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HomeMy WebLinkAbout8-22-2005-13.05 - Resolution - 08/22/2005RESOLUTION DETERMINING NEED RESOLUTION NO. 8-22-2005-13.05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE A PUBLIC UTILITY EASEMENT INTEREST IN CERTAIN PROPERTY; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE A PUBLIC UTILITY EASEMENT ON AND ACROSS PROPERTY . FOR THE TEXAS AVENUE UTILITY RELOCATION PROJECT; AND ESTABLISHING PROCEDURES FOR THE ACQUISITION OF A PUBLIC UTILITY EASEMENT INTEREST IN THE PROPERTY. WHEREAS, it is necessary to establish procedures for determining the establishment and approval of just compensation for each of the parcels in which to acquire a public utility easement for the Texas Avenue Utility Relocation Project; and WHEREAS, there may be improvements located on some of the real property in which a public utility easement interest is acquired for this Project, and such improvements may be required to be moved 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 Texas Avenue Utility Relocation Project, and the public welfare and convenience will be served by the acquisition of a public utility easement in properties referenced as Numbers 1-5 in Exhibit "A" attached hereto and made a part hereof for all purposes as part of the Texas Avenue Utility Relocation Project, for the purpose of installing a new water line. 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 public utility easement interest in property for the Texas Avenue Utility Relocation 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 public utility easement interest in said parcels. PART 4: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of a public utility easement interest in the parcels. PART 5: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of a public utility easement interest, the City's Land Agent is authorized to communicate a written offer to the owners of said parcels for Ordinance No. 8-22-2005-13.05 Page 2 the acquisition of a public utility easement interest in said parcels 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 is hereby authorized to execute all documents necessary to acquire a public utility easement interest in each of the parcels needed for said Project, on behalf of the City of College Station. PART 7: 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 property acquired in connection with this Project. PART 8: That this resolution shall take effect immediately from and after its passage. ADOPTED this 22rd. day of August CQNNIE HOOKS, City Secretary APPROVED: ::J::r::::;::::::::i':i<:i;iii:;'.;::i:;r.'i::Y:;:S' ::r:::'i:::i:;:>::i:•; gne by oxartne e c ..vth, ticitY. vitt' Ap rQY City Attorney APPROVED: , A.D. 2005. f RON VIA, Mayor METES AND BOUNDS DESCRIPTION OF A 14.00 FOOT WIDE PUBLIC UTJL1TY EASEMENT PORTION OF LOT 5, BLOCK "B" CULPEPPER PLAZA COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF A 10.00 FOOT WIDE PUBLIC UTILITY EASEMENT LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING A PORTION OF THE REMAINDER OF LOT 5, BLOCK "B", CULPEPPER PLAZA, ACCORDING TO THE PLAT RECORDED IN VOLUME 338, PAGE 467 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD FOUND ON THE EXISTING NORTHEAST LINE OF TEXAS AVENUE MARKING