HomeMy WebLinkAbout4-8-2004-10.09 - Resolution - 04/08/2004RESOLUTION NO. 4-8-2004-10.09
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 [N CERTAI~ DESCRIBED
PROPERTY AND A TEMPORARY CONSTRUCTION EASEMENT IN CERTAIN
DESCRIBED PROPERTY TO INSTALL AND MAINTAIN THE 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, mainlenance, repmr, reconstruction,
modification, removal, inspection of the Water ProJect; and
WHEREAS, an independent pwfesslonal 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 anthonty granted him by Resolution of the City Council on July 22, 2002.
smd Resolution being amended on Apnl 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 utlhty easements in the property fully described by Exhibits A
and B, and the temporary construction easements in the property fully described by
Exhibits A-TE and B-TE, said exhibits are attached hereto and incorporated herewith,
and futther 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 easemen~ in the real property
described by Exhibits A and B, and the temporary conslruction easement interest in the
property fully described by Exhibits A-TE and B-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
PART 2.
PART 3:
PART 4:
PART 5:
PART 6:
The official offer for the property described by Exhibit A (Exclusive
Public Utility Easement) and Exhibit A-TE (Temporary Construction
Easement) was Ten Thousand Three Hundred Ninety Two Dollars
($10,392.00).
The official offer for the property described by Exhibit B (Exclusive
Pubhc Utility Easement) and Exhibit B-TE (Temporary Construction
Easement) was Forty Seven Thousand Four Hundred Eighty Dollars
($47,480.00).
That it is hereby determined that the City of College Station has in fact
transmitted a bona fide offer to 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.
That public necessity requires the acquisition of the exclusive pubhc
utility easements in the pwperties described in the attached Exhibits A and
B, and the temporary ennstmct~on easement interest tn the property
described by Exhibits A-TE and B-TE, for the installation and
mainlenance of the Water Project, and that public necessity and
convenience require the condemnation of the properties in order to acqmre
them for such purpose.
That the City Attorney ns 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 property, m order to acquire an exclumve public utility easement in
the property described in the aUached Exhibits A and B, and a temporary
construction easement interest in the property described in the attached
Exhibits A-TE and B-TE: smd properly lying end being situated in Brazos
County, Texas.
The owner of the property described by Exhibits A and A-TE is David
Allen Weber.
The owner of the property described by Exhibits B and B-TE is Richard
Pena.
That the Ctty Attorney is hereby authorized to deposit the Award of the
Commissioners from aforesaid proceedings into the registry of the Brazos
County Court.
That this resolution shall take effect immediately from and after its
passage.
PASSED and APPROVED this 8th day of April
ATTEST:
CO~/~IE HOOKS, City Secretary
APPROVED
APPROVED:
City AItomey
Exhibit "A"
Joe Orr, Inc.
2167 Post Oak Circle
College Station, TX 77845
(979) 690-3378
Proposed Easement
Nowsco Addition
Stephen F. Austin League No. 9
Bryan, Brazes County, Texas
11 November 2002
All that ceOMn tract of parcel of land lying end being situated in the Stephen F. Austin
League No. 9, Abstract No. 62, in Bryan, Brazes County, Texas, being a pa~ 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 Brazes County, Texas, lying along and
ndjo'ming the northeast line of the existing Lone Star Gas Compeny easement ns
described by said plat and being more particularly described as follows:
Beginning at a point in the line between the said Nowsco addition and the Aratex
Subdivision Phase I according to plat of record in Volume 495, Page 449 of the Deed
Records of Brazes County, Texas, from which a concrete right-of-way monument was
found S 67° 01' 21" W - 30.0 feet at the common comer of the said Nowsco addition and
the said Aratex Subdivision in the northeast right-of-way line of Harvey Mitchell
Parkway (N.M. 2818).
Thance along the northeast ~ of the said Lone Star Gas Company easement 30 feet
from end parallel to the northeast right-of-way line ofF.M. 2818 as follows:
N 22° 53' 41" W - 549.71 feet to an angle point;
N l0° 15' 09" E - 164.60 fe~t to an angle point;
N 22° 53' 41" W - 138.27 feet to a point 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
Brazes County, Texas fi'om which a concrete right-of-way marker was found S
58° 57' 02" W - 30.31 feet;
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 Iract;
Thence through the said Nowsco addition as follows;
S 22° 53' 41" E- 151.50 flm-tto an angle point;
S 10° 15' 09" W - 164.60 f~t to and angle point;
S 22° 53' 41" E - 492.42 feet to en angle point;
Nowsco Basement Page 1 of 2
S 45' 23' 41" B - 52.26 feet to the line between the said Nowsoo addition and the
said Aratex Subdivision;
Thenoe S 6'/° 01' 21" W - 50.00 ~ along thc line between tho s~id Nowsco addition
and the said Aratex 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 d~tum, based on City of College
Station monument no. 107 and GPS observations.
