet, including Bentley Court and Chinon Court in Tract 2 of Section

7 of Miramont Subdivision

APPLICANT(S): Adam Development Properties, LP

STAFF CONTACT: Katie Williams, Staff Planner

SUMMARY RECOMMENDATION: Staff recommends approving the requested right-of-way

abandonment.

DETAIL OF DRAWING, RIGHT-OF-WAY ABANDONMENT REQUEST:

RIGHT-OF-WAY ABANDONMENT REQUEST:

The applicant, Adam Development Properties, LP, is requesting abandonment of a 3.148-acre portion of

public street right-of-way for Concordia Drive, starting approximately 190-feet south of its intersection

with Miramont Circle, continuing south 600-feet then east 1,500-feet, including Bentley Court and

Chinon Court in Tract 2 of Section 7 of Miramont Subdivision

The right-of-way requested to be abandoned was dedicated by separate instrument in 2005. The owner and

developer plan to eliminate Bentley Court and Chinon Court, as well as rename the north/southbound

portion of the roadway Tesori Drive. Due to the extent of the revisions, the entire 3.148-acre tract of right-

of-way requires abandonment.

If the requested abandonment is approved by the City Council, the applicant will then be required to

integrate this tract with their ownership of the adjoining land by submitting and subsequently recording a

final plat. SDRC reviewed and approved the preliminary plan February 28, 2019, and the final plat on

March 20, 2019. The request will be considered by the Planning and Zoning Commission at their regular

meeting on April 4, 2019. Ultimate approval of the final plat will be subject to the City Council’s prior

approval of this request to abandon a portion of public street right-of-way for Concordia Drive.

3.148-acre tract requested to be

abandoned

Acting on behalf of the general public, only Bryan’s City Council is authorized to officially abandon all or

portions of rights of way dedicated for public use. The Planning and Zoning Commission hears and makes

a recommendation on proposals to abandon any such rights-of-way.

ANALYSIS AND RECOMMENDATION:

The rights-of-way requested to be abandoned will be functionally integrated with adjacent land and made

available for development. Abandoning the subject rights-of-way, will improve the smooth circulation of

vehicular and pedestrian traffic.

The Site Development Review Committee and staff recommend approving the request to abandon this

portion of public street right-of-way, subject to the condition that a formal plat encompassing all

property which the applicant owns or will own after abandonment of this right-of-way portion is filed

with the City for recording. Abandoning the subject right-of-way, as recommended, will allow this land

to be integrated with adjacent land and, therefore, be a more efficient use of adjacent land. Staff contends

that the recommended rearrangement of land will have the most likely long-range public benefit.