THE SOUTHWEST CORNER OF THE REMAINDER OF PARCEL I, BLOCK "B" AND THE WEST CORNER OF THE SAID REMAIrsiDER OF LOT 5, BLOCK "B"; THENCE: N 42° 25' 00" E ALONG THE COMMON LINE OF SAID LOT 5 AND SAID PARCEL I FOR A DISTANCE OF 10.01 FEET TO A POINT, FOR REFERENCE AN "X" FOUND IN CONCRETE MARIKINGAN INTERIOR CORNER OF SAID PARCEL I BEARS: N 42° 25' 00" E FOR A DISTANCE OF 169.03 FEET; THENCE: S 50° 05' 37" E THROUGH THE REMAINDER OF SAID LOT 5,10.00 FEET FROM AND PARALLEL TO THE EXISTING NORTHEAST LINE OF TEXAS AVENUE, FOR A DISTANCE OF 160.04 FEET TO A POINT ON THE SOUTH LINE OF THE REMAINDER OF SAID LOT 5; THENCE: S 86° 15' 21" W ALONG THE SOUTH LINE OF THE REMAINDER OF SAID LOT 5, SAME BEING A NORTHERLY LINE OF TEXAS AVENUE, FOR A DISTANCE OF 14.49 FEET TO A POINT MARKING THE SOUTHWEST CORNER OF SAID REMAINDER OF LOT 5; THENCE: N 50° 05' 37" W ALONG THE EXISTING NORTHEAST LINE OF MXAS AVENUE FOR A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING CONTAINING 1550 SQUARE FEET OF LAND. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:IWORKIMAB/05-473D.MAB 1 LOT 4 BLOCK "B" SCALE: 1" = 30' N 42'25'00" E 10.01' POINT OF BEGINNING 5/8 INCH IRON ROD FOUND LOT 5 BLOCK "B" QF �_ ;.mST ER's k �.......... i..........4 BRAD KERR ...s......a.w......a.... 0I f.'° 4502 ~l!: „_,/ 6:51�0;,•(kC '4S S ‘`;...k%.# SLIM SUR 4 SEE METES AND BONDS PREPARED AUGUST, 2005, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREON IS BASED ON GRID NORTH AS ESTABUSHED FROM GPS OBSERVATION. 1S 00 0 S 86'15'21" W 14.49' LAND BOUNDARY SURVEY PLAT OF A 10' PUBLIC UTILITY EASEMENT PORTION OF LOT 5, BLOCK "B" CULPEPPER PLAZA VOLUME 338, PAGE 467 COLLEGE STATION, BRAZOS COUNTY, TEXAS Ksc SCALE: 1 INCH 30 FEET SURVEY DATE: PLAT DATE: 08-14-05 JOB NUMBER: 05-473 CAD NAME: 05-4730 CR5 ALE: TEXASAVE PREPARED BY: KERR SURVEYING, LLC 505 CHURCH STREET, P.O. 80X 289 COLLEGE STATION TEXAS 77841 PHONE (979) 268-3195 METES AND BOUNDS DESCRIPTION OFA 10.00 FOOT WIDE PUBLIC UTILITY EASEMENT PORTION OF PARCELS I AND 11, BLOCK "B" CULPEPPER PLAZA COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF A 10.00 FOOT WIDE PUBLIC UTILITY EASEMENT LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING A PORTION OF THE REMAINDER OF PARCELS I AND II, BLOCK "B", CULPEPPER PLAZA., ACCORDING TO THE PLAT RECORDED IN VOLUME 338, PAGE 467 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD FOUND ON THE EXISTING NORTHEAST LINE OF TEXAS AVENUE MARKING THE SOUTHWEST CORNER OF THE REMAINDER OF SAID PARCEL I AND THE WEST CORNER OF THE REMAINDER OF LOT 5, BLOCK "B"; THENCE: N 50° 02' 05" W ALONG THE EXISTING NORTHEAST LINE OF TEXAS AVENUE FORA DISTANCE OF 758.23 FEET TO A POINT MARKING THE WEST CORNER OF THE ER OF SAID PARCEL II AND THE SOUTH CORNER OF THE REMAINDER OF LOT 2, BLOCK "B", FOR REFERENCE A BRASS TXDOT MONUMENT FOUND ON THE NORTHEAST LINE OF TEXAS AVENUE BEARS: N 50° 02' 05" W FOR A DISTANCE OF 399.71 FEET; THENCE: N 39° 57' 55" E ALONG THE COMMON LINE OF SAID REMAINDER OF PARCEL II AND THE REMAINDER OF LOT 2 FOR A DISTANCE OF 10.00 FEET TO A POINT; THENCE: S 50° 02' 05" E THROUGH SAID REMAINDER OF PARCELS I AND II, 10.00 Fhb f FROM AND PARALLEL TO THE EXISTING NORTHEAST LINE OF TEXAS AVENUE, FOR A DISTANCE OF 758.66 FEET TO A POINT ON THE COMMON LINE OF SAID PARCEL I AND SAID LOT 5, FOR REFERENCE AN "X" FOUND 114 CONCRETE MARKING AN ilsrnaum CORNER OF SAID PARCEL I BEARS: N 42 ° 25' 00" E FORA DISTANCE OF 169.03FEET; THENCE: S 42° 25' 00" W ALONG THE COMMON LINE OF SAID PARCEL I AND SAID LOT 5 FOR A DISTANCE OF 10.01 FEET TO THE POINT OF BEGINNING CONTAINING 7584 SQUARE FEET OF LAND. