HomeMy WebLinkAbout8-26-2004-11.06 - Resolution - 08/26/2004RESOLUTION NO. 8-26-2004-11.06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, DECLARING THE NECESSITY FOR ACQUIRING BY CONDEMNATION
AN EASEMENT TO CONSTRUCT, INSTALL AND MAINTAIN DRAINAGE,
PUBLIC UTILITIES, PEDESTRIAN WAYS, AND BIKEWAYS, IN CERTAIN
DESCRIBED PROPERTY AS PART OF THE BEE CREEK CHANNELIZATION
COMBINED PROJECT AND ORDERING THE CONDEMNATION OF SAID
PROPERTY TO PROCEED.
WHEREAS, the City Council of thc City of College Station has heretofore determined to
acquire the easements necessary for the installation, maintenance, repair, reconstruction,
modification, removal, inspection of the Bee Creek Channelizatien Combined Project,
and
WHEREAS, an independent professional appraisal report of the subject property has
been submitted to thc City, and the City Manager has accordingly established and
approved a certain amount determined to be just compensation for the property, pursuant
to the authority granted h~m by Resolution of the City Council on October 9, 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 property described herein for
an easement in the property as fully described in Exhibit A, 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, thc City of College Station has complied with all prerequisites of the laws of
the State of Texas to acquire an easement in the real property as described in Exhibit A,
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART h
That the official offer by the City of College Station for an easement
interest in the real property as described in the attached Exhibit A in the
amount of Four Thousand Six Hundred Fourteen and No/100 Dollars
($4,614.00) is hereby confirmed.
PART 2
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
Exhibit A. Further negotiations for settlement have been futile and
impossible because the parties are unable to agree upon just compensation.
PART 3:
PART 4:
PART 5:
PART 6:
That public necessity requires the acquisition of an easement in thc
property described in the attached Exhibit A for the construction,
installation and maintenance of the Bee Creek Channelization Combined
Project; which includes drainage, public utilities, pedestrian ways and
bikeways; and that public necessity and convenience require the
condemnation of the property in order to acquire it for such purpose.
That thc City Attorney is hereby authorized and directed to Jnsutute
proceedings in eminent domain against FRANCESCO da CONTURBIA
ROTA, now known as FRANCO DA CONTURBIA. and wife, SANDRA
DA CONTURBIA, owners of the property described herein, and against
all other owners, licnholdcrs, and other holders of an interest in the
property, in order to acquire an easement m the property described in thc
attached Exhibit A; said property lying and being situated in College
Station, Brazos County, Texas.
That the City Attorney is h~teby authorized to deposit the Awards of thc
Commissioners from aforesaid proceedings inlo the registry of the Brazos
County Court.
That this resolution shall take effect immedialely from and after its
passage.
PASSED and APPROVED this 26th day of August
,2004.
A'ITEST:
CONNIE HOOKS, City Se~"retary
APPROVED
APPROVED:
City Attorney
Francl~ D~ontu~a
0.(~17 ~ Tract
of Lot 14 - C, .e ot cklition 4
Vc . 43, PO. ?01
Cmwford Bumett Survey, A-7
College Station, Bmz. ot County, Texa~
Field note~ d" 0.047 ac;'e traot or parcel of I-nd, lying and being eituatad in ti.~e
Crawford Bumatt Survey, ~ No. 7, College 8ration, Brazo~ ~, Tm, end
being part of Lot 14, Camelot Addition Section 4 ming to the plat record~l in
Volume 343, Page 701, of the Deed Record~ of Brazo,, C.,o~ty, Texas, Lot 14 being
de~:ribed in the deed to Franct. Deconturbla, recorded In Volume 427, Page 20, of
the Deed Record~ of Br~zos County, Texas, and being n~re pa~culariy desc~bed m
follows:
BEGINNING et · 60d nail set at ~he common comer bet~.~n Lot. 13 and 14.
end In the west line of an 60' drainage ~ utility right-of..~y;
THENCE 812" 52' 55" Walong ~ common line batweonthe beforementioned
Lot 14, and the 80' drainage and utility right-of-way for · diMance of 103.00 feet to ·
60d nail sot at Ihe common corner between Lot. 14 end 15;
THENCE N 77" 07' 05" W along the common line between Lot~ 14 and 15, for
· distan=e of 20.00 feat to · ½" iron rod set, the ~ westm'ly cema' between Lot~
14 and 15 beam N 77"07' 05"W - 120.00 feat;
THENCE N 12" 52' 55" E for · distance of 100.49 feet to a ½" iron rod set in
the common line between the beforementioned Lots 13 end 14;
THENCE $ 84' 16' 26" E along the common line botwean the beforementjoned
LOt~ 13 and 14, for · distance of 20.16 feet to the PLACE OF BEGINNING,
cor~ining 0.047 acre of land, more or less.
Q Surveyed Augu.t 2003
8. ~. ~Jing ~
R.~.L.6. No. 2000
Preplred
ReMled 04/J(V04
removed al Block t referent. In 8e4~on 4
KUNG ENGINEERING AND SURVEYING
ROY V. SR, N4D k'rl~ B. ~
2ooe tJNMORD SIllE:D
~OLJ~M: STA110N, ~
VOL. 2102, PG. 151
LOT 14
POST 8RS
LOT 15
~.,....~ j/ VOL. leO0. PO. 311
:; ~;~.~ ,~.,,: ~.~= ~. /
0~ ~ /
, ~ ~ ~ = ~ BEE CREEK
I1" ~"~ ~ ,o,~,~ ~~ OF
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Il s u ~u~o ~ p L~ 2003 ~: 1'--~' S~B~, 2003