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10-08-15-02 - Resolution - 10/08/2015 RESOLUTION NO. 10-08-15-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, AUTHORIZING THE ESTABLISHMENT OF A PUBLIC EASEMENT WITHIN LICK CREEK GREENWAY PROPERTY. WHEREAS, the Texas Parks and Wildlife Code Chapter 26.001: PROTECTED LAND; NOTICE OF TAKING et. seq. establishes the requirements for the use or taking of land currently designated and used as a park, recreation area, scientific area, wildlife refuge, or historic site; and WHEREAS, the City of College Station wishes to extend the Spring Creek Transmission Line within Lick Creek Greenway property; WHEREAS, in compliance with statutory requirements recited above, notice and a public hearing were held where all interested persons present who were entitled to speak did so speak; now,therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the facts and recitations set forth in the preamble of this resolution are hereby declared true and correct. PART 2 That the City Council of the City of College Station, Texas, hereby determines there is no feasible and prudent alternative to the use of Lick Creek Greenway property for an easement to extend the Spring Creek Transmission Line as set forth in Exhibit"A" attached hereto. PART 2: That the City Council of the City of College Station, Texas, hereby determines that the use of the greenway as described in this resolution includes all reasonable planning to minimize harm to the greenway. PART 3: That, based upon the above, the City Council of the City of College Station, Texas, hereby approves the use of a portion of the Lick Creek Greenway property for the establishment of a Public Easement as set forth herein. PART 4: That this resolution shall take effect immediately from and after its passage. Resolution No. 10-08-15-02 Page 2 of 5 ADOPTED this 8th day of October, 2015. ATTEST: APPROVED: At ;i City Secretary 40 MAYOR APPROVED: (1z4_ City Attorney Resolution No. 10-08-15-02 Page 3 of 5 Exhibit "A" Joe Orr, Inc. A BASELINE CORPORATION CO. Post Office Box 11979 College Station, TX 77842-1979 (979) 693-2777 TBPLS Firm no. 100544-00 Proposed Easement City of College Station Lick Creek Greenway Area Thomas Caruthers league A-9 College Station, Texas 28 August 2015 All of that certain tract or parcel of land lying and being situated in the Thomas Caruthers league, abstract no. 9 in College Station, Brazos County, Texas, being a strip of land totaling 100.00 feet in width through designated Greenway areas in the Lick Creek floodplain, with 70.00 feet being along the northwest line of that 45.1 acre tract described in deed to the City of College Station recorded in volume 3900, page 230 of the Official Public Records of Brazos County, Texas, and 30.00 feet being along the southeast line of that 100.64 acre tract described in deed to the City of College Station recorded in volume 6927,page 226 of the Official Public Records of Brazos County, Texas, and being more particularly described as follows: Beginning at a 1/2" iron rod with an orange plastic cap stamped "HP MAYO RPLS 5045" set in 2002 at the east corner of the said 100.64 acre tract, in the northwest line of that 16.7 acre tract described in deed to Brazos Valley Solid Waste Management, Inc. recorded in volume 12153,page 130 of the Official Public Records of Brazos County,Texas,from where the City of College Station GPS control monument no. 9 bears N 38° 55' 57" E—3104.8 feet. Thence S 41° 45' 21" W — 137.87 feet, along the common boundary of the said 100.64 acre and 16.7 acre tracts,to a 1/2"iron rod found at a common corner of the 16.7 acre tract and said 45.1 acre tract; Thence S 48° 15' 31"E—25 feet, along the common boundary of said 16.7 acre and 45.1 acre tracts, to the center of Lick Creek; Thence down the center of Lick Creek with its meanders, being the common boundary of said 16.7 acre and 45.1 acre tracts, approximately as follows: N 60° E—22 feet and S 66° E—40.01 feet; Thence S 41° 44' 29" W — 653.60 feet, through the said 45.1 acre tract, parallel and 70.00 feet southeast of the common boundary of the 45.1 acre and said 100.64 acre tracts,to a point for corner of this described tract,being