01-25-95-C-3 - Resolution - 01/25/1995q so£ution
01-25-95-C-3
NO.
A RESOLUTION AUTHORIZING THE MAYOR, CITY MANAGER AND
CITY ATTORNEY TO ACQUIRE A 0.035 ACRE TRACT AND A 0.176
ACRE TRACT OUT OF A PORTION OF A 31.80 ACRE TRACT
SITUATED IN THE MORGAN RECTOR LEAGUE, ABSTRACT NO. 46,
FOR USE AS A FIFTEEN FOOT WIDE PUBLIC UTILITY EASEMENT.
WHEREAS, the City of College Station having determined the necessity
of acquiring a 0.035 acre tract and a 0.176 acre tract out of a portion of a
31.80 acre tract situated in the Morgan Rector League, Abstract No. 46,
conveyed from Lydia Boriskie to L.J. Kirkpatrick, et ux, as described by
deed recorded in Volume 290, Page 62, of the Deed Records of Brazos
County, Texas, for use as a fifteen foot (15') wide public utility easement;
and
WHEREAS, the City Council having determined that it is necessary to
acquire the public ownership described in Exhibits "A" and "B" 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 Exhibits "A" and "B"
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 ?--~- day of January, 1995.
ATrEST:
Cor, r~ie Hooks, City Secretary
APPROVED:
R~SOLUTION ~01-25-95-C-3 PAGE 2
METES AND BOUNDS DESCRIPTION
OF A
0.035 ACRE TRACT
(A ~S' WmE WATER LU~ EASEM~NT)
MORGAN ~R LEAGUE, ABSTRACT NO. 46
COLI.~'.GE STATION, BRAZOS COUNTY, TEXAS
Metes and bounds description of all that cemdn 0.035 acre tract or parcel of. land, being a 15 foot
wide water line easement, lying and being situated in the Morgan RecUr League, Abstract No.
46, College Station, Brazos County, Texas, and being a portion out of that same 31.80 acre tract
~onveyed from Lydia Boriskie to L.J. I{Jrkpatrick, et ux, as described by deed recorded in
VOLUME 290, PAGE 62 of the Deed Records 6f Brazos County, Texas, said 0.035 acre tract
being more particularly described as follows:
]1]~[~1]tl][~ at a 1/2' iron rod set for comer in the southeast line of the K_F.O. Addition,
Phase III. as shown by plat recorded in VOLUM~ 481, PAGE 65 of the Deeci Records of Brazos
County, Texas. Said iron rod marlclng also the northwest comer of that same called 13.65 acre
tract conveyed from L.I. Kirkpa~ck, et ux, to David Lewis, et ux, as described by deed
recorded in VOLUM~ 866, PAGE 240 of the Official Records of Brazos County, Texas.
THENCE S 46° 46' 56" E'- 15.01 feet with the southwest line of said called 13.65 acre tract to a
point for comer.
THENCE S 41° 4Y 56"? 100.64 feet across said 31.80 acre tract to a point for comer in the
proposed Comell Street right-of-way~
~ N 48°. 09' 57" W - 15.00 feet alo. ng said northeast right-of-way line to a point for .
comer/n said K.F.O. Addition southeas~ line.
THEN~ N 41° 4Y 56" E - 101.00 feet with said southeast line to the PLACE OF
~ and conml,lng 0.035 acres of land.
June 1994
Prepared by' ~
,~.y{r. K~ssler
RPLS No. 1852
000074-f.03-06(2399)
...~RESOLUTION #01-25-95-C-O
PAGE 3
METES AND BOUNDS DESCRIPTION
OF A
0.176 ACRE TRACT
(A 15' WIDE WATER LINE EASEMENT)
MORGAN RECTOR I,EAGLIE, ABSTRACT NO. 46
COLI,EGE STATION, BRAZOS COUNTY, TEXAS
Metes and bounds description of all that cemdn 0.176 acre tract or parcel of land, being a 15 foot
wide water line easement, lying and being situated in the Morgan Rector L~e, Abstract No.
46, College Station, Brazos County, Texas, and being a portion out of that same 31.80 acre trac~
conveyed from Lydia Boriskie to L.L Kirkpatrick, et ux, as described by deed recorded in
VOLUME 290, PAGE 62 of the Deed Records of Brazos County, Texas, said 0.176 acre tract
lying wholly within the proposed right-of-way of Comeil Street and being more particularly
described as follows:
COMMENCING at a 1/2" iron rod set for corner in the southeast line of the ICF.O. Addition,
Phase II1~ as shown by plat recorded in VOLUME 481, PAGE 65 of the Deed Records of Brazos
County, Texas. Said iron rod marking also the northwest comer of that same called 13.65 acre
tract conveyed from L.L Kirkpatdck,.et ux, to David Lewis, etux, as desc, ribed by deed
recorded in VOLUIVIE 866 PAGE 240 of the Offici,1 Records of Brazxm County, Texas.
THEN~ S 41° 4Y 56" W - 101.00 feet with said southeast line to a point for comer in the
proposed northeast right-of-way line of the extension of Comell Street. Said point being the
PLACE OF BEGIMNIMG and being also the beginning ora non-tangent curve to the fight.
TItENCE S 48° 09' 57" E - 39.98 along the proposed northeast right-of-my line of Comell
Street to the beginning of a curve to the fight.
TllENCE in ~t southeasterly dkection 148.02 feet along the arc of said curve (Crave data:
Central angle = 09° 09' 18~, radius = 926.40 feet, tangent = 74.17 feet, the chord bears S 43° 35'
18~ E - 147.87 feet) to a point for end of said curve.
TIIENCE S 39°00'39H E - 26.10 feet with said proposed right-of-way line to a point for angle
point.
TItENCE S 38° 23' 55" E - 34.73 feet with said proposed fight-of-way line to a point for angle
point.
TllENCE S 38° 2Y 41~ E - 34.08 feet with said proposed right-of-way line to a point for the
beginning of a curve to the left.
TltENCE in a southeasterly direction with said proposed right-of-way line 214.36 feet along
the arc of said curve (Curve Data: central angle = 09° 47' 32", radius = 1254.24 feet, tangent =
107.44 feet, the chord bears S 43° 17' 43H E - 214.10 feet ) to a point for end of said curve.
00074-F.04-06 (2399)
o R~.SQLUTIC~ ~01-25-95-C-3
· TROY SUBDIVL,~ON
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MI~IOOO SECTION TWO
VOLUNE 354, PAGE 73!
TWOOD SECTION THREE
ME 370, PAGE 855
BI~:K ON E
/
EXHISn' I)IAWING OFA ·
0.707 ACRE TRACT.and a 0.041 ACRE TRACT
(Comeil Street: Extension)
0.035 ACRE 'ffi~, a 0.175 ACRE Ii. CT, ~nd !
O.OlO ~
HORC~ mS~TOR. LEAGUE, A- 4S
PAGE 4