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HomeMy WebLinkAbout2009V8987P8Doc Bk Vol Fs 01021875 OR 8987 8 CAUSE NO. 501-CC -07 1„ CITY OF COLLEGE STATION, TEXAS § IN THE'baubm Y_.0 —� _© g § _._(TCLDC:K 6A vs. § AT LAW NO lOrtIN MC 0 U E E N § CC1UfATY CLERK RICHARD T. BRITTEN AND § D'ANNE R. JOHNSON § BRAZOS COUNTY, T EIN A S AGREED FINAL JUDGMENT ON SPECIAL COMMISSIONERS' DECISION AND AWARD IN ABSENCE OF OBJECTION BE IT REMEMBERED that it came on to be heard in the above -captioned and numbered cause, and thereafter came the Plaintiff, CITY OF COLLEGE STATION, TEXAS ("Plaintiff'), in person and by and through its attorneys of record, and came the Defendants, RICHARD T. BRITTEN and D'ANNE R. JOHNSON ("Defendants"), in person and by and through their attorneys of record, and said parties announced that they had settled the controversies and matters described in the above -captioned proceeding. The parties, both Plaintiff and Defendants, stipulate to the entry of an Agreed Judgment on the Special Commissioners' Decision and Award in the Absence of Objection, and accordingly stipulate and agreed to the following as part of the judgment of this Court: (1) Plaintiff is vested with the power and right of eminent domain; (2) That a public necessity exists for the acquisition of three easements — (1) a 1.956 acre (85,221 sq. ft.) permanent public utility easement, (2) a 1.956 acre (85,214 sq. ft.) temporary easement and (3) a 0.06 acre sanitary control easement of sizes and at the locations described in Exhibits "A", `B" and "C" attached hereto and incorporated by reference, for the construction and operation of a public utility line for a public purpose, a temporary construction easement for the public utility line construction, and a sanitary control easement for the public's use; ar Ow tams 1193410.1/009657.000017 1 (3) The City of College Station, Texas has complied with the Statutes and Texas Constitution authorizing this proceeding; Doc B+. Vol Fs 01021875 0R 8987 9 (4) That bona fide negotiations between the Plaintiff and Defendants were attempted by Plaintiff prior to filing this petition herein, and that any objection has been waived by Defendants regarding good faith negotiations by Defendants' appearance, presentation of evidence and argument at the Special Commissioner's hearing held in this cause; and (5) That the amount of just compensation to which the Defendants were entitled for the property taken and damages, if any, to the Defendants' remaining property was Eight Thousand Forty Dollars ($8,040.00), which amount has been paid to Defendants by Plaintiff pursuant to settlement of the controversies between them in the above -captioned proceeding. It is therefore ORDERED that Plaintiff have and recover from Defendants (1) a 1.956 acre (85,221 sq. ft.) Permanent Public Utility Easement, (2) a 1.956 acre (85,214 sq. ft.) Temporary Construction Easement, and (3) a 0.06 acre Sanitary Control Easement with the size and locations described in Exhibits "A", `B", and "C" attached hereto and incorporated by reference, the Permanent Public Utility Easement being for the construction and operation of a public utility line for a public purpose, a Temporary Construction Easement for the permanent utility lines construction for a public purpose and a Sanitary Control Easement for the public's use, together with the right of ingress and egress to and from said easements from existing roads, passageways and bridges and at points where the Permanent Public Utility Easement, Temporary Construction Easement and Sanitary Control Easement intersect or join the outside boundary lines of the Defendants' tract out of which the Permanent Public Utility Easement, Temporary Construction Easement and Sanitary Control Easement are taken. It is further Dl„, L �, ,.. 4:0t1NTY OF MAZOS The ng u a true and oared eoPY n dw e apiwa m fife and wcaded to Ilia appepUft naoide d 8rfoe, Tan �C TiwlaYy auffifi, anC-- :. .