HomeMy WebLinkAbout1-27-2005-13.04 - Resolution - 01/27/2005 RESOLUTION NO. 1 -27- 2005 -13.04
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, DECLARING THE NECESSITY FOR ACQUIRING BY CONDEMNATION
AN EXCLUSIVE PUBLIC UTILITY EASEMENT IN CERTAIN DESCRIBED
PROPERTY AND A TEMPORARY CONSTRUCTION EASEMENT IN CERTAIN
DESCRIBED PROPERTY TO INSTALL AND MAINTAIN WATER LINES AND
ASSOCIATED FACILITIES FOR THE TRANSPORT AND TRANSMISSION OF
WATER, AND ORDERING THE CONDEMNATION OF SAID PROPERTY TO
PROCEED.
WHEREAS, the City Council of the City of College Station has heretofore determined to
acquire the exclusive public utility easements and related temporary construction
easements necessary for the installation, maintenance, repair, reconstruction,
modification, removal, and inspection of the Water Project; and
WHEREAS, an independent professional appraisal report of the subject properties has
been submitted to the City, and the City Manager has accordingly established and
approved a certain amount determined to be just compensation for each property,
pursuant to the authority granted him by Resolution of the City Council on July 22, 2002,
said Resolution being amended on April 10, 2003; and
WHEREAS, an official written offer based upon an amount determined to be the just
compensation has been transmitted to the owners of the real properties described herein
for the exclusive public utility easements in the property fully described by Exhibits A, B
and C, and the temporary construction easements in the property fully described by
Exhibits A -TE, B -TE and C -TE, said exhibits are attached hereto and incorporated
herewith, and further negotiations for settlement have been futile and impossible because
the parties were unable to agree on the amount of just compensation; and
WHEREAS, the City of College Station has complied with all prerequisites of the laws of
the State of Texas to acquire the exclusive public utility easement in the real property
described by Exhibits A, B and C, and the temporary construction easement interest in
the property fully described by Exhibits A -TE, B -TE and C -TE, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That the official offer by the City of College Station for the exclusive
public utility easement and the temporary construction easement in the
real property described by the attached exhibits in the amounts stated
below is hereby confirmed.
Car
The official offer for the property described by Exhibit A (Exclusive
Public Utility Easement) and Exhibit A -TE (Temporary Construction
Easement) was Twenty Four Thousand Nine Hundred Sixty Five Dollars
($24,965.00).
The official offer for the property described by Exhibit B (Exclusive
Public Utility Easement) and Exhibit B -TE (Temporary Construction
Easement) was Six Thousand One Hundred Thirty Four Dollars
($6,134.00).
The official offer for the property described by Exhibit C (Exclusive
Public Utility Easement) and Exhibit C -TE (Temporary Construction
Easement) was Fifteen Thousand Eight Hundred Thirty One Dollars
($15,831.00).
PART 2: That it is hereby determined that the City of College Station has in fact
transmitted a bona fide offer to each of the property owners, in accord
with the laws of the State of Texas, for the real property described in the
attached Exhibits. Further negotiations for settlement have been futile and
impossible because the parties are unable to agree upon just compensation.
PART 3: That public necessity requires the acquisition of the exclusive public
utility easements in the properties described in the attached Exhibits A, B,
(Pr and C the temporary construction easement interest in the property
described by Exhibits A -TE, B -TE and C -TE, for the installation and
maintenance of the Water Project, and that public necessity and
convenience require the condemnation of the properties in order to acquire
them for such purpose.
PART 4: That the City Attorney is hereby authorized and directed to institute
proceedings in eminent domain against the property owners listed below
and against all other owners, lienholders, and other holders of an interest
in the properties, in order to acquire an exclusive public utility easement in
the properties described in the attached Exhibits A, B and C; and a
temporary construction easement interest in the properties described in the
attached Exhibits A -TE, B -TE and C -TE; said properties lying and being
situated in Brazos County, Texas.
The owner of the property described by Exhibits A and A -TE is
Whitworth Financial, Inc.
The owner of the property described by Exhibits B and B -TE is Johnny
Mancuso.
The owner of the property described by Exhibits C and C -TE is KKJM
Investments Limited Partnership.
PART 5: That the City Attorney is hereby authorized to deposit the Awards of the
Commissioners from aforesaid proceedings into the registry of the Brazos
County Court.
