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Home My WebLink About7-26-2007-2a - Resolution - 07/26/2007RESOLUTION DETERMINING NEED RESOLUTION NO. 7-26-2007-2a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE A FEE SIMPLE INTEREST IN CERTAIN PROPERTY; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE A FEE SIMPLE INTEREST IN PROPERTY FOR THE CORSAIR CIRCLE (AMS ROAD) EXTENSION PROJECT; AND ESTABLISHING PROCEDURES FOR THE ACQUISITION OF A FEE SIMPLE INTEREST IN PROPERTY. WHEREAS, it is necessary to establish procedures for determining the establishment and approval of just compensation for the parcels in which to acquire a fee simple interest for use as right-of-way for the Corsair Circle (AMS Road) Extension Project; and WHEREAS, there may be improvements located on the real property in which a fee simple interest is acquired for this project, and such improvements may be required to be moved, removed or demolished prior to the beginning of the Project; 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 Corsair Circle (AMS Road) Extension Project, and the public welfare and convenience will be served by the acquisition of a fee simple interest in the two (2) properties referenced in Exhibit "A" attached hereto and made a part hereof for all purposes. 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 a right-of-way in said property for the Corsair Circle (AMS Road) Extension Project. 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 appraiser shall make a recommendation to the City Manager as to the establishment and approval of the amount of the just compensation for a fee simple interest in said parcel. PART 4: After consideration of said recommendation, the City Manager shall establish and approve the amount detertnined for acquisition of a fee simple interest in the parcel. PART 5: That the City Council determines that it will waive paving assessments against parcels abutting the roadway from which any portion of said parcel is needed by the City for the right-of-way if the property owner dedicates the portion of the property necessary for the right-of-way to the City. The City Manager may execute said P:\GROMAGEN-CAL\For Legal Review\In Review\07-26-07\Corsair Circle (AMS Road) Extension\Resolution Determining Need.doc7/24/20073:21:54 PM Resolution No. 7-26-2007-2a Page 2 waivers on behalf of the City of College Station where the value of the assessment is comparable to the portion of the property acquired for the project or where the value of the assessment is used to offset the value of the portion of the property acquired. PART 6: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisrtion of a fee simple interest in the property, the City's Land Agent is authorized to communicate a written offer to the owners of said parcel for the acquisition of a fee simple interest in said parcel at the full amount determined and established to be just compensation therefore and to negotiate with said owners on behalf of the City. PART 7: That the Mayor after approval by City Council is hereby authorized to execute all documents necessary to acquire a fee simple interest in the parcel needed for said project, on behalf of the City of College Station. PART 8: That the City Manager be and is hereby authorized to sell any such surplus improvements, or order the demolition thereof, 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 t12is 26th day of July _ , A.D. 2007. ATTEST: City Secretary APPROVED: C-~A. Mayor APPROVED: City Resolution No. 7-26-2007-2a Page 3 Exhibit "A" Property Descriptions and Diagrams Resolution No. 7-26-2007-2a FIELD NOTES CITY OF COLLEGE STATION CORSAIR CIRCLE EXTENSION 0.855 OF ONE ACRE OUT OF LOT 1A REPLAT OF LOT 1 AGENCY RECORDS CONTROL, INC. VOLUME 4872, PAGE 158 MORGAN RECTOR LEAGUE, A- 94 COLLEGE STATION, BRAZOS COUNTY, TEXAS JUNE 6, 2007 All that certain lot, tract or parcel of land being 0.855 of one acre situated in the MORGAN RECTOR LEAGUE, Abstract No. 94, College Station, Brazos County, Texas, and being a part of LOT 1A, REPLAT OF LOT 1, AGENCY RECORDS CONTROL, INC. Subdivision as recorded in Volume 4872, Page 158, and being a part of the same land as described in deed from Antone Dabrovolny et al to Agency Records Control, Inc. of record in Volume 313, Page 816, Deed Records of Brazos County, Texas, said 0.855 of one acre tract being more particularly