+,.061 D 1193410.1/009657.000017 2 M�'awt Doc 8k VD" py ^' 01021875 6R 8487 10 ORDERED that the Permanent Public Utility Easement shall be an exclusive easement in the tract described in Exhibit "A" attached hereto (the "Permanent Public Utility Easement') for the purpose of laying, constructing, maintaining, repairing and replacing the public utility line and related appurtenances in, upon, over, under, through, across and along the Permanent Public Utility Easement (collectively the "facilities") and Plaintiff shall have all the rights and benefits necessary and convenient for the full enjoyment or use of the Permanent Public Utility Easement, and that the Defendants shall retain and reserve all the other rights and benefits regarding the use of the Permanent Public Utility Easement that do not interfere with the Permanent Public Utility Easement. It is further ORDERED that the Temporary Construction Easement depicted in the drawing made part of Exhibit "B" attached hereto (the "Temporary Construction Easement') shall be used, should the Plaintiff find it necessary, for construction, personnel and equipment access, and the storage and maneuvering of equipment, pipe, supplies and fill material and other related construction resources during the initial construction of the public utility line to be located in the Permanent Public Utility Easement described in Exhibit "A", and that Plaintiff shall return the temporary construction easement area to its original condition or as close thereto as is reasonably possible within a reasonable time after the public utility line construction is completed in the Permanent Public Utility Easement, and the Plaintiff shall have all rights and benefits necessary convenient for the full enjoyment or use of the Temporary Construction Easement sought herein and the Defendants shall retain and reserve all other rights and benefits regarding the use of the Temporary Construction Easement that do not interfere with the Temporary Construction Easement. It is further TM c wOF ^MLWrYW ZOS u a aus and earoct a w"OW orn 7fiN rbYead116, S — 3 — (o�q Ig' 1193410.1/009657.000017 3 I� Doc Bk Vol ps 01021875 DF 9987 11 ORDERED that the Sanitary Control Easement depicted in the drawing made a part of Exhibit "C" attached hereto ("Sanitary Control Easement') is prohibited to be used as follows and the Plaintiff shall be entitled to go upon such property to prevent or abate such use as: (a) cesspool; (b) septic tank or septic tank open jointed drain fill; (c) sewage treatment plant; (d) sewage wells; (e) sewage pumping stations; lw caft low 13 2Vs Sty C� ToYns (f) drainage ditches with industrial waste discharges or waste from sewage treatment systems; (g) animal feed lock; (h) solid waste disposal sites or landfills; (i) lands irrigated by sewage or effluent; (j) any other facilities that might create a danger of pollution to the water that is to be produced. from the well to be located in the center of the circular area depicted in Exhibit "C" ("Prohibited Uses"); and The Plaintiff shall have all ,the rights and benefits necessary or convenient for the full enjoyment of this Sanitary ControlEasement, and Defendants shall retain and reserve all other rights and benefits regarding the use of Sanitary Control Easement area outside of the Prohibited Uses. It is further ORDERED that Plaintiff has the right to excavate soil from the Permanent Public Utility Easement as may be necessary for this public utility line construction and maintenance, and to bring and operate all such machinery and equipment as deemed necessary and convenient for 1193410.1/009657.000017 4 Doc Bk Vol P9 01021875 OR 8987 12 such purposes, as well as to dispose of such soil excavated from the Permanent Public Utility Easement as may be necessary. It is further ORDERED that the Plaintiff has the right to install communication facilities and equipment to serve the public utility line placed with the Permanent Public Utility Easement and its related system as deemed necessary and convenient for the operation of such public utility line and its related system. It is further ORDERED that no buildings, structures or other improvements or obstructions other than those provided for herein shall be placed on, over or through or across the Permanent Public Utility Easement, and Plaintiff shall have the right to remove from the Permanent Public Utility Easement any trees or brush, and any and all natural man made obstructions which may hinder or interfere with Plaintiff's use of said Permanent Public Utility Easement for the purposes stated above, except, as especially