02-26-15-2b - Resolution - 02/26/2015 RESOLUTION NO. 02-26-15-2b
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS
RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE, AND
ACQUIRE BY CONDEMNATION AN EXCLUSIVE, PERMANENT WASTEWATER
UTILITY SYSTEM EASEMENT BEING ALL OF THAT CERTAIN 0.236 ACRE TRACT OR
PARCEL OF LAND LYING AND BEING SITUATED IN THE MORGAN RECTOR LEAGUE,
ABSTRACT NO. 46, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING PART
OF THAT 37 ACRE TRACT CONVEYED TO FREDDIE A. WOLTERS BY DEED
RECORDED IN VOLUME 207, PAGE 1 OF THE DEED RECORDS OF BRAZOS COUNTY,
TEXAS, BEING A STRIP OF LAND 10 FEET IN WIDTH CONTIGUOUS WITH THE
SOUTHEAST LINES OF THE EXISTING 20 FT. SEWER EASEMENT RECORDED IN
VOLUME 320, PAGE 553 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; AND
AN EXCLUSIVE TEMPORARY CONSTRUCTION EASEMENT BEING ALL OF THAT
CERTAIN 0.483 ACRE TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN
THE MORGAN RECTOR LEAGUE,ABSTRACT NO. 46,IN COLLEGE STATION, BRAZOS
COUNTY,TEXAS,BEING PART OF THAT 37 ACRE TRACT CONVEYED TO FREDDIE A.
WOLTERS BY DEED RECORDED IN VOLUME 207, PAGE 1 OF THE DEED RECORDS OF
BRAZOS COUNTY, TEXAS, BEING A STRIP OF LAND 20 FEET IN WIDTH LOCATED 20
FEET SOUTHEAST OF THE SOUTHEAST LINES OF THE EXISTING 20 FT. SEWER
EASEMENT RECORDED IN VOLUME 320, PAGE 553 OF THE DEED RECORDS OF
BRAZOS COUNTY, TEXAS; (2) A DECLARATION THAT A PUBLIC NECESSITY EXISTS
FOR THE CITY TO ACQUIRE SAID EASEMENTS BY CONDEMNATION IN ORDER TO
ACCOMPLISH AN AUTHORIZED AND DECLARED PUBLIC USE AND PURPOSE; (3)
THE RATIFICATION OF ALL PRIOR CITY ACTS AND RESOLUTIONS; AND (4) THE
ESTABLISHMENT OF AN EFFECTIVE DATE AND COMPLIANCE WITH THE OPEN
MEETING STATUTES.
WHEREAS,the City of College Station,Texas("City")is a home rule municipality which is duly
incorporated and chartered under the constitution and laws of Texas; and
WHEREAS, the City owns, operates, constructs, repairs, and maintains a municipal wastewater
utility system ("system") as a public service, in order to provide wastewater service to the public
and the City, now and in the future; and
WHEREAS,the City's ownership, operation, construction,repair, and maintenance of the system
is a benefit to the public, because the system currently provides, and will provide in the future,
improved wastewater services to the public and the City. Therefore, the system, including the
City's ownership, operation, construction, repair, maintenance and protection of the system, now
and in the future, are hereby declared to be worthwhile public uses and purposes; and
WHEREAS, the City is engaged in the following project regarding the improvement and
expansion of the system: Bee Creek Parallel Trunk Line Project — Phase II, (the "project"). The
project will benefit the public and the City because its completion and operation will enhance and
improve wastewater services available to the community at large. Therefore, the project, which
C:\Users\ahines\AppData\Roaming\L5\Temp\e 148cebf-c9c2-40df-a5d3-40d03987537b.docx
includes the acquisition of the easements herein described, is hereby declared to be a worthwhile
public use and purpose; and
WHEREAS, the City determines that the best interests and needs of the public, including the
health, safety, and welfare of the public, require that the system should be improved, expanded
and protected through the City's acquisition, by a condemnation proceeding, of the following
easements for the project: an exclusive, permanent wastewater utility system easement and right
of way ("permanent public utility easement") on, in, over, along, under, across, and through a
certain tract or parcel of land, being and situated in College Station, Brazos County, Texas,
containing all of that certain 0.236 acre tract or parcel of land lying and being situated in the
Morgan Rector League, Abstract No. 46, in College Station, Brazos County, Texas, being part of
that 37 acre tract conveyed to Freddie A. Wolters by deed recorded in Volume 207, Page 1 of the
Deed Records of Brazos County, Texas, being a strip of land 10 feet in width contiguous with the
southeast lines of the existing 20 ft. Sewer Easement recorded in Volume 320, Page 553 of the
Deed Records of Brazos County, Texas; and an exclusive temporary construction easement and
right of way ("temporary construction easement") on, in, over, along, under, across, and through
a certain 0.483 acre tract or parcel of land lying and being situated in the Morgan Rector League,
Abstract No. 46, in College Station, Brazos County, Texas, being part of that 37 acre tract
conveyed to Freddie A. Wolters by deed recorded in Volume 207, Page 1 of the Deed Records of
