11-09-23-9.4 - Resolution - 11/09/2023RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS,
DETERMINING THAT A PUBLIC UTILITY EASEMENT CONTAINING THREE PARCELS,
TOTALING APPROXIMATELY 1.49 ACRES OF LAND, IS NEEDED AND NEEDS TO BE
ACQUIRED FROM POM-COLLEGE STATION, LLC, 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 three tracts of land totaling approximately 1.49 acres for the public purpose of the construction,
operation, and maintenance of a public utility easement in the City of College Station, Texas. More specific
descriptions of said public utility easements are attached hereto as Exhibits A-1, A-2, and A-3 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 owners of the Land for the purchase of the Land for the purpose stated herein and has been unable to
agree with such owners 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 owners 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:
11-09-23-9.4
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 final offer heretofore made to the owner for the purchase of the Land is in all things
hereby ratified and confirmed.
Section 5. 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: POM-College Station, LLC and any
other person or entity who may have any interest in the Land.
PASSED, APPROVED, AND RESOLVED this day of , 2023.
John Nichols
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
9th November
EXHIBIT A-1
BASELINE Stim
Proposed Easement
Lot 4-AR, Block 1
Post Oak Mall
College Station, Texas
December 2022
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 Lot 4-AR, Block 1 of Post
Oak Mall Subdivision as described by the replat recorded in volume 15084, page 34 of the Official
Public Records of Brazos County, Texas, generally being a triangular tract of land near the north
corner of Lot 4-AR, contiguous with the proposed future right-of-way lines of State Highway Nos.
6 and 30, and being more particularly described as follows:
Beginning at point in the northeast boundary of said Lot 4-AR, where the said future right-of-way
line of Highway no. 6 intersects with the current right-of-way line, from where a 1/2" iron rod with
a yellow plastic cap stamped “KERR 4502” found at an angle point in the northeast boundary of
Lot 4-AR bears N 30° 41’ 20” W — 149.36 feet, and City of College Station GPS monument no.
127 bears S 44° 23’ 25” E — 2829.4 feet;
Thence N 33° 32’ 59” W — 104.74 feet, along the future southwest right-of-way line of Highway
no. 6 through said Lot 4-AR, to the most northerly corner of this described easement tract;
Thence S 71° 41’ 44” W — 30.09 feet, through said Lot 4-AR along another future right-of-way
line, to the west corner of this described easement tract;
Thence S 48° 00’ 00” E — 116.33 feet, through said Lot 4-AR, to the Point of Beginning and
containing 1,520 sq. ft. (0.035 acre) 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. 127 and no. 120 (S 43° 22’ 14” W).
See separate survey plat dated December 2022. HENRY P MAYO \ PO Cececovege micneneesess
Proposed Easement — Lot 4-AR, Block 1, Post Oak Mall Page 1 of 1
1701 Southwest Parkway, Suite 104, College Station, Texas 77840 | 979.693.2777 | TxSurvF-10030200 | BaselineSurveyors.netEXHIBIT A-1
BASELINE
~_mr—-Aa BS Ge Ge EVE
Baseline |DCCM | TxSurv F-10030200
1701 SW Pkwy, Ste 104, College Station, TX 77840
979.693.2777 | BaselineSurveyors.net
current R.O.W.
lines
10’ Water Line Easement vol. 481, pg. 245 (CoCS)
ae
oS
Proposed Right—of—Way lines per survey by
AG3 Group, LLC
(Sept. 2022 — not final)
fjesesSarcsoneseecne eoveononsacvely
HENRY P MAYO Ni csepensesrersensnssessscnase self
By) : “9, 5045
Weta oN y
Ny ee ESS Mis CEN >
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Oo WwW a cia
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Dec. 2022
60 Ft
Bearings are TX State Plane, Central
Zone NAD83 datum, based on GPS
observations checked to City of CS
GPS control monuments no. 127 and no. 120 (S 43°22'14” W).
All existing easements may not be
shown.
Title Commitment GF No. 222304
dated June 2022 from University
Proposed Easement
1,520 sq.ft. (0.035 acre)
Title Co. was relied upon for
existing easement research. No existing easements listed with defined locations fall within the
Lot 4—AR
Block 1
Block 1, Lot 4—AR
Post Oak Mall
vol. 15084, pg. 34
vol. 15084, pg. 34
* from
S 29°59°E-78.3’
S 29°41’E-78.5’ to
B
Lot 1
Block 1 15’ Public Access Easement
"COTTON SURVEYING” and 5/8"IR/alum. cap \
"PAULSON SURVEYING, INC RPS 2099”
limits of this exhibit plat, other
than those shown and labeled. oy ce NTO eS See separate metes and bounds
description prepared with this plat. 133 Pg- P.O.B. to IR found 270, variable R.O.W. State Hwy. 6 (Earl Rudder Fwy.) vol. — —= N 30°41'20"W-149.36'
<4
(plat) | Survey Control Note:
% City of CS GPS mon. no. 127
| Lo bears S 44°23'25” E — 2829.4’
soe oe from Point of Beginning (P.0.B.)
to 5/8”IR/cap se SS
No
Cc 2S 3 | £
Proposed Easement
lock 1, Lot 4—AR, Post Oak Mall
Morgan Rector league A-—46
College Station, Texas
EXHIBIT A-1
EXHIBIT A-2
Proposed Easement
Lot 4-AR , Block 1
Post Oak Mall
College Station , Texas
November 2022
BASELINE .. ,..,..a ... ... ._._.~.