described by metes and bounds as follows: BEGlNNING at a'/" Iron Rod with Cap set in the south line of said Lot 1A for the southeast corner, said comer also being focated in the north line of CENTURY HILL DEVELOPMENT as recorded in Volume 7623, Page 231, Official Records of Brazos County, Texas, a'/" Iron Rod in Concrete found for an interior carner of said Lot 1A bears S 88 ° 40 ' 04" E a distance of 58_08 feet; THENCE N 88 ° 40' 04 "W, along the common line between said Lot 1A and said Century Hill Development a distance of 60.07 feet to a'/" Iron Rod with Cap set for the southwest comer, the calculated southwest corner of said Lot 1A bears N 88 ° 40 ` 04 " W a distance of 802.69 feet; THENCE N 01 ° 25' 13 " W, a distance of 598.09 feet to a'/z" Iron Rod with Cap set for the beyinning of a curve; THENCE around a curve to the left, same having an arc length of 38.66 feet, a radius of 25.00 feet and a chord bearing of N 45 ° 43 ' 07 " W, that bears a distance of 34.92 feet, to a'/" Iron Rod with Cap set in the north line of said Lot 1A for the northwest corner, said comer being located in the south right-of-way line of Emerald Parkway as described in Volume 488, Page 593, a Calculated corner for angle point of said Lot 1A bears S 89 ° 59 ` 00 " W a distance of 198.18 feet; THENCE N 89 ° 59' 00 " E, along the north line of said Lot 1A and the south right-of- way line of sa9d Emerald Parkway a distance of 27.74 feet to a'/Z" Iron Rod found for the beginning of curve; THENCE continuing along the north line of said Lot IA and the south right-of-way line of said Emerald Parkway around a curve to the left, same having an arc length of 32.70', a radius of 1494.00 feet and a chord bearing of N 89 ° 21 ' 26 " E, that bears a distance of 32.70', to a'/" Iron Rod found for the northeast corner, said corner being the northwest corner of Lot 1, Block 4, Emerald Forest Phase 1 as recorded in Volume 488, Page 593; THENCE S 47 ° 47 ' 10 " E, along the northeast line of said Lot 1A and the southwest line of said Lot 1, Block 4 a distance of 33.17 feet to a'/" Iron Rod with Cap set for an Resolution No. 7-26-2007-2a exterior comer, a 5/8" Iron Rod found forthe most southerly corner of said tot 1, Block 4 bears S 47 ° 47 ' 10 ° E a distance of 138.52 feet; THENCE around a curve to the left, same having an arc length of 1.45 feet, a radius of 25.00 feet and a chord bearing of S 00 ° 14 ' 33 " W, that bears a distance of 1.45 feet, to a'/z" Iron Rod with Cap set for the point of tangency of a curve; THENCE S 01 ° 25' 13 " E, a distance of 600.50 feet to the PLACE OF BEGINNING CONTAINING AN AREA OF 0.855 OF ONE ACRE OF LAND MORE OR LESS, according to a survey pertormed during May, 2007, under the supervision of H. Curtis Strong, Registered Professional Land Sunreyor No. 4961. North Orientation is based on rotating the south line of said Lot 1A to Plat Calls in Volume 4872, Page 158. For other information, see accompanying plat. Resolution No. 7-26-2007-2a 712 B`°adm°°r, sune 105 e.yin rexas nsos S TRONG Phona (979) 776-9836 I URVEYINC Fax: (979)737.0096 I emaiL• curtisostrongsurveyfng.com -71 North orlentation Is based on rotatinp the northeast line of Lot IA to Plafi L=32.70' Colls as recorded In Volume 4872, Page 158. R=1494.00' I/2" Iron Rod wlth Cap Set at all cornars, D=01°1596`' unless otherwlsa nated. C LEN=32.70' . C BRG=N 89°21'26" E . , ~T 16.35 F8~,,,` I. - > , , ~tr«. - V"~~ p8&,yay Fnd.. I/2" Iron Rod N 89'59'00" E 27.74' ~Set I/2" Iron Rod w/Cap Calculated--/ I L=38.66' " Corner R=25.o0' a D_88•35'47" o ~%C LEN=34.92' Set I/2" Ir n d C SR6=N 45•43'07" W o w/Ca iT=24.39' /~ll•l7 /l ll J%7 % l 17 %'1 7- N 01°25'13" W 598,09' - : ~ I ~ f ~ ~ r-- LOT 1A Replat of Lot 1 Agency Records Control, Inc 48T2h58 ~ ; ~ r-Calculated Southwest Corner ` I I SetI/2" iron Rod w/Ca ~ N as°a-o'o4° w ~ ~ Fnd. 1/ Rad ~ S 47'47'10" E 33J7' Set I/2' Iron Rod w/Cap x;. L o t I oo"o (ih, o ~ ,•,o~...