PART 6: That this resolution shall take effect immediately from and after its
passage.
PASSED and APPROVED this 27th day of January , 2005.
ATTEST: APPROVED
CONNIE HOOKS, City Secretary RO IA, Mayor
APPROVED:
g e. .y o xa e et hdk '
3r�• tilt oy .. e
City Attorney
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Exhibit "A"
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690 -3378
Proposed Easement
Whitworth Financial, Inc. Tract
Zeno Phillips League
Bryan, Brazos County, Texas
10 October 2003
All that certain tract or parcel of land lying and being situated in the Zeno Phillips League,
Abstract No. 45, in Bryan, Brazos County, Texas, being a part of the Whitworth Financial, Inc.
13.19 acre tract described in Volume 4370, Page 168 of the Official Public Records of Brazos
County, Texas, and being more particularly described as follows:
Beginning at a %2" iron rod with a blue plastic cap stamped "College Station Easement" set in
the line between La Brisa Phase IX as described by plat recorded in Volume 597, Page 843 of
the Official Records of Brazos County, Texas, and the said Whitworth Financial, Inc. tract on
the southwest line of a ten foot (10') wide telephone easement described in Volume 1628, Page
194 of the Official Public Records of Brazos County, Texas, from which a 5/8" iron rod with a
yellow plastic cap stamped "Kerr 4502" was found N 53° 01' E — 11.38 feet approximately in
the southwest right -of -way line of Harvey Mitchell Parkway (F.M. 2818) at the most northerly
corner of the said Whitworth Financial, Inc. tract and a 5/8" iron rod with a yellow plastic cap
stamped "Civil Concepts 713 - 947 - 6606" as found N 53° 01' E — 12.71 feet at the most easterly
corner of the said La Brisa Phase IX.
Thence S 12° 25' 41" E — 435.46 feet along the southwest line of said telephone easement
parallel to and ten feet (10') from the southwest right -of -way line of F.M. 2818 to a %2" iron rod
with a blue plastic cap stamped "College Station Easement" set at the beginning of a clockwise
curve (R= 1213.26') from which a 5/8" iron rod with a yellow plastic cap stamped "Kerr 4502"
was found N 77° 34' E — 10.42 feet approximately in the southwest right -of -way line of F.M.
2818;
Thence along said curve through a central angle of 11° 49' 56 ", the chord of which bears S 6°
30' 43" E — 250.11', to a 1 /2" iron rod with a blue plastic cap stamped "College Station
Easement" set at an angle point;
Thence S 45° 36' 09" E — 14.08 feet to a V2" iron rod with a blue plastic cap stamped "College
Station Easement set in the southwest right -of -way line of F.M. 2818;
Thence along the arc of a clockwise curve in the southwest right -of -way line of F.M. 2818
(R= 1223.26') through a central angle of 1° 24' 19 ", the chord of which bears S 0° 34' 24" W —
30.00 feet to the southeast corner of this tract;
Whitworth Financial, Inc. Easement Page 1 of 2
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Thence N 89° 11' 41" W — 40.00 feet through the said Whitworth Financial, Inc. tract to the
southwest comer of this tract;
Thence along the arc of a counterclockwise curve (R= 1183.26'), parallel to and forty feet (40')
from the southwest line of F.M. 2818, through a central angle of 13° 43' 11 ", the chord of
which bears N 5° 34' 05" W — 282.66 feet to the end of said curve;
Thence N 12° 25' 41" W — 421.75 feet continuing through the said Whitworth Financial, Inc.
tract parallel to and forty feet (40') from the southwest right -of -way line of F.M. 2818 to the
line between the said La Brisa Phase IX and the said Whitworth Financial, Inc. tract;
Thence N 53° 00' 35" E — 32.98 feet along the line between the said Whitworth Financial, Inc.
tract and the said La Brisa Phase IX to the Point of Beginning and containing 0.50 acres of land
more or less.
Bearings are TX State Plane, central zone, NAD -83 datum, based on City of CS GPS
monument no. 107 and GPS observations.
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Whitworth Financial, Inc. Easement Page 2 of 2
Exhibit "A -TE"
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690 -3378
Proposed Temporary Easement
Whitworth Financial, Inc. Tract
Zeno Phillips League
Bryan, Brazos County, Texas
6 April 2004
All that certain tract or parcel of land lying and being situated in the Zeno Phillips League,
Abstract No. 45, in Bryan, Brazos County, Texas, being a part of the Whitworth Financial, Inc.