in a south line of an area designated as Greenway by the City of College Station; Resolution No. 10-08-15-02 Page 4 of 5 Thence Due West—93.81 feet, along said Greenway boundary line,to a 1/2"iron rod with an orange plastic cap stamped "HP MAYO RPLS 5045" set in 2001 on the common boundary of said 45.1 acre and 100.64 acre tracts; Thence Due West—40.21 feet, continuing along said Greenway boundary line,to the most westerly corner of this described tract; Thence N 41° 44' 29" E — 709.75 feet, through the said 100.64 acre tract, parallel and 30.00 feet northwest of the common boundary of the 100.64 acre and said 45.1 acre tracts,to an angle point in this described tract; Thence N 41° 45' 21" E — 137.95 feet, continuing through the said 100.64 acre tract, parallel and 30.00 feet northwest of the common boundary of the 100.64 acre and said 16.7 acre tracts, to the most northerly corner of this described tract, in the common boundary of the 100.64 acre tract and that 66.32 acre tract described in deed to the City of College Station recorded in volume 4480,page 135 of the Official Public Records of Brazos County, Texas; Thence S 48° 05' 22" E — 30.00 feet, along the common boundary of said 100.64 acre and 66.32 acre tracts, and that 0.36 acre tract described in Quit Claim deed recorded in volume 4443, page 17 of the Official Public Records of Brazos County, Texas, to the Point of Beginning and containing 1.6 acres of land more or less. Bearings are Texas State Plane, Central Zone NAD83 (CORS) datum, based on City of College Station GPS monuments no. 9 and no. 138 (S 9° 19' 11" W). See survey plat dated August 2015. 100'Easement through Lick Creek Greenway Page 2 of 2 Resolution No. 10-08-15-02 Page 5 of 5 { Brazos Valley Solid Waste AI Management Agency, Inc. ORR Inc. City of College Station—, 16.7 acres 0.36 oc. (Quitclaim) ABASELINECORPORATIONCO. vol. 4443, pg. 17 1 >vol- 12153, pg. 130 Professional Surveyors P.O.BOX 11979 COLLEGE STATION.TEXAS 77842.1979 (979)0912777 www.basellneeuneyors.ne[TBPLS Firm no.10054400 City of College Station 66.32 acres vol. 4480, pg. 135 --...„..........„.N4,_ .,..__ ' * Creek Boundary Note: V Existing 70' Easement . The property line is along the actual vol. 12000, pg. 16 centerline of the creek, except where P.O.B. I gee where shown. These meander lines oV are only approximately along creek CL. S 48°05'22"E-30.00' 12d',a) 11 4A°A 8� G+Gk Creed MEANDER LINE TABLE N 41°45'21"E I /� �'� 137.95' F{Ove L1 N 60° E 22' I i LZ / L2 S 66° E — 40.01' iT IoundnP IR ncehc � / in o2" fet,,,,, ♦�-`a� Survey Note: 1 S 48°15'31"E-25' i City of CS GPS mon. no. 9 bears I .,. IR to creek N 38°55'57"E — 3104.8' from the +t'ti\*\1' Point of Beginning (P.O.B.) \'. 30' Proposed A ' '. / 100' Easement - a , 1.6 acres , •Er � 1"�ay b. a� -.c l /3 Lick Creek. ^�;` ' .o ; /c�` City of College Station L I a_,,,` /vri 45.1 acres w'�,� . vo vol. 3900, pg. 230 ° ,,,„ 41,I _ .1 / Iz City of College Station August 2015 100.64 acres o. vol. 6927, pg. 226 I ` 0 50 100 200 300 400 Ft. faing...7 � _r—WEST Bearings ore TX State Plane, Central • �; � WEST i Zone NAD83(CORS) datum, based on • ' 40.21'i 93•$1 City of CS GPS control monuments ��� • � G d=, �;� no. 9 and no. 138 (S 9°19'11"W). 4irNIW 4 ©�). r This easement tract is almost entirely 4 re 44.......... d• I within the 1% flood hazard area. •••••Nyy •+ •• i ' � y ✓ IYa Exisiting utilities and all existing ••'w•,•'o.00OOOO•OOOOO ••� I i b easement are not shown. )+r�� 5045 q,• I I oda See separate metes and bounds . ...7+.4 434''" Q 4, �i / ��o description prepared with this plat. 1, VU0 4�4 i�. 1E i 1l4 *Note: 15' Waterline Eosement Ir These recorded easements do not (Wellborn S.U.D.) z` include detailed locations, but maps vol. 3768, pgs. 32 & 341 u1 provided by the pipeline companies Released — vol. 6954, pg. 235 e'..-°63-,5) indicote that these are the pipelines j.6§... `' covered by these easements. f ����:� 1 30' Pipeline Easements 50' Pipeline Easement* Ili vol. 534, pg. 108 (Producer's) vol. 534, pg. 119 (Producer's) 1 i ) — -- __ .— City of College Station `\ \ Proposed 100 Easement 78.36 acres vol. 3900, pg. 223 City of College Station Tracts Thomas Caruthers league A-9 College Station, Texas