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12-12-96-6-f - Resolution - 12/12/1996q so[ution RESOLUTION NO. 12-12-96-6-f A RESOLUTION AUTHORIZING THE MAYOR, CITY MANAGER AND CITY ATTORNEY TO ACQUIRE A 0.0115 ACRE TRACT IN THE RICHARD CARTER LEAGUE FOR USE AS A PUBLIC UTILITY EASEMENT. WHEREAS, the City of College Station having determined the necessity of acquiring a 0.0115 acre tract for use as a public utility easement; and WHEREAS, the City Council having determined that it is necessary to acquire the public utility easement described in Exhibit "A" attached to this Resolution, 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 Exhibit "A" 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 12 t h day of December, 1996. S, City Secretary APPROVED LYNN~MclLHANEY, Mayor/' 0.2296 Row or Fon'nerly Public Utility Easement 0.0803 A~ /Vow or Formerly /he P~ett ~roup Vol. 2064, P~ ,~6 O. 4~16 A~ How or Formerly ,ZF. ~ ~F. Sousores Vol. I14, Pg. 241 Scale: 1' ,- 50' vol. a~, /~ .~o I- S 417,0'19' W 50.00 ~ / x-Prop. 10' Public .~1 ~1~ I ~ ~ /__ __ _~__ Utility Eosement c~,~_..L I ~~ t _ ' / ~ / " ~_ - _ ~ ~- W~ Stoke Point. of Beglnnlng ~ ~' (See In.et B) o- Noll (S.e Inset A) ...... T~oa A~ (eu~ Hwy 6) ¥2' I.R Foun~l~3~' E /nae~ A R~ NO~S /n~ B 0.0115 ACRE PUBMC U~U~ EASEMENT Being oil ~ot c~o~ ~oc[ ~ parcel of I~d I~g end being situated ~ ~e RI~D C~ ~ ~ect No. 8, C~lege Static, ~ez~ ~nty, Texo~ ~d berg e po~l~ of the 0.0~ e~e (5~0 ~uere feet) ~ct d~ed ~ d~ ~ ~ M. Tutum, ~. to ~e ~ett Grip doted M~ ~ 199~ ~d receded ~ V~ume 2064, Page ~, Officlul Rec~da of Bruzos C~nty, Texes; ~d berg m~e p~l~y d~ed by met~ ~d bound~ BE~NNIN~ et o wo~ steke ~t ~ ~e ~latlng n~eust I~e of Texas A~nue (Business Hwy. No. 6) f~ ~e comm~ most ~y ~ of ~e auld 0.0~5 o~e ~oct end ~e 0.2296 o~e (10,~0 aquae feet) ~uct d~ by de~ te Lu~e ~ols~ deted ~ly 50, 1985 end receded ~ V~ume 813, Page ~, ~clM Rec~d~ of Brozos ~unty, T~e~ ~ whence o 1/2-h~ k~ r~ f~nd f~ ref~ be~ N ~1' ~' E ut u dlstonce of Z07 feet; ~: N 41' ~' 0~' E for e dlstonce of 10.~ feet ulong sold common line of 0.0~5 o~e ~d 0.~96 o~e ~oc~ to o w~d stye ~et for com~ ~ S 49' ~' ~' E f~ u dlst~ce of 50.~ f~t ~rough ~e Int~l~ of sold 0.0803 o~e ~oct to u w~d at~e set ~ ~e n~we~t I~e of ~e 0.4516 o~e (18,800 square feet) tract dea~lbed by deed to &F. ~s~ deted Sept~b~ 15, 1945 end receded In Volume 241 of ~e Deed Rec~ds of Br~os ~nty, Texe~ f~ ~e most eest~y c~ of ~e 114, Page des~ed ~ec~ herein ~EN~ S 41' 50' 19' W ~g ~e n~west I~e of sold 0.~16 acre ~oct for o dlstunce of 10.~ feet to o ne~ and ~ set f~ ~ sold no~ being ~ ~e n~eost I~e of Texes A~u~ ~om ~ence e 1/2-~ kan rod found ~or ref~ence dlstence at 0.97 fee~ ~ N 49' ~' 5~' W f~ u dlst~ce of 50.01 feet to ~e POINT OF BEGINNING ~d conto~g 0.0115 e~ (~ ~qu~e feet) of lend, more ~ leas. I, Ml~oel ~ M~ure, Regls[~ed Profe~lon~ ~e~ No. 2~9 in ~e State of T~xos do ce~fy to ~e b~t of my ~o~edge ~f~utl~ ~d b~lef ~d ~ my prof~slonol op~l~ that ~ls pl~t ia ~e ~ect ~d ogre~ wl~ u ~y mede ~ ~e gr~nd und~ my supe~slon. Registered Professional Land Surveyor No. 2859 STATE: OF 3D(AS McCZU~?E ENGYNEE~IN~ /A/C IY2R Broodmoor ~ulte 210 Bt~YA/~, ~ 77~02 (~o9) ~-~oo PARCt3.2~ N ~t1'30' E%/~~1/2' I.R. Found EXHIBIT A