11-09-23-9.3 - Resolution - 11/09/2023Page 1 of 3
RESOLUTION NO. 11-09-23-9.3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, DETERMINING THAT A PUBLIC UTILITY EASEMENT CONTAINING
APPROXIMATELY 0.449 ACRES OF LAND IS NEEDED AND NEEDS TO BE
ACQUIRED FROM CLARKE & WYNDHAM, INC., ET AL., FOR THE
CONSTRUCTION, OPERATION, AND MAINTENANCE OF A PUBLIC UTILITY
EASEMENT AND AUTHORIZING THE INSTITUTION OF EMINENT DOMAIN
PROCEEDINGS.
WHEREAS, the City Council of the City of College Station now finds and determines
that public convenience and necessity requires the City of College Station to acquire a permanent
public utility easement over and across a tract of land totaling approximately 0.449 acres for the
public purpose of the construction, operation, and maintenance of a public utility easement in
the City of College Station, Texas. A more specific description of said public utility easement is
attached hereto as Exhibit A and made a part hereof (herein after the “Land”); and
WHEREAS, the City of College Station, through its duly authorized representatives,
has negotiated with the owner of the Land for the purchase of the Land for the purpose stated
herein and has been unable to agree with such owner as to the fair cash market value thereof
and damages, if any, to obtain the necessary property rights required by the City of College
Station; and
WHEREAS, the City Council of the City of College Station has authorized the City
Manager or his designee to make an offer to the owner of the Land for the purchase of the same
based upon its appraised value, and such offer has been made and the owner has refused to
accept such final offer; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
Page 2 of 3
Section 1. The facts and recitals set forth in the preamble of this resolution are
hereby found to be true and correct.
Section 2. The City Council of the City of College Station finds that, in compliance
with Chapter 21 of the Texas Property Code, a bona fide offer has been made by duly
authorized representatives of the City for the acquisition of a public utility easement over and
across the herein described Land, and that said offer was not accepted, and that the only way
for the City of College Station to acquire such interest in the Land is through the filing of
eminent domain proceedings.
Section 3. The City Council hereby finds and determines that a public use and
necessity exists for the City of College Station to construct, operate, and maintain a public utility
easement and to acquire the necessary property rights in the Land as allowed by law, together
with all necessary appurtenances, additions and improvements on, over, under, and through
those certain lots, tracts or parcels of land.
Section 4. The City Attorney, or his designee, is hereby authorized to bring eminent
domain proceedings on behalf of the City of College Station under applicable provisions of law,
whether provided by §251.001 of the Texas Local Government Code, as amended, Chapter 21 of
the Texas Property Code, or by any other provision of law, against the owner or owners of the
Land, to-wit: Clarke & Wyndham, Inc.; Real Alchemy, L.P.; Real Alchemy 1, L.P.; JPJ
Investments, a Texas general partnership; and any other person or entity who may have any
interest in the Land.
Page 3 of 3
PASSED, APPROVED, AND RESOLVED this day of , 2023.
John Nichols
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
9th November
Proposed Easement
Lots 4 & 5, Block One
Sutton Place
College Station, Texas
October 2022
BASELINE
All of that certain tract or parcel of land lying and being situated in the Morgan Rector league,
abstract no. 46, in College Station , Brazos County, Texas, being part of Lots 4 and 5, Block One
of Sutton Place as described by the plat recorded in volume 401, page 402 of the Deed Records
of Brazos County , Texas, generally being a variable-width strip of land across the northwest
boundary of said Lots , and being more particularly described as follows:
Beginning at the west corner of said Lot 5, also being an inside corner of Lot 2 , Block 2 of Post
Oak Mall as described by the replat recorded in volume 517, page 689 of the Deed Records of
Brazos County , Texas, from where a 1/2" iron rod with a red plastic cap stamped "M.McCLURE
RPLS 2859" found in a southeast right-of-way line of Holleman Drive bears N 52° 49' W -6.9
feet, and City of College Station GPS monument no . 127 bears N 75° 57' 53" E -1696 .5 feet ;
Thence along the northwest boundary lines of said Lot 5, also being southeast lines of said Lot 2
of the Post Oak Mall subdivision, as follows :
N 39° 33 ' 48 " E -331.02 feet to a 5/8" iron rod found at an angle point;
and N 42° 06 ' 20" E -74 .76 feet to the northeast corner point of this easement tract, in the
right-of-way arc (radius 50.00 ft .) of Sutton Place (public right-of-way), from where a
5/8" iron rod found (bent) at or near the northeast corner point of Lot 2 bears N 42 °
33'E -7.4 feet;
Thence along the said right-of-way arc, in a counter-clockwise direction , through a central angle
of 93 ° 49' 53 ", the chord of which bears S 13 ° 19 ' 49" E -73. 04 feet , to the east corner of this
described easement tract;
Thence S 42° 20' 40 " W -360 .94 feet , through said Lots 4 and 5, to the south corner of this
described easement tract in a southwest line of Lot 5 and northeast line of said Lot 2 of the Post
Oak Mall subdivision ;
Thence N 51 ° 54' 50 " W-44.06 feet , along the said common Lot line and subd ivision boundary,
to the Point of Beginning and containing 0.449 acre (19 ,568 sq. ft .) of land more or less .