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WO 5-473C.MAB 1 F • ‘ ST F .,� • •...•.•.0•..0..•.••A ••• BRAD KERR` ••••••.•••••.•••.•• v.s i ,O•� 4502 �, noPts s\o•O _vim BRASS TXDOT MONUMENT FOUND BEARS: N 50'02'05" W -- 399.71' SEE METES AND BOUNDS PREPARED AUGUST. 2005, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREON IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION . ti 4c, r 'fie •Qom. ' -0 ss LAND BOUNDARY SURVEY PLAT OF A 10' PUBLIC UTILITY EASEMENT PORTION OF PARCELS 1 AND II, BLOCK "B" CULPEPPER PLAZA VOLUME 338, PAGE 467 COLLEGE STATION, BRAZOS COUNTY, TEXAS SCALE: 1 INCH 100 FEET SURVEY DATE: PLAT DATE: 08-14-05 JOB NUMBER: 05-473 CAD NAME: 05-473C CR5 FILE: TEXASAVE PREPARED BY: KERR SURVEYING, LLC 505 C iRCH STREET, P.O. BOX 269 COLLEGE STATION, TEXAS 77841 PHONE (979) 268-3195 Ksc S 42'25'00" W 10.01' POINT OF BEGINNING 5/8 INCH IRON ROD FOUND METES AND BOUNDS DESCRIPTION OF A 10.00 FOOT WIDE PUBLIC UTILITY EASEMENT PORTION OF LOT 2, BLOCK "B" CULPEPPER PLAZA COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF A 10.00 FOOT WIDE PUBLIC UTILITY EASEMENT LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING A PORTION OF THE REMAINDER OF LOT 2, BLOCK "B", CULPEPPER PLAZA, ACCORDING TO THE PLAT RECORDED IN VOLUME 338, PAGE 467 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT ON THE EXISTING NORTHEAST LINE OF TEXAS AVENUE (VARIABLE WIDTH R.O.W.) MARKING THE WEST CORNER OF SAID REMAINDER OF LOT 2 AND THE SOUTH CORNER OF THE REMAINDER OF LOT 1, BLOCK "B", FOR REFERENCE A BRASS TXDOT MONUMENT FOUND ON THE NORTHEAST LINE OF TEXAS AVENUE BEARS: N 50° 02' 05" W FOR A DISTANCE OF 149.71 FEET; THENCE: N 39° 57' 55" E ALONG THE COMMON LINE OF SAID REMAINDER OF LOT 1 AND REMAINDER OF LOT 2 FOR A DISTANCE OF 10.00 FEET TO A POINT; THENCE: S 50° 02' 05" E THROUGH THE REMAINDER OF SAID LOT 2 FOR A DISTANCE OF 250.00 FEET TO A POINT ON THE COMMON LINE OF SAID REMAINDER OF LOT 2 AND THE REMAINDER OF PARCEL II, BLOCK "B"; SCE: S 39° 57' 55" W ALONG THE COMMON LINE OF SAID REMAINDER OF LOT 2 AND PARCEL II FOR A DISTANCE OF 10.00 FEET TO A POINT ON THE NORTHEAST LINE OF TEXAS AVENUE MARKING THE SOUTH CORNER OF SAID REMAINDER OF LOT 2, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE NORTHEAST LINE OF TEXAS AVENUE BEARS: S 50° 02' 05" E FOR A DISTANCE OF 758.23 1EET; THENCE: N SO ` 02' 05" W ALONG THE EXISTING NORTHEAST LINE OF TEXAS AVENUE FOR A DISTANCE OF 250.00 FEET TO THE MINT OF IIVOPIMNG CONTAINING 2500SQUARE FEET OF LAND. