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HomeMy WebLinkAbout10-11-2007-3f - Resolution - 10/11/2007 L RESOLUTION DETERMINING NEED RESOLUTION NO. 10 -11- 2007 -3f 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 SANITARY CONTROL EASEMENTS FOR WELLS #1 AND #2 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 public water supply system as a public service; and WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the public water supply 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 public water supply 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 Sanitary Control Easements for Water Wells 1 and 2, (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 install the Sanitary Control Easements for Water Wells 1 and 2, through the City's acquisition, by purchase or condemnation proceeding, of the right -of -way and easements as provided in Exhibits 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 Sanitary Control Easements, and the public welfare and convenience will be served by the acquisition of the Sanitary Control Easements. kir RESOLUTION NO. 10 -11- 2007 -3f 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 Sanitary Control 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 Sanitary Control Easements. PART 4: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of the Sanitary Control Easements. PART 5: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the Sanitary Control 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 Sanitary Control 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 Sanitary Control 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 t ry property acquired in connection with this Project. RESOLUTION NO. 10-11-2007-3f Page 3 PART 9: That this resolution shall take effect immediately from and after its passage. ADOPTED this 11 day of October, A.D. 2007. ATTEST: APPROVED: 4 City Secretary Mayor APPROV ED: E Signed by Carla A Abinson VFRTFY a nthant■rity with Annmv�it City Attorney Joe Orr, Inc. Surve & Engineers c 2167 Post Oak Circle College Station, TX 77845 (979) 690 -3378 Proposed Sanitary Control Easement Al Brandt, Jr. Tract Francis W. Smith survey A -219 Brazos County, Texas August 7, 2007 All those certain tracts or parcel of land lying and being situated in the Francis W. Smith survey, Abstract No. 219 in Brazos County, Texas, being a part of that 12.00 acre tract conveyed to Al Brandt, Jr. and wife, Susan J. Brandt by deed recorded in Volume 3819, page 153 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: Part One 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 BZ136 bears S 81 °35'34 "W - 12956.4'. Thence S 82° 38' 23" W — 155.00 feet along the radius of said circle to the Point of Beginning of this easement on the northwest line of the said City of College Station tract. Thence along the arc of said circle m a clockwise direction through a central angle of 78° 47' 27" through the said Brandt tract to the southwest line of F.M. 1687 (Sandy Point Road); // Thence S 68 56' 02" E — 38.69 feet along the southwest line of Sandy Point Road to the north corner of the said City of College Station tract from where a ''Y2" iron rod was found S 35° W — 1.47'; Thence S 42° 34' 33" W — 207.61 feet along the northwest line of the said City of College Station tract to the Point of Beginning and containing 0.19 acres of land more or less. Part Two 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 BZ136 bears S 81° 35' 34" W — 12956.4'. Thence S 8° 30' 14" W — 155.00 feet along the radius of said circle to the Point of Beginning of this easement on the northwest line of Britten Road and the southeast line of the said Brandt tract; CS Well 1 Sanitary Esmt. Page 1 of 2 CPI Thence along the arc of said circle in a clockwise direction through a central angle of 61 17' coo 09" through the said Brandt tract to the southwest line of the said City of College Station tract; Thence S 69 29' 57" E — 170.66 feet along the southwest line of the said City of College Station tract to a Y2" iron rod found in the northwest line of Britten Road; Thence S 43° 01' 27" W — 54.69 feet along the northwest line of Britten Road to the Point of Beginning and containing 0.15 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. /,� G., .1 �.