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Home My WebLink About11-09-23-9.3 - Resolution - 11/09/2023RESOLUTION NO. 11-09-23-9.3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING THAT A PUBLIC UTILITY EASEMENT CONTAINING APPROXIMATELY 0.449 ACRES OF LAND IS NEEDED AND NEEDS TO BE ACQUIRED FROM CLARKE & WYNDHAM, INC., ET AL., FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A PUBLIC UTILITY EASEMENT AND AUTHORIZING THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS. WHEREAS, the City Council of the City of College Station now finds and determines that public convenience and necessity requires the City of College Station to acquire a permanent public utility easement over and across a tract of land totaling approximately 0.449 acres for the public purpose of the construction, operation, and maintenance of a public utility easement in the City of College Station, Texas. A more specific description of said public utility easement is attached hereto as Exhibit A and made a part hereof (herein after the "Land"); and WHEREAS, the City of College Station, through its duly authorized representatives, has negotiated with the owner of the Land for the purchase of the Land for the purpose stated herein and has been unable to agree with such owner as to the fair cash market value thereof and damages, if any, to obtain the necessary property rights required by the City of College Station; and WHEREAS, the City Council of the City of College Station has authorized the City Manager or his designee to make an offer to the owner of the Land for the purchase of the same based upon its appraised value, and such offer has been made and the owner has refused to accept such final offer; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Page 1 of 3 Section 1. The facts and recitals set forth in the preamble of this resolution are hereby found to be true and correct. Section 2. The City Council of the City of College Station finds that, in compliance with Chapter 21 of the Texas Property Code, a bona fide offer has been made by duly authorized representatives of the City for the acquisition of a public utility easement over and across the herein described Land, and that said offer was not accepted, and that the only way for the City of College Station to acquire such interest in the Land is through the filing of eminent domain proceedings. Section 3. The City Council hereby finds and determines that a public use and necessity exists for the City of College Station to construct, operate, and maintain a public utility easement and to acquire the necessary property rights in the Land as allowed by law, together with all necessary appurtenances, additions and improvements on, over, under, and through those certain lots, tracts or parcels of land. Section 4. The City Attorney, or his designee, is hereby authorized to bring eminent domain proceedings on behalf of the City of College Station under applicable provisions of law, whether provided by §25 1.001 of the Texas Local Government Code, as amended, Chapter 21 of the Texas Property Code, or by any other provision of law, against the owner or owners of the Land, to -wit: Clarke & Wyndham, Inc.; Real Alchemy, L.P.; Real Alchemy 1, L.P.; JPJ Investments, a Texas general partnership; and any other person or entity who may have any interest in the Land. Page 2 of 3 PASSED, APPROVED, AND RESOLVED this 9th ATTEST: City Secretary APPROVED AS TO FORM: ietuA,IL R-ais(Al City Attorney John Nichols Mayor Page 3 of 3 day of November , 2023. Exhibit A BASELINE ImIllINNE ILA Proposed Easement Lots 4 & 5, Block One Sutton Place College Station, Texas October 2022 All of that certain tract or parcel of land lying and being situated in the Morgan Rector league, abstract no. 46, in College Station, Brazos County, Texas, being part of Lots 4 and 5, Block One of Sutton Place as described by the plat recorded in volume 401, page 402 of the Deed Records of Brazos County, Texas, generally being a variable -width strip of land across the northwest boundary of said Lots, and being more particularly described as follows: Beginning at the west corner of said Lot 5, also being an inside corner of Lot 2, Block 2 of Post Oak Mall as described by the replat recorded in volume 517, page 689 of the Deed Records of Brazos County, Texas, from where a 1/2" iron rod with a red plastic cap stamped "M.McCLURE RPLS 2859" found in a southeast right-of-way line of Holleman Drive bears N 52° 49' W — 6.9 feet, and City of College Station GPS monument no. 127 bears N 75° 57' 53" E — 1696.5 feet; Thence along the northwest boundary lines of said Lot 5, also being southeast lines of said Lot 2 of the Post Oak Mall subdivision, as follows: N 39° 33' 48" E — 331.02 feet to a 5/8" iron rod found at an angle point; and N 42° 06' 20" E — 74.76 feet to the northeast corner point of this easement tract, in the right-of-way arc (radius 50.00 ft.) of Sutton Place (public right-of-way), from where a 5/8" iron rod found (bent) at or near the northeast corner point of Lot 2 bears N 42° 33'E — 7.4 feet; Thence along the said right-of-way arc, in a counter -clockwise direction, through a central angle of 93° 49' 53", the chord of which bears S 13° 19' 49" E — 73.04 feet, to the east corner of this described easement tract; Thence S 42° 20' 40" W — 360.94 feet, through said Lots 4 and 5, to the south corner of this described easement tract in a southwest line of Lot 5 and northeast line of said Lot 2 of the Post Oak Mall subdivision; Thence N 51 ° 54' 50" W — 44.06 feet, along the said common Lot line and subdivision boundary, to the Point of Beginning and containing 0.449 acre (19,568 sq. ft.) of land more or less. Bearings are Texas State Plane, Central Zone, NAD- 83(CORS) datum, based on City of College Station GPS control monuments no. 1 and no. 120 (N 63° 55' 14" E). See separate survey plat dated October 2022. Proposed Easement — Lots 4 & 5, Block One — Sutton Place Page 1 of 1 1701 Southwest Parkway, Suite 104, College Station, Texas 77840 1 979.693.2777 1 TxSury F-10030200 1 BaselineSurveyors.net EXHIBIT A • 0 0 n c 0 r-r 0 0 -0 ��/� D �o l0 CD T R. -0 \ \ ` C� O�n aN NCWO0 "CDC (n› O OONW cr., (D (D C-0 , C 7 7 rt_ 3= 0 7 WUO (D �/1 n0 07ig(D NNO-O f N O_NNN-I. V J r-F Uj �. (n Q '' X. , N p m X. O r 0 ., Q p0 O O�.N O N« O O OZrO L1 rr� M 0 -Cr ON O tM O 7 _,cO DN I I O ppO r--F r ) ,+ O N F � OO rt O NO to C� _ V / d 0 /I� 0 o s" , • 0 3 p x D 0 r 1 Urn) O N N QC � N p° S (DU) N� (D rtX co co * j a 0 '�(OiI C TI N N,• �+,+O N CD CD 3O_ �.N�� Z (n O O W V \ U CD N O 0 O O 3 N E X T -° C C O (D O `< • • O �+�N 0 �F co C O y O O_NN 7 O" oN amco =R.- 3v�.� 0rt vo0(b O_ 0) / / I • • CO o r O O 1 L z u c 7 F ap OW rt / 03 �n\ I o J c r O If \ WII' o 000 CO NIW 5/(ee \o4n �:ti\ � O.Op• OC+i \ wa°\ 0 p Pi"O a.,O9 tiooa CO m O O NO \ < r+ 0 O ;.a G \ • U+� 0 - c fi 0 os �-o-\ O O -° O'O ,• , o CO Q 4, co m N Z m - co < ° m \ 0 0 0 r -0 �+ 0 0 0 CD 1 o U1 0 4, O O ZZOZ 'PO v o _ _ N 0 Np O� 0 rt • •rG0 \ W 6,1 N\ D \ n LO 0 ZJ N 0_ 0 \ (rJ<'.O \ - fn r-l- \ N EXHIBIT A