Brazos County, Texas, being a strip of land 20 feet in width located 20 feet southeast of the
southeast lines of the existing 20 ft. Sewer Easement recorded in Volume 320, Page 553 of the
Deed Records of Brazos County, Texas, and for the payment of reasonable, adequate, and just
compensation by the City to the owner or owners thereof, as required by law, said property being
more particularly described by metes and bounds and survey plat in Exhibits A and B,respectively,
which are attached hereto and incorporated by reference for system facilities, wastewater lines,
wastewater pipelines, valves, fiber optic cables, infrastructure, improvements and related
appurtenances; and
WHEREAS, pursuant to the authority stated herein, the City intends and seeks to acquire the
permanent public utility easement regarding the subject property for the following,declared public
uses and purposes regarding the project:
(a) the construction, installation, inspection, placement and removal of wastewater lines,
wastewater pipelines,valves,fiber optic cables,infrastructure, facilities, improvements
and related appurtenances by the City, on, in, over, above, along, under, across, and
through said property, in order to improve, expand, and maintain the system and the
transmission and disposal of wastewater within the system, now and in the future, for
the benefit of the public and the City, as described herein; and
(b) the permanent ownership, operation, construction, repair, inspection placement,
removal, and maintenance of the system and the location of said permanent public
utility easement on the subject property, including all wastewater lines, wastewater
pipelines, valves, fiber optic cables, infrastructure, facilities, improvements and/or
related appurtenances placed on, in, over, above, along, under, across, and through said
property, in order to improve, expand, and maintain the system and the transmission
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and disposal of wastewater within the system, now and in the future, for the benefit of
the public and the City, as described herein; and
WHEREAS, pursuant to the authority stated herein, the City intends and seeks to acquire the
temporary construction easement regarding the subject property for the following declared public
uses and purposes regarding the project;
(a) the temporary purpose and use to facilitate the construction of various improvements
and utilities in connection with the project; and
WHEREAS, on February 14, 2013, the City Council by Resolution No. 02-14-13-2e as amended
by Resolution No. 05-19-13-2b authorized the City Manager and his designee to take those steps
necessary to acquire the permanent public utility easement and temporary construction easement;
and
WHEREAS, the City, through a condemnation proceeding, may exercise the power of eminent
domain to acquire property, inside or outside the municipality, in order to efficiently carry out the
ownership, operation, construction, repair, maintenance and protection of its system pursuant to
the following, non-exclusive authority, the contents of which are incorporated by reference:
Chapters 251 and 552 of the Texas Local Government Code; Chapter 21 of the Texas Property
Code; and articles I and II of the City Charter; and
WHEREAS, pursuant to the project, a public necessity exists for the City to acquire by
condemnation proceeding the permanent public utility easement for the public uses and purposes
described herein, and
WHEREAS, pursuant to the project, the City's acquisition of the permanent public utility
easement and temporary construction by a condemnation proceeding is necessary to accomplish,
achieve, and advance the public uses and purposes described herein; and
WHEREAS, upon acquisition of the permanent public utility easement and temporary
construction easement, the City shall allow the owner of the underlying property to use all or any
part of the easements acquired for any purpose that does not damage, destroy, injure, or interfere
with the City's efficient, safe, or convenient use of the easements acquired, as described herein,
including the specific use limitations of said owner as described herein;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City
of College Station, Texas:
1. Singular nouns and pronouns shall include the plural, and the masculine gender
shall include the feminine gender, where necessary for a correct meaning of this
resolution.
2. All prior resolutions or orders regarding the project, the permanent public utility
easement and temporary construction easement, are hereby supplemented and
incorporated by reference.
