HomeMy WebLinkAbout10-09-08-2d-a - Resolution - 10/09/2008RESOLUTION NO. 10- 9- 08 -2d —a
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 TWO
EXCLUSIVE, SANITARY CONTROL EASEMENTS REGARDING 0.06
ACRE OF LAND MORE OR LESS, AND 0.10 ACRE OF LAND, MORE OR
LESS IN BRAZOS COUNTY, TEXAS, A PART OF THE THOMAS WEBB
SURVEY, ABSTRACT NO. 240; (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, maintenance and
protection 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, maintenance and protection 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: the Well 1 Sanitary Control 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, improve and protect the source and distribution of water
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. 10- 9- 08 -2d -a
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's water utility system should be
improved, expanded and protected through the City's acquisition, by a condemnation
proceeding, of the following easements: (a) an exclusive, permanent sanitary control easement
( "permanent sanitary control easement ") regarding the project, on, in, over, along, under, across,
and through a certain tract or parcel of land, being and situated in Brazos County, Texas,
containing 0.06 acre more or less, a part of the Thomas Webb Survey, Abstract No. 240, 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; and (b) an
exclusive permanent sanitary control easement ( "permanent sanitary control easement ")
regarding the project, on, in, over, along, under, across, and through a certain tract or parcel of
land, being and situated in Brazos County, Texas, containing 0.10 acres more or less, a part of
the Thomas Webb Survey, Abstract No. 240, 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; and (c) said permanent sanitary control easements
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: the protection of source water from contamination of
prohibited activities within a specific distance from the water well head. in order to improve,
expand, and maintain the production, 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 sanitary control easements regarding the subject
property for the public uses and purposes described herein, and
WHEREAS, pursuant to the project, the City's acquisition of the permanent sanitary control
easements 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 sanitary control easements, 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:
Resolution No. 10- 9- 08 -2d -a
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 sanitary
control easements, 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 sanitary
control easements, 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. 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 sanitary control easements regarding the subject
property, as described herein.
6. The permanent sanitary control easements 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: the protection of source
water from contamination of prohibited activities within a specific distance from
the water well head. in order to improve, expand, and maintain the production,
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. In
order to carry out said public use and purposes, the following uses of the subject
property shall be prohibited and City shall be entitled to enter said property to
prevent or abate such uses:
1. Cesspool;
2. Septic tank or septic tank open jointed drainfield;
3. Sewerage treatment plant;
4. Sewerage well;
5. Sewerage pumping station;
6. Drainage ditches with industrial waste discharges or wastes
from sewerage treatment systems;
7. Animal feed lots;
8. Solid waste disposal site or landfills;
9. Lands irrigated by sewerage effluent;
10. Any other facilities that might create a danger or pollution to
the water to be produced from the well to be located at the
3
Resolution No. 10- 9- 08 -2d -a
center of this circular easement, with a radius of one hundred
fifty five feet (155'),
b. any other public use and purpose described in this resolution.
7. All public uses and purposes described in this resolution are hereby declared to be
worthwhile, convenient, and necessary to justify and support the acquisition of the
permanent sanitary control easement the City through a condemnation
proceeding.
Regarding the permanent sanitary control easements, 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 owners of the subject property. Said offers
were rejected or not accepted by the owners. Thus, the City and
said owners 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.
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 sanitary control easements, and the subject
property:
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, 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.
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.
4
Resolution No. 10- 9- 08 -2d -a
d. 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.
e. 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 sanitary control 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, the
following uses of such property shall be prohibited City shall be entitled to enter
said property to prevent or abate such uses:
1. Cesspool;
2. Septic tank or septic tank open jointed drainfield;
3. Sewerage treatment plant;
4. Sewerage well;
5. Sewerage pumping station;
6. Drainage ditches with industrial waste discharges or wastes
from sewerage treatment systems;
7. Animal feed lots;
8. Solid waste disposal site or landfills;
9. Lands irrigated by sewage effluent;
10. Any other facilities that might create a danger of pollution to
the water to be produced from the well to be located at the
center of this circular easement, with a radius of one hundred
fifty five feet (155').
11. This resolution and order shall take effect immediately from and after its passage.
12. 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 9th day of October, A.D. 2008.
EST:
City Secretary
APPROVED:
Mayor
Resolution No. 10-9-08-2d-a
APPROVED:
City Attorney
Resolution No. 10- 9- 08 -2d —a
Exhibit "A" and Exhibit "B"
Proposed Sanitary Control Easements
Thomas Webb Survey, Abstract No. 240, Brazos County, Texas
Resolution No. 10- 9- 08 -2d -a
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690 -3378
Proposed Sanitary Control Easement
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 165 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.1 and being more particularly
described as follows:
Commencing at the center of the said City of College Station Water Well No. 1 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 BZ 136 bears S
81 35' 34" W - 12956.4'.
Thence S 79° 53' 05" E - 155.00 feet along the radius of said circle to the Point of
Beginning of this easement 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 - 96.8 feet;
Thence along the arc 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 42° 49' 45" E - 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 survey plat dated August 2007.
