HomeMy WebLinkAbout08-17-09-2i - Resolution - 08/17/2009RESOLUTION NO. 08- 17 -09 -2i
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE,
AND ACQUIRE BY CONDEMNATION AN EXCLUSIVE, PERMANENT PUBLIC WATER
UTILITY EASEMENT REGARDING 3.676 ACRES OF LAND MORE OR LESS, AND A
RELATED TEMPORARY CONSTRUCTION EASEMENT REGARDING 3.680 ACRES OF
LAND MORE OR LESS, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, A PART
OF THE ROBERT STEVENSON LEAGUE ABSTRACT NO. 54; (2) A DECLARATION
THAT A PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE SAID EASEMENTS
BY CONDEMNATION IN ORDER TO ACCOMPLISH AN AUTHORIZED AND
DECLARED PUBLIC USE AND PURPOSE; (3) THE RATIFICATION OF ALL PRIOR CITY
ACTS AND RESOLUTIONS; AND (4) THE ESTABLISHMENT OF AN EFFECTIVE DATE
AND COMPLIANCE WITH THE OPEN MEETING STATUTES.
WHEREAS, the City of College Station, Texas ( "City ") is a home rule municipality which is
duly incorporated and chartered under the constitution and laws of Texas; and
WHEREAS, the City owns, operates, constructs, repairs, and maintains a municipal water utility
system ( "water utility system ") as a public service, in order to provide water service to the public
and the City, now and in the future; and
WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the water
utility system is a benefit to the public, because the system currently provides, and will provide
in the future, an important source of water to the public and the City. Therefore, the water utility
system, including the City's ownership, operation, construction, repair, and maintenance of the
system, now and in the future, are hereby declared to be worthwhile public uses and purposes;
and
WHEREAS, the City, through a condemnation proceeding, may exercise the power of eminent
domain to acquire property, inside or outside the municipality, in order to efficiently carry out
the ownership, operation, construction, repair, and maintenance of its water utility system
pursuant to the following, non - exclusive authority, the contents of which are incorporated by
reference: Chapters 251 and 402 of the Texas Local Government Code; Chapter 21 of the Texas
Property Code; and articles I and II of the City Charter; and
WHEREAS, the City is engaged in the following project regarding the improvement and
expansion of its water utility system related water system facilities, waterlines, water pipelines,
valves, fiber optic cables, infrastructure, improvements and related appurtenances known as the
Wellborn Widening Project also referred to as the Water Project ( "project "). This project will
benefit the public and the City because its completion and operation will enhance and improve
the transportation and distribution of water related water system facilities, waterlines, water
pipelines, valves, fiber optic cables, infrastructure, improvements and related appurtenances
available to the community at large. Therefore, this project, which includes the acquisition of the
easements herein described, is hereby declared to be a worthwhile public use and purpose; and
Resolution No. 08- 17 -09 -2i
WHEREAS, the City determines that the best interests and needs of the public, including the
health, safety, and welfare of the public, require and necessitate that the City's water utility
system and related water system facilities, waterlines, water pipelines, valves, fiber optic cables,
infrastructure, improvements and related appurtenances should be improved and expanded
through the City's acquisition, by a condemnation proceeding, of the following easements: (a)
an exclusive, permanent water system utility easement and right of way ( "permanent public
utility easement ") regarding the project, on, in, over, along, under, across, and through a certain
tract or parcel of land, being and situated in College Station, Brazos County, Texas, containing
3.676 acres more or less, a part of the Robert Stevenson League, Abstract No. 54, and for the
payment of reasonable, adequate, and just compensation by the City to the owner or owners
thereof, as required by law, said property being more particularly described by metes and bounds
and survey plat in Exhibit A, which is attached hereto and incorporated by reference for water
system facilities, water lines, water pipelines, valves, fiber optic cables, infrastructure,
improvements and related appurtenances; and (b) a related temporary construction easement
( "temporary construction easement ") regarding the project, on, in, over, along, under, across, and
through a certain tract or parcel of land, being and situated in College Station, Brazos County,
Texas, containing 3.680 acres more or less, a part of the Robert Stevenson League, Abstract No.
