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02-8-90-7 - Resolution - 02/08/1990RESOLUTION NO. 2-a-qn-~ WHEREAS, the City of College Station having determined the necessity of widening and extending Millers Lane from its intersection with Texas State Highway 6 (Texas Avenue) to the East ByPass; and WHEREAS, the City Council having determined that it is necessary to obtain the right-of-way and public utility easements on property described in Exhibits A through H 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 purposes; NOW, THEREFORE, BE IT RESOLVED by the city Council of the city of College Station that the right-of-way area and public utility easements described in Exhibits A through H 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 right-of-way and public utility easements, including the marketable title thereto, free and clear of any restrictions or covenants inconsistent with the use of same for all lawful right-of-way and public utility 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 8th day of February, 1990. APPROVED: city Secretary ~r F.M. 2818 and Dartmouth Avenue Proposed Right-of-Way Group 5 Joint Venture Tract Morgan Rector League College Station, Texas 21 March 1989 All that certain tract or parcel of land lying and being situated in the Morgan Rector League in College Station, Brazos County, Texas, being a part of that tract conveyed to Group 5 Joint Venture by Assumption Deed recorded in Volume 794, Page 701 of the Official Records of Brazos County, Texas, and being more particularly described as follows: Beginning in the northeast line of Lakeview Acres addition to the City of College Station, Texas, according to plat of record in Volume 128, Page 300 of the Deed Records of Brazos County, Texas, at a fence corner marking the south corner of the said Group 5 Joint Venture tract. Thence N 48° 44' 20" W - 23.03 feet along the said northeast line of Lakeview Acres to an iron rod set for corner; Thence along the arc of a curve to the right (R~1045') through a central angle of 16° 02' 22", the chord of which bears N 60~ 25' 02" E - 291.58 feet, to an iron rod set at the beginning of a curve to the left (R=25'); Thence along the arc of said curve through a central angle of 86° 31' 02" to an iron rod set at the end of said curve; Thence N 18° 04' 49" W - 123.83 feet to an iron rod set at the beginning of a curve to the left (R=1092.10'); Thence along the arc of said curve through a central angle of 10" 05' 45" to an iron rod set at the end of said curve; Thence N 28° 10' 34" W - 262.33 feet to an iron rod set for in the northwest line of the said Group 5 Joint Venture tract; Thence N 61" 49' 26" S - 80.00 feet along the northwest line of the said Group 5 Joint Venture tract to an iron rod set for corner; Thence S 28° 10' 34" E - 262.33 feet to an iron rod set at the beginning of a curve to the right (R=1172.10'}; Thence along the arc of said curve through a central angle of 10° 05' 45" to an iron rod set at the end of said curve; Thence S 18~ 04' 49" E - 123.83 feet to an iron rod set at the beginning of a curve to the left Thence along the arc of said curve through a central angle of 62" 19' 23" to an iron rod set in the southeast line of the said Group 5 Joint Venture tract, which is also the northwest line of a 30' wide public road described in Volume 157, Page 417 of the Deed Records of Brazos County, Texas; Thence S 60° 14' 37" W - 399.11 feet along the northwest line of said road, which is also the southeast line of the said Group 5 Joint Venture tract, to the Point of Beginning and containing 1.34 acres of land more or less. EXHIBIT "A" 007715 JOE ORR, INC. Surveyor~ & £ngmeer~ Off,ce Phone 690-3378 · Rt. 3, Box 413 COLLEGE STATION, TEXAS 77840 F.M. 2818 Extension Proposed 15' Easement Group 5 Joint Venture Tract Morgan Rector League College Station, Texas 3 March 1989 All that certain tract or parcel of land lying and being situated in the Morgan Rector League in College Station, Brazos County, Texas, being a part of that tract conveyed to Group 5 Joint Venture by Assumption Deed recorded in Volume 794, Page 701 of the Official Records of Brazos County, Texas, and being more particularly described as follows: Beginning in the northeast line of Lakeview Acres addition to the City of College Station, Texas, according to plat of record in Volume 128, Page 300 of the Deed Records of Brazos County, Texas, at an iron rod set N 48° 44' 