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Home My WebLink About2-14-08-2p - Resolution - 02/14/2008RESOLUTION DETERMINING NEED RESOLUTION NO. 2- 14 -08 -2 p .� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING RESOLUTION NO. 1 -11- 2007 -12.07 TO ACQUIRE ADDITIONAL CERTAIN PROPERTY NECESSARY TO MEET THE NEEDS OF THE GROUNDWATER 8, 9 AND 10 PROJECT. WHEREAS, on January 11, 2007, the City Council of the City of College Station, Texas, adopted Resolution 1 -11- 2007 - 12.07, declaring a public necessity for the Groundwater Wells 8, 9, and 10 Project and authorizing the acquisition of fee simple, groundwater rights, right -of -way and/or easement interests in certain property for the Project; and WHEREAS, it has been determined that the certain property identified in Resolution No. 1 -11- 2007 -12.07 is not sufficient to meet the needs for the Project; and WHEREAS, it has been determined that it is in the best interests and needs of the public, including the health, safety and welfare of the public, to acquire fee simple, groundwater rights, right-of-way and/or easement interests in certain properties in addition to those properties identified in Resolution 1 -11- 2007 - 12.07; with such additional certain properties described in Exhibit "A ", attached hereto and made a part hereof for all purposes; 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 determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition of those certain additional properties, as set out in Exhibit "A ". PART 2: That the City Council of the City of College Station, Texas, hereby officially amends Resolution No. 1 -11- 2007 -12.07 by supplementing the properties as described in said Resolution with the properties described in Exhibit "A" as attached herein. PART 3: That all of the terms, conditions, determinations and authorizations in Resolution No, 1 -11- 2007 -12.07 shall remain in full force and effect except that the Resolution shall be amended to supplement the properties set out in said Resolution with those properties described in Exhibit "A ": PART 4: That this Resolution shall take effect immediately from and after its passage. 131 RESOLUTION NO. 2- 14 -08 -2p P 2 AV ADOPTED this 14'' day February, A.D. 2008. ATTEST: APPROVED: City Secretary Mayor APPROVED: 132 Joe Orr, Inc.. surveyors & Brigthws 2167 Post Oak circle College Station, TX 77845 (979) 690 -3378 Land Title Survey Hank Allen Tract Wright Coley Survey Abstract No. 95 Robertson County December 12,2007 All that certain tract or parcel of land lying and being situated in the Wright - Coley Survey, Abstract -No. 95, in Robertson County, Texas, being all that tract called 172.135 acres described in deed to flank L. Allen recorded in Volume 657, Page 770 of the Official Records of Robertson County, Texas, being bounded on the northeast by those tracts conveyed to H.J: Benaard by deed recorded in Volume 234, Page 78 of the Deed Records of Robertson County, Texas, on the southeast by that 55 acm tact conveyed to Willie E. Alien by deed recorded in Volume 657, Page 746 of the Official Records of Robertson County, Texas, on the soulbwest by the line between the Wright Coley Survey and the John Smith Survey and on the northwest by that tract called 92.4 acre seventh tract conveyed to Maurice H. Lightsey by deed recorded: in Volume 289, Page 785 of the Public Records of Robertson County, Texas, and being more particularly described as follows: Commencing at a 5/8" iron - rod found at the common corner of the Charles Rowe 240 acre tract described in Volume 657, Page 707 of the Official _Records of Robertson County, Texas, and the Willie Allen 55 acre tract in the line between. the John. Smith Survey, Abstract No. 334 in Robertson County, Texas, and the Wright Coley Survey, Abstract No. 95 in Robertson County, Texas, from where USGS monument "Sims" Bears S 35 04' 41" W — 18,662.7 feet and Brazos County GPS monument no. BZ136 bears S 27° 23' 45" E — 10,240.5 feet_ Thence N 32° 42' 21" W -- 671.37 feet along the line between. the said Willie Allen tract and 'that tract called 833.04 acres in decd to Forbin Investments, N.V. as Tract Three recorded in Volume 1009, Page 345 of the Official Public Records of Brazos County, Texas, to a 5/8" neon rod found at the common corner of the said Willie Allen tract and the said Hank Allen tract for the Paint of Be of this tract; Thence N 32" 45' 50" W — 1311.19 feet along the line between the said Hank Allen tract and the sai&Forbin Investments tract to a 6" fence corner post at the common corner of the said Hank Allen tract and the said Lightsey 92.4 acre tract; .. 