Nov.~.o Easement Page 2 of 2
Exhibit "A"
Exhibit "A-TE"
Joe Orr, Inc,
~urvom't & £ngln~rs
2167 Post Oak Civic
College Station, TX 77845
(979} 690-3378
Proposed Temporary Construction Easement
Nowsco Addition
Stephen F. Austin League No. 9
Bryan, Brazes County, Texas
27 February 2003
All that certain tract of parcel of land lying and being situated in the Stephen F. Austin
League No. 9, Abs~raet No. 62, in Bryan, Brazes County, Texas, being a part of Lot I
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 Brazes County, Texas, and being more
particularly described as follows:
Beginning at a point in the llne between the said Nowsco addition and the Aratex
Subdivision Phase I according to plat of record in Volume 495, Page 449 of the Deed
Records of Brazes County, Texas, from which a concrete nght-of-way monument was
found S 67° 01' 21" W- 80.0 feet at the common comer of the said Nowaco addition and
the said Aratex Subdivision in the northeast right-of-way line of Harvey Mitchell
Parkway (F.M. 2818).
Thence N 67° 01' 21" E - 40.00 feet along the line between the said Nowsco addition
and the said Aratex Subdivision to the most easterly comer of this tract;
Thence through the said Nowsco addition as follows:
N 22° 53' 41" W - 7.90 feet to an nngle point;
N 45° 23' 41" W - 52.26 feet to an angle point;
N 22° 53' 41" W - 472.56 feet, 100' northeast and parallel to the northeast right-
of-way line of F.M. 2818, to an angle point;
N 10° 15' 09" E - 40.67 feet, cuntinu~ng parallel to the northeast right-of-way
rme of F.M. 2818, to an angle point;
N 22° 51' 35" W - 66.51 feet, parallel to and 10' from the southwest line of an
existing building, to an angle point;
N 67° 10' 57" E - 43.36 feet, parallel to and 10' from the northwes! line of an
existing building, to an angle point;
N 10° 15' 09" E - 44.55 feet, continuing parallel to the northeasl right-of-way
line of F.M. 2818, to an angle point;
N 22° 53' 41" W - 169.14 feet, continuing parallel to and 100' northeast of the
northeast right-of-way line of F.M. 2818, to a point in the northwest line of the
said Nowsco addition and the southeast line of the Union Pacific Railroad 0.64
Nowsco Temporary Easement Page I of 2
acre mict as described by deed recorded in Volume 311, Page 27 of thc Deed
Records of Brazos County, Texas;
Thence S 58° 57' 02" W - 40.41 feet along the line between the said Nowsco addition
and the said Union Pacific Railroad tract to a point fi'om which a concrete right-of-way
monument was found S 58° 57' 02" W - 60.6 feet;
Thence through the said Nowsco addition, parallel to and 60' northeast of the northeast
fight-of-way line of F.M. 2818, as follows;
S 22° 53' 41" E - 151.50 feet to an angle point;
S 10° 15' 09" W - 164.60 feet to and angle point;
S 22° 53' 41" E - 492.42 feet to nn angle point:
Thence S 45° 23' 41" E - 52.26 feet to the Point of Beginning and containing 0.76 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 (]PS observations.
Nowsco Temporary Easement Page 2 of 2
Exhibit "A-TE"
.-I
! Ill
Exhibit "B"
Joe Orr, Inc.