20" W - 23.03 feet from a fence corner marking the south corner of the said Group 5 Joint Venture tract. Thence along the arc of a curve to the right (R-1045'} through a central angle of 21° 57' 50#, the chord of which bears N 63° 22' 46" E - 398.14 feet, to an iron rod set in the northwest line of a 30' wide public road described in Volume ~57, Page 417 of the Deed Records of Brazos County, Texas; Thence N 60° 14' 37# E -'55.83 feet along the northwest 'line of said road, which is also the southeast line of the said Group 5 Joint Venture tract, to an iron rod set for the most northerly corner of this tract; Thence along the arc of a curve to the left (R=1060') through a central angle of 25° 03' 03", the chord of which bears S 64° 45' 49" W - 459.77 feet to an iron rod set in the northeast line of Lakeview Acres; Thence S 48° 44' 20" E - 15.28 feet along the northeast line of Lakeview Acres to the Point of Beginning and containing 0.15 acres of land more or less. EXHIBIT "B" 007716 JOE ORR, INC. SurveyOt~ & [nl~meer~ Off,ce Phone 690.3378 * Rt .1.8o~ 413 COLLEGE STATION. TEXAS 77840 20' Easement Antone Slafka Tract - Lot 4 Lakeview Acres College Station, Texas 16 February 1989 All that certain tract or parcel of land lying and being situated in the Morgan Rector League in College Station, Brazos Count~, Texas, being a part of Lot 4 of Lakeview Acres addition to the City of College Station, Texas, according to plat of record in Volume 128, Page 300 of the Deed Records of Brazos County, Texas, being a part of that tract conveyed to Antone Slafka, et ux by deed recorded in Volume 268, Page 37 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: Beginning at an iron rod in the southwest line of the said Slafka tract at the intersection same and the present'northwest'line of Miller's Lane, which is located N 48· 44' 20" W - 15.09 feet from an iron pipe found at the most southerly corner of the said Slafka tract; Thence N 48° 44' 20" W - 20.01 feet along the southwest line of the said Slafka tract; Thence N 43e 04' 05" E - 7.50 feet parallel to and 20' from the present northwest line of Miller's Lane to the beginning of a curve to the right (R~1060'); Thence along the arc said curve through a central angle of 4° 21' 40", the chord oE which bears N 45° 14' 55" E - 80.66 to the northeast line of the said Slafka tract; Thence S 48e 44' 47" E - 16.94 feet along the northeast line of the said Slafka tract to the present northwest line of Miller's Lane; Thence S 43e 04' 0~" W - 88.02 feet along the present northwest line of Miller's Lane to the Point of Beginning and conta~ning 1,678 square feet of land more or less. EXHIBIT "C" 007717 JOE ORR, INC. Ofilce Phone 690-3378 · Ri 3. B,,, 413 COLLE(:E STATION. TEX.%.~ 7~$40 20' Easement David Keese Tract. - :hot 3 Lakeview Acres College Station, Texas 16 February 1989 All that certain tract or parcel of land lying and being situated in the Morgan Rector League in College Station, Brazos County, Texas, being a part of Lot 3 of Lakeview Acres addition to the City of College Station, Texas, according to plat of record in Volume 128, Page 300 of the Deed Records of Brazos County, Texas, and being a part of the 1.00 acre tract out of Lot 3 of Lakeview Acres according to plat of record in Volume 384, Page 489 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: Beginning at a cross-tie at the intersection of the present northwest line of Miller's Lane and the line between hot 2 and Lot 3 of Lakeview Acres addition, which is also the most westerly corner of that 2,765 square foot tract conveyed to the City of College Station by deed recorded in Volume 817, Page 700 of the Official Records of Brazos County, Texas. Thence N 43° 04' 05" E - 182.91 feet along the present northwest line of Miller's Lane to the northeast line of the said 1.00 acre tract; Thence N 47° 47' 45" W - 20.00 feet along the northeast line of the said 1.00 acre tract; Thence S 43° 04' 05" W - 183.31 feet through the said 1.00 acre tract, parallel to and 20 feet from the present northwest line of Miller's Lane to the line between Lot 2 and Lot 3; Thence S 48° 56' 30" E - 20.01 feet along the line between Lot 2 and Lot 3 to the Point of Beginning and containing 3,662 square feet of land more or less. EXHIBIT "D" 007718 JOE ORR, INC. Olhce Phone 690-3378 · Rt 3, Box 413 COLLEGE STATION, TEXAS 77840 F.M. 2818 Extension Proposed Right-of-Way Dobrovolny Tract Morgan Rector League College Station, Texas 3 March 1989 All that certain tract or parcel of land lying and being situated in the Morgan Rector League in College Station, Brazos County, Texas, being a part of that tract conveyed to Clement A. Dobro- volny, et al, by deed recorded in Volume 225, Page 175 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: Beginning at an iron rod in the northwest line of the said Dobro- volny tract, N 49° 01' 31" E - 106.21 feet from an iron rod found at the most westerly corner of same. Thence N 49° 01' 31" E - 84.99 feet along the northwest, line of the said Dobrovolny tract to the southwest right-of-way line of State Highway No. 6; .