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 Lot 4-AR, Block 1 of Post
Oak Mall Subdivision as described by the re plat recorded in volume 15084, page 34 of the Official
Public Records of Brazos County, Texas , generally being a variable-width strip of land in the east
corner of Lot 4-AR, contiguous with the right-of-way lines of Holleman Drive and State Highway
No . 6, and being more particularly described as follows:
Beginning at 1 /2" iron rod with a yellow plastic cap stamped "KERR 4502" found at the east corner
of said Lot 4-AR, at the intersection of a southwest right-of-way line of State Highway No. 6 and
the northwest right-of-way boundary of Holleman Drive as dedicated by the said replat of Post
Oak Mall Subdivision , from where City of College Station GPS monument no . 127 bears S 60 °
11 ' 00" E-1015.2 feet ;
Thence S 14° 17' 45" W-8 .33 feet , along a northwest right-of-way line of Holleman Drive to its
intersection with the northwest line of that existing 30 ft . wide Utility Easement described in volume
390, page 735 of the Deed Records of Brazos County, Texas ;
Thence S 42 ° 13' 03" W -506.43 feet , through said Lot 4-AR, along the said northwest line of the
existing 30 ft . wide easement tract to its intersection with a southeast line of Lot 4-AR, being
another northwest right-of-way line of Holleman Drive as dedicated by the said replat of Post Oak
Mall Subdivision, from where a 1/2" iron rod with a yellow plastic cap stamped "KERR 4502" found
at a point of curvature in the said right-of-way boundary bears N 51 ° 54 ' 41" E -94 .2 feet ;
Thence S 51 ° 54 ' 41 " W -98.91 feet, along the said common Lot and right-of-way line , t o the
west corner point of this described easement tract, from where a 1 /2" iron rod with a yellow plastic
cap stamped "KERR 4502 " found at an angle point bears S 51 ° 54' 41 " W-78.2 feet;
Thence N 38 ° 18 ' 05" E -576 .34 feet , through said Lot 4-AR , to an angle point of this described
easement tract ;
Thence N 30 ° 42 ' 15" W -84.00 feet, through said Lot 4-AR parallel and 50 feet from its northeast
boundary and the said southwest right-of-way line of State Highway No. 6 , to a corner of this
described easement tract ;
Thence N 59 ° 17' 45" E -50 .00 feet , through said Lot 4-AR , to the most northerly corner of this
described easement tract in the said common Lot and highway right-of-way line;
Thence S 30 ° 42 ' 15" E -123.16 feet , along the said common Lot and highway right-of-way line ,
to the Point of Beginning and contain ing 0 .605 acre (26 ,334 sq . ft.) of land more or less.
Bearings are Texas State Plane , Centr al Zone , NAD-
83(CORS) datum , based on City of College Station GPS
control monuments no. 127 and no . 120 (S 43 ° 22 ' 14" W).
See separate survey plat dated November 2022 .
Proposed Easement - Lot 4-AR , Block 1, Post Oak Ma ll
170 1 Southwest Parkway, Suite 104, College Station, Texas 77840 I 979 .693.2777 I EXHIBIT A-2
BASELINE rar faa BS Gee Ee EVE Baseline | DCCM | TxSurv F-10030200 1701 SW Pkwy, Ste 104, College Station, TX 77840 979.693.2777 | BaselineSurveyors.net Nov. 0 20 50 10 i ls 1 1 "| Bearings are TX State Plane, Central Zone NAD83 datum, based on GPS observations checked to City of CS GPS control monuments no. 127 and no. 120 (S 43°22'14” W). All existing easements may not be shown. Title Commitment GF No. 222304 dated June 2022 from University Title Co. was relied upon for existing easement research. No existing easements listed with defined locations fall within the limits of this exhibit plat, other than those shown and labeled. See separate metes and bounds description prepared with this plat. ™~ Block 1, Post Oak Mall vol. x fjocss%evcccvvececseess HENRY P MAYO / / a ™ ™~ Lot 4—AR ™~ ~ N Lot 4—AR of the Subdivision ~ 15084, pg. 34 soneeteeedly vol. ™~ ™~ ™~ / / / / Replat of Lots 3 and 4 J ) Post Oak Mall Subdivision / vol. 529, pg. 17 Lot 3 Block 1 20' Utility Easements 517, pg. 689(plat) ™~ ™~ Block 1 15’ Public Access Easement | vol. 15084, pg. 34 (plat) 6 N 59°17°45°E / 50.00’ —123.16 E
84.00’
N 30°42715"W.
variable—width R.O.W.
State Highway No.