« i + .4 . . ...:; P Ai R 1.42Y0 1 / , f 1.4. 78 i Y CS Well 1 Sanitary Estnt. Page 2 °(2 (kW Proposed Sanitary Control Easement Al (Sc Susan Brandt Tract 0 . Francis W. Smith survey A -219 F Brazos County, Texas August 2007 • 76.0 0 30 60 120 Feet 80' . an \ r, 9h1� y p Bearings are Texas State Plane, NAD83(1993) O(� a/ datum, based on Brazos Count' CPS monuments 60,......, 1 H 68. BO7' WOl, ',t o 91136 and 91133 (N 35 E). ra ' �W W { od All existing easements end utilities are not � bi 8 5r shown on this plot. rw s• See separate metes and bounds description prepored with this plot. Proposed us 3 s \ Easement " ss or / s 10 4... .s 6.0. oz . N. 0.19 acres ' 'i`, `^ a r ay J , (Part One) ry / / `, '° w \ 6 • Note: , / O • Dimensions shown arc from the h/ ', `. corners of the City of College /// • w ..4‘ Stotion tract, os originally surveyed n i • : c by Jae Orr, Inc. in Ilorch 1979.x/ e 1 0/ w� - 7 f The iron rods were opporently /. ,� distured during fence construction. \ ♦c/ 1* • ` / 5 j, , City of College Station 1 I `� rodi 1.01 acres a / • Vol. 436, Pg. 422 i / I i i F � W _ 155.00' Existing Location of • / / m ' • 5 82' 2a • 35 ,3 4 0 . IB 5 City of College Station `•� Water Well No. 1 g 66 Lrl ' .. la G� ' 6 (pomp shaft) C6' / .. , / / line found n C O ,/ N N 60•E -0.30' J \•, 7 ` Q—*A • �/ • N (-4 j) i cs / / s — • „,\ - ' e (Pr y v, \ s D ss '( to ,• .� /OAT / �� /�o 6 Al Brandt, Jr. and ' ° 4 1e + '' f, wile, Susan J. Brandt m o o . ro , / D'Anne R. J 12.00 acres hy 1' (partial interest in) 165.00 oc. 3 Vol. 3819, Pg. 153 — Vol. 1306, Pg. 259 _ 1 a � .,, / also see: • 6 ` 5 (partial interest in) 185.85 ac. 3 P ro Proposed ` Easement ti / Vol. 1949, Pg. 304 (& others) • � N 0.15 acres ./ r k° oo (Part Two) Je •i N .- / o rg • i / Ct • aF 7'• �� a, Joe O Inc. 4 ta ` eF ' (� D „yt• A •• " v S • v Surveyors d Engineers '� 'A' 4 1 •••• lL 2167 Post Oak Circle ` ti9 e ! • / E College Station, TX 77845 9yK • V ∎' (9 79) 690 -3378/ / .' UR• E n. CJ (PO 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.l 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 BZ136 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 comer 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. ° T i '''..AVel • 'I 4.... , Yf • ... ..N ). I DA ....1 ,AYO •.N ��) ,,, N � ;� 1 475 ,,.. ,,,,„;;„..,,,,..., (.... Proposed Sanitary Control Easement —\ D'Anne Johnson Tract Thomas Webb survey A -240 Brazos County, Texas August 2007 FM 76 0 30 60 120 Feet U 0. Bearings ore Texas State Plane. NA083(1993) V1/ datum, based an Brazos Cauntr GPS monuments rr 9fJ(� p 82136 and BZ133 (N 35'20'74 E) \` Cf__ °a nt p Alt existing easements and utilities are not \ \ — — oQd) See seporshown on this plat. --- wit metes and bounds description prepared with this plat. \ \ N. // \ / • 'a v , x/ i S ..r / ° � ' athl 6 is Existing Location of / o ----_ 'b i City of College Station City of College Station P/ o \ ' Woter Well No. 1 1.01 ocres ' o a', ,f,1 (pump shaft) Vol. 436, Pg. 422 I . a c." L v • 0. 35•3 129 536 S ?9'53.0 °� 'e o 1 . s e GPs m••• ez 5`E _ 155.00• 1 2. b' / /// C6 r t; • 4 • / oQ cs �g / ED . i r' 0�, Lk Y t` o `j �\ I ra ? co 0 Proposed � * :-L 9.$ \. u �t . h ° 0.06 acres C m cii r \ \ / a � \e / / D N { ° n Al Brandt, Jr. and \ a�� a`i wife, Susan J. Brandt �, 12.00 ocres — _ - vi i Vol 3819, Pg. 153 v/ / D'Anne R. Johnson . ' r (partial interest in) 165.00 cc. Q :b' 3 '� P ti VOI. 1306, Pg. 259 o / " d / also see' nii o J (partial interest in) 185.85 ac. o N 4"/ ..,,, Vol. 1949, Pg. 304 (k others) a / *e / 0 a� 4 6 c a @ Joe Orr, Inc. / `V qq Surveors k Engnears t i: 2167 Post Oak Circle . .