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HomeMy WebLinkAbout07-25-85-17 - Resolution - 07/25/1985RESOLUTION NO. 07-25-85-17 WHEREAS, the City of College Station having determined the necessity of constructing a sewerline, known as the Bee Creek Interceptor Sewerline, beginning at the Waste Water Treatment Plant site and continuing westerly to the Gulf States Utility Service transmission line, then turning and running parallel with said Gulf States Utility line to the existing 27" sanitary sewerline easement, then turning and paralleling the existing 27" sanitary sewerline in a wester- ly direction to the Matous property; and WHEREAS, the City Council having determined that it is necessary to obtain an easement on property owned by Haldec, Inc., described on the attached Exhibit A to this resolu- tion, and that the public need requires the acquisition of same in such manner as to make the property available for lawful use for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of College Station that the easement area described on Exhibit A attached hereto shall be acquired by the City; the reasonable cash market value of same shall be determined and paid according to law, either by voluntary purchase or by condemnation; and that the City Manager, the Mayor, and the City Attorney are authorized to take any and all necessary actions to obtain and pay for such property, including the marketable title thereto, free, and clear of any restric- tions or covenants inconsistent with the use of same for all lawful public utility purposes. Further, that the City At- torney is by this resolution expressly authorized to ini- tiate and pursue condemnation proceedings and any other litigation incident to the purpose herein set forth. PASSED and APPROVED this 25th day of July , 1985. ATTEST MAYOR EXIiIBIT A UTILITY ~ASE~Ff HALDEC, INC. TRACT Being three (3) strips of land, one (i) 20-foot wide (Tract One) and two (2) 10-foot wide (Tracts Two and Three) for per~anent public utility easements situated in the Horgan Rector League, Abstract No. 46, Brazos County, Texas, out of a 300.0 acre tract of land conveyed to Haldec, Inc. by deed recorded in Volume 394, Page 766 of the Deed Records of Brazos County, Texas, the boundary of said easements being more fully described as follows: TRACT ONE CO~-~NCING at an iron pin marking a co~n corner of said Haldec, Inc. tract and a 2.0 acre tract of land conveyed to the City of College Station by deed recorded in Volume 172, Page Ill of the Deed Records of Brasos County, Texas, said iron pin also lying on a northwest line of a 37.0 acre tract of land conveyed to Freddie A. Woltere by deed recorded in Volume 207, Page I of the Deed Records of Brazos County, Texas and being N 65e E 161.3 feet, more or less, from the moat westerly corner of said Walters tract; THENCE N 45' ~ contiguous with the common property line of said Haldec, Inc. and City of College Station tracts a distance of 12.5 feet to the POINT OF BEGII~ING of this Descriptionl THENCE S 44'46'58" W 224.7 feet, more or less, to a point for corner, said point also being on the easterly boundary line of an existing 100-foot wide utility easement conveyed to Gulf States Utilities by deed recorded in Volume 130, Page 230 of the Deed Records of Brazos County, Texas; THENCE N 36'04'07" ~ contiguous with said extstin8 easterly easement boundary line a distance of 20.3 feet, more or less, to a point for corner; THENCE N 44o46'58" E 221.5 feet, more or less, to a point for corner on the common property line of said Haldec, Inc, and the City of College Station tracts; THENCE S 45' E contiguous with said common property line a distance of 20.0 feet, more or less, co the POINT OF BEGINNING and the end of this Description. An additional easement for construction purposes is granted until completion of a sanitary sewer project, said construction easement being a 50-foot wide scrip of land with the southerly boundary line being contiguous with the southerly boundary line of the above described 20-foot permanent utility easement. TRACT T~O COMmeNCING at the POINT OF BEGINNING of Tract One (described above); THENCE S 44°46'$8'' W 214.6 feet, more or less, to the POINT OF BEGINNING of this Description; THENCE S 36e04'07'' E parallel and lO-feet northeast of the easterly boundary line of said existing Gulf States Utilities 100-foot wide utility easement a distance of 574.3 feet, more or less, to a point for corner, said point also being on the northerly boundary line of an existing 20-foot otility easement recorded in Volume 320, Page 368 of the Deed Records of Brazos County, Texas; THENCE S 20'31'18" ~ contiguous with said existing northerly 20-foot easement boundary line a distance of 12.0 feet, more or less, to a point for corner, said point also beir~ on the easterly boundary line of said existing Gulf States Utilities 100-foot utility easement; THENCE N 36'04'07" ~ contiguous with said existing easterly 100-foot easement boundary line a distance of 579.2 feet, more or less, to a point for corner; -1- E~{IBIT A 0O51 4 4 HALDEC, INC. TRACT (continued) THENCE N 44046'58" E I0.i feet, more or less, to the POINT OF BEGINNING and the end of this Description. No construction easement is granted for Tract 2. TRACT THREE CO~4ENCING at the POINT OF BEgINNinG of Tract T~o (described above); THENCE S 36'04'07" E parallel and 10 feet northeast of the easterly boundary line of said existing Gulf States Utilities 100-foot utility easement a distance of 574.3 feet, more or less, to an angle point, said point also bainS on the northerly boundary line of said existing City of College Station 20-foot utility easement; THENCE S 20'31'18" W contiguous with said existing northerly 20-foot easement boundary line a distance of 12.0 feet, more or lass, to the POINT OF BEGINNING of this Description, said point also being on the easterly boundary line of said existing Gulf States Utilities 100-foot utility easement; THENCE continuing S 20°31'18" W contiguous with the northerly boundary line of said 20-foot utility easement a distance of 525.8 feet, more or less, to an angle point; THENCE S 75'53'46" W contiguous with said northerly easement boundary line of said 20-foot utility easement a distance of 1372.3 feet, more or less, to an angle point; THENCE S 54e20'06'' ~ contiguous w/th said northerly easement boundary line a distance of 527.1 feet, more or less, to a point for corner, said point also being on a common property line of said Haldec, Inc. tract and a 10.0 acre tract of land conveyed to Frank J. Hatous by deed recorded in Volume 261, Page 629 of the Deed Records of Brazoe County, Texas, said point also being S 40'43" ~ 150 feet, more or less, from the most easterly corner of said Hatous tract; THENCE N 40~43' E contiguous with said connnon property line a distance of 41.8 feet, more or less, to a point for corner; THENCE N 54'20'06" E parallel and 10 feet northwest of the northerly boundary line of said existing 20-foot utility easement a distance of 488.7 feet, more or less, to an angle point; THENCE N 75°53'46" E parallel and 10 feet northwest of the northerly boundary line of said existing 20-foot utility easement a distance of 1368.5 feet, more or less, to an angle point; THENCE N 20'31'18" E parallel and 10 feet northwest of the northerly boundary line of said existing 20-foot utility easement a distance of 527.2 feet, more or less, to a point for corner, said point also being on the easterly boundary line of said existing Gulf States Utilities lO0-foot utility easement; THENCE S 36'04'07" E contiguous with the easterly boundary line of said existing Gulf States Ut/l/ties 100-foot utility easement a distance of 12.0 feet, more or less, to the POINT OF IEGINNING and the end of this Description. An additional easement for construction purposes is granted until completion of a sanitary sever project, said construction easement bein~ a 50-foot wide strip of land with the northerly boundary being parallel and 10 feet northerly of the northerly boundary of the above described 10-foot permanent utility easement and the southerly boundary being parallel and 10 feet southerly of the southerly boundary of the aforesaid existing 20-foot pe~nauent utility easement, E.R. McDow, Jr. Registered Public ~rveyor No. 3755 April, 1985 EXHIBIT A - Page 2