+ o SCALE 1" = 100' I Lot 2 Emerald Forest R=2g.0,P' \ D=03'19'33" G LENd.45' C BRO=S 00'14'33" W T=0.73' S'`OI°25'13" E 600.50' ~ o ~ Lot 3 88°4o•04" w 60.07- Set I/2` Gon Rod w/Cap e,..,, rFnd. Concrete Monument ~ Lot 10 : a + ~ Century Hil Development 7623/?31 I, H. Curtis Strong, Registered Professional Land Lot D Surveyor No. 4961, do hereby certlfy that this plat rapresenfs the results of a survey performed CIIY OF COLLEGE STATION on the ground under my supervision and is true and correct to the best ot my knowledge. CORSAIR CIRCLE EXTENSION 0B55 OF ONE ACRE OUT OF LOT 1A REPLAT OF LOT 1 AGENCY RECORDS CONTROL, ING VOLUME 4872, PAGE 158 MORGAN RECTOR LEAGUE, A- 94 COLLEGE STATION, BRAZOS COUNTY, TIXAS JUNE 6, 2007 Phase 1 488/593 ~ Resolution No. 7-26-2007-2a FIELD NOTES CITY OF COLLEGE STATION CURSAIR CIRCLE EXTENSION 0.009 OF ONE ACRE OUT OF LOT 1, BLOCK 4 EMERALD FOREST PHASE 1 VOLUME 488, PAGE 593 STEVE DUNCAN - OWNER VOLUME 6277, PAGE 174 MORGAN RECTOR LEAGUE, A- 94 COLLEGE STATION, BRAZOS COUNTY, TEXAS JUNE 6, 2007 Ali that certain lot, tract or parcel of land being 0.009 of one acre situated in the MORGAN RECTOR LEAGUE, AbstractNo. 94; College Station, Brazos County, Texas, and being a part of LOT 1, BLOCK 4, EMERALD FOREST, PHASE 1 as recorded in Volume 488, Page 593, Deed Records of Brazos County, Texas and being the same land as described in deed from Eldred E. Keahey and wife Mary Sue Keahey to Steve Duncan of record in Volume 6277, Rage 174, Official Records of Brazos County, Texas, said 0.009 of one acre being more particularly described by metes and bounds as follows: BEGINNING at a%2" Iron Rod found in the south right-of-way line of Emerald Parkway for the northwest corner, said corner being the northwest corner of said Lot 1, Block 4; Emerald Forest, Phase 1, said corner also being the northeast comer of Lofi 1A, Replat of Lot 1, Agency Records Control, Inc. of record in Volume 4872, Page 158; THENCE around a curve to the left, same having an arc length of 48.23 feet, a radius of 1494.00 feet and a chord bearing of N 87 ° 48 ' 19 " E, that bears a distance of 48.23 feet to a'/Z" Iron Rod with Cap set for the northeast comer, a 5/8" fron Rod found for a point of curvature in north line of said Lo, t 9, Block 4 bears N 82 ° 51 ' 48 " E a distance of 209.32 feet; THENCE around a curve to the left, same having an arc length of 37.08 feet, a radius of 25.00 feet and a chord bearing of S 44 23 35 ' W, that bears a distance of 33.77 feet to a'/2' Iron Rod with Cap set for the most southerly corner, said corner being located in the southwest line of said Lot 1, Block 4 and aiso being located in the northeast line of said Lot 1A, Replat of Lot 1, Agency Recocds Contcol, Inc., a 5/8" Iron Rod found for the most southerly comer of said Lot 1, Block 4 bears S 47 ° 47 ' 10 " E a distance of 138.52 feet; THENCE N 47 ° 47' 10 " W, along the southwest line of said Lot 1, Block 4 and the nor.theast line of said Lot 1A, Replat of Lot 1, Agency Records Control, Inc. a distance of 33.17 feet to the PLACE OF BEGINNING AND CONTA1NlNG AN AREA OF 0.009 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed during May, 2007, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961. North Orientation is based on rotating the southwest {ine of said Lot 1, Block 4, emerald Forest, Phase 1 as recorded in Volume 488, page 593, to Plat cafls. For, other information, see accompanying plat. n . ~ Resolution No. 7-26-2007-2a 1722 Broadmoor, Suite 105 S TRO N V S"n, Texas 77802 Phone (979) 776=9836 I URvEYING Fax: (979) 731-0096 emalh. curtisastrongsurveying.com North orientation is based on rototing the southwest line of Lot I, Block 4 to plat calls as recorded In Volume 488, Page 593. Emerald Parkway Atmos Gas Line a 0 Fnd. I/2" Iron Rod wer M 7°47'10" E 33.17= Eaga at Set I/2" iran Rod w/Cap 8 2koposed Corsalr- -,~xtension Q 0 3 Lot 1A Records Control, Inc, 4872J158 _ - i I, H. Curtis Strong, Registared Professional Land Surveyor No. 4961, do hereby certify that this plat represents the results of a survey performed on the ground under my supervision and Is true and correct to the best of my knowledge, N SCALE: 1" = 30' L=48.23' R=1494.00' . D=01°50'58° CH LEN=48.23' Fnd. 5/8" Iron Ro CH BRG=N .87°48'19" E T=24.12' ,-Set I/2" Iron Rod w/ Ca~ ia:-• , Steve Duncan • ` ! ! 6277/174 q ' LOt 1, Blodc 4 Elsetrle Plu~ L=37.08' Fmerald Faest R=25,00' Phase 1 D=84°58'30" 488/593 , ~~t CH LEN=33,77' t4 ~i CH BRG=S 44°23'35" W T=22.90' 0 , 0 ()0 0 e S, R~ • O'.. - Q 4 ~ Q ~d8 .s2 Q o ~ Q Televitloe 9ox-. i j Fnd. 5/8" Iron Rod CITY OF COLLEGE STATION CORSAIR C1RCLE EXTENSION 0.009 OF ONE ACRE OUT OF LOT 1, BLOCK 4 EMERALD FOREST PHASE 1 VOLUME 488, PACE 593 STEVE DUNCAN-OWNER VOLUME 62772 PACE 174 MORGAN RECTOR LEAGUE, A• 94 COLLEGE STATION, BRAZOS COUNTY, TDCAS JUNE 6, 2007