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HomeMy WebLinkAbout02-12-09-2h - Resolution - 02/12/2009RESOLUTION NO. 02-12-09-2h RESOLUTION DETERMINING NEED 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 PURCHASE OR CONDEMNATION, RIGHT-OF-WAY AND EASEMENT INTEREST IN CERTAIN PROPERTY FOR THE KOPPE BRIDGE LIFT STATION PROJECT; (2) A DECLARATION THAT PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE SUCH INTEREST, THROUGH PURCHASE OR CONDEMNATION; AND (3) ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SUCH INTEREST IN THE PROPERTY. WHEREAS, the City of College Station, Texas ("City") is a home rule municipality duly incorporated and chartered under the Constitution and laws of Texas; and WHEREAS, the City owns, operates, constructs, repairs and maintains a city wastewater system as a public service; and WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the city wastewater system is a benefit to the public; and WHEREAS, the City, through a condemnation proceeding, may exercise the power of eminent domain to acquire property in order to carry out the ownership, operation, construction, repair, and maintenance of its wastewater system pursuant to Chapter 251 of the Texas Local Government Code, Chapter 21 of the Texas Property Code, and Article II of the City's Charter; and WHEREAS, the City is engaged in the following project regarding installation and improvements to a force main sewer between the Meadow Creek lift station and the Creek Meadow lift station, including the installation of a force main sewer and other public utilities, (the "Project"); and WHEREAS, the City determines that the best interests and needs of the public, including the health, safety and welfare of the public, require that the City complete the Project, through the City's acquisition, by purchase or condemnation proceeding, of the right-of-way and easements as provided in Exhibit A, attached hereto and incorporated herein by reference for all purposes (the "Right -of -Way and Easements"); now, therefore BE IT RESOLVED by the City Council of the City of College Station, Texas: PART 1: That the City Council of the City of College Station, Texas, hereby officially determines that there is a public necessity for the Right -of -Way and Easements, and the public welfare and convenience will be served by the acquisition of the Right -of -Way and Easements. RESOLUTION NO. 02-12-09-2h PAGE 2 PART 2: That the City Manager is hereby authorized to contract, on behalf of the City of College Station, with a professional appraiser for the appraisal services, with a professional real estate agent to act as a Land Agent for the City and with attorneys for preparation of title opinions needed by the City from time to time in connection with acquisition of the Right -of -Way and Easements. PART 3: That the City's Land Agent or other staff appraiser is hereby authorized and directed to examine the independent appraisal reports as they are submitted to the City to determine whether said appraisal reports are supported by sufficient data. Based upon such examination of said appraisal reports, the Land Agent or other staff appraiser shall make a recommendation to the City Manager as to the establishment and approval of the amount of the just compensation for the Right -of -Way and Easements. PART 4: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of the Right - of -Way and Easements. PART 5: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the Right -of -Way and Easements, the City's Land Agent or other staff appraiser is authorized to communicate a written offer to the property owners for the acquisition of such interest at the full amount determined and established to be just compensation therefore and to negotiate with said owners on behalf of the