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HomeMy WebLinkAbout7-27-2006-12.16 - Resolution - 07/27/2006 201 RESOLUTION NO. 7-27-2006-12.16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS RELATING TO: (I) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE, AND ACQUIRE BY CONDEMNATION AN EXCLUSIVE, PERMANENT PUBLIC UTILITY EASEMENT REGARDING 0.60 ACRES OF LAND MORE OR LESS, AND A RELATED TEMPORARY CONSTRUCTION EASEMENT REGARDING 0.63 ACRES OF LAND MORE OR LESS, IN BRAZOS COUNTY, TEXAS, A PART OF THE STEPHEN F. AUSTIN LEAGUE NO.9, ABSTRACT NO. 62; (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, and maintenance 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, and maintenance 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 Govermnent 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 Water Transmission Line 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 and improve 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 202 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 and expanded through the City's acquisition, by a condemnation proceeding, of the following easements: (a) an exclusive, permanent public utility easement and right of way ("permanent public utility 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 0.60 acres more or less, a part of the Stephen F. Austin League No.9, Abstract No. 62, 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) a related temporary construction easement ("temporary construction 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 0.63 acres more or less, a part of the Stephen F. Austin League No.9, Abstract No. 62, 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 utility easement and temporary construction easement 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: (a) the construction, installation, inspection, placement and removal of water lines, water pipelines, and related water utility infrastructure, facilities, and improvements by the City, on, in, over, above, along, under, across, and through said property, in order to improve, expand, and maintain the source, 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 (b) the permanent ownership, operation, construction, repair, inspection, placement, removal, and maintenance of the water utility system at the location of said permanent utility easement on the subject property, including all utility infrastructure, facilities, or improvements placed on, in, over, above, along, under, across, and through said property, in order to improve, expand, and maintain the 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 public utility easement and the temporary construction easement 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 public utility easement and the temporary construction easement 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 permanent public utility 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 2 203 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: I. 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 public utility easement, the temporary construction easement, 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 public utility easement, the temporary construction easement, and the subject property are hereby authorized; ratified, approved, confmned, 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 public utility easement and the temporary construction easement regarding the subject property, as described herein. 6. The permanent public utility easement and the temporary construction easement 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: a. the construction, installation, inspection, placement and removal of water lines, water pipelines, and related water utility infrastructure, facilities, and improvements by the City, on, in, over, above, along, under, across, and through said property, including but not limited to water transmission lines, connecting water pipelines, access facilities, attachment structures and equipment, and communication lines specifically related thereto, in order to improve, expand, and maintain the source, 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; and 3 204 b. the permanent ownership, operation, construction, repair, inspection, placement, removal, and maintenance of the water utility system at the location of said permanent utility easement, including all utility infrastructure, facilities, or improvements placed on, in, over, above, along, under, across, and through said property, as described herein, in order to improve, expand, and maintain the source, 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; c. 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 public utility easement and the temporary construction easement by the City through a condemnation proceeding. 