HomeMy WebLinkAbout1-23-2003-9.6 - Resolution - 01/23/2003RESOLUTION NO. 1-23-2003-9.6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, DECLARING THE NECESSITY FOR ACQUIItIlNG BY CONDEMNATION
AN EXCLUSIVE PUBLIC UTILITY EASEMENT IN CERTAIN DESCRIBED
PROPERTY TO INSTALL AND MAINTAIN THE WATER TRANSMISSION
PIPELINE PROJECT AND FOR ALL OTHER UTILITIES, 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 right-of-way necessary for the installation, maintenance, repair,
reconstruction, modification, removal, inspection of the water pipeline system and
communication lines to service the water system and related equipment and for the
installation, maintenance, repair, reconstruction, modification, removal, inspection of all
other utilities; and
WHEREAS, an independent professional appraisal report of the subject property has
been submitted to the City, and the City Manager has accordingly established and
approved a certain amount determined to be just compensation for that parcel, pursuant to
the authority granted him by Resolution of the City Council on Apri126, 2001; and
WHEREAS, the City initially sought to acquire a 0.36 acres easement from the property
owner which has subsequently been reduced in size to 0.27 acres (more or less); and
WHEREAS, an official written offer based upon the amount detertnined to be more than
the just compensation has been transmitted to the owners of the property described herein
for a smaller easement than the easement originally requested, and further negotiations
for settlement have been futile and impossible because the parties are 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 an unencumbered exclusive public utility easement, save
and except oil, gas and sulfur, in the property described in the attached Exhibit A; 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 Starion for the exclusive public
utility easement in land described in the attached Exhibit A, in the amount of
Seven Thousand Fifty Seven Dollars ($7,057.00), 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, in accord with the laws of the
State of Texas, for the 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: That public necessity requires the acquisition of the unencumbered exclusive
public utility easement in the propexty described in the attached Exhibit A,
save and except oil, gas, and sulfuY rights, for the installation and
maintenance of an exclusive easement the Parallel Water Transmission
Pipeline Project, and all other utilities in Bxazos County, Texas; and that
public necessity and convenience require the condemnation of this property
in order to acquire it fox such purpose.
PART 4: That the City Attorney is hereby authorized and directed to institute
proceedings in eminent domain against Jean A. Preston, a/k/a Jean Artha
Preston, owner of the property described herein, and against all other
owners, lienholders, and other holders of an interest in the property, in
order to acquire an unencumbered exclusive public utility easement, save
and except oil, gas, and sulfur rights, in and to the property lying and
being situated in Brazos County, Texas and described in Exhibit A
attached hereto and incorporated herewith.
PART 5: That the City Attorney is hereby authorized to deposit the Award 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 23`a day of Januarv, 2003.
ATTEST: APPROVED
. ~
CONNIE HOOKS, City Secretary RO N-SIEVIA, Mayor
APPROVED:
City Attorney
Joe Orr, Inc.
surmyon & Engr„m
2167 Post Oak Circle
College Station, TX 77845
(979) 690-3378
Utility Easement
Preston 4.23 Acre Tract
Crawford Bumett L,cague
College Station, Texas
June 11, 2002
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All that certain tract or pazcel of land Iying and being situated in the Crawford Burnett
League, Abstract No. 7, in College Station, Brazos County, Texas, being a part of tfiat
4•23 acre tract conveyed to Jean A. Preston and Linda Jean Prestan as "Second TracP" in
deed recordod in Volume 433, Page 48 of the Dead Rocords of Brazos County, Texas,
being an easarient thirty feet (30') in width lying alottg and adjacent to the south right-of-
way Iine of Harvey Mitchell Parkway (F,M, 2818) and being more particulazly describod
as follows: .
Beginning in the southwest right-of-way line of Harvey Mitchell Parkway in the line
between the said Prestoa tiact and that 81-1/2 acrc tract conveyed as "Third TracY' to
Harry Gorzycki by dad rocorded in Volume 81, Page 186 of the Deed Records of Brazas
CountY, Texas, firom which aa old 6" cedar fence corna post was found 1.0' SW and a
petrifiod rock was found S 410 SO' 29" W- 629.4 feet at the most southerly comer of the
said Prestoa uact
Tharce N 800 SO' 3T' W- 50S2 feet along said right-of-way to a concrete right-of-way .
monument fouad at aa aagle point;
Thence N 760 46' 47" W- 33950 feet contiauing along said right-of-way to the common
comu of the said Preston lract aad that 6.21 acre tract comreyod to Ervin M. Williams Sr.
aad wife Mildrod Williams by deed recorded in Volume 433, Page 39 of the Dood
Rxords of Brazos County, Texas, fmm wtuch a 3/8" iron rod was faund N 41 ° E- 0.2';
Thence S 400 46' 04" W- 33.84 feet along the line between the said Preston tract and the
said Williams tract to the most westerly corner of this tract;
Thence S 760 46' 47" E- 356.22 feet through the said Prestoa tract, parallel to and 30'
from the southwcst right-of-way line of Harvey Mitchell Parkway, to an aagle point;
Thence S 800 50' 3T' E-- 32.33 feet continuing thruugh the said Preston tract, parallel to
and 30' from said'right-of-way line to the Iine betwcen the said Preston tract and the said
GorLyclci tract;
Utility Eaiement - Prestoa Tract
Page i of 2
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Thence N 410 50' 29" E- 35.64 feet along the lino between the said Proston tract and the
said CorzYclci tract to the Point of Beginning and containing 0.27 acres of land more or
less.
Bearings are Texas State Plane, Central Zone, NAD-83 datum, as determined by GPS
observations using City of College Stadon 1994 GPS monuments.
Utitity $sscnew _ pnxooQ Trao
Page 2 of 2
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