provided, however that Defendants shall have the right to place across the Permanent Public Utility Easement, but not along the length of said Permanent Public Utility Easement, bridges, electric lines, telephone lines, water lines, sanitary and storm sewer lines and other similar utility lines which do not damage, destroy, injure or interfere with the use of the Permanent Public Utility Easement for public utility line purposes. It is further ORDERED that Plaintiff shall repair, restore or replace as may be required all the roads, bridges, passage ways, and fences on Defendants' land damaged, removed or destroyed as a result of Plaintiff's original construction operation in and on the Permanent Public Utility Easement and the Temporary Construction Easement. It is further ORDERED that Plaintiff, as consideration for the Permanent Public Utility Easement, Temporary Construction Easement and Sanitary Control Easement, pursuant to the Special Commissioner's Award and the Parties' agreement, pay to the Defendants and the Defendants u_ is WCWdWd_ M die IPF IS 1193410.1/009657.000017 5 rAoft owft a 3 Doc M, Vol P9 01021875 OR 9987 13 shall have judgment for just compensation and damages awarded herein against Plaintiff in the amount of Eight Thousand Forty Dollars ($8,040.00). It is further ORDERED that Plaintiff, having paid to Defendants the amount of the Special Commissioner's Award to the order of Defendants, has satisfied this judgment of just compensation and damages as provided herein. It is further ORDERED that all administrative and judicial costs incurred herein are taxed against the Plaintiff and upon payment of such costs, all bonds and sureties required by law to be posted herein shall be released and discharged. This is a Final Judgment. All relief not expressly granted herein is denied. SIGNED this 1Z day of �( 1— 12009. 4w r� JU1�. G RE IDG AGREED TO AND REQUESTED FOR ENTRY: COATSa'u( �G� By: Daniel F. Shank State Bar No. 18090400 3 Greenway Plaza, Suite 2000 Houston, Texas 77046 (713) 651-0111 (713) 651-0220 (facsimile) ATTORNEY FOR PLAINTIFF, THE CITY OF COLLEGE STATION, TEXAS 1193410.1 /009657.000017 ri M %ZOSM CWA -z- U-1 n+ Poi_ 8k Vol Pe 01021975 OR S987 14 JACKSON WALKER By: Edward C. Small State Bar No. 18515000 100 Congress Avenue, Suite 1100 Austin, Texas 78701 Tel: 512.236.2370 Fax: 512.236.2002 ATTORNEY FOR DEFENDANTS, RICHARD T. BRITTEN and D'ANNE R. JOHNSON Y/M" M I 1 L*Z 1 Da IGUPIUN111iQ01WA Doi_ 8k Vol Pe 01021875 OR 8987 15 3 LANDTECH CONSUL] Civil Engineering • Laud June 26, 2008 Rev. June 26, 2008 Page 1 of 2 BEING A 1.956 ACRE (85,221 SQUARE FOOT) TRACT OF LAND IN THE THOMAS WEBB SURVEY, ABSTRACT NUMBER 240 AND BEING A PORTION OF A CALLED 165.00 ACRE TRACT OF LAND DESCRIBED IN A DEED TO D'ANNE R. JOHNSON RECORDED IN VOLUME 1306, PAGE 259 OF THE BRAZOS COUNTY DEED RECORDS, SAID 1.956 ACRE (85,221 SQUARE FOOT) TRACT OF LAND BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: (Bearing orientation is based on the Texas State Plane Coordinate System, Central Zone, North American Datum of 1983.) COMMENCING at a TxDOT concrete monument found for the northwest corner of said 165.00 acre tract and being at the intersection of the southeast right-of- way line of Britten Road (variable width, as occupied, no deed found) and the southerly right-of-way line of Sandy Point Road (FM 1687) (80 feet wide) as defined per Texas Highway Department (TxDOT) plans dated March 7, 1952, CSJ Number 1560-1-2; THENCE, South 42' 04' 28" West, along the common line between said 165.00 acre tract and said Britten Road, a distance of 34.46 feet to the northwest corner and POINT OF BEGINNING of the herein described tract; THENCE, South 69' 11' 29" East, a distance of 555.15 feet to an angle point; THENCE, South 69' 02' 30" East, a distance of 348.94 feet to an angle point; THENCE, South 69' 52' 09" East, a distance of 367.37 feet to an angle point; THENCE, North 65' 06' 00" East, a distance of 64.49 feet to an angle point in the southerly right-of-way line of said Sandy Point Road (FM 1687); THENCE, South 690 54' 00" East, along the southerly right-of-way line of said Sandy Point Road (FM 1687), a distance of 1504.87 feet to point for the northeast comer of said 165.00 acre tract and the northwest corner of a called 9.15 acre