«a. a ... E (o College Station, TX 77845 r e (979) 690 -3378 •.,, 47 t ,4;: ss; q: , ` l off/ }. p ..« L ` . / I 111";) Joe Orr, Inc. Surveyors d Engineers 2167 Post Oak Circle College Station, TX 77845 (979) 690-3378 Proposed Sanitary Control Easement Johnny Ward Tract Samuel Johnson survey A -147 Brazos County, Texas August 7, 2007 All that certain tract or parcel of land lying and being situated in the Samuel Johnson survey, Abstract No. 147, in Brazos County, Texas, being a part of that 8.00 acre tract conveyed to Johnny Redden Ward by deeds recorded in Volume 657, page 539 of the Deed Records of Brazos County, Texas, and Volume 3504, Page 58 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. 2 and being more particularly described as follows: Commencing at the center of the said City of College Station Water Well No. 2 in that 1.39 acre tract conveyed to the City of College Station by deed recorded in Volume 436, Page 425 of the Deed Records of Brazos County, Texas, from where GPS monument BZ136 bears S 76° 43' 02" W — 9861.2'. Thence N 40° 51' 52" E — 155.00 feet along the radius of said circle to the Point of Beginning of this easement on the northeast line of the said City of College Station 1.39 acre tract; Thence along the arc of said circle in a clockwise direction through a central angle of 163° 14' 46" through the said Johnny Redden Ward tract to the southwest line of the said Ward tract at point from where a 1/2" iron rod was found S 7° 21' 15" E — 279.15 feet at a fence 4 corner; Thence N 7° 21' 15" W — 35.48 feet along the southwest line of the said Ward tract to the south corner of the said City of College Station tract from where a ' /2" iron rod was found N 23° W — 0.70 feet; Thence N 72° 35' 49" E — 200.00 feet along the southeast line of the said City of College Station tract to the east corner of same from where a 1/2" iron rod was found S 4° W — 0.31 feet; Thence N 7° 30' 29" W — 165.10 feet along the northeast line of the said City of College Station tract to the Point of Beginning and containing 0.41 acres of land more or less. Bearings are Texas State Plane, NAD83(1993) datum, based on Braze ty GPS monuments BZ136 and BZ133 (N 35° 20' 24" E). „r � , OF T �: G E • • See survey plat dated August 2007. ..- ' A as k ', 1 , D R A i. ) 1( d ^ V . • ,, • • al 6 S `o•yo „ • su "RN4 Cor Proposed Sanitary Control Easement Johnny Ward Tract C Samuel Johnson survey A— 1 47 Brazos County, Texas ti r o� °J4�` a P °‘(\ b \ S dy,�ol off` c r‘ (6 % Note: 5 S ^r F yq, Dimensions shown are from the 5 Z3• 4 " 0 .4f 9 1 bo corners of the City of College r 1 g Station tract, as originally surveyed by Joe Orr, Inc. in Morch 1979. t: \ p '1 The iron rods were apparently `i disturbed during fence construction. II August 2007 \ I City of College Stotion 0 30 60 120 Feet 1.39 acres Vol. 436, Pg. 425 l--I 1--4 F--t 1 I I Bearings are Texas State Plane. NPD83(1993) iTSS • I Z \ dotum. based on Brazos County CPS monuments N.P. ll BZ136 and BZ133 (N 35'20'24 E). - \ C 6 . as Al l existing eosements an u ore not 4, O \ N shown on this plot. 4 '} N� .- r ,.; See separate metes and bounds description dy 1 N prepared with this plat. Existing Location of a IX + ' City of College Station � 1 n I ! ' � ' Water well No. 2 I 8 n (pump shaft 1 l cn IA u lP cO a }6 1 55' radius : o a l \ . . _ s T o2M_ man, BZ g " 1 A • l a Proposed � , • 4;e ' .. s '• Easement J I 0.41 acres _� C ° / N. I p o o ;° ro ' . Johnny S. Lamps \ - 2 1 • I; 33.6 acres ` '49 E - " ., 1 '' Vol. 438, Pg. 339 \ � i ` % I A 1 /„'") H 1,r,y_ O . . / CI Z � -",,' La 1 / o £_ --\ ----- Johnny Redden Ward C1 8.00 acres vol. _ , Pg. 539 aN `m.; -- t , „:: 58 g •ax '1 aµ pond 0 Joe Orr, Inc. l s F . � 9. ^ \ c, A Surve & Engineers ,,, -, 11 !