's HM* Allen Bomdmy Swvey Page I oft 133 Thence N 56 59' 25" E - 3190.00 feet along a fence line between the said Hank Allen tract and the said Lightsey tract to the center of the Little Brazos River, from where a 5f8 "iron rod was found S 56 59'25' - 50.0 feet; Thence N 33" 13' 00" W - 26.15 feet up the center of the Little Brazos River to the common corner of the said Hank Allen tract and the said Bernard tract; Thence along the fine between the said Flank Allen tract and the said Bernard tract as follows; N 66 07' 51" E - 1919.20 feet along a fence, at 41.0' pass a 1" iron rod' fowad on line, to a 6" fence post; , N 86 17' 24' B - 253.76 feet to a 6" fence post; S 69° 08' 58" E -- 339.93 feet along a fence to an 8" fence past; S 65° 46' 00" E - 275.92 feet a fence and projection of to a point in a pond; S 33" 04' 32" E --727.78 feet to the common comer of the said Hank Allen exact and the said Bernard tracts in the northwest line of an old road and approximately on the line between the Wright Coley Survey and the Henry. Fullerton Survey, Abstract No. 153, in Robertson County, Texas; Thence S 56° 56' 24 W - 113391 feet along the northwest line of the said old road and the approximate line between the said Weight Coley Survey and the said Henry Fullerton 'Survey to a 5" cedar fence corner post in concrete at an angle point; Thence S 57 32' 57" W - 983.23 feet continuing along the northwest line of the said old road to the curter of the Little_ Brazos River on the northeast line of the said Willie Allen 55 acre tract; _ Thence N 32 30 - 290.8 -feet up the canter of the Little Brazos River to a point under the center of a concrete bridge; Thence N 40° 40' W - 34.8.feet continuing up the center of Vie Little Brazos River to the north comet- of the said Willie Allen 55 acre tract; Tlieuc:e S 56!- 51 " W - 3543.13 feet, at 50.0' pass a 518" iron-rod found` on .tine, along the fenced bine between the said Wi11ia Allen tract and the said Mv* Allen tract to the Point of Beginning and containing 1. 73-3 acres of land more or less. Bearings are Texas State Plane, NADR3(1993) datum, based on Brazos County GPS - Taonuments BZ 136 and 13Z 133 (N35° 20' 24" E )_ See Land Title Survey plat prepared for this tract dated December 2C : H=k Men 5mvey EXHIBIT "A' 134 Page 2 oft Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle . College Station, TX 77845 (979) 690 -3378 Land Tide Survey Willie Allen Tract Wright Coley Survey Abstract No. 95 Robertson County December 12, 2007 All that certain tract or parcel of laud lying and being situated in the Wright Coley Survey, Abstract No_ 95, in Robertson County, Texas, being all that tract called 55.000 acres described in deed to Willie E. Allen recorded in. Volume 657, Page 746 of the Official Records of Robertson County, Texas, being bounded on the northeast by the center of the Tattle Brazos River, on the southeast by that tract conveyed to Charles A- Rowe, Sr. by deed -recorded in Volume 657, Page 707 of the Official Rewrds of Robertson County, Texas, on the southwest by the line between. the Wright -Coley Survey and the 3oha Smith Survey and on the northwest by that tract called 172_135 acres conveyed to Hank L- Allen by deed recorded in Volume 657, Page 770 of the Official Records of Robertson County, Texas, and being more par icu.larly described as follows_ Beginning at a 5/8" iron rod found at the common corner of the said Charles Rowe 200 acre tract and the Willie Allen 55 acre tact in the line between the John Smith Survey, Abstract No. 334 in County, Texas, and the Wright Coley Survey, Abstract No. 95 in Robertson County, Texas, from where USGS monument "Sluts" Bears S 35° 04'41" W; 18,662 -7 feet and Brazos County GPS m6nament no. BZ136 bears S 27° 23' 45" E - 10,240.5 feet. Thence N 56° 52' 10" E - 3613.20 feet along the line between the said Rowe tract and the said Willie Allen tract tome center of the Little Brazos river, from when a 518 "iron rod was found S 56° 52' 10" W - 60.0 feet; Thence up the center of the Little Brazos River with its mea,yclers at?prwainate -ly as follows NT 31 30'W - 56 feet; N 43° 30' W - 173 feet; N 49° W - 125 feet to a comer of the said Hank Allen tract; N 32° 30' W - 290.8 feet to a point under the center of a concrete bridge; N 40 40' W _ .34.8 feet to the north comer of the said Willie Allen tract; . Thence S 56° 51' 51" W - 354333 feet, at 50.0' pass a 5/8" iron rod found on Line, along the fenced line between the said Willie Allen tract and the said Hank Allen tract to a 5/8" cc� Willie