13.19 acre tract described in Volume 4370, Page 168 of the Official Public Records of Brazos
County, Texas, and being more particularly described as follows:
Beginning in the line between La Brisa Phase IX as described by plat recorded in Volume 597,
Page 843 of the Official Records of Brazos County, Texas, and the said Whitworth Financial,
Inc. tract at a point from which a 5/8" iron rod with a yellow plastic cap stamped "Kerr 4502"
was found N 53° 01' E — 44.36 feet approximately in the southwest right -of -way line of Harvey
Mitchell Parkway (F.M. 2818) at the most northerly corner of the said Whitworth Financial,
Inc. tract.
Thence S 53° 00' 35" W — 43.98 feet along the line between the said Whitworth Financial, Inc.
tract and the said La Brisa Phase IX to the most westerly corner of this tract;
Thence S 12° 25' 41" E — 403.47 feet through the said Whitworth Financial, Inc. tract, parallel
to and eighty feet (80') from the southwest right -of -way line of F.M. 2818, to the beginning of
a clockwise curve (R= 1143.26');
Thence continuing parallel to and eighty feet (80') from the southwest right -of -way line of
F.M. 2818 along the arc of said curve through a central angle of 15° 44' 32 ", the chord of
which bears S 4° 33' 25" E — 313.13', to the southwest corner of this tract;
Thence S 89° 11' 41" E — 80.07 feet continuing through the said Whitworth Financial, Inc. tract
to the southwest right -of -way line of F.M. 2818;
Thence along the arc of a counterclockwise curve in the southwest right -of -way line of F.M.
2818 (R= 1223.26') through a central angle of 1° 52' 27 ", the chord of which bears N 2° 12'
46" E — 40.01 feet to the most easterly corner of this tract;
Thence N 89° 11' 41" W — 40.00 feet through the said Whitworth Financial, Inc. tract to an
inside corner of this tract;
Whitworth Financial, Inc. Temporary Easement Page 1 of 2
Thence along the arc of a counterclockwise curve (R= 1183.26'), parallel to and forty feet (40')
from the southwest right -of -way line of F.M. 2818, through a central angle of 13° 43' 11 ", the
chord of which bears N 5° 34' 05" W — 282.66 feet to the end of said curve;
Thence N 12° 25' 41" W — 421.75 feet through the said Whitworth Financial, Inc. tract parallel
to and forty feet (40') from the southwest right -of -way line of F.M. 2818 to the Point of
Beginning and containing 0.71 acres of land more or less.
Bearings are TX State Plane, central zone, NAD -83 datum, based on City of CS GPS
monument no. 107 and GPS observations.
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Exhibit "B"
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690 -3378
Proposed Easement
Walter A. Etie, Jr. Subdivision
Zeno Phillips League
Bryan, Brazos County, Texas
1 October 2003 - Rev. 12 May 2004
All that certain tract or parcel of land lying and being situated in the Zeno Phillips League,
Abstract No. 45, in Bryan, Brazos County, Texas, being a part of the Walter A. Etie, Jr.
Subdivision as described by plat recorded in Volume 2092, Page 140 of the Official Records of
Brazos County, Texas, and being more particularly described as follows:
Beginning at a %2" iron rod with a blue plastic cap stamped "College Station Easement" set at
the intersection of the northwest line of the said Walter A. Etie, Jr. Subdivision and the
southwest line of a ten foot (10') wide telephone easement described in Volume 1628, Page
186 of the Official Records of Brazos County, Texas, S 10° 54' 27" W — 12.16 feet from a 1/2"
iron rod in concrete found at a fence corner approximately in the southwest right -of -way line of
F.M. 2818 at the most northerly corner of Lot 2 in Block 1 of the said Walter A. Etie, Jr.