City. PART 6: That the Mayor after approval by City Council, or the City Manager as delegated, is hereby authorized to execute all documents necessary to acquire said Right -of -Way and Easements for the Project, on behalf of the City of College Station. PART 7: That, if necessary, and should a property owner fail to accept a bona fide, good faith offer from the City to purchase the required Right -of -Way and Easements, City 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 such property. PART 8: That the City Manager be and is hereby authorized to sell any such surplus improvements, or order the demolition thereof, if any, located on the real property acquired in connection with this Project. RESOLUTION NO. 02-12-09-2h PAGE 3 PART 9: That this resolution shall take effect immediately from and after its passage. ADOPTED this 12th day of ATTEST: February APPROVED: , A.D. 2009. City Secretary MAYOR RESOLUTION NO. 02-12-09-2h PAGE 4 EXHIBIT "A" TO RESOLUTION DETERMINING NEED Tract Name Property Owner Permanent Temporary (current or former) Public Utility Construction Easement Easement Richard Miller Richard Miller and 20' wide 20' wide wife, Karen Miller McCleskey James L. McCleskey and 20' wide 20' wide Joan M. McCleskey Dorothy Santina Richard Mate Della Santina 15' wide 20' wide and Dorothy Nell Della Santina, Co -Trustees of the Santina Revocable Trust In addition, being a twenty foot (20') wide strip of Permanent Public Utility Easements extending along and adjoining the north right-of-way line of Greens Prairie Trail, extending across the tracts or parcels of land described below: Property Owner Legal Description (current or former) Teresa Criswell Smith and Kyle Lynn Smith Roy M. Robinson and Cynthia A. Robinson Timothy D. Foster and Judith M. Foster 2.128 acres being Lot 3, Block 1, Crossroad Woods Addition, Brazos County, Texas; said 2.128 acres of land conveyed to Teresa Criswell Smith and Kyle Lynn Smith by deed recorded in Volume 3626, Page 310, Official Records of Brazos County, Texas. 2.128 acres being Lot 2, Block 1, Crossroad Woods Addition, Brazos County, Texas; said 2.128 acres of land conveyed to Roy M. Robinson and Cynthia A. Robinson by deed recorded in Volume 4272, Page 101, Official Records, Brazos County, Texas. 2.345 acres being Lot 1, Block 1, Crossroad Woods Addition, Brazos County, Texas; said 2.345 acres of land conveyed to Timothy D. Foster and Judith M. Foster by deed recorded in Volume 4482, Page 182, Official Records, Brazos County, Texas. The above mentioned Permanent Public Utility Easements and Temporary Construction Easements are depicted on a project map which is attached hereto and incorporated herein. The Richard Miller, McCleskey and Dorothy Santina tracts are more particularly described by field notes and plats, which are attached hereto and incorporated herein. Resolution No. 02-12-09-2h RESOLUTION NO. 02-12-09-2h Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, Texas (979) 693-2777/693-3378 Proposed 20' Easement Richard Miller Tract Samuel Davidson survey A-13 Brazos County, Texas November 11, 2008 -PAGE 6 All that certain tract or parcel of land lying and being situated in the Samuel Davidson survey, Abstract No. 13, in Brazos County, Texas, being a part of that 2.136 acre tract conveyed to Richard Miller and wife, Karen Miller by deed recorded in Volume 5585, Page 72 of the Official Public Records of Brazos County, Texas, being an easement twenty feet (20') in width adjoining the northwest line of said Miller tract and being more particularly described as follows: Beginning at the common comer of the said Miller tract and that 2.56 acre tract conveyed to James L. McCleskey and Joan M. McCleskey by deed recorded in Volume 1607, Page 178 of the Official Public Records of Brazos County, Texas, in