- , Thence S 0° 17' 12" E - 88.35 feet along the Southwest line of State Highway No. 6 to an iron rod set for'the most southerly corner of this tract; Thence N 41° 54' 42" W - 37.86 feet through the said Dobrovolny tract to an iron rod set at an angle point; Thence N 83° 33' 06" W - 39.57 feet through the said Dobrovolny tract to the Point of Beginning and containing 0.05 acres more or less. EXHIBIT "E" 007719 JOE ORR, INC. Sur~e],or~ & [nA,~neer~ Olhce Phone 690-3378 · Rt 3. Bo~ 413 LOLl L( ,E STATION, TE× a,S 77540 20' Easement K3 Enterprises Tract - Lot 5A Lakeview Acres College Station, Texas 16 February 1989 All that certain tract or parcel of land lying and being situated in the Morgan Rector League in College Station, Brazos County, Texas, being a part of Lot 5A of Lakeview Acres addition to the City of College Station, Texas, according to plat of record in Volume 448, Page 607 of the Deed Records of Brazos County, Texas, being a part of that tract conveyed to K3 Enterprises by deed recorded in Volume 934, Page 367 of the Official Records of Brazos County, Texas, and being more particularly described as follows: Beginning at an iron rod in the line between Lots 5A and 5B, S 48° 34' 24" E - 3.99 feet from the intersection of the' present southeast line of Miller's Lane and line between Lot 5A and 5B, which is also the most southerly corner of that 1,268 square foot tract conveyed to the City of College Station by deed recorded in Volume 861, Page 596 of the Official Records of Brazos County, Texas. Thence along the arc a curve to the right (R=960') through a central angle of 5° 01' 20" , the chord of which bears N 50° 48' 04" E - 84.12 to the northeast line of Lot Thence S 48° 36' 05" E - 20.45 feet along the northeast line Lot SA; Thence through Lot 5A along the arc of a curve to the left (R=940'), parallel to and 20' from the first call, in a south- westerly direction through a central angle of 5o 07' 58" to the line between Lots 5A and Thence N 48° 34' 24" W - 20.15 feet along the line between Lots 5A and 5B to the Point of Beginning and containing 1,684 square feet of land more or less. EXHIBIT "G" 007720 JOE ORR, INC. Sut~e~,ot~, & .rn~neet~. Olhce Phone 6~0-J378 · RI 3. Box 413 COLI [¢,L 5343 ION 31XA5 77~40 20' Easement Mrs. Theo Klug Tract - Lot 5 Lakeview Acres College Station, Texas 16 February 1989 All that certain tract or parcel of land lying and being situated in the Morgan Rector League in College Station, Brazos County, Texas, being a Dart of Lot 5 of Lakeview Acres addition to the City of College Station, Texas, according to plat of record in Volume 128, Page 300 of the Deed Records of Brszos County, Texas, being a part of that tract conveyed to Theo Klug, et ux, by deed recorded in Volume 173, Page 2 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: Beginning at an iron rod at the intersection of the present southeast line of Miller's Lane and line between Lots 5 and 6, which is the most southerly corner of that 2,891 square foot tract conveyed to the City of College Station by deed recorded in Volume 795, Page 445 of the Official Records of Brazos County, Texas. Thence N 43° 04' 05" E - 188.72 feet along the present southeast line of Miller's Lane to the southwest line of Lot 5B as shown on replat of Lot 5 of Lakeview Acres recorded in Volume 448, Page 607 of the Deed Records of Brazos County, Texas; Thence S 48° 27' 19" E - 20.01 feet along the southwest line of Lot 5B; Thence S 43° 04' 05# W - 188.87 feet through the said Lot 5 parallel to and 20 feet from the present southeast line of Mill- er's Lane to the line between Lots 5 and 6; Thence N 48o 01' 45" W - 20.00 feet along the line between Lots 5 and 6 to the Point of Beginning and containing 3,776 square feet of land more or less. EXHIBIT 007721