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Home My WebLink About11-24-08-2p - Resolution - 11/24/2008RESOLUTION DETERMINING NEED RESOLUTION NO. 11- 24 -08 -2p 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 WELLBORN WIDENING 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, re- constructs, repairs and maintains a city water system as a public service; and WHEREAS, the City's ownership, operation, construction, re- construction, repair, and maintenance of the city water 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, re- construction, repair, and maintenance of its water 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 improvements to the Wellborn Widening Project, including ownership, operation, construction, re- construction, repair, and maintenance of the water system and installation of 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 carry out 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; Resolution No. 11- 24 -08 -2p Page 2 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. 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. Resolution No. 11- 24 -08 -2p Page 3 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. PART 9: That this resolution shall take effect immediately from and after its passage. ADOPTED this 24th day of November A.D. 2008. ATTEST: ( . r r ' 9 1ty Secretary APPROVED: APPROVED: Mayor City Attorney Resolution No. 11- 24 -08 -2p EXHIBIT "A" to RESOLUTION DETERMINING NEED Permanent Public Utility Easement - Thirty Feet (30 in Width Tract Name: Ellington and Hill Tract Property Owner (current or former): BETTY SUE ELLINGTON SCHUETTE, Individually and as Independent Executrix of the ESTATE OF VERNA LILLIAN ELLINGTON, Deceased, and PEGGY ANN ELLINGTON SORENSON and MARTHA JANE ELLINGTON HILL Note: The above mentioned Permanent Public Utility Easement is more particularly described by field notes and plat, attached hereto and incorporated herein. Temporary Construction Easement - Thirty Feet (30 in Width Being a thirty foot (30') wide strip of easement extending along and adjoining the south and southwest side of the above mentioned Permanent Public Utility Easement. Resolution No. 11- 24 -08 -2p 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 t /z" iron rod found (1996) at a fence corner marking the north corner of the said Wellborn Water tract, a V 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 Resolution No. 11- 24 -08 -2p 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 Beginning 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' estnt. Page 2 of 2 Resolution No. 11- 24 -08 -2p W J l C' o �Z o. s II s :�d` f �l J o ' to ' �,•///�� ' -' / R3 `tit r .. . - _ _ . - `,ae g♦� � /� >� P / r ig wavf `"9 Aj f `I) 'Pip : • a�; e lit 8� N , J: i _ gxo . 9 _ s o f ' —t V d -'�l; f9 g yqo�' u e .�.'.og ucL '�'ttt ',a• t7ZC I Ltij mod_ 3_a; e�i° E,.- - 9'u., •, •+( 'ewonn r u au� 4 � - J LL, tY