the southeast line of Meadowcreek Subdivision described by plat recorded in Volume 7138, Page 121 of the Official Public Records of Brazos County, Texas, from which a Y4" iron rod found due south 0.4 feet. Thence S 47° 18' 06" E — 20.00 feet along the line between the said Miller and McCleskey tracts; Thence S 42° 40' 01" W — 234.90 feet through the said Miller tract to the line between the said Miller tract and that 5.50 acre tract conveyed to Larry G. Young by deed recorded in Volume 3217, Page 40 of the Official Public Records of Brazos County, Texas; Thence N 47° 18' 06" W — 20.00 feet along the line between the said Miller tract and the said Young tract to a 5/8" iron rod found at the common comer of same in the southeast line of Common Area No. 4 of Meadowcreek Subdivision; Thence N 42° 40' 01" E — 234.90 feet along the line between Meadowcreek Subdivision and the said Miller tract to the Point of Beginning and containing 0.108 acres of land more or less. Bearings are Texas State Plane, Central Zone NAD83(1986) datum, based on 1994 City of College Station GPS control monument no. 134 and no. 135 (S 67°45'23" E). See survey plat prepared with this description. s1 y Iffy *tI, ' a. ea ezIz seas; 7act vat' 174.4.4 frgil SS 1041/2 w 0 02-12--09-2h RESOLUTION NO. Proposed 20' Ea.semen Miller Tract Samuel Davidson survey A-13 Brazos County, Texas Block 2\ 24 Block 2\ 28 Nov. 2008 50 • 100 200 Feet 4 rl r1 rtl�:l Bearings are. Texas State Plane, Central Zone NAD83(1986) datum, based on 1994 City of CS GPS control monument no. 134 and no. 135 (S 87°45'23"E). rl gs, roods and driveways shown ar' from topographic files of 2005. A1I existing easements and utilities are not shown on this plat. See separate metes and bounds description prepared with this plat. / /-- Meadowcreek Subdivision Phase 1 \ Vol. 7135, Pg. 121 27 \\\ \ \`\ \ / C` \ \ /r d ommon Area tk:' -44 No. 4 — 3.12 acres �` ` \\ / 0y'.0` Proposed \ /.• . 20' Easement BTU tat powerline may a covered by ease in 47 77, 645/421 & (BTU Inv# 84-3-28—RQ) // • /,,,, a• / /�a ;eco �6 / q �tF1/2 tarry G: Yours9 // ° 5.500 acres val. 3217, pg. 40 0.108 acres o small wellborn S.t1:0. waterline runs through this area and is covered \ by easements recorded In 894/434\ N 4.7°18'08'W 20.00' '. Richard Miller and wife, Karen Miller 2.136 acre vol. 55835, James L. M•cCleskey and' Joan. M. McC.leskey 2.87 cares • vol. 3932, pg. 185 Joe torr, Inc. sure prs a Onfoina rs 21V Rost O k Circle Collecie. Station, TX 77845 (979) 890-3378/693-2777 RESOLUTION NO. 02-12-09-2h PAGE 8 Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, Texas (979) 693-2777/693-3378 Proposed 20' Temporary Easement Richard Miller Tract Samuel Davidson survey A-13 Brazos County, Texas 22 January 2009 All that certain tract or parcel of land lying and being situated in the Samuel Davidson survey, Abstract No. 13, in Brazos County, Texas, being a part of that 2.136 acre tract conveyed to Richard Miller and wife, Karen Miller by deed recorded in Volume 5585, Page 72 of the Official Public Records of Brazos County, Texas, being an easement twenty feet (20') in width lying 20' southeast of the northwest line of said Miller tract and being more particularly described as follows: Beginning in the common line of the said Miller tract and that 2.56 acre tract conveyed to James L. McCleskey and Joan M. McCleskey by deed recorded in Volume 1607, Page 178 of the Official Public Records of Brazos County, Texas, at a point located S 47° 18' 06" E — 20.00 feet from the common corner of the said tracts in the southeast line of Meadowcreek Subdivision described by plat recorded in Volume 7138, Page 121 of the Official Public Records of Brazos County, Texas. Thence S 42° 40' 01" W — 234.90 feet through the said Miller tract to the line between