54, and for the payment of reasonable, adequate, and just compensation by the City to the owner
or owners thereof, as required by law, said property being more particularly described by metes
and bounds and survey plat in Exhibit B, which is attached hereto and incorporated by reference
( "temporary construction easement "); and (c) said permanent easement and temporary
construction easement being hereafter referred to as the subject property unless otherwise
designated; and
WHEREAS, pursuant the authority stated herein, the City intends and seeks to acquire the
aforementioned easements regarding the subject property for the following, declared public uses
and purposes regarding the project:
(a) the construction, installation, inspection, placement and removal of water lines, water
pipelines, valves, fiber optic cables, infrastructure, facilities, improvements and related
appurtenances by the City, on, in, over, above, along, under, across,. and through said property, in
order to improve, expand, and maintain the source, transmission and distribution of water within
the City's water utility system, now and in the future, for the benefit of the public and the City,
as described herein; and (b) the permanent ownership, operation, construction, repair, inspection,
placement, removal, and maintenance of the water utility system at the location of said
permanent utility easement on the subject property, including all water lines, water pipelines,
valves, fiber optic cables, infrastructure, facilities, improvements and /or related appurtenances
placed on, in, over, above, along, under, across, and through said property, in order to improve,
expand, and maintain the transmission and distribution of water within the City's water utility
system, now and in the future, for the benefit of the public and the City, as described herein; and
WHEREAS, pursuant to the project, a public necessity exists for the City to acquire by
condemnation proceeding the permanent easement and the temporary construction easement
regarding the subject property for the public uses and purposes described herein, and
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Resolution No. 08- 17 -09 -2i
WHEREAS, pursuant to the project, the City's acquisition of the permanent easement and the
temporary construction easement regarding the subject property by a condemnation proceeding
is necessary to accomplish, achieve, and advance the public uses and purposes described herein;
and
WHEREAS, upon acquisition of the permanent easement, the City shall allow the owner of the
subject property to use all or any part of the easement acquired for any purpose that does not
damage, destroy, injure, or interfere with the City's efficient, safe, or convenient use of the
easement acquired, as described herein, including the specific use limitations of said owner as
described herein;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City
of College Station, Texas:
1. Singular nouns and pronouns shall include the plural, and the masculine gender
shall include the feminine gender, where necessary for a correct meaning of this
resolution.
2. All prior resolutions or orders regarding the project, the permanent public utility
easement, the temporary construction easement, and the subject property are
hereby supplemented and incorporated by reference.
3. All prior acts of the City, including the acts of its elected officials, officers,
employees, agents, or attorneys, regarding the project, the permanent public utility
easement, the temporary construction easement, and the subject property are
hereby authorized, ratified, approved, confirmed, and validated.
4. All statements made in the caption, preamble, preliminary recitals, and the
documents attached to this resolution are true, correct, and incorporated by
reference.
5. A public necessity exists and it is in the best interests and needs of the public,
including the health, safety, and welfare of the public, pursuant to the utility
project described above, require that the water utility system of the City be
improved and expanded by the City's acquisition of the permanent easement and
the temporary construction easement regarding the subject property, as described
herein.