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3. All prior acts of the City, including the acts of its elected officials, officers,
employees, agents, or attorneys, regarding the project, the permanent public utility
easement and temporary construction easement, are hereby authorized, ratified,
approved, confirmed, and validated.
4. All statements made in the caption, preamble, preliminary recitals, and the
documents attached to this resolution are true, correct, and incorporated by
reference.
5. The best interests and needs of the public, including the health, safety, and welfare
of the public, pursuant to the project, require that the system be improved and
expanded by the City's acquisition of the permanent public utility easement and
temporary construction easement as described herein.
6. The permanent public utility easement pursuant to the project and as described
herein, is sought and shall be acquired by the City for the following public uses and
purposes:
a. the construction, installation, inspection, placement and removal of
wastewater lines, wastewater pipelines, valves, fiber optic cables,
and related utility infrastructure, facilities, improvements and
related appurtenances by the City, on, in, over, above, along, under,
across, and through said property, including but not limited to
wastewater transmission lines, connecting wastewater pipelines,
access facilities, attachment structures and equipment, and
communication lines specifically related thereto, in order to
improve, expand, and maintain the system and the transmission and
disposal of wastewater within the system, now and in the future, for
the benefit of the public and the City; and
b. the permanent ownership, operation, construction, repair,
inspection, placement, removal, and maintenance of the system at
the location of said permanent public utility easement, including all
utility infrastructure, facilities, improvements or appurtenances
place on, in, over, above, along, under, across, and through said
property, as described herein, in order to improve, expand, and
maintain the system and the transmission and disposal of wastewater
within the system, now and in the future, of the benefit of the public
and the City.
7. The temporary construction easement pursuant to the project and as described
herein: is sought and shall be acquired by the City or the following public uses and
purposes;
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a. The temporary purpose and use to facilitate the construction of
various improvements and utilities in connection with the project.
8. All public uses and purposes described in this resolution are hereby declared to be
worthwhile, convenient, and necessary to justify and support the acquisition of the
permanent public utility easement and the temporary construction easement by the
City through a condemnation proceeding.
9, Regarding the permanent public utility easement and temporary construction
easement described in this resolution, and pursuant to the project, the City hereby
declares the following:
a. The City made a bona fide, good faith offer to purchase said
easements from the owners of the subject property. Said offers were
rejected or not accepted by the owners. Thus, the City and said
owners are unable to agree on the issue of damages or compensation.
Therefore, a public necessity and convenience exists for the City to
acquire said easements through a condemnation proceeding for the
public uses and purposes stated in this resolution.
b. The City's acquisition of said easements through a condemnation
proceeding is necessary and convenient to accomplish, achieve, and
advance the public uses and purposes stated in this resolution.
10. Pursuant to the project, the City's elected officials, officers, employees, agents,
representatives, and attorneys are hereby authorized to engage in the following
conduct regarding the permanent public utility easement and temporary
construction easement:
a. Said representatives shall have the authority to lay-out or map the
exact location of the easements needed.
b. Said representatives shall have the authority,with the consent of the
property owner or through a court order, to enter upon the subject
property for the purpose of: surveying and establishing title;
determining reasonable, adequate, and just compensation;
conducting tests; or negotiating with the owner for the purchase of
the required property interests.
c. Said representatives shall have the authority, after determining
reasonable, adequate, and just compensation for said easements, to
negotiate with the property owner for the purpose of acquiring for
the City the required property interests by purchase.
d. Said representatives shall have the authority to initiate and complete
condemnation proceedings against said owner, in order to acquire
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through condemnation all required property interests and title to the
easements described herein.
e. Said representatives shall have the authority to initiate and complete
all other actions deemed necessary and appropriate to effect the
accomplishment of the public uses and purposes described herein.
11. Upon acquisition of the permanent public utility easement and temporary
construction easement,the City shall allow the owner of the underlying property to
use all or any part of the easements acquired for any purpose that does not damage,
destroy, injure, or interfere with the City's efficient, safe, or convenient use of the
easements acquired, however; (a) said owner shall not be allowed to lay-out,
dedicate, construct, maintain, or use any house, structure, or reservoir, or to permit
same to be accomplished, on, over, under, through or within said easement except
as provided herein; but (b) said owner shall be allowed to lay-out, dedicate,
construct, maintain, or use roads, streets, alleys, and driveways, on, over, or within
said easements, provided that said use does not change the grade over the land of
said easements without the prior written consent of the City.