the said Miller tract and that 5.50 acre tract conveyed to Larry G. Young by deed recorded in Volume 3217, Page 40 of the Official Public Records of Brazos County, Texas to a point located S 47° 18' 06" E — 20.00 feet from a 5/8" iron rod found at the common corner of said Miller and Young tracts in the southeast line of the said Meadowcreek Subdivision; Thence S 47° 18' 06" E — 20.00 feet along the line between the said Miller and Young tracts; Thence N 42° 40' 01" E — 234.90 feet through the said Miller tract to the said common line of the said Miller and McCleskey tracts; Thence N 47° 18' 06" W — 20.00 feet along said line to the Point of Beginning and containing 0.108 acres of land more or less. Bearings are Texas State Plane, Central Zone NAD83(1986) datum, based on 1994 City of College Station GPS control monument no. 134 and no. 135 (S 67°45'23" E). See survey plat dated January 2009. 0) W 0 a 02-12-09-2h RESOLUTION NO Proposed 20' Temporary Eas me nt Miller Tract Samuel Davidson survey A.---13 Brazos County, Texas o, 0 0 • Block 2\ 28 • / /— Meado•wcreek Subdivision Phase 1 Vol. 7138, Pg. 121 27 \\\ Proposed 20' Utility Easement \ — see seperote plot — N 47°1.8'06'W 20.00' \\\ • \ / Common Area No. 4 — .12 acres \\\ �� ,\ Proposed \ \4:7914, �,� , .o �f /�0 20 Temporary Easement \ .. 4o%/ : / 0.108 acres \. �' o,` \ f+ i a small Wellborn S.V.O. waterline. runs through Ws area and '13..ove' d by easements recorded in 894/434\, Jan. 2009 0 50 11 100 200 Feet 1 l s Bearings ore Texas State Plone, Central Zone NAD83(1988) datum, based .on 1994 City of CS GPScontrol monument no, 134 and no. 135 (S 67945'23'E). it ings, roads and driveways shown ar from topographic files of 2005. All existing easements and utilities are not shown on this plat. See separate metes and bounds description prepared with this plat. BTU a iol powerllne gots In : I & /147 ' f . \ may covered by ease 47 79 645. 421 (BiU Invij 84-3-28—R0) // diy'1' 1 Larry .G. Young / y ` 5.500 acres vol. 3217, pg. 40 S 47°18'06"E 20.00' Richard Miller and wife, Karen Miller 2.136 acre vol. 5585, {"72 ) ..J 1 ! L r ..1 j ; f Jgrns L. McS key ondusloan"Tt C e$kej `,. 2.56 acres vol. 1607, pg. 178' James L. McCloskey and Joan M. McCleskey 2.87 acres vol. 3932, pg. 185 Joe Orr, Ie. stiirveyofs .i Igiwiioeera 2.167 Post Oak Circle caltegle Station, TX 7:845 (979 690-33778/93-V777 RESOLUTION NO. 02-12-09-2h Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, Texas (979) 693-2777/693-3378 Proposed 20' Easement McCleskey Tracts Samuel Davidson survey A-13 Brazos County, Texas November 11, 2008 PAGE 10 All that certain tract or parcel of land lying and being situated in the Samuel Davidson survey, Abstract No. 13, in Brazos County, Texas, being a part of that 2.56 acre tract conveyed to James L. McCleskey and Joan M. McCleskey by deed recorded in Volume 1607, Page 178 of the Official Public Records of Brazos County, Texas, and a part of that 2.87 acre tract conveyed to James L. McCleskey and Joan M. McCleskey by deed recorded in Volume 3932, Page 185 of the Official Public Records of Brazos County, Texas, being an easement twenty feet (20') in width adjoining the northwest lines of said tracts and being more particularly described as follows: Beginning at a %" iron rod found in the northwest line of the said McCleskey 2.56 acre tract at the common corner of the Meadowcreek Subdivision Phase 1 described by plat recorded in Volume 7138, Page 121 of the Official Public Records of Brazos County, Texas, and that 4.895 acre tract conveyed to Barbara Layman Williams by deed recorded in Volume 5206, Page 196 of the Official Public Records of Brazos County, Texas. Thence N 42° 49' 47" E — 172.10 feet along the line between the said Williams tract and the said McCleskey 2.56 acre tract to a %2" iron