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08-29-96-5-g - Resolution - 08/29/1996q so[ution RESOLUTION NO. 8 - 2 9- 9 6 - 5 - g A RESOLUTION AUTHORIZING THE MAYOR, CITY MANAGER AND CITY ATTORNEY TO ACQUIRE A 0.674 ACRE TRACT, A 0.945 ACRE TRACT, A 0.317 ACRE TRACT, AND A 0.315 ACRE TRACT IN THE CRAWFORD BURNETT LEAGUE FOR USE AS A PARK. WHEREAS, the City of College Station having determined the necessity of acquir- ing a 0.674 acre tract, a 0.945 acre tract, a 0.317 acre tract, and a 0.315 acre tract for use as a park for the Lincoln Center/Wayne Smith Park Corridor Master Plan; and WHEREAS, the City Council having determined that it is necessary to acquire the public park described in Exhibits "A", "B", "C" and "D" attached 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 property described in Exhibits "A", "B", "C" and "D" attached hereto shall be acquired by the City; and 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 fee simple title thereto, free and clear of any restrictions or covenants inconsistent with the use of same for all lawful purposes. Further, that the City Attorney is by this resolution expressly authorized to initiate and pursue condemnation proceedings and any other necessary litigation incident to the purpose herein set forth. PASSED and APPROVED this 29th day of August, 1996. APPROVED ATTEST: CONNIE HOOKS, 6~-~ecretary LY19N McILHANEY, Mayc~ METES AND BOUNDS DESCRIPTION OF A 0.674 ACRE TRACT CRAWFORD BURNETT LEAGUF~ ABSTRACT NO. 7 COLLEGE STATION, BR.AZOS COUNTY, TEXAS (TRACT X) Metes and bounds description of all that certain 0.674 acre tract or parcel of land, lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, and being comprised of the remainder of that same called 0.27 acre tract conveyed from Edward V. Hrdlicka, et ux, to Ora Henry Walker, et ux, as described by deed recorded in VOLUME 97, PAGE 165 of the Deed Records of Brazos County, Texas, and a 0.40 acre tract described as being conveyed to O. H. Walker by unwritten conveyance as referred to in VOLUME 454, PAGE 157 of the Deed Records of Brazos County, Texas, said 0.315 acre tract being more particularly described as follows: BEGINNING at a 3/4" iron pipe found for the PLACE OF BEGINNING, being the east corner of said called 0.27 acre tract and being a corner in the southwest line of that same caned 4.634 acre tract conveyed from Birdie H. Briscoe, et al, to Corpus Christi National Bank, Trustee, as described by deed recorded in VOLUME 454, PAGE 157 of the Deed Records of Brazos County, Texas. THENCE N 16' 15' 10" W - 4.85 feet with the common fence line between sai~l called 0.27 acre tract and said 4.634 acre tract to a 3/4" iron pipe found for angle point. THENCE N 31' 10' 17" W - 57.13 feet with said common line to a railroad cross-tie fence post found for corner, and lying in the southeast line of said 0.40 acre tract. THENCE N 57' 16' 01" E - 66.37 feet with the common fence line between said 0.40 acre tract and said 4.634 acre tract to a 3/4" iron pipe found for corner. THENCE N 29' 48' 03" W - 54.05 feet with said common line to a 3/4" iron pipe found for corner. THENCE S 69' 53' 43" W - 243.31 feet with said common line to a 1/2" iron rod set for corner in the northeast right-of-way line of Wellborn Road. THENCE S 29' 48' 05" E - 160.39 feet with said right-of-way line to a 1/2" iron rod set for corner, and being the west corner of the remainder of said called 0.34 acre tract conveyed from Edward V. Hrdlicka, et ux, to Beatrice Campbell, as described by deed recorded in VOLUME 96, PAGE 431 of the Deed Records of Brazos County, Texas. THENCE N 60' 09' 14" E - 173.78 fee with the common line between said called 0.27 acre tract and said called 0.34 acre tract to the PLACE OF BEGINNING, and containing 