Subdivision;
Thence S 47° 42' 10" E — 451.68 feet through the said Etie Subdivision along the southwest
line of the said telephone easement, parallel to and ten feet (10') from the southwest right -of-
way line of Harvey Mitchell Parkway (F.M. 2818), to a %2" iron rod with a blue plastic cap
stamped "College Station Easement" set in the northwest line of that 4.00 acre tract conveyed
to 1920 S.FM 2818, LLC by deed recorded in Volume 2991, Page 130 of the Official Public
Records of Brazos County, Texas;
Thence S 52° 28' 12" W — 11.35 feet along a northwest line of the said 4.00 acre tract to a Y2"
iron rod found at an angle point;
Thence S 37° 43' 18" E — 11.13 feet along a southwest line of the said 4.00 acre tract to a %z"
iron rod found at an angle point;
Thence S 52° 38' 54" W — 17.18 feet along a northwest line of the said 4.00 acre tract to the
most southerly corner of this tract;
Thence N 47° 42' 10" W — 409.05 feet through the said Walter A. Etie, Jr. Subdivision, parallel
to and forty feet (40') from the southwest right -of -way line of F.M. 2818, to an angle point;
Thence N 70° 12' 10" W — 26.09 feet continuing through the said Etie Subdivision to the
northwest line of same;
Etie Subdivision Easement Page 1 of 2
Thence N 10° 54' 27" E — 46.84 feet along the northwest line of the said Etie Subdivision to the
Point of Beginning and containing 0.31 acres of land more or less.
Bearings are TX State Plane, central zone, NAD -83 datum, based on - City of CS GPS
monument no. 107 and GPS observations.
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Etie Subdivision Easement Page 2 of 2 !
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Exhibit "B -TE"
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690 -3378 --
Proposed Temporary Easement
Walter A. Etie, Jr. Subdivision
Zeno Phillips League
Bryan, Brazos County, Texas
1 October 2003
All that certain tract or parcel of land lying and being situated in the Zeno Phillips League,
Abstract No. 45, in Bryan, Brazos County, Texas, being a part of the Walter A. Etie, Jr.
Subdivision as described by plat recorded in Volume 2092, Page 140 of the Official Records of
Brazos County, Texas, and being more particularly described as follows:
Beginning in the northwest line of the said Walter A. Etie, Jr. Subdivision S 10° 54' 27" W –
• 59.00 feet from a 1/2" iron rod in concrete found at a fence corner at the most northerly corner
of the said Walter A. Etie, Jr. Subdivision approximately in the southwest right -of -way line of
Harvey Mitchell Parkway (F.M. 2818 );
Thence S 10° 54' 27" W – 35.16 feet along the northwest line of the said Etie Subdivision to
the most westerly comer of this tract;
Thence S 47° 42' 10" E – 407.53 feet through the said Etie Subdivision, parallel to and eighty
feet (80') from the southwest right -of -way line of F.M. 2818, to the northwest line of that 4.00
acre tract conveyed to 1920 S.FM 2818, LLC by deed recorded in Volume 2991, Page 130 of
the Official Public Records of Brazos County, Texas;
Thence N 52° 38' 54" E – 40.66 feet along a northwest line of the said 4.00 acre tract to the
most easterly corner of this tract;
Thence N 47° 42' 10" W – 409.05 feet through the said Etie Subdivision, parallel to and forty
feet (40') from the southwest right -of -way line of F.M. 2818, to an angle point;
Thence N 70° 12' 10" W – 26.09 feet continuing through the said Etie Subdivision to the Point
of Beginning and containing 0.39 acres of land more or less.
Bearings are TX State Plane, central zone, NAD -83 datum, based on City of CS GPS
monument no. 107 and GPS observations. .
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Exhibit "C"
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690 -3378 -.
Proposed Easement
KKJM Partnership Tract
Zeno Phillips League
Bryan, Brazos County, Texas
9 September 2003
All that certain tract or parcel of land lying and being situated in the Zeno Phillips
League, Abstract No. 45, in Bryan, Brazos County, Texas, being a part the KKJM
Investments Limited Partnership 94.36 acre tract described by deed recorded in Volume
3237, Page 309 of the Official Public Records of Brazos County, Texas, being an
easement thirty feet (30') in width parallel to and ten feet (10') from the southwest
right -of -way line of Harvey Mitchell Parkway (F.M. 2818), and being more particularly
described as follows:
Beginning at a '/2" iron rod with a blue plastic cap stamped "College Station Easement"
set in the southeast line of F.M. 2818 at its intersection with the southwest line of an
existing 10' wide telephone easement described in Volume 1628, Page 174 of the
Official Public Records of Brazos County, Texas, which is located S 72° 01' 20' E —
25.16 feet from a '/2" iron rod found at a fence corner in the southwest line of F.M.
2818.