rod found at the common corner of the said McCleskey 2.56 acre tract and the said McCleskey 2.87 acre tract; Thence N 74° 55' 50" E — 375.70 feet along the line between the said Williams tract and the said McCleskey 2.87 acre tract to the common corner of the said Williams tract and the said McCleskey 2.87 acre tract in the southwest line of I&GN Road as fenced; Thence S 14° 58' 07" E — 20.00 feet along the southwest line of I&GN Road; Thence through the said McCleskey tracts parallel to and twenty feet (20') from the northwest line of same as follows; S 74° 55' 50" W — 369.91 feet; S 42° 49' 47" W —166.32 feet; S 42° 40' 01" W — 128.79 feet to the line between the said McCleskey 2.56 acre tract and that 2.136 acre tract conveyed to Richard Miller and wife, Karen Miller by deed recorded in Volume 5585, Page 72 of the Official Public Records of Brazos County, Texas; McCleskey Easement Page 1 of 2 RESOLUTION NO. 02-12-09-2h PAGE 11 Thence N 47° 18' 06" W — 20.00 feet along the line between the said McCleskey 2.56 acre tract and the said Miller tract to the common corner of said tracts in the southeast line of Meadowcreek Subdivision from which a 3/4" iron rod was found due south 0.4 feet; Thence N 42° 40' 01" E — 128.81 feet along the line between Meadowcreek Subdivision and the said McCleskey 2.56 acre tract to the Point of Beginning and containing 0.308 acres of land more or less. Bearings are Texas State Plane, Central Zone NAD83(1986) datum, based on 1994 City of College Station GPS control monument no. 134 and no. 135 (S 67°45'23" E). See survey plat prepared with this description. McCleskey Easement Page 2 of 2 RESOLUTION NO. 02-12-09-2h E tvi co. , • , Nov. 2008 0 .160 gQ0 • Pr0.00.0.d.1 20' Od0064mt•••••• • ..•.',Nit:Cletke •Tracts,....... Scimuel Davidson survey A-13 Brazos County, • •• • Texas • are Tex tote Pkrte, ntrol Zoi,e $.(1•00). c)001, Q.,Qtie0 cr: : • : 1994 city: 0 s GPS cohtto ottitgnent no: 134 oncl no: 155 (S ,6745"234 Buildings, rads .9na .cfrivistqyt. 41.0-viin • are from topographic files of 1005. All eiiisting easements and utilities are not shown or this plot! siipot.00,*ites and bounds ;:desofoti40:,:phvQte,.4 with .• • ••• • • •• • • • •.• ": :• • . Baroro LOYM: .95 ocres • P'ropOd 20' .Ettt'ertMtit 0.308- oci-e-s ' • • • " • ••••••••.:•••••••••••". • i•••:'"niS..7:, :iftg5.1.*44:t,t$711,17.14714.1.1 , . .4 3/147 •':•••.'•••••.. we, Koren Milier2.136 0.0es, vol. t$k's James : MoCIppkiv.. 't;4‘ and Joan M. vsltskei• 146 obr voi. 1507, p. 1787 b .:kA;4414Sigr% ,,/°4 •;ifo) • 4 • • • RESOLUTION NO. 02-12-09-2h PAGE 13 Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, Texas (979) 693-2777/693-3378 Proposed 20' Temporary Easement McCleskey Tracts Samuel Davidson survey A-13 Brazos County, Texas 22 January 2009 All that certain tract or parcel of land lying and being situated in the Samuel Davidson survey, Abstract No. 13, in Brazos County, Texas, being a part of that 2.56 acre tract conveyed to James L. McCleskey and Joan M. McCleskey by deed recorded in Volume 1607, Page 178 of the Official Public Records of Brazos County, Texas, and a part of that 2.87 acre tract conveyed to James L. McCleskey and Joan M. McCleskey by deed recorded in Volume 3932, Page 185 of the Official Public Records of Brazos County, Texas, being an easement twenty feet (20') in width lying 20' southeast of the northwest lines of said tracts and being more particularly described as follows: Beginning in the common line of the said McCleskey 2.56 acre tract and that 2.136 acre tract conveyed to Richard Miller and wife, Karen Miller by deed recorded in Volume 5585, Page 72 of the Official Public Records of Brazos County, Texas at a point located S 47° 18' 06" E — 20.00 feet from the common corner of the said 2.56 acre and 2.136 acre