1 EXH I BIT ":A
Resolution No. 10- 9- 08 -2d -a
Proposed Sanitary Control Easement
D'Anne Johnson Tract
Thomas Webb survey A -240
Brazos County, Texas Au 2007
F 1
68 � �S
80, °nd
r �9ht - 5 ' P
O�
0 30 60 120 Feet
Bearings ore Texas State Plane, NA083(1993)
datum, based on Brazos CountZ GPS monuments
8Z136 and BZ133 (N 35 °20'24 Q.
LY All existing easements and utilities are not
O shown on this plot.
See separate metes and bounds description
prepared with this plat.
1
e O
v S
F
aJ �ai v 2 9J 6�9.
6.J to +S E
t° V� rno t o o a7C
Existing Location of F0 t 1 r0u ^y
I City of College Station City of College Station Q �+ y o
Water Well No. 1 1 .01 acres I oQ i�
(pump shaft) Vol. 436, Pg. 422
k �� 9 a a` °
S 81'35'34 1
W-6Z136 S 79 '53'05`E
to GPs Mon. °
- 155.00'
F
P
1 ` °mo O' oQ Q
�-4ei
Proposed
Q �y ,
a Easement
�t � o; 0.06 acres
Al Brandt, Jr. and
wifc, Su3an J. Brandt .r
12.00 acres
Vol. 3819, Pg. 153
CS/ y
v
'k `a```y
o�
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690 -3378
D'Anne R. Johnson
(partial interest in) 165.00 ac.
Vol. 1306, Pg. 259
Oleo Coe:
(partial interest in) 185.85 ac.
Vol. 1949. Pg. 304 (& others)
-- esa�nC�
Joe Orr, Inc.
Surveyors &. Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690 -3378
Proposed Sanitary Control Easement
Britten Road R.O.W. Adjoining Johnson Tract
Thomas Webb survey A -240
Brazos County, Texas
June 4, 2008
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 Britten Road adjoining that 165.00
acre tract conveyed to D'Anne R. Johnson by deed recorded in 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. 1 and being more particularly
described as follows:
Beginning in the line between the said Johnson tract and Britten Road, from where a concrete
monument was found N 42° 49' 45" E — 96.8 feet at the most northerly corner of the said
Johnson tract.
Thence S 42° 49' 45" W — 167.54 feet along the line between the said Johnson tract and
Britten Road to the beginning of a non - tangent curve to the right (R= 155');
Thence along the are of said curve through a central angle of 12° 07' 46 ", the chord of which
bears S 81 ° 36' 29" W — 32.75 feet to the line between the said Thomas Webb survey and the
Francis W. Smith survey, abstract no. 219, which is the approximate centerline of Britten
Road;
Thence N 41 47' 00" E — 222.58 feet along the survey line and the approximate center to the
most northerly corner of this tract and the beginning of a non - tangent curve to the right
(R= 155');
Thence along the arc of said curve through a central angle of 14° 13' 17 ", the chord of which
bears S 3° 00' 16" W - 38.37 feet to the Point of Beginning and containing 0.10 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 survey plat dated June 2008.
EXHIBIT "B"
Resolution No. 10- 9- 08 -2d —a
Proposed Sanitary Control Easement
Britten Rd. R.O.W. at Johnson Tract
Thomas Webb survey A -240 June 2008
Brazos County, Texas
F 1 0 30 60 120 Feet
(c Bearings are Texas State Plane, NAD83(1993)
80, ` "Q/7 datum, based on Brazos CountX GPS monuments
r f9h dy p BZ136 and BZ133 (N 35 °20'24 E).
J �Oj 0 . All existing easements and utilities are not
�WO C
& on this plot.
oQ p) See separate metes and bounds description
prepared with this plat.
Deer Trail
Vol. 628
1 /2'IR found at west corner Pg. 657
of Deer Trail subdivision
honored for original survey line
,\ "\IZ,
i ,O
c
�a S 6
Ra . to 1,5-C. Fo .0 �. rhoryer cons
Existing Location of ti G �.
0 0
City of College Station
Water Well No. 1 p= W13'17" Rod.= 155'
(pump shaft) Ch.= S 3 °00'16"W- 38.37' o
�9 •Survey Line Note:
5 61G� S 79 '53'05 " _ 1v ��� original survey C line can
to City of College Station 5 '00 not be determined.
1.01 acres For these easements, the
Vol. 436, Pg. 422 ham/ line was determined by
extending the property line
northeast of Sand*,. d.
- r r
°(a u %K ry y > n
�p��`aco Proposed
Easement 4 °
0.10 acres
Al Brandt, Jr. and F� � U►�
wife, Susan J. Brandt °
12.00 acres D'Anne R. Johnson
Vol. 3819, Pg. 153 (partial interest in) 165.00 ac.
O' A= 12°07'46" Rod.= 155' Vol. 1306 Pg. 259
a Cj �Q Ch.= S 81 °36'29 "W - 32.75' also see:
iec�m , 1.4 ryy (partial interest in) 185.85 ac.
Vol. 1949, Pg. 304 (& others)
Note:
The deed to Walter S. Britten
in volume 168, page 409, may
include the southeast portion of
Britten Road, but this could not
be verified, due to inadequate Joe Orr, Inc.
`�0 property descriptions. Surveyors & Engineers
,p 2167 Post Oak Circle
College Station, TX 77845
(979) 690 -3378