11. This resolution and order shall take effect immediately from and after its passage.
12. This resolution was considered and passed at a meeting held in compliance with
Chapter 551 of the Texas Government Code, the Texas Open Meetings Act.
ADOPTED this 020day of jgdyLuzii , 20 /5.
ATTEST: APPROVED:
F-hilL4LIL /
SHERRY M HBURN, City Secretary NANCY BE' '� , Mayor
APPROVED:
City Attorney
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EXHIBIT A
PROPERTY DESCRIPTION
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EXIT A
PROPERTY DESCRIPTION
.1n4e Uro,Jae,
cyr,a)v-s&,'3trr�e
Post Office Box 11479
College Statiun,'I (778424979
(979)693-2777
Proposed 10'Ecmcnt
'otters Tract
Morgan gan Reuter lung pc.A-46
CAgJege latitYn,'J'WtAs
19 March 2013
All of that 047tuin net or parcel of land lying And being situated in the Morgan Rector league.
abstract no. 4#r. in College 9tatieirk. Brame COLE-14, TcNai, hcing part of thru 37 acre pct
conveyedto Frcddio A.Woltcis by docd recorded in volume 207,page 1 o( Ll! Drxt1Raulydi
or ftranns County,Texas,being a strip gland 10 feet in width contiguous with the suuchearft
lilacs of the existing 211 f� Sewer Easomwni r 1.i:corded in volurtle ,26, pap 553 of the Deed
Records of Brazos County,Texas,and being more particularly ilk-scribed a.Gallows:
Beginning allt a poitlt in the ucymmon line of the said 37 acre tract and that 14.392 acre tract
conveyed to the City of College Station by deed rearmed in volume R?i!5 page 125 of th,o
Oi36l Fiiblic•Records of Brazos Courtly, foxes, from where rine City of Ci,llere .S this
CAPS control rrnrinurcnt no, 128 heaths S 86P 21' f)8"W-3906.2 rcrt,a LT iron rod with an
orange pl antic cup:;ramped'11P 1 Jr4YO RP1.S 5045"wa ut the emit corner o r the said 14.39`?
acre tract in 2007 beaus S 47'55'41"12-803.6t1 leer,and the%vast arrner c1 L'thc 37 activ trume,
ar a 26"oak tree.bears h'47"55`41"W-526.(,4 foot.
Thence/4 47° 55'41"W -11-03 leak,along the common line of Ftaiti 37 faire and 14.39.2 etc
!rasa t1rits ifIin-sea:anwii11ate wL't1i i4ITRPeelsaideI�IrIIse•20A.S'CNYPFi' ITICfl1
Thence N 17°04' 43"E-811.59 Jcote through the said 37 kW":trout,ttkng the SoU01iyL lieu
of the said exietuli;easement,to an angle point:
1
home N 15° 22' IT' W-207.55 feet: eotntinning through the 37 acre tract and along the
existing easement litre,to a corner cc#'this eascrrlcnt tract in the northwest line o1'he 37 eC
track also point, th .9o-tithe-ask tine of that 6.91 acre imct conveyed to the City of Cnik-.ge
Station by deed recorded. in valumc 169, page 552 OF rhw'Ned Rec#:rdS err Tilaer s; County,
Tows,from m where a 5,8'role tram found in concrete heals S 42'OS' 101"W 130.86 met;
Thence N 42'08' 10"E-11.86 feet, along the c t-nrnori line of the eaitl 37 acre and 6.97 arae
tracts,to the Ira IA northerly cermet of this easernetrr tt�cti
Thence f, 15' 22' 17" E - 216.83 fear through the 37 itre. treat 10.00 feet Poutheatit and
parallel to the southeast lntc of the said existing 70 1't,Sewer 17,( tri ri1,t.<i all xq10patrol:;
a.'nI0.rs tram-Eatarxol Pmme r uf
8
Thvw S 17'114' 4,3" W--F119.16 l ix., ti nui ng chi 04) the 37 am irwot arha 1(1.01) I i;c L
,,,,kht st 01'the exialin,ealaemenl, L1 the Pont or lIttiikriiva arul containing,0236 eureh 0r
find more Cur leN%.
Bearings arc Texas State /tux,Central Zarac NADS3 COORS)
demi,1 cr rn1 Oily cif Calege SStxlitsn CPS tn[muracills rlir. I jec f ,
Laid nn. !2R(N 66° 15'48'E).