tracts in the southeast line of the Meadowcreek Subdivision Phase 1 described by plat recorded in Volume 7138, Page 121 of the Official Public Records of Brazos County, Texas. Thence S 47° 18' 06" E — 20.00 feet along the common line of the said Miller and McCleskey tracts to the southwest corner of this tract; Thence through the said McCleskey tracts parallel and forty feet (40') from the northwest line of same as follows; N42°40' 01"E-128.77 feet; N 42° 49' 47" E —160.54 feet; N 74° 55' 50" E — 364.12 feet to a point in the southwest line of I&GN Road as fenced, from where a Y2" iron rod found at the southeast corner of the said McCleskey 2.87 acre tract bears S 14° 58' 07" E — 390.46 feet; Thence N 14° 58' 07" W — 20.00 feet along the said southwest line of I&GN Road to the northeast corner of this tract; Thence through the said McCleskey tracts parallel and twenty feet (20') from the northwest line of same as follows; S 74° 55' 50" W — 369.91 feet; S 42° 49' 47" W —166.32 feet; McCleskey Temp. Easement Page 1 of 2 RESOLUTION NO. 02-12-09-2h PAGE 14 S 42° 40' 01" W -128.79 feet to the Point of Beginning and containing 0.303 acres of land more or less. Bearings are Texas State Plane, Central Zone NAD83(1986) datum, based on 1994 City of College Station GPS control monument no. 134 and no. 135 (S 67°45'23" E). See survey plat dated January 2009. Mcgeskey Temp. Easement Page 2 of 2 W 0 RESOLUTION NO. 02-12-09-2h Proposed E, 20' Te: pore . MCCle key Tracts Samuel Davidson st.jrvey Brazos County,. Tex rr.�ryl Jan, 2009 a ;Q It .1.00. 2tra Fees i Bearings dre Tinos $tate Plans,•0—eitrof ` ore; NAD33i;:194.5 datum bade. ari. 1194 City of: C9 GP con rok. rhonu i etat x no 1Z-4 •Ond; 04 135 (S 7 44S"23'E). Buitdinys; roods and .drivew4ys' show#i are from topogr.apie flies Of 2065.. A(I exittIng :soserrrents and : utitities are not shown' on this; pi¢t.: See seporote metesand bounds �. desartption prepore4 with :this- prat. Bc'ri�br4 ,l ayn a t WI.1.1041s urges-.::• +ibi: 7961.; p9;:. f9S. .161011:W00* :?.0 p: 'svatcritne: ru tttrog4h..h ;:.�..�d .:. by :easement's' recorded in, 694, • Proposed •20' Utility ;Etfs agent see .sepercte pldt•- 8TU p rror powerlir may.a covered.; : y :eosonnents 1n. 479/2 /42 7, 64 1 & 884/147 (BTU env 84.T5- 28-fta) .24 `�. N Mttadow.creel Subd yisttsrt; ` Phgss 1 Vol, 71,38, Pg; 121...:25 .1: •:arse:;::: tv `'. ana Joon • 8TU.( . rnt poiwerlcn; • oY\ Guyered . "eq.. n 419/277;:.645/:2:1 Ric1 crd . MiJiOr and wfe Karen Miiler ' x,1;3'6 acres` val, . 5585, pg. 72 RESOLUTION NO. 02-12-09-2h Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, Texas (979) 693-2777 Proposed 15' Easement Dorothy Santina Tract Samuel Davidson Survey A-13 Brazos County, Texas 22 January 2009 PAGE 16 All that certain tract or parcel of land lying and being situated in the Samuel Davidson survey, Abstract No. 13, in Brazos County, Texas, being a part of that 83.84 acre tract conveyed to Dorothy N. Santina by deed recorded in Volume 330, Page 712 of the Deed Records of Brazos County, Texas, being an easement Fifteen Feet (15') in width adjoining the north side of the existing 15' waterline easement to Wellborn Special Utility District described in Volume 3433, Page 265 of the Official Public Records of Brazos County, Texas, and being more particularly described as follows: Beginning at the intersection of the southwest line of the Union Pacific Railroad right-of-way and the northwest line of the said Wellborn Special Utility District easement at a point located 50' from the centerline of the railroad tract. Thence through the said Santina tract as follows: S 76° 35' 04" W — 662.15 feet along said existing easement northwest line; N 14° 53' 33" W — 677.50 feet along said existing easement northeast line; S 75° 06' 27" W — 16.50 feet across the