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01-13-94-4.4 - Resolution - 01/13/1994RESOLUTION NO. 1-13-94-4.4 A RESOLUTION AUTHORIZING THE MAYOR, CITY MANAGER AND CITY ATTORNEY TO ACQUIRE A 0.298 ACRE TRACT IN THE CRAW- FORD BURNETT LEAGUE FOR USE AS A PARK AND THE EXTEN- SION OF ELEANOR STREET. WHEREAS, the City of College Station having determined the necessity of acquiring a 0.298 acre tract for use as a park and the extension of Eleanor Street for the Lincoln Center/Wayne Smith Park Corridor Master Plan; and WHEREAS, the City Council having determined that it is necessary to acquire the property 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 con- demnation proceedings and any other necessary litigation incident to the purpose herein set forth. PASSED and APPROVED this 13th day of January, 1994. APPROVED ~~etary METES AND BOUNDS DESCRIPTION OF A 0.298 ACRE TRACT CRAWFORD BURNETT LEAGUE, ABSTRACT NO. ? COLLEGE STATION, BRAZOS COUNTY, TEXAS (TRACT D) Metes and bounds description of all that certain 0.298 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 all that same tract as currently occupied, conveyed from Seawillow Foster to John Foster, et al, as described by will recorded in VOLUME 112, PAGE 12 of the Probate Records of Brazos County, Texas, and being all of Lot 12 and a portion of Lot 13 of the Hrdlicka Subdivision, as depicted by an unffled plat in the files of the City of College Station, Texas, located occupation lines not matching either said plat or the distances given in the original deeds, said 0.298 acre tract being more particularly described as follows: BEGINNING at a set "x" mark chiselled in concrete for the south corner of said Lot 12, and being the intersection of the northwest right-of-way line of Thompson Street and the northeast right-of-way line of EIeanor Street. THENCE N 47' 54' 34" W - 108.92 feet with said northeast right-of-way line to a 1/2" iron rod set for corner. A 1" diameter capped iron pipe found bears N 43' 52' 39" E - 1.97 feet. THENCE N 43' 52' 39" E - 122.83 feet to a 1/2" iron rod set for corner at the prolongation of an existing fence, and being the north corner of that same called 0.11 acre (50' x 100') tract conveyed from Edward V. Hrdlicka, et ux, to Clefus Lyons, et ux, as described by deed recorded in VOLUME 120, PAGE 240 of the Deed Records of Brazos County, Texas. THENCE S 46' 20' 06" E - 105.13 feet with the line of said fence to a 1/2" iron rod set for corner in the northwest right-of-way line of Thompson Street, as platted. THENCE S 42* 05' 26" W - 119.88 feet with said right-of-way line to the PLACE OF BEGINNING, and containing 0.298 acres of land. June 1992 Municipal Development Group College Station, Texas Surveyed A. W. Kessler Registered Professional Land Surveyor No. 1852 000508-f.27-02 (1965) EXHIBIT "A"