Bearings are Texas State Plane , Central Zone , NAD-
83(CORS) datum, based on City of College Station GPS
control monuments no. 1 and no . 120 (N 63 ° 55 ' 14 " E).
See separate survey plat dated October 2022 .
Proposed Easement -Lots 4 & 5, Block One -Sutton Place Page 1 of 1
1701 Southwest Parkway , Suite 104, College Station , Texas 77840 I 979 .693 .2777 I TxSurv F-10030200 I BaselineSurveyors .net EXHIBIT A
BASELINE \ 3 a Block 1, Lot 4—AR of the — a ae Lot 4-AR Post Oak Mall Subdivision — ==—a-ae \ Veo ° ; vol. 15084, pg. 34 E5e— ese cy 7 Replat of Lot 4 & 5 “27 Baseline |DCCM | TxSurvF-10030200 =~ — ~ \ Block 1, Post Oak Mall 1701 SW Pkwy, Ste 104, College Station, TX 77840 \ vol. /52 pg. 573 ‘ 979.693.2777 | BaselineSurveyors.net \ \ , —_ Pose eeoCS) \ \ \ = Tyas 735 \ \ oo 3490, 99: Lot 5A \ oy - Block 1 \ 10’ Electric Easement N 42 3SE-7.4 \ YW vol 517, pg. 689 (plat) > N 42°06’20"E A \ \ \ (also on Lot 2, Block 2) < | az \ \ Wz Of, NeoSoj? \ NN: : . | Survey Cantrol Nate: * Ry, Su5% \ : . : | City of CS GPS man. no. 127 S shh ; ; eee Lot 3-R bears N 75'57'53” — — 1696.5’ 99. p ° from Point of Beginning (P.0.B.) : (vol. 120). z pg. 120 ite. (lot corner) ] CG, So, ow * Mey | | °. Lot 4 | N soaerw7ee" — S12 Block One | || ~ N 51°54’50"W y Oct. 2022 meee Ny Utility E t sutton Place 0 20 50 100 200 Ft Wty asemen a \ F shown as “existing” vol. 401 , Pg. 402 4 fi 1 ' | on Sutton Place plat Se = = : , _/ \ Bearings are TX State Plane, Central ~__ Replat of «a \ Zone NAD83 datum, based on GPS ~~ Post Oak Mall _——- \ Lot 5 observations checked to City of CS Os a au - Block One . . GPS control monuments no. 127 —_ \ C Drainage, Access, Pedestrian . a4 4” vol. 517, pg. 689 ok \ & Bicycle Path Easements and no. 120 (S 43°22'14” W). _ e |. 4611, pg. 79 (CoCS ye ae gat cosy ico) Soe aN \ ve (Coes) ~ —--7 All existing easements may not be ~~ , ec — —- —_ SO 500: eo a Ne > 20’ San. Sewer Easement ee — shown. vow a \ vol. 335, pg. 469 (CoCS) aT a “Title Commitments GF No. 222307 a a — = and 222308, dated June 2022 from Lot 2 — ao University Title Co. was relied upon _ Block 2 Temporary Construction oo for existing easement research. — Easement (dated 2002 - — vol. 4511, pg. 69 (CoCS) Due to lack of found monuments, = \L—a land title survey by McClure & 40’ "Road sown Browne dated June 3022 was relied dedicated by plat upon for some boundaries of the vol. 477, pg. 147 Sutton Place lots. (considered by CoCS to be vacated) See separate metes and bounds -— description prepared with this plat. Drainage, Access, Pedestrian 2 — _ — & Bicycle Path Easement = «a val. 4611, pg. 92 (CoCS) \e— Proposed Easement yo Ve _-— Wolf Pen Creek \ ee a Drainage and Lots 4 & 5, Sutton Place \ oe ao eo Pedestrian Access <= Southereek Phase | _ Dedication Morgan Rector league A—46 — ° 7 vol. 2205, pg. 243 College Station, Texas EXHIBIT A