said Wellborn SUD easement to an old fenceline on the occupied southwest line of the said Santina tract; Thence N 14° 53' 33" W — 40.00 feet along said old fence to the northwest corner of this tract; Thence through the said Santina tract as follows: N 75° 06' 27" E — 31.50 feet; S 14° 53' 33" E — 702.88 feet; N 76° 35' 04" E — 633.17 feet; N 10° 54' 24" W —104.65 feet; N 79° 05' 36" E — 15.00 feet to the southwest right-of-way line of the Union Pacific Railroad at a point from where the City of College Station monument no. 134 bears N 8° 24' 34" W — 6363.3 feet; Thence S 10° 54' 24" E — 119.00 feet along said right-of-way line to the Point of Beginning and containing 0.521 acres of land more or less. Bearings are Texas State Plane, Central Zone NAD83(1986) datum, based on 1994 City of College Station GPS control monument no. 134 and no. 135 (S 67° 45' 23" E). See survey plat dated January 2009. w 0 02-12-09-2h RESOLUTION NO N 75905-27°.E 31.50' N 14°5333W 40.00 (dot1 �It fence) 75°05.'2rW 1:6.50 F'rbpos.6c1 1 5' UtRity Dorothy So ntino Samuel Davidson su Brci zo8 courityi existtng :wiltiorne 3433-.•- 14 WO, (W31tbbtri ;Zt)G1)- - tottered on 0*, ot frtS01)-$4, 0 50• 14 - • BearEn • ZO-64,-bicrVklAtglc;iNtOiiii:baged ori 1994 :Zit9';'eit:WgF414::ashtiig monunient • • ,• • • . • 11?)' • 144 OM'no. 135 (5 67452E. Al existing eosements �n utj0 • • • • - • . . . ; • . . • The proposed easement is ihtended to be: cr.nkrguotts with ifiti'ektOthg 'Wellia*Orii:SAf.ti.. • : shstittient, os shown. *This s based !ant. the iodation. of wpttrilne. marker 1-100.ralast::Lay Wellborn in August 2008. Proposed 15'Eosernent 0.521 o-cres. RESOLUTION NO. 02-12-09-2h Proposed 20' Temporary Easement Dorothy Santina Tract Samuel Davidson Survey A-13 Brazos County, Texas 22 January 2009 Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, Texas (979) 693-2777 PAGE 18 All that certain tract or parcel of land lying and being situated in the Samuel Davidson survey, Abstract No. 13, in Brazos County, Texas, being a part of that 83.84 acre tract conveyed to Dorothy N. Santina by deed recorded in Volume 330, Page 712 of the Deed Records of Brazos County, Texas, being an easement Twenty Feet (20') in width lying 15' north of the existing 15' waterline easement to Wellborn Special Utility District described in Volume 3433, Page 265 of the Official Public Records of Brazos County, Texas, and being more particularly described as follows: Beginning at a point in the southwest line of the Union Pacific Railroad right-of-way N 10° 54' 24" W — 119.00 feet from the northwest line of the said Wellborn Special Utility District easement 50' from the centerline of the railroad tract, at a point from where the City of College Station monument no. 134 bears N 8° 24' 34" W — 6363.3 feet; Thence N 10° 54' 24" W — 20.00 feet along said railroad right-of-way; Thence through the said Santina tract as follows: S 79° 05' 36" W — 35.00 feet; S 10° 54' 24" E —105.50 feet; S 76° 35' 04" W — 594.54 feet; N 14° 53' 33" W — 703.39 feet; S 75° 06' 27" W — 51.50 feet to the occupied southwest line of the said Santina tract; Thence S 14° 53' 33" E — 20.00 feet along an old fenceline to a southwest comer of this tract; Thence through the said Santina tract as follows: N 75° 06' 27" E — 31.50 feet; S 14° 53' 33" E — 702.88 feet; N 76° 35' 04" E — 633.17 feet; N 10° 54' 24" W —104.65 feet; N 79° 05' 36" E —15.00 feet to the Point of Beginning and containing 0.683 acres of land more or less. Bearings are Texas State Plane, Central Zone NAD83(1986) datum, based on 1994 City of College Station GPS control monument no. 134 and no. 135 (S 67° 45' 23" E). See survey plat dated January 2009. RESOLUTION NO. 02-12-09-2h .: g co. ram FifesWito. 2.092. DWG Kopf Swrasa: wgi Sa ija_T rnp,1/2Z OO91,0:53i16 AM PAGE 19