6. The permanent easement and the temporary construction easement regarding the
subject property, pursuant to the project and as described herein, is sought and
shall be acquired by the City for the following public uses and purposes:
a. the construction, installation, inspection, placement and removal of
water lines, water pipelines, valves, fiber optic cables, and related
water utility infrastructure, facilities, improvements and related
appurtenances by the City, on, in, over, above, along, under,
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Resolution No. 08- 17 -09 -2i
across, and through said property, including but not limited to
water transmission lines, connecting water pipelines, access
facilities, attachment structures and equipment, and
communication lines specifically related thereto, in order to
improve, expand, and maintain the source, transmission, and
distribution of water within the City's water utility system, now
and in the future, for the benefit of the public and the City; and
b. the permanent ownership, operation, construction, repair,
inspection, placement, removal, and maintenance of the water
utility system at the location of said permanent easement, including
all utility infrastructure, facilities, improvements or appurtenances
placed on, in, over, above, along, under, across, and through said
property, as described herein, in order to improve, expand, and
maintain the source, transmission, and distribution of water within
the City's water utility system, now and in the future, for the
benefit of the public and the City.
7. All public uses and purposes described in this resolution are hereby declared to be
worthwhile, convenient, and a public necessity to justify and support the
acquisition of the permanent easement and the temporary construction easement
by the City through a condemnation proceeding.
8. Regarding the permanent easement, temporary construction easement, and subject
property described in this resolution, and pursuant to the project, the City hereby
declares the following:
a. The City made a bona fide, good faith offer to purchase said
easements from the owner of the subject property. Said offer was
rejected or not accepted by the owner. Thus, the City and said
owner are unable to agree on the issue of damages or
compensation. Therefore, a public necessity and convenience
exists for the City to acquire said easements through a
condemnation proceeding for the public uses and purposes stated
in this resolution.
b. The City's acquisition of said easements through a condemnation
proceeding is necessary and convenient to accomplish, achieve,
and advance the public uses and purposes stated in this resolution.
9. Pursuant to the project, the City's elected officials, officers, employees, agents,
representatives, and attorneys are hereby authorized to engage in the following
conduct regarding the permanent easement, the temporary construction easement,
and the subject property:
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Resolution No. 08- 17 -09 -2i
a. Said representatives shall have the authority to lay -out or map the
exact location of the land needed regarding the subject property.
b. Said representatives shall have the authority to hire, engage, or
direct such City staff, engineers, surveyors, 'appraisers, title
companies, architects, attorneys, or other persons or entities
needed to effect: the mapping or design of the necessary water
lines, pipelines, valves, fiber optic cables, infrastructure, facilities,
improvements or related appurtenances on the subject property; the
establishment and acquisition of the necessary title to the subject
property; and the construction, operation, inspection, and
maintenance of the necessary water utility infrastructure, facilities,
or improvements on the subject property.
C. Said representatives shall have the authority, with the consent of
the property owner or through a court order, to enter upon the
subject property for the purpose of: surveying and establishing
title; determining reasonable, adequate, and just compensation;
conducting tests; or negotiating with the owner for the purchase of
the required property interests.
d. Said representatives shall have the authority, after determining
reasonable, adequate, and just compensation for said easements, to
negotiate with the property owner for the purpose of acquiring for
the City the required property interests by purchase.
e. Said representatives shall have the authority to initiate and
complete condemnation proceedings against said owner, in order
to acquire through condemnation all required property interests and
title regarding the subject property.
f. Said representatives shall have the authority to initiate and
complete all other actions deemed necessary and appropriate to
effect the accomplishment of the public uses and purposes
described herein.
10. Upon acquisition of the permanent easement, the City shall allow the owner of the
subject property to use all or any part of the easement acquired for any purpose
that does not damage, destroy, injure, or interfere with the City's efficient, safe, or
convenient use of the easement acquired; however: (a) said owner shall not be
allowed to lay -out, dedicate, construct, maintain, or use any house, structure, or
reservoir, or to permit same to be accomplished, on, over, under, through or
within said easement except as provided herein; but (b) said owner shall be
allowed to lay -out, dedicate, construct, maintain, or use roads, streets, alleys, and
driveways, on, over, or within said easement, provided that said use does not
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Resolution No. 08- 17 -09 -2i
change the grade over the land of said easement without the prior written consent
of the City.