Aiten Boundary Survey f 8 _Page 1 o-f 2 135 I l iron rod foimd - at the common comer of same in the line between the said John Smith i Survey and the said Wright Coley Survey which is the northeast line of the tract called $33.04 acres in deed to Forbin. Investments N_V. as Tract Three recorded. in Volume j 1009 Page 345 of the Official Records of Brazos County, Tex Thence S 32° 42' 21" — 671.37 feet along the line between the said Willie Allen tract and the said liorbin Investments tract to the Point of Beginning and containing 55.0 acres of land more or less_ Bearings are Texas State Plane, NAD83(1993) datum, based on Brazos County GPS monuments BZ 136 and BZ 133 (N35° 20' 24" E ). See Land Title Survey plat prepared for this tract dated December 2007. 7 W1licAllen Boundary Survey EXHIBIT `t�' 136 Page 2 of 2 Joe Orr, Inc. . S'raveynrs &.�"ngpreers - 2167 Post Oak Circle _. Codego Stat on,- TX-77845 -- -- - - -- (979) 690 -3378 Land Title Survey Charles A- Rowe, Sr_ Tract Wright Coley Survey Abstract No. 253 Ih-dws County Abstract No. 95 Robertson County December 12,2007 ' All that certain tract or parcel of land lying and being situated is the Wright Coley Survey, Abstract No 95, in Robertson Cody, Texas, and Abstract No. 253 in Brazos County, Texas, being all that tract called 200.000 acres described in deed to Charles A. Rowe, Sr. recorded. in Volume 2650, Page 103 of the Official Public Records of Brazos County, Texas, and Volume 657, Page 707 of the Of Records of Robertson County, Texas, being bounded on the northeast by the center of -the Little Brazos River, on the southeast by the line between the Wright Coley survey and the Moses Hughes Survey, on tlue southwest by the line between the Wright Coley Survey and the John Smith Survey and on the northwest by that tract called 55.000 acres conveyed to Willie E. Allen by deed recorded in Volume 657, Page 746 of the Official Records of Robertson County, Texas, and being more particularly descn as follows: Be& inning at a 518" iron rod found at the common comer of the said Charles Rowe 200 acre tract and the Willie Allen 55 acre tract in the line between the John. Smith Survey, Abstract No. 334 in Robertson County, Texas, and the Wright Coley Survey, Abstract No. 95 in Robertson County, Taxas, from where USGS monament "SW' ]3e= S 35° 04' 41" W— 18,662-7 feet and Brazos County OPS momxment no_ B.Z136 bears S 27° 23' 45" E — 10,240.5 feet. Thence N 56 52' 10" E — 3613.20 feet along the line between the said Rowe tract and the said Willie Allen t=t W the c.mver of the Little Brazos River, from where a 5 /8"r ira►, rod was found S 56° 52' 10" Val — 60.0 feet; Thence down the center of the Little Brazos River with its meanders approximately as follows; S 32° E — 650 feet; S 22° E — 600 feet; S 19 E — 350 feet; S 11 ° E — 200 feet; S 3 W -- 450 feet; S 9 W —250 feet; Clwles Rmcl3auadary Survey Page 1 oft 137 S 15 W — 363 feet; S 26 20'- W — 57.5 feet to the line between the said Rowe tract and the William E. Kutzschbach Trust tract called 478.69 acres and described in Volume 167, Page 473 o£the-D-eed- Records - ofBrazw- County, T -exas� and Vfllume 2UUU P- age - - - - 275 of the Official Public Records of Brazos County, Texas; fim where a 5/8" iron rod was found S 48 ST - I5" W —127.0 feet at a face comer post, Thence S 56° 38' 50" W - 2568.00 feet generally along au old fence on the line between the said Rowe tract and the said Kutzschbach tract which is the line between the said Wright Coley Survey and the said Moses Hughes Survey, Abstract No. 135, to a 5/8" iron rod found at an old cedar fence corner post at the south comer of the said Rowe tract which is in the northeast line of the said John Smith Survey, Abstract No. 209, in,Brazos Coimty, Texu; Thence N 33 50' 09" W --- 1216-00 feet along the fenced line between the said: Rowe tract and the said Kutzschbach tract to a 6" fence corner post at the northeast corner of the said Kutzschbach tract which is a common comer of the said Kutzsahbach tract and that tract called 833.04 acres m. deed to Forbin investments N V. as Tract Three recorded in Volume 1009, Page 345 of the Official Records of Brazos County, Texas; Thence N 32 37' 43" W -- 1377,72 feet along the fenced line between the said Rowe tract and the said Forbin Investments tract to the Point of Beginning and contai�ug 199.8 acres of land more or less- B eggs are Texas State Plane, NAD83(1993) datum., based on Brazos County GPS monuments BZ 136 and -BZ 133 (N3P 20'24r E ). $ee Land Title Survey plat prepared for this tract dated December 20