Thence S 49° 55' 41" E — 1349.03 feet through the said KKJM tract along the
southwest line of the said telephone easement parallel to and ten feet (10') from the
southwest right -of -way line of F.M. 2818 to a '/2" iron rod with a blue plastic cap
stamped "College Station Easement" set for the most easterly corner of this tract in the
line between the said KKJM tract and the Discovery Subdivision described by plat
recorded in Volume 597, Page 861 of the Official Records of Brazos County, Texas,
from which a '/2" iron rod at a fence comer was found N 41° 36' 09" E — 10.00 feet in
the southwest right -of -way line of F.M. 2818 at the common corner of the said KKJM
tract and the said Discovery Subdivision;
Thence S 41° 36' 09" W — 30.01 feet along the line between the said KKJM tract and
the said Discovery Subdivision to the most southerly corner of this tract, from which a
3 /s" pipe was found S 41° 36' 09" W — 751.9 feet at an interior corner of the said KKJM
tract;
Thence N 49° 55' 41" W — 1379.29 feet through the said KKJM tract, parallel to and
forty feet (40') from the southwest right -of -way line of F.M, 2818 to the southeast line
KKJM Tract Easement Page 1 of 2
of F.M. 2818 at a point from which the intersection of the southeast line of F.M. 2818
and the southeast line of Leonard Road bears S 86° 03' 59" W — 28.74 feet;
Thence N 86° 03' 59" E — 43.18 feet along the southeast line of F.M. 2818 to the Point
of Beginning and containing 0.94 acres of land more or less.
Bearings are TX State Plane, central zone, NAD -83 datum, based on City of CS GPS
monument no. 107 and GPS observations.
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KKJM Tract Easement Page 2 of 2
Exhibit "C -TE"
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690 -3378
Proposed Temporary Easement
KKJM Partnership Tract
Zeno Phillips League
Bryan, Brazos County, Texas
9 September 2003
All that certain tract or parcel of land lying and being situated in the Zeno Phillips
League, Abstract No. 45, in Bryan, Brazos County, Texas, being a part the KKJM
Investments Limited Partnership 94.36 acre tract described by deed recorded in Volume
3237, Page 309 of the Official Public Records of Brazos County, Texas, being an
easement forty feet (40') in width parallel to and forty feet (40') from the southwest
right -of -way line of Harvey Mitchell Parkway (F.M. 2818), and being more particularly
described as follows:
Beginning at the intersection of the southeast line of Leonard Road (F.M. 1688) and the
southeast line of Harvey Mitchell Parkway (F.M. 2818) from which a ' /2" iron rod at a
fence corner was found S 21° W — 1.9 feet and a concrete right -of -way marker was
found N 42° 11' E —199.7 feet;
Thence S 42° 03' 40" W — 20.05 feet along the southeast line of Leonard Road to the
most westerly corner of this tract;
Thence S 49° 55' 41" E — 1399.59 feet through the said KKJM tract parallel to and
eighty feet (80') from the southwest right -of -way line of F.M. 2818 to the line between
the said KKJM tract and the Discovery Subdivision described by plat recorded in
Volume 597, Page 861 of the Official Records of Brazos County, Texas;
Thence N 41° 36' 09" E — 40.01 feet along the line between the said KKJM tract and
the said Discovery Subdivision to at the most easterly corner of this tract , from which a
'/2" iron rod at a fence corner was found N 41° 36' 09" E — 40.01 feet in the southwest
right -of -way line of F.M. 2818 at the common corner of the said KKJM tract and the
said Discovery Subdivision and a %2" iron rod with a blue plastic cap stamped "College
Station Easement" was set N 41° 36' 09" E — 30.01 feet in said line;
Thence N 49° 55' 41" W — 1379.29 feet through the said KKJM tract, parallel to and
forty feet (40') from the southwest right -of -way line of F.M. 2818 to the southeast line
of F.M. 2818 from which a % "iron rod with a blue plastic cap stamped "College Station
Easement" was set N 86° 03' 59" E — 43.18 feet in said line;
KKJM Tract Temporary Easement Page 1 of 2
Thence S 86° 03' 59" W — 28.74 feet along the southeast line of F.M. 2818 to the Point
of Beginning and containing 1.28 acres of land more or less.
Bearings are TX State Plane, central zone, NAD -83 datum, based on City cif CS GPS
monument no. 107 and GPS observations.
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