8. Regarding the permanent public utility easement, temporary construction easement, and subject property described in this resolution, and pursuant tp the project, the City hereby declares the following: a. The City made a bona fide, good faith offer to purchase said easements from the owner of the subject property. Said offer was rejected or not accepted by the owner. Thus, the City and said owner 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. 9. 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 public utility easement, the temporary construction easement, 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 to hire, engage, or direct such City staff, engineers, surveyors, appraisers, title companies, architects, attorneys, or other persons or entities needed to effect: the mapping or design of the necessary utility 4 205 infrastructure, facilities, or improvements on the subject property; the establishment and acquisition of the necessary title to the subject property; and the construction, operation, inspection, and maintenance of the necessary utility infrastructure, facilities, or improvements on the subject property. c. 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. d. 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. e. 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. f. 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 public utility 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: (a) said owner shall not be allowed to lay-out, dedicate, construct, maintain, or use any house, structure, or reservoir, or to permit same to be accomplished, on, over, under, through or within said easement except as provided herein; but (b) said owner shall be allowed to lay-out, dedicate, construct, maintain, or use roads, streets, alleys, and driveways, on, over, or within said easement, provided that said use does not change the grade over the land of said easement without the prior written consent of the City. II. Upon acquisition of the temporary construction easement, said easement shall exist only for such period of time as is required for the construction, installation, completion, and inspection of all utility infrastructure, facilities, or improvements placed on, in, over, above, along, under, across, and through the subject property, as described herein, after which time said temporary construction easement shall cease to operate or be effective. 5 206 12. This resolution and order shall take effect immediately from and after its passage. 13. 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 27th day of July , A.D. 2006. A~~ CONNIE HOOKS, City Secretary APPROVED: ~A'{ -/A~ RON S V 1\, Mayor APPROVED: City Attorney 6 207 Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, TX 77845 (979) 690-3378 Proposed Easement Nowsco Addition Stephen E Austin League No.9 Bryan, Brazos County, Texas September 21,2004 All that certain tract of parcel of land lying and being situated in the Stephen P. Austin League No.9, Abstract No. 62, in Bryan, Brazos County, Texas, being a part of Lot 1 Block I of the Nowsco addition to the City of Bryan according to plat of record in Volume 470, Page 871 of the Deed Records of Brazos County, Texas, lying along and adjoining the. northeast line of the existing Lone Star Gas Company easement as described by said plat and amendment recorded in Volume 6218, Page 209 of the Official Public Records of Brazos County, Texas, and being more particuiarly described as follows: Beginning at a y," iron rod with a blue plastic cap stamped "College Station Easement" set in the line between the said Nowsco addition and the Amtex Subdivision Phase 1 according to plat of record in Volume 495, Page 449 of the Deed Records of Brazos County, Texas, from which a concrete right-of-way monument was found S 67" 01' 21" W - 30.0 feet at the common corner of the said Nowsco addition and the said Amtex Subdivision in the northeast right-of-way line of Harvey Mitchell Parkway (P.M. 2818). Thence N 22" 53' 41" W - 508.54 feet along the northeast line of the said Lone Star Gas Company easement 30 feet from and parallel to the northeast right-of -way line of EM. 2818 to a hole drilled in concrete at an angle point; Thence N 4" 00' 23" E - 198.92 feet along the east line of the amended TXU easement described in Volume 6218, Page 209 of the Official Public Records of Brazos County, Texas, to a y," iron rod with a blue plastic cap stamped "College Station Easement" set at an angle point; Thence N 22" 53' 41" W - 139.86 feet along the northeast line of the platted Lone Star Gas Company easement 30' from and parallel to the northeast right-of-way line of FM 2818 to a Yz" iron rod with a blue plastic cap stamped "College Station Easement" set in the northwest line of the said Nowsco addition and the southeast line of the Union Pacific Railroad 0.64 acre tract as described by deed recorded in Volume 311, Page 27 of the Deed Records of Brazos County, Texas from which a concrete