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:IWORIrMAB/05-473B.MAB 1 BRASS TXDOT MON. FOUND BEARS: N 50'02'05" W 149.71' POINT OF BEGINNING N 39'57'55" E 10.00' LOT 2 BLOCK $B" SEE METES AND BOUNDS PREPARED AUGUST, 2005, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREON IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. SCALE: 1" = 30' S LAND BOUNDARY SURVEY PLAT OF A 10' PUBLIC UTILITY EASEMENT PORTION OF LOT 2, BLOCK "B" CULPEPPER PLAZA VOLUME 338, PAGE 467 COLLEGE STATION, BRAZOS COUNTY, TEXAS SCALE: 1 INCH = 30 FEET SURVEY DATE: PLAT DATE: 08-14-05 JOB NUMBER: 05-473 CAD NAME: 05-473B CR5 FILE: TEXASAVE PREPARED BY: KERR SURVEYING. LLC 505 CHURCH STREET, P.O. 80X 289 COLLEGE STATION TEXAS 77841 PHONE (979) 258-3195 u II Kg0 l'ev 1Z• ip 44) jcks, c<- qit, , /ph ,ci.,). p& 6,4, Oit 5/8 INCH IRON R00 FOUND BEARS: S 50'02'05" E 758.23' PARCEL 11 BLOCK "B" S 39'57'55" W 10.00' N N N N.. METES AND BOUNDS DESCRIPTION OFA 10.00 FOOT WIDE PUBLIC UTII1TY EASEMENT PORTION OF LOT 1, BLOCK "B" CULPEPPER PLAZA COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF A 10.00 FOOT WIDE PUBLIC UTILITY EASEMENT LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING A PORTION OF THE REMADIDER OF LOT 1, BLOCK "B", CULPEPPER PLAZA, ACCORDING TO THE PLAT RECORDED IN VOLUME 338, PAGE 467 OF THE DEED RECORDS OF BRAZOS COUNTY, nEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT ON THE EXISTING NORTHEAST LINE OF TEXAS AVENUE (VARIABLE WIDTH R.O.W.) MARKING THE SOUTH CORNER OF SAID REMAINDER OF LOT 1 AND THE WEST CORNER OF THE REMAINDER OF LOT 2, BLOCK "B", FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE NORTHEAST LINE OF TEXAS AVENUE BEARS: S 50° 02' 05" E FOR A DISTANCE OF 1008.23 FEET; THENCE: N 50 ° 02' 05" W ALONG THE EXISTING NORTHEAST LINE OF TEXAS AVENUE FORA DISTANCE OF 149.71 FEET TO A BRASS TXDOT MONUMENT FOUND MARKING THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 30.00 I EET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48° 26' 46" FOR AN ARC DISTANCE OF 25.37 FEET (CHORD BEARS: N 26° 04' 03" W -- 24.62 FEET) TO A POINT, FOR REFERENCE A BRASS TXDOT MONUMENT FOUND ON THE SOUTHEAST LINE OF DOMENIK DRIVE (70' R.O.W.) MARKING THE ENDING POINT OF SAID CURVE BEARS: N 19° 57' 50" E FOR A DISTANCE OF 22.29 FEET; THENCE: S 50° 02' 05" E THROUGH THE REMAINDER OF SAID LOT 1, 10.00 FEET FROM AND PARALLEL TO THE NORTHEAST LINE OF TEXAS AVENUE, FORA DISTANCE OF 172.21 FEET TO A POINT ON THE COMMON LINE OF SAID LOT 1 AND LOT 2; THENCE: S 39° 57' 55" W ALONG THE COMMON LINE OF SAID LOT 1 AND LOT 2 FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNMG CONTIG 1653 SQUARE FEET OF LAND. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WO 105-473A.h1'AB 1 OF .•• > ST7�Q':,Q 4, drt� figs I•••...............:... t BRAD KERB ` •.0 4502 a SUB�� R=30.00' 0=48'26'46" L=25.37' T=13.50' LC=24.62' CB=N 2604'03" W BRASS TXDOT MONUMENT FOUND N 19'57'50" E - 22.29' (CHORD) LOT 1 BLOCK "B" BRASS TXDOT MONUMENT FOUND 4 SEE METES AND BOUNDS PREPARED AUGUST, 2005, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREON IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. s 39'57'55" W 10.00' POINT OF BEGINNING N 5/8 INCH IRON ROD FOUND BEARS: S 5002'05" E - 1008.23' LOT 2 BLOCK "B" SCALE: 1" = 30' LAND BOUNDARY SURVEY PLAT OF A 10' PUBLIC UTILITY EASEMENT PORTION OF LOT 1, BLOCK "B" CULPEPPER PLAZA VOLUME 338, PAGE 467 COLLEGE STATION, BRAZOS COUNTY, TEXAS Ks SCALE: 1 INCH - 30 FEET SURVEY DATE: PLAT DATE: 08-14-05 JOB NUMBER: 05-473 CAD NAME: 05-473A CR5 FILE: TEXASAVE PREPARED BY: KERR SURVEYING, LLC 505 CHURCH STREET, P.O. BOX 289 COLLEGE STATION, TEXAS 77841 PHONE (979) 268-3195