tract of land described in a deed to Richard T. Britten recorded in Volume 283, Page 232 of the Brazos County Deed Records; Landtech Consultants, Inc. Job No. 02-1-0186 Drawing No. 0210186:dwg EXHIBIT M0210186Parcel8rl-Paul - 2525 North Loop West, Suite 300 • Houston, Texas 77008-1094 • Tel: (713) 861-7068 • Fax: (713) 861-4131 Dom_ Bk Vol F9 01021675 OR 8987 16 Parcel No. 8 Rev. June 26, 2008 Page 2 of 2 THENCE, South 42' 22' 42" West, along the common line of said 165 acre tract and said 9.15 acre tract, a distance of 32.42 feet to a point for the southeast corner of the herein described tract; THENCE, North 69° 54' 00" West, a distance of 1480.15 feet to an angle point; THENCE, South 65° 06' 00" West, a distance of 64.50 feet to an angle point; THENCE, North 69' 52' 09" West, a distance of 380.03 feet to an angle point; THENCE, North 69' 02' 30" West, a distance of 349.12 feet to an angle point; THENCE, North 69° 11' 29" West, a distance of 566.78 feet to a point in the southeast right-of-way line of said Britten Road for the southwest comer of the herein described tract; THENCE, North 420 04' 28" East, along the southeast right-of-way line of said Britten Road and the west line of said 165.00 acre tract, a distance of 32.19 feet to the POINT OF BEGINNING and containing 1.956 acre (85,221 square feet) of land. Paul P. Kwan Registered Professional Land Surveyor Texas Registration Number 4313 June 26, 2008 A survey map was prepared in conjunction with this metes and bounds description. landlech Consultants, Inc. Job No. 02-1-0186 Drawing No. 0210186.dwg fn 0210186 Pa rce18 r1-Paul ORS lbaed weo in �ek AM exas '11rMwy aiMy. � " 2525 North Loop West, Suite 300 • Houston, 01 LANDTECH CONSULTANTS, INC. Civil Engineering • Land Surveying June 26, 2008 Doc 8k Vol Ps 01021875 DR 8987 17 Parcel No. 8A Page 1 of 2 BEING A 1.956 ACRE (85,214 SQUARE FOOT) TRACT OF LAND IN THE THOMAS WEBB SURVEY, ABSTRACT NUMBER 240 AND BEING A PORTION OF A CALLED 165.00 ACRE TRACT OF LAND DESCRIBED IN A DEED TO D'ANNE R. JOHNSON RECORDED IN VOLUME 1306, PAGE 259 OF THE BRAZOS COUNTY DEED RECORDS, SAID 1.956 ACRE (85,214 SQUARE FOOT) TRACT OF LAND BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: (Bearing orientation is based on the Texas State Plane Coordinate System, Central Zone, -North American Datum of 1983.) COMMENCING at a TxDOT concrete monument found for the northwest corner of said 165.00 acre tract and being at the intersection of the southeast right-of- way line of Britten Road (variable width, as occupied, no deed found) and the southerly right-of-way line of Sandy Point Road (FM 1687) (80 feet wide) as defined per Texas Highway Department (TxDOT) plans dated March 7, 1952, CSJ Number 1560-1-2; THENCE, South 42' 04' 28" West, along the common line between said 165.00 acre tract and said Britten Road, a distance of 66.65 feet to the northwest corner and POINT OF BEGINNING of the herein described tract; THENCE, South 690 11' 29" East, a distance of 566:78 feet to an angle point; THENCE, South 690 02' 30" East, a distance of 349.12 feet to an angle point; THENCE, South 69' 52' 09" East, a distance of 380.03 feet to an angle point; THENCE, North 65' 06' 00" East, a distance of 64.50 feet to an angle point; THENCE, South 69" 54' 00" East, a distance of 1,480.15 feet to point in the common line of said 165.00 acre tract and a called 9.15 acre tract of land described in a deed to Richard T. Britten recorded in Volume 283, Page 232 of the Brazos County Deed Records; THENCE, South 420 22' 42" West, along the common line of said 165 acre tract and said 9.15 acre tract, a distance of 32.42 feet,to a point for the southeast comer of the herein described tract; h I A I G U,. ar-W-, a Revised 6/26108 Landtech Consultants, Inc. Job No. 07-1-0260 Ref.: 86 { • �, . Drawinging n No. No.1896-D-2563 �'4M fn0210186Parce18A-2008 EXHIBIT b Texas 77008-1094 " Tel: (713) 861-7068 " Fax: (713) 861-4131 e- Ooc_ Bk Vol Ps 01021875 OR 8987 18 Parcel No. 8A Page 2 of 2 THENCE, North 690 54' 00" West, a distance of 1,455.44 feet to an angle point; THENCE, South 65' 06' 00" West, a distance of 64.51 feet to an angle point; THENCE, North 69' 52' 09" West, a distance of 392.68 feet to an angle point; THENCE. North 69' 02' 30" West, a distance of 349.34 feet to an