HomeMy WebLinkAbout11-23-81-4 - Resolution - 11/23/1981RESOLUTION NO. 11-23-81-4
WHEREAS, the City Council of the City of College Station has determined
that it is imperative to drill an additional water well for
current and future water needs; and
WHEREAS, the Engineering staff and City Manager have selected a site and
proposed same to the Council and the Council finds that said
site is situated in the proper location for the well, in that
said site must necessarily be acquired for the drilling of a
water well, for the benefit of the entire community and in the
interest of public health, safety, and welfare, and that such
site is the best suited site for this purpose; and
WHEREAS, the property selected for such site by the Council is located
off of Sandy Point Road in Brazos County, Texas, and is more
particularly described on the Exhibit A attached hereto; and
WHEREAS, the City has negotiated with the owner of the site, Lucille
Higgs Wehrman, and sought to purchase the said property, tender-
ing an offer and compromise therefor to the said owmer on
November 6 , 1981, and November 18, 1981, for a proposed
purchase price of $15,000, which sum exceeds the market value
of the property, and
WHEREAS, the necessity for obtaining the property for the stated public
purposes may require the exercise of the City's power of
eminent domain, if a suitable compromise is not reached im-
mediately,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
College Station; 1) that the City shall seek to purchase the
property described in the attached Exhibit A, and the fee simple
title thereto, and failing a suitable agreement for the purchase
and sale of same, the property shall be taken by eminent domain
by the City of College Station pursuant to the provisions of the
laws of the State of Texas relating to condemnation actions, for
the purpose of drilling and equipping a water well, which is a
public purpose. 2) that an easement shall be taken sought and
across the property described in the attached Exhibit B, for
the following purposes, to wit: The following uses of such
property shall be prohibited and the City shall be entitled to
go upon said property to prevent or abate such uses:
a) cesspool .' .
b) septic tank or septic tank open Jointed drainfield ,~,
c) sewage treatment plant
d) sewage wet well
e) sewage pumping station
RESOLUTION NO. 11-23-81-4
PAGE 2
f) drainage ditches with industrial waste dis-
charges or wastes from sewage treatment systems
g) animal fee~ lots
h) solid waste disposal sites or landfills
i) lands irrigated by sewage effluent
j) no other facilities that might create a danger
of pollution to the water to be produced from the
well to be located at the center of this circular
easement, with a radius of 155'.
and that the City shall make a reasonable offer to the owner(s)
for such an easement, and shall seek to negotiate such a pur-
chase; 3) that the easement described above shall be taken by
condemnation if no agreed price and terms are arranged; 4) that
the City shall pay all initial costs of such proceedings, and
any costs adjudged against it, and will pay the amount of a
commissioner's award to obtain title and possession of the said
property. 5) that the City Attorney shall forthwith initiate
legal proceedings to take such property by condemnation and
shall prosecute such suit to conclusion, seeking to obtain
possession and title to the said tract is expeditiously possible.
This resolution was passed in an open public meeting of the City Council
of the City of College Station on November 23, 1981.
ATTEST:
APPROVED
Gary Hal~t~
/
City ~cretary
Lowell
torney
RESOLUTION NO. 11-23-81-4
EXHIBIT B
WELL LOCATION
Being all of that lot tract or parcel of land located within a circle
with a radius of 150' from the following point:
BEGINNING, at a point in the north right-of-way line of Sandy Point
Road, same point being a point in the N.E. boundary of the Lucille
Higgs Wehrman 35 acre tract recorded in Volume 279, Page 357 in the
Deed of Records of Brazos County, Texas.
THENCE, N 45° W. 204.8 feet along the N.E. line of the aforesaid tract
to a point.
THENCE, S 45" W. 100 feet to a point, said point being the well location.
if. RESOLUTION NO. 11-23-81-4
EXHIBIT A
STARTING at a point being the north east corner of the Lucille Higgs
Wehrman 35 acre tract recorded in Vol. 279, page 357 of the Deed of
Records of Brazos County, Texas, said point also being the west corner
of the Francis Campbell tract.
THENCE S45°E 1131.0 feet along the common boundry of the aforementioned
tracts to a POINT OF BEGINNING, said point being the north corner of the
tract described as follows.
THENCE S45°W 200.0 feet to a point for a corner.
THENCE S45"E 130.8 feet to a point in the north right-of-way line of
Sandy Point Road, the chord of which bears N86"01'24'' E 265.1 feet,
said curve having a radius of 4543.66 feet and a central angle of
3°20'36'' to an iron rod for a corner.
THENCE N45"W 304.8 feet along the north east line of the Wehrman tract
to the place of beginning.
O33 9