�+ �''' L` 2167 Post Oak Circle o ' ,. ,• • 2_, College Stotion, TX 77845 8N ` � a ` �Y• 7':`) (979) 690 -3378 I $ . \ ,,....‘.1.„.4,,,,, d p .?' r U -VV ' •"...,`,--1 $ lei00 r' „ SUR a; (me Joe Orr, Inc. Surveyors 8. Engineers (11, 2167 Post Oak Circle College Station, TX 77845 (979) 690 -3378 Proposed Sanitary Control Easement Johnny Lampo Tract Samuel Johnson survey A -147 Brazos County, Texas August 7, 2007 All that certain tract or parcel of land lying and being situated in the Samuel Johnson survey, Abstract No. 147, in Brazos County, Texas, being a part of that 33.61 acre tract conveyed to Johnny S. Lampo by deed recorded in Volume 438, page 339 of the Deed Records of Brazos County, Texas, being a portion of circle of 155 foot radius centered on the City of College Station Water Well No. 2 and being more particularly described as follows: Commencing at the center of the said City of College Station Water Well No. 2 in that 1.39 acre tract conveyed to the City of College Station by deed recorded in Volume 436, Page 425 of the Deed Records of Brazos County, Texas, from where GPS monument BZ136 bears S 76° 43' 02" W -- 9861.2'. Thence S 24° 06' 38" W — 155.00 feet along the radius of said circle to the Point of Beginning of this easement on the southwest line of that 8.00 acre tract conveyed to Johnny Redden Ward by deeds recorded in Volume 657, Page 539 of the Deed Records of Brazos County, Texas, and Volume 3504, Page 58 of the Official Public Records of Brazos County, Texas; Thence along the arc of said circle in a clockwise direction through a central angle of 116 ° 48' 15" through the said Johnny Lampo tract to the southwest line of the said City of College 41111, Station tract at point located S 7° 30' 29" E - 69.48 feet from the northwest comer of same in the south right -of -way line of F.M. 1687 from where a 'A" iron rod (bent) was found (bent) S 25° W — 0.24 feet; Thence S 7° 30' 29" E — 228.56 feet along the southwest line of the said City of College Station tract to the south corner of the said City of College Station tract from where a'/" iron rod was found N 23° W — 0.70 feet; Thence S 7° 21' 15" E — 35.48 feet along the southwest line of the said Ward tract to the Point of Beginning and containing 0.32 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). :.•s'? G See survey plat dated August 2007. y * roe $. . .R L ! - (be Proposed Sanitary Control Easement Johnny Lampo Tract c Samuel Johnson survey A— 1 47 Brazos County, Texas f � o odl ,// � Pp' \ August 2007 <So �dy i' � o/ • 11 0 30 60 120 Feet F M r Beorings ore Texas State Pione, NAD83(1993) ' • datum, bosed on Brozos County GPS monuments S �'n , r rq c ° � ' O B1136 and 8Z133 (N 35 E). ?sw • o Z °, J' NI existing eosements and utilities ore not u , shown on this plat. See separote metes and bounds description 15 prepared with this plat. w � I City of College Station l / 1.39 acres �\ Vol. 436, Pg. 425 1\1. !. Note: Proposed / Dimensions shown are from the l / corners or the City of College Easement Station tract, os originally surveyed e by Joe Orr, Inc. in March 1979. d 0.32 acres R / ' The iron rods were opparently ° —\ = t P r � disturbed during fence construction. I a sy l r Existing Location of S Id u PO � I$ v City of College Stobon ^ o 1 � It , N p x . • 1 Water Well No. 2 i rn l 6 1.2' (pump shoft) • 1` D I \ t } Slo Gpsamo'BZjj6 I co _' 11 N 0+1 VI t 9 8 a? , a tGaJ h. \ co. al - cjJ 3 Johnny S Lampo \ ` ;c , n 33.61 acres I s'' 0 Vol. 438, Pg. 339 \ '! > I-7 \ H? 3 ` ' w a 14 ut NII / / rx \ 01 .• o LP 01 ��• - Johnny Redden Ward rX m . 8.00 acres O 657, Pg. 539 1� ` O. h ,04, Pg. 58 g \ r ` Q I 3i,, pond f G t . . Joe Orr, Inc. s , t :} r 4 Surveyors ,k Engineers - 6 1 Z _ LL 2167 67 Post Ook Circle \ ; ` ` ;� ° `• a a °' ' • Col Station, TX 77845 0 .. • .. , N .....• ."...)t. a., (97 690 - 3378 3 p '. � • 14 ce