0.674 acres of land. ~ Municipal Development Group _ College tation, Texas EXHIBIT A METES AND BOUNDS DESCRIPTION OF A 0.945 ACRE TRACT CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7 COLLEGE STATION, BRAZOS COUNTY, TEXAS (TRACT M) Metes and bounds description of all that certain 0.945 acre tract or parcel of land, lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, and being the remainder of that same called 1.00 acre tract conveyed from Edward V. Hrdlicka, et ux, to Rum Finley, et ax, as described by deed recorded in VOLUME 107, PAGE 213 of the Deed Records of Brazos County, Texas, and being that same called 1.0 acre tract described in a release of lien from Lamar Savings Association to Mary Finley Washington, et vir, as recorded in VOLUME 932, PAGE 279 of the Official Records of Brazos County, Texas, said 0.945 acre tract being more particularly described as follows: BEGINNING at a 1/2" iron rod set marking the east corner of said 0.945 acre tract, the south corner of the remainder of that same called 0.34 acre tract conveyed from Edward V. Hrdlicka, et al, to Mary Smith, dt al, as described by deed recorded in VOLUME 116, PAGE 56 of the Deed Records of Brazos County, Texas, and lying in the northwest right-of-way linc of Holleman Drive. THENCE S 42* 04' 30" W - 212.26 feet with said right-of-way line to a 1/2" iron rod set for corner and lying in thc northeast line of that same called 0.24 acre (50' x 205') tract conveyed from Edward V. Hrdlicka, et ux, to Robinson Crusoe, as described by deed recorded in VOLUME 101, PAGE 504 of the Deed Records of Brazos County, Texas. THENCE N 48* 02' 56" W - 193.70 feet with the common line between said called 0.24 acre tract to a 1/2" iron rod found for corner in the southeast line of that same called 4.634 acre tract conveyed from Birdie H. Briscoe, et al, to Corpus Christi National. Bank, Trustee, as described by deed recorded in VOLUME 454, PAGE ].57 of the Deed Records of Brazos County, Texas. THENCE N 41 ° 57' 04" E - 207.97 feet with the common line of said called 1.00 acre tract and said 4.634 acre tract to a 1/2" iron rod embedded in a concrete monument found for angle point, being thc east corner of said 4.634 acre tract, and being also a corner in the southwest line of that same 2.60 acre tract conveyed from Birdie Hrdlicka Briscoe, et al, to A & M Consolidated Independent School District, as described by deed recorded in VOLUME 179, PAGE 06 of the Deed Records of Brazos County, Texas. THENCE .N 49' 34' 06" E - 2.66 feet wilh ~hc common line of said 2.60 acre tract to a 1" iron pipe found ~ot' corner. TIIENCE S 50' 26' 28" E - 48.25 feet with said common line to a 1/2" iron rod set t'or angle point, and being also thc west corner of said calh;d 0.34 acre tract. EXHIBIT B - Page 1 THENCE S 47' 54' 33" E - 145.60 feet with the common line between said called 1.00 acre tract and .said called 0.34 acre tract to the PLACE OF BEGINNING, and containing 0.945 acres of land. June 1992 Municipal Development Group College Station, Texas Surveyed by: A. W. Kessler Registered Profess~nal Land Surveyor No. 1852 '000508-f.25-02 (1965) EXHIBIT B - Page 2 METES AND BOUNDS DESCRIPTION OF A 0.317 ACRE TRACT CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7 COLLEGE STATION, BRAZOS COUNTY, TEX~S (TRACT W) Metes and bounds description of all that certain 0.317 acre tract or parcel of land, lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, and being the remainder of that same called 0.34 acre tract conveyed from Edward V. Hrdlicka, et ux, to Beatrice Campbell as described by deed recorded in VOLUME 96, PAGE 431 of the Deed Records of Brazos County, Texas, said 0.317 acre tract being more particularly described as follows: BEGINNING at a railroad cross-tie fence