A. ,DIY' Z'.s€`. r 5
5
See survey plants died March 2013, •..,-•—••_•••.,...,+,« a.....e,
NFNRy P Av. ,,,
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),<.e._,L4qu:.:9.:',“,,41'42:41:.
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9
EXHIBIT B
PROPERTY DESCRIPTION
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10
EXHIBIT B
PROPERTY DESCRIPTION
.ipe Orr, inr,
Poet Otlioc Box 11979
College:Station,TX 77842-1979
(979)f¢)3-2777
Proposed 2W Temporary Fatten/eat
'Wolter,Trues.
Morgan Rector leaser A-4
College Station;'J' as
19 March 2013
All of that certain tractor parcel of]arid lying and being sitnatcd in the Morgan Rector lentic.
abstract no. 46, in College Station, Brame county, Tex ail,being part of that 37 acre trout
conveyed io Freddie A. Wolters by deed recorded in volume 217,page'.• of thc food Records
of BrazDs County.Texas,bang a strip of trend 20 feet in width]s watecl 20 feel soutoast of the
soulbcaryt lines()Stile existing 20 R. Sewer Easement rexernded in volume 320,page 553 of the
Dyed Rrxords nd'Hrazo.County.Texas,rind being more particularly deaeri bed as follows:
Beginning at rho Truett southerly Camerae of tL 10 ft permanent easc.,Lnlent tllyst kurvcycd on this
date, in the common line ot'the said 37 acre tract end that 14.392 acre tract conveyed to the
City of College Station by deed recorded in volume $325, page 125 of the Official Public
ii.coords of Brazos County, 'rocas, Iran when: tlic City of Co'lcgc Stal`:on OPS co:itro1
rncnurlgrt rut. l21 baba S 86'21 or W-391)6.2 feet,a 1/2"inn red iE.h art rrrerige plastic
carp stamped-ill' MAYO.IU'!.S 5045' set at the eask Cornet of the said 14 392 acre trace in
2007 bears S 47" 55' 41" E—803.68 fret, and the west corner of the 37 acre tract' ata 26"
oak rax,hours Tv 47°55' 41"W-526.64 feed.
'thence S 47" 55' 41°.E-22.07 feet,along the common line of said 37 acre and 14.392 acit
Tract to lh4 most lout my gamer of this casemon t travt;
nonce N 17"4.14'4,3"b-834,30 feet,through the said 37 um tract,30.00 feet southeast sad
parallel t i the s,lathctrst lines of the bald exist]ug 24 ft.Sewer Owerriema,to an ankle point;
'1' ace N 15'22' 17' -•235.38 feet, eotrtinuinn through the 37 acre tract and 30.01)feet
staithea.5t of the existing casrntont,to the most northerI}• comer of this easement tract in the
nitrt'hw t line of the 17 acre tat± also being the southeast line of that. 15,97 mere tract
conveyed 0 the City of College Station by deed rciordcd in voltnitc 169, page 552 ol'the
T}ccd l txJI oris et[1ilncos County,Tcxss;
thence S 42"0R' 10'' W'-23,71 feet,aJong the common line of the said 37 sal.:and 697 acre
trams,to the room northerly airrx-r of the mid 14 ft lx.'rmHnent a`a4ernent:
Thence s 15°22' 17"1; • 21613 feet,through the 37 acre tract,along*the Noutheu,L title ofthe
said 10 ft. perrnan'm easem4`ttl and 10.00 rel aoulhe st and paniTlel' ;s► the sowheial lino of
the salrf cxielisrft 20 i1.St war J sivemr na,In an 'Angle
V.NId tvx-T510 EAWiu4 Nimloll.
11
Thence S 17° O4' 4*" mi 819,16 foci, continuing through to 37 acre tract and 14.0(} Fae-t
southcas( of the existing c:asfc'numt, to the Paint of 1:14ginniug =3 containing 0.483 acro of
land more or low.
Hearings. are Texas Stare Plane; €:antral /one NAD13 (WKS)
datum, based on City of College Station GFS monumo is no. 1 +14`
and no. 128(N66' 15'48"E). i'� ,' '90;49
Sec survey pluix March 20 I;. µrids• p A°•rwo11 *4
Wglprr*1r 1—1CIC1P•J:'rscv'+•al Pap:3C:2
12