2167 Post Oak Circle
College Station, TX 7754S
(979) 690-3378
Proposed Easement
Get-N-Go Subdivision
Stephen F. Austin League No. 9
Bryan, Texas
11 November 2002
All that e~taln tract of parcel of land lying and being situated in the Stephen F. Austin
l.~ague No. 9, Abstract No. 62, in Bryan, Brezos County, Texas, being a part of Lot I Block
I of the C,-et-N-Go Subdivision according to plat of record in Volume 3971, Page 175 of the
Offi~iai Public Records of Brezos County, Texas, and being more particularly described as
follows:
Be~nnlng at a leaning concrete right-of-way marker found at the intersection of the
southeast right-of-way line of State Highway No. 21 and the northeast right-of-way line of
Harvey Mitchell Parkway (F.M. 2818) which is the most westerly comer of the said Get-N-
Go Subdivision, from which the City of Bryan monument no. GPS-$8 was found S $9° 25'
07" W - 3909.6 feet;
Thence N 57° 35' 09" E - 30.00 feet along the southeast right-of-way line of State Highway
No. 21 to the most northerly comer of this tract;
Thence through the said Get-N-Go Subdivision as follows:
S 32° 40' 00" E - 213.13 feet to an angle point;
S 15° 22' 59" E - 215.35 feet to an angle point;
S 16° 40' 57" E - 325.52 feet to the line between the said C-et-N-GO Subdivision and
that m~t conveyed to Milton Jones end wife, Gossie Jones by deed recorded
Volume 217, Page 41 ofthe Deed Records of Brazes County, Texas;
Thence S 72° 23' 55" W - 30.00 feet along the line between the said Jones Iract and the said
Get-N-GO Subdivision to a ½" iron rod with a blue plastic cap stamped "College Station
Easement" set for the most southerly corner of this tract from which a 5/8" iron rod with an
orange plastic csp stamped "CARLOMAGNO RPLS 1562" was found S 72° 23' 55'~/~' -
25.00' at a southwest comer of said Get-N-GO Subdivision;
Thence through the said Get-N-Go Subdivision parallel to and 25 feet from the southwest
line of same ns follows:
N 16° 40' 57" W - 326.34 feet to an angle point;
N 15° 22' 59" W - 211.13 feet to an angle point;
Get-N-Go Easement Page I of 2
Thence N 32° 40' 00" W - 208.?0 feet through the said Oet-N.Go Subdivision, at 85.0 feet
pass a leaning concrete right-of-way marker, and continuing along the southwest line of the
said C-et-N- Go Subdivision to the point of Beginning end containing 0.52 acres of land more
or l~s.
Bearings are Texas State Plane, central zone, NAD-83 datum, based on City of College
Station monument no. 107 and GPS observations.
(let-N-OoEasement Page 2 of 2
Exhibit "B"
Exhibit "B-TE"
Joe Orr, Inc.
S~neyor~ & ,~neers
2167 Post Oak Circle
College Station, TX 77845
(979) 690-3378
Proposed Temporary Construction Easement
GOt-N-Go Subdivision
Stephen F. Austin League No. 9
Bryan, Texas
27 February 2003
All that certain tract of parcel of land lying and being situated in thc Stephen F. Austin
League No. 9, Abstract No. 62, in Bryan, Brazes County, Texas, being a part of Lot 1 Block
1 of the Get-N-Go Subdivision according to plat of record in Volume 3971, Page 175 of the
Official Public Records of Brazes County, Texas, being an easement for~y feet (40') in width
and being more particularly described as follows:
Commencing at a leaning concrete right-of-way marker found at the intersection of the
southeast right-of-way rmc of Stat~ Highway No. 21 and the northeast right-of-way line of
Harvey Mitehcll Parkway (F.M. 2818) which is thc most westerly comer of the said Get-N-
Go Subdivision, from which thc City of Bryan monument no. GPS-58 was found S 59° 25'
07" W - 3909.6 feet;
Thence N 57° 35' 09" E - 30.00 feet along thc southeast right-of-way line of State Highway
No. 21 to the most northerly comer of a proposed 30' p~..anent easement;
Thence S 32° 40' 00" B - 213.13 feet through the said Get-N-Go Subdivision, along the
northeast line of the proposed 30' permanent easement, to the Point of Beginning of this
tract.
Thence S 15° 22' 59" E - 215.35 feet continuing through the said Get-N-GO Subdivision, 55'
northeast of and parallel to the southwest line of same, to an angle point; ~
Thence S 16° 40' 57" E - 325.52 feet, continuing 55' from and parallel to the southwest line
of same, to the rme between the said Get-N-GO Subdivision and that Iract conveyed to Milton
Jones and wife, Gussie Jones by deed recorded in Volume 217, Page 41 of the Deed Records
of Brazes County, Texas, from which a 5/8" iron rod with an orange plasbc cap sta{n, ped
"CARLOMAGNO RPLS 1562" was found S 72° 23' 55" W - 55.00 feet at a southwest
comer of said Get-N-Go Subdivision;
Thence N 72° 23' $5" B - 40.01 feet along the line between the said Jones tract and the said
C-et-N=Go Subdivision to the most ensterly comer of this tract;
Thence N 16° 40' 57" W - 324.42 feet through the said Get-N-Go Subdivision, 95' northeast
of and parallel to the southwest line of same, to an angle point;
Get-N-Go Temporary Easement Page I of 2
Thence N 15° 22' $9" W - 220.97 feet, continuing 95' northeast and parallel to the
southwest l~ne o£ same, to the most northerly comer o£this trot;
Thence S 65° 58' 31" W - 40.46 to the point o£Beginning and contnlnlng 0.50 notes of land
mor~ or less.
Bearings are Texas .Stato Plane, central zone, NAD-83 datum, based on City of College
Station monument no. 107 and GP$ observations.
Oet-N-C_m T~.lporary Easement Page 2 of 2
Exhibit "B-TE"
c