right-of-way marker was found S 58" 57' 02" W - 30.31 feet; Nowsco Easement Page I of2 206 Thence N 58" 57' 02" E - 30.31 feet along the line between the said Nowsco addition and the said Union Pacific Railroad tract to the most northerly comer of this tract; Thence through the said Nowsco addition as follows; S 220 53' 41" E - 151.33 feet to an angle point; S 4" 00' 23" W - 198.92 feet to and angle point; S 22" 53' 41" E - 453.01 feet to an angle point; S 45" 23' 41" E - 52.26 feet to the line between the said Nowsco addition and the said Amtex Subdivision; Thence S 67" 01' 21" W - 50.00 feet along the line between the said Nowsco addition and the said Amtex Subdivision to the Point of Beginning and containing 0.60 acres of land more or less. Bearings are TX State Plane, central zone, NAD-83 datum, based on City of College Station monument no. 107 and GPS observations. Nowsco Easement Page 2 of2 C:\Program F1Ies\AUlOCAD 2002\DWGlN0wsc004.dwg, Model, 9/21/2004 3:32:07 PM :r " < " ~'< :'1;:: ;::-- -<r ",:r ~~ (Xl" -" ,.. " " '< : I - =---==- -...... - Union Pacific RQllroad Co. 100' R.O.W. vol. 24. pg. 305 < :2- "z III ....0 ~!i: .o~ "00 <po '" .... 209 --- --- --- --- --- --- --- ~~--- -- ........'" --~~...:;- --- ~[ fif a_ < )> ~ 3 lD' ~"tJ>< ~(1J 5 <n "''' "0 'DC" lp -~ ~ ~: .. 0 co " / // /// Joe Orr, Inc. Surveyors Ii Engineers 2167 Post Oak Circle College Slation, TX 77845 (979) 690-3378 Proposed Temporary. Easement Nowsco Addilion StephenF. Austin League No. 9 Bryan, Brazos County, Texas March 16, 2006 All that certain tract of parcel of land lying and being silualed in lhe Stephen E Auslin League No.9, Abstracl No. 62, in Bryan, Brazos County, Texas, being a part of Lot I Block I of lhe Nowsco addition 10 lhe City of Bryan according 10 plat of record in Volwne470, Page 871 oflhe Deed Records of Brazos County, Texas, lying between lhe northeaslline of lhe exisling Lone Star Gas Company easement as described by said pial aud amendmenl recorded in Volume 6218, Page 209 of lhe Official Public Records of Brazos County, Texas, and the northeasl right-of-way line of Harvey Mitchell Parkway (p.M. 2818) and being more particularly described as follows: Beginning at a concrete right-ot-way monument found at the common comer of the said Nowsco addition and lhe Amtex Subdivision Phase I according to plat of record in Volwne 495, Page 449 of lhe Deed Records of Brazos County, Texas, in lhe northeast right-of-way line of Harvey Milchell Parkway (p.M. 2818). Thence N 6i' 01' 21" E - 30.00 feel along lhe line between lhe said Nowsco addition and lhe said Amtex Subdivision to a y," iron rod wilh a blue plastic cap stamped "College Station Easement" set for the most easterly comer of this tract; Thence N 22' 53' 41" W - 508.54 feet along lhe northeaslline of lhe said platled Lone Star Gas Company easement30 feet from and parallel to lhe northeasl right-of - way line ofFM 2818 to a hole drilled in concrete at an angle poinl; Thence N 4' 00' 23" E - 198.92 feet along lhe easlline of lhe amended TXU easement described in Volwne 6218, Page 209 of lhe Official Public Records of Brazos County, Texas, 10 a y," iron rod wilh a blue plastic cap stamped "College Station Easement" sel at an angle poinl; Thence N 220 53' 41" W - 139.86 feel along lhe northeast line of lhe platted Lone Slar Gas Company easemenl 30' from and parallel to lhe northeasl righl-of-way line of EM 281810 a y," iron rod wilh a blue plastic cap stamped "College SlationEasemenl" set in lhe northwest line of lhe said Nowsco addition and lhe soulheaslline of lhe Union Pacific Railroad 0.64 acre tracl as described by deed recorded in Volume 311, Page 27 of lhe Deed Records of Brazos County, Texas; Nowsco Temporary Easement Page 1 of2 210 Thence S 58" 57' 02" W - 30.31 feet along lbe line between lbe said Nowsco addition and lbe said Union Pacific Railroad tract to a concrete right-of-way marker found in lbe northeaslrighl-of-way line of Harvey Mitchell Parkway (p.M. 2818) allbe most westerly comer of this tract; Thence along said right-of. way line as follows; S 22" 53' 41" E - 125.04 feet 10 an angle poinl from which a 3/8" Iron rod was found S 68' W - 0.7'; S 10" 15' rf)" W - 164.60 feet to a concrete right-of-way marker at an angle poinl S 22" 53' 41" E - 558.68 feel along said right-of-way line to lbe Poinl of Beginning and containing 0.63 acres of land more or less. Bearings are IX Stale Plane, central zone, NAD-83 datwn, based on Cily of College Station monument no. 107 and GPS observations. See survey pial prepared wilb this written description. Ncwsco TtDIpOrary Easement Page 2 of2 211 /' /'/' /';./ ;./ - c: 0> .9 ~ " :~- dt :g4)Q. ,," . (1)0", "'0> xQ.'lf- " ~ . ~ g "- <Xl 0';' it a. ~ ~ - ].. 00 '" z';;: g '" h il!1i!t ~ ~~ 8 . . j.G~~ ~ 5d!o~_ sot "6C. .t~ "IO^ 'M'O,. .001 '00 poaJIlOU :lypOd UO!Un -! ~~ ~~ 212 ,., ~ -t o~ Q.", =", ~'" u . .~~ ::;;0.: ~ ~ 1: o :r :;; r