post found for the PLACE OF BEGINNING, being the west corner of that same called 0.33 acre tract referred to as "First Tract" and conveyed from Bertha Steen to Billie J. Smedley as described by deed recorded in VOLUME 202, PAGE 61 of the Official Records of Brazos County, Texas, and lying in the southeast line of that same called 4.634 acre tract conveyed from Birdie H. Briscoe, et al, to Corpus Christi National Bank, Trustee, as described by deed recorded in VOLUME 454, PAGE 157 of the Deed Records of Brazos County, Texas. THENCE S 29' 34' 36" E - 74.21 feet with the comuion line between said called 0.33 acre tract and said called 0.34 acre tract to a 1/2" iron rod set for corner in the northwest line of that same called 0.61 acre tract conveyed from Edward V. Hrdlicka, et ux, to Lonnie Thompson, et ux, as described by deed recorded in VOLUME 96, PAGE 221 of the Deed Records of Brazos County, Texas. THENCE S 60' 10' 38" W - 183.71 feet with the common line between said called 0.34 acre tract and said called 0.61 acre tract to a 1/2" iron rod set for corner in the northeast right-of-way line of Wellborn Road. THENCE N 29' 48' 05" W - 75.00 feet with said right-of-way line to a 1/2" iron rod set for corner, and being the south corner of the remainder of that same called 0.27 acre tract conveyed from Edward V. Hrdlicka, et ux, to Ora Henry Walker, et ux, as described by deed recorded in VOLUME 97, PAGE 165 of the Deed Records of Brazos County, Texas. THENCE N 60' 09' 14" E - 173.78 feet with the common line between said called 0.34 acre tract of said called 0.27 acre tract to a 3/4" iron pipe found for angle point at a fence corner, and being a common corner with said 4.634 acre tract. THENCE N 64' 59' 34" E - 10.26 feet with the common line between said called 0.34 acre tract and said 4.634 acre tract to the PLACE OF BEGINNING, and containing 0.317 acres of land. June 1992 Municipal Development Group College Station, Texas~ Surveyed by: EXHIBIT C A. W. Kessler Registered professional Land Surveyor No. 1852 000508-f.15-02 (1965) METES AND BOUNDS DESCRIPTION OF A 0.315 ACRE TRACT CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7 COLLEGE STATION, BRAZOS COUNTY, TEXAS (TRACT ~) Metes and bounds description of all that certain 0.315 acre tract or parcel of land, lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, and being the remainder of that same called 0.31 acre tract conveyed from Edward B. Hrdlicka, et ux, to Lonnie Thompson, et ux, as described by deed recorded in VOLUME 166, PAGE 489 of the Deed Records of Brazos County, Texas, said 0.315 acre tract being more particularly described as follows: BEGINNING at a 1/2" iron pipe found for the PLACE OF BEGINNING, being the west corner of said called 0.31 acre tract and being a corner in the southwest line of that same called 4.634 acre tract conveyed from Birdie H. Briscoe, et al, to Corpus Christi National Bank, Trustee, as described by deed recorded in VOLUME 454, PAGE 157 of the Deed Records of Brazos County, Texas, and lying in the northeast right-of-way line of Wellborn l~oad. THENCE N 60' 19' 36" E - 199.71 feet with the common line between said called 0.31 acre tract and said 4.634 acre tract to a 1/2" iron pipe found for corner. THENCE S 29° 45' 1~" E - 85.52 feet with said common line to a 3/4" iron pipe found for corner. THENCE S 69° 53' 43" W - 202.53 feet with said common line to a 1/2" iron rod set for corner, and lying in said northeast right-of-way line. THENCE N 29" 48' 05" W - 51.86 feet with said right-of-wa3 line to the PLACE OF BEGINNING, and containing 0.335 acres of land. June 1992 Municipal Development Group College Station, Texas Surveyed by: A. W. Kessler Registered Professional Land Surveyor No. 1852 000508-f.14-02 (1965) EXHIBIT D