angle point; THENCE, North 69` 11' 29" West, a distance of 578.38 feet to a point in the southeast right-of-way line of said Britten Road for the southwest corner of the herein described tract; THENCE, North 42' 04' 28" East, along the southeast right-of-way line of said Britten Road and the west line of said 165.00 acre tract, a distance of 32.19 feet to the POINT OF BEGINNING and containing 1.956 acre (85,214 square feet) of land. Paul P. Kwan Registered Professional Land Surveyor Texas Registration Number 4313 June 26, 2008 A survey map was prepared in conjunction with this metes and bounds description. Revised Consultants. #���a Landtech Gonsultanfs, Inc. Job No. 07-1-0260 NOMI Ref.:02-1-0186 Typ 3' Drawing No.1896-D-2563 ��„/, fn0210186 Pa rcel8A-2008 Doc Bk Vol Pe 01021875 06' 8997 19 FM Proposed Sanitary Control Easement Q'Anne Johnson Tract Thomas Webb survey A-240 August 2007 Brazos County, Texas '68 \\ so (SO'� d Y Of_ 010 °y Roo Existing Location of City of Conege Station y of City College Sta liar f gees Water wee NO. t (pump sha(t) Vol. 436, Pg. 422 w' "56. S 7"5J'05"F s tet GVslmo�. — I AI Brandt. Jr, and \ wile, Susan J. Brandt _ 12.00 acres '-- vol. 3819. Pg. 153 4 / ti P p0 e'',4 pJti4P yF,a a A/�cO Ca � 4�0 Joe Orr, Inc. S'urueyors t £nyina ,s 2167 Post Ook Circle o 0 30 60 120 Feet Bearings are 1e.os State Plane. w083(1993) datum, tsosed on Brazos Coanl2 CPS monuments BZ135 and 8L1.33 (N 35'20'24 Q. 41 emalinq eazamenls and ul-ccities are not shown on this plat. Sec separole metes and boards 6c160an prepared with this Plat. �� a Raw 04 / 9b `1tT e Proposed c' `<z Q`y� o`� Easement \ •� •0` °' 0 06 o ores EXHIBIT C O'Anne R. Johnson (portiol interest in) 165.00 oc. Vol- 1306. Pg. 259 also see: (partial interest in) 185.85 ac Vol. 1949. Pg. 304 (& others) Joe Orr, Inc. Doc 8k Vol Pa Surveyors & Engineers 01021875 OF 8987 20 2167 Post Oak Circle College Station, TX 77845 (979) 690-3378 Proposed Sanitary Control Basement D'Anne R.Johnson Tract Thomas Webb survey A-240 Brazos County, Texas August 7, 2007 All that certain tract or parcel of land lying and being situated in the Thomas Webb survey, Abstract No_ 240 in Brazos County, Texas, being a part of that 1.65 acre tract partial interest of which was conveyed to D'Anne R. Johnson by deed Volume 1306, Page 259 of the Official Public Records of Brazos County, Texas being a portion of circle of 155 foot radius centered on the City of College Station Water Well No.l and being more particularly described as follows: Commencing at the center of the said City of College Station Water Well No. l in that 1.01 acre tract conveyed to the.City of College Station by deed recorded in Volume 436, Page 422 of the -Deed Records of Brazos County, Texas, from where GPS monument BZ136 bears S 81.0 35' 34" W — 1.2956.4'_ Thence S 799 53' 05" E — 155.00 feet along the radius of said circle to the Point of Beginning of this casement on the northwest line of the said Johnson 165.00 acre tract, at a point from where a.concrete monument found at the north corner of the said Johnson tract in the southwest line of F.M. 1687 (Sandy Point Road) bears N 42' 49' 45" E — 96.9 feet; Thence along the are of said circle in a clockwise direction through a central angle of 65' 25' 41" through the said D'Anne, Johnson tract back to the northwest line of same; Thence N 420 49' 45" B — 167.54 feet along the northwest line of the said Johnson tract to the Point of Beginning and containing 0.06 acres of land more or less. Bearings are Texas State Plane, NAD83(1993) datum, based on Brazos County GPS monuments BZ136 and BZ133 (N 35' 20' 24" E). See sure ey Plat dated August 2007. Doc Bk Vol Fe 01021875 OR 9987 21 Filed for Record in: BRAZOS COUNTY On: Mar 05t2OO9 at 10:55A As a NO LABEL RECORDING Document Number: 01021875 Amount 63.00 Receipt Number - 360806 Byt AFTER RECORDING, RETURN TO: Betts Rine Daniel F. Shank STATE OF TEXAS COUNTY OF BRAZOS Coats Rose Yale Ryman & Lee, P.C. I hereby certify that this instrument was 3 E. Greenway Plaza, Suite 2000 filed on the date and time stamped hereon be me and was duly recorded in the volume and ease Houston, Texas 77046 of the Off icial Public records of: BRAZOS COUNTY as stamped hereon b9 me. nor 05r2009 HONORABLE K.AREN MCOUEENY COUNTY CLERK. BRAZOS COUNTY A