11. Upon acquisition of the temporary construction easement, said easement shall
exist only for such period of time as is required for the construction, installation,
completion, and inspection of all water lines, pipelines, valves, fiber optic cables,
infrastructure, facilities, improvements or related appurtenances placed on, in,
over, above, along, under, across, and through the subject property, as described
herein, after which time said temporary construction easement shall cease to
operate or be effective.
12. This resolution and order shall take effect immediately from and after its passage.
13. This resolution was considered and passed at a meeting held in compliance with
Chapter 551 of the Texas Government Code, the Texas Open Meetings Act.
ADOPTED this
17th day of
August
, A.D. 2009.
ATTEST:
APPROVED:
CONI E HOOKS, City Secretary BEN WHITE, Mayor
APPROVED:
City Attorney
rel
Resolution No. 08- 17 -09 -21
Exhibit "A" and Exhibit `B"
Property Descriptions and Diagrams Follow this Page
Resolution No. 08- 17 -09 -2i
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, Texas
(979) 690 - 3378/693 -2777
Proposed 30' Easement
Ellington and Hill Tract
Robert Stevenson League A -54
College Station, Texas
11 August, 2008
All that certain tract or parcel of land lying and being situated in the Robert Stevenson
League, Abstract no. 54, in College Station, Brazos County, Texas, being a part of that
tract conveyed to Verna T. Ellington and Betty Sue Ellington Hill by deeds recorded in
Volume 3082, Page 5 and Volume 7464, Page 275 of the Official Records of Brazos
County, Texas, being an easement thirty feet (30') in width lying along and adjoining the
westerly right -of -way line of the Union Pacific Railroad extending from the southeast
line of North Graham Road to the northwest line of that 4.301 acre tract conveyed to
Wellborn Water Supply Corporation by deed recorded in Volume 2700, Page 114 of the
Official Public Records of Brazos County, Texas, and being more particularly described
as follows:
Beginning at the intersection of the west right -of -way line of the Union Pacific Railroad
(200'. width) as recorded in Volume U, Page 387 of the Deed Records of Brazos County,
Texas and the northwest line of the said Wellborn Water Supply Corporation tract at a
point located S 43° 08' 52" W — 74.80 feet from a '1/z" iron rod found (1996) at a fence
corner marking the north corner of the said Wellborn Water tract, a 3 /4" pipe found (1996)
at a cross -tie fence corner post at the west corner of the said Wellborn Water tract bears S
43° 08' 52" W — 517.34 feet, and from where the City of College Station 1994 GPS
monument no. 117 bears N 61' 49' 43" W — 6053.6 feet.
Thence S 43° 08' 52" W — 43.36 feet along the northwest line of the said Wellborn Water
Supply Corporation tract;
Thence N 0° 37' 47" W — 1215.40 feet parallel to and 130' from the centerline of said
railroad right -of -way to the beginning of a tangent curve to the left (R= 2711.26 feet);
Thence along the arc of said curve through a central angle of 46° 25' 42 ", the chord of
which bears N 23° 50' 38" W — 2137.39', to the end of said curve;
Ellington 30' esmt. Page 1 of 2
Exhibit A
Resolution No. 08- 17 -09 -2i
Thence N 47 03' 29" W — 1928.21 feet continuing parallel and 130 feet from the
centerline of said railroad right -of -way to the southeast line of North Graham Road from
where a tree at the fenced west corner of the said Ellington and Hill tract bears S 41° 08'
39" W — 2049.5 feet;
Thence N 41' 08' 39" E — 30.01 feet along the southeast line of North Graham Road to
the southwest right -of -way line of said railroad;
Thence along the southwest right -of -way line of said railroad as follows;
S 47 03' 29" E — 1929.15 feet to the beginning of a tangent curve to the right
(R= 2741.26');
Along the arc of said curve through a central angle of 46° 25' 42 ", the chord of
which bears S 23° 50' 38" E — 2161.04', to the end of said curve;
S 0 37' 47" E — 1184.09 feet to the Point of Begin_ ning and containing 3.676
acres of land more or less.