S 30°42°15 30’ Utility Easement vol. 390, pg. 735 (CoCS) Additional R.O.W. Dedication vol. 15084, pg. 34 (plat) Survey Control Note: City of CS GPS mon. no. 127 bears S 60°11'00” E — 1015.2’ from Point of Beginning (P.O.B.) 30’ Utility Easement . 390, pg. 735 (CoCS) Lot 2A—R Lot 1A—R, Block One Lot 2A—R, Block One Lot 3—R, Block One Sutton Place 11610, pg. 1 Block One vol. 20 Proposed Easement Lot 4A—R, Post Oak Mall Lot 3-R Sutton Place vol. 401, pg. 402 Morgan Rector league A—46 Block One College Station, Texas 979.693.2777 | BaselineSurveyors.netBaseline | DCCM | TxSurv F-100302001701 SW Pkwy, Ste 104, College Station, TX 77840EXHIBIT A-2
EXHIBIT A-3
Proposed Easement
Lot 5-A, Block 1
Post Oak Mall
College Station, Texas
November 2022
BASELINE ,..,,..,,..a,. ........ ..,.
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 Lot 5-A, Block 1 of Post
Oak Mall Subdivision as described by the replat recorded in volume 752, page 573 of the Official
Records of Brazos County, Texas, generally being an L-shaped, variable-width strip of land in the
southwest corner of Lot 5-A, contiguous with boundary lines of that 6.50 acre tract described in
the deed to the City of College Station recorded in volume 389, page 28 of the Deed Records of
Brazos County, Texas, and being more particularly described as follows:
Beginning at 1 /2" iron rod found at a west corner of said Lot 5-A, also being the inside corner of
the said 6.50 acre tract, from where City of College Station GPS monument no. 127 bears N 82°
34' 40" E -2924. 7 feet;
Thence N 42° 45 ' 30" E -350 .15 feet, along a common line of said Lot 5-A and the 6.50 acre
tract, to a 1/2" iron rod found at an east corner of the 6.50 acre tract ;
Thence S 47° 14 ' 30 " E -37.50 feet , through said Lot 5-A, to an east corner of this described
easement tract;
Thence S 42° 45' 30" W -323.13 feet, through said Lot 5-A, parallel and 37.50 feet southeast of
a previously-described line , to an inside corner of this described easement tract;
Thence S 48° 27' 17" E-333 .00 feet and S 47° 35 ' 09" E -503.14 feet, through said Lot 5-A, to
the southeast corner of this described easement tract in the southeast boundary of Lot 5-A and
northwest right-of-way boundary of Holleman Drive;
Thence S 42° 18 ' 47" W-27.50 feet, along said common Lot and right-of-way line, to the most
southerly corner of Lot 5-A and this described easement tract, from where a 1/2" iron rod found
at the east corner of the U.S.D.A. Subdivision , as described by plat recorded in volume 8255,
page 284 of the Official Public Records of Brazos County, Texas, bears S 46° 12 ' W -100.1 feet;
Thence N 47° 52' 14" W-873 .82 feet , along a southwest line of said Lot 5-A and a northeast line
of said 6 .50 acre tract, to the Point of Beginning and containing 0.850 acre (37,015 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 . 127 and no. 120 (S 43° 22' 14" W).
See separate survey plat dated November 2022 .
Proposed Easement -Lot 4-AR, Block 1, Post Oak Mall Page 1 of 1
1701 Southwest Parkway, Suite 104, College Station, Texas 77840 I 979.693.2777 I TxSurv F-10030200 I Base lineSurveyors.net EXHIBIT A-3
—_—$ —_ — 4 — —_ —_—
~~ —10’ Electrical Easements _ — vol. 517, pg. 689 (plat) 2 — L— t-
15’ Electrical Easements City of College Station vol. 517, pg. 689 (plat)
6.50 acres
vol. 389, pg. 28 oe a
230» a a
or ~€& _ —_— — _ —
= v ——-
P.0.B 10’ Electrical Easement vol. 752, pg. 573 (plat) ‘ v
Nov. 2022
20’ Electrical Easement \\. \ \ w/ 5’ added by plat 0 20 50 100 200 Ft
vol. 752, pg. 573 Lot 5-B = l Block 1
‘ \ Bearings are TX State Plane, Central \ Zone NAD83 datum, based on GPS
\\ observations checked to City of CS \. GPS control monuments no. 127
\ \and no. 120 (S 43°22'14” W).
Survey Control Note:
City of CS GPS mon. no. 127
bears N 82°34’40” E — 2924.7’
from Point of Beginning (P.0.B.) ‘All existing easements may not be
shown.
Title Commitment GF No. 222304
dated June 2022 from University
Title Co. was relied upon for
existing easement research.
No existing easements listed with
defined locations fall within the
limits of this exhibit plat, other
than those shown and labeled.
See separate metes and bounds
Proposed Easement description prepared with this plat.
0.850 acre (37,015 sq.ft.) \ \ \
\ \ = 7) _> Lot 5-B \ < ~\ Block 1 Replat of Lot 4 & 5 \ oo NN \
Block 1, Post Oak Mall \ an ae
vol. 7/52, pg. 5/3 \ \\\ Wt 4
Lot S—A fissstevecelendebseaseesooadeceell
Block | HENRY P MAYO
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EXHIBIT A-3