Bearings are Texas State Plane, NAD83(1986) datum, based on 1994 City of College
Station GPS monument nos. 117 and 134 (S 28° 54' 08" E).
See separate survey plat dated August 2008,
Ellington 30' esmt. Page 2 of 2
Exhibit A
Resolution No. 08- 17 -09 -2i
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Exhibit A
Resolution No. 08- 17 -09 -2i
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, Texas
(979) 690 - 3378/693 -2777
Proposed 30' Temporary Easement
Ellington and Hill Tract
Robert Stevenson League A -54
College Station, Texas
11 August, 2008
All that certain tract or parcel of land lying and being situated in the Robert Stevenson
League, Abstract no. 54, in College Station, Brazos County, Texas, being a part of that
tract conveyed to Verna T. Ellington and Betty Sue Ellington Hill by deeds recorded in
Volume 3082, Page 5 and Volume 7464, Page 275 of the Official Records of Brazos
County, Texas, being an easement thirty feet (30') in width lying along and adjoining the
westerly right -of -way line of the Union Pacific Railroad extending from the southeast
line of North Graham Road to the northwest line of that 4.301 acre tract conveyed to
Wellborn Water Supply Corporation by deed recorded in Volume 2700, Page 114 of the
Official Public Records of Brazos County, Texas, and being more particularly described
as follows:
Beginning in the northwest line of the said Wellborn Water Supply Corporation tract at a
point located S 43° 08' 52" W — 118.15 feet from a %2" iron rod found (1996) at a fence
corner marking the north corner of the said Wellborn Water tract, a 3 /4" pipe found (1996)
at a cross -tie fence corner post at the west corner of the said Wellborn Water tract bears S
43 08' 52" W — 517.34 feet, said point also being 130' measured perpendicular from the
centerline of the Union Pacific Railroad (200' width) as recorded in Volume U, Page 387
of the Deed Records of Brazos County, Texas and.
Thence through the said Ellington tract as follows;
N 0 37' 47" W — 1215.40 feet parallel to and 130' from the centerline of said
railroad right -of -way to the beginning of a tangent curve to the left (R= 2711.26
feet);
Along the arc of said curve through a central angle of 46° 25' 42 ", the chord of
which bears N 23° 50' 38" W — 2137.39', to the end of said curve;
N 47° 03' 29" W — 1928.21 feet continuing parallel and 130' from the centerline
of said railroad right -of -way to the southeast line of North Graham Road from
where a tree at the fenced west corner of the said Ellington and Hill tract bears S
41 ° 08' 39" W — 2049.5 feet;
Ellington temp esmt. Page I of 2
EXh] lilt B
Resolution No. 08- 17 -09 -21
Thence S 41' 08' 39" W — 30.01 feet along the southeast line of North Graham Road to
the northwest corner of this tract;
Thence through the said Ellington tract as follows;
S 47° 03' 29" E — 1927.26 feet to the beginning of a tangent curve to the right
(R= 2681.26');
Along the arc of said curve through a central angle of 46° 25' 42 ", the chord of
which bears S 23° 50' 38" E — 2113.74' to the end of said curve;
S 0 37' 47" E — 1246.71 feet to the northwest line of the Wellborn Water Supply
Corporation tract;
Thence N 43° 08' 52" E — 43.36 feet along the northwest line of the said Wellborn Water
Supply Corporation tract to the Point of Beginning and containing 3.680 acres of land
more or less.
Bearings are Texas State Plane, NAD83(1986) datum, based on 1994 City of College
Station GPS monument nos. 117 and 134 (S 28 54' 08" E).
See separate survey plat dated December 2008.
Ellington temp esmt. Page 2 of 2
Exhibit B
Resolution No. 08-17-09-2i
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