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Home My WebLink About01-09-25-8.8 - Resolution - 01/09/2025RESOLUTION NO. 01-09-25-8.8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING THAT AN ACCESS EASEMENT CONTAINING APPROXIMATELY 1.113 ACRES OF LAND IS NEEDED AND NEEDS TO BE ACQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF AN ACCESS EASEMENT AND AUTHORIZING THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS. WHEREAS, the City Council of the City of College Station now finds and determines that public convenience and necessity requires the City of College Station to acquire an access easement over and across a tract of land totaling approximately 1.113 acres for the public purpose of the construction and maintenance of an access easement to access the City of College Station's land in Brazos County, Texas. A more specific description of said access easement is attached hereto as Exhibit A and made a part hereof (herein after the "Land"); and WHEREAS, the City of College Station, through its duly authorized representatives, has negotiated with the owner of the Land for the purchase of the Land for the purpose stated herein and has been unable to agree with such owner as to the fair cash market value thereof and damages, if any, to obtain the necessary property rights required by the City of College Station; and WHEREAS, the City Council of the City of College Station has authorized the City Manager or his designee to make an initial written offer to the owner of the Land for the purchase of the same based upon its appraised value, and such offer has been made; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Resolution No. 01-09-25-8.8 Page 2 of 3 Section 1. The facts and recitals set forth in the preamble of this resolution are hereby found to be true and correct. Section 2. The City Council of the City of College Station finds that, in compliance with Chapter 21 of the Texas Property Code, an initial offer has been made by duly authorized representatives of the City for acquisition of an access easement over and across the herein described Land, and that said offer was not accepted. A final offer has been sent to the owner of the Land. Should that final offer be rejected the only way for the City of College Station to acquire such interest in the Land will be through the filing of eminent domain proceedings. Section 3. The City Council hereby finds and determines that a public use and necessity exists for the City of College Station to construct and maintain an access easement and to acquire the necessary property rights in the Land as allowed by law, together with all necessary appurtenances, additions and improvements on, over, under, and through those certain lots, tracts or parcels of land. Section 4. Should the final offer be rejected by the owner of the Land, the City Attorney, or his designee, is hereby authorized to bring eminent domain proceedings on behalf of the City of College Station under applicable provisions of law, whether provided by §251.001 of the Texas Local Government Code, as amended, Chapter 21 of the Texas Property Code, or by any other provision of law, against the owner or owners of the Land. Resolution No. 01-09-25-8.8 Page 3 of 3 PASSED, APPROVED, AND RESOLVED this 9th day of January, 2025. e4� Johif Nichols Mayor ATTEST: APPROVED AS TO FORM: _L*110 ?.6 City Attorney EXHIBIT A Baseline rl111rILAI 1=1 IVI Proposed Easement Steele Brook Mineral & Royalties Limited tract, called 209.05 acres Francisco Ruiz survey A-48 Brazos County, Texas September 2024 All that certain tract or parcel of land lying and being situated in the Francisco Ruiz two -league survey, abstract no. 48 in Brazos County, Texas, being a strip of land through that called 209.05 acre tract conveyed to Steele Brook Mineral & Royalties Limited by deed recorded in volume 9900, page 73 of Official Public Records of Brazos County, Texas, 40 feet wide along the railroad right-of-way through the 209.05 acre tract and 55 feet wide along Highway OSR, and being more particularly described as follows; Beginning at a 1/2" iron rod with an orange plastic cap stamped "H.P. MAYO RPLS 5045" set in 2008 at the intersection of the northwest boundary of the said 209.05 acre tract and the west right- of-way boundary (100 ft. wide) of Union Pacific railroad, being the southeast corner of that 321.18 acre tract described in the deed to the City of College Station recorded in volume 8952, page 152 of Official Public Records of Brazos County, Texas, from where a 3/8" iron rod found at the northeast corner of the 209.05 acre tract, in a northwest right-of-way boundary of Highway OSR, bears N 67° 53' 03" E — 687.8 feet, and USC&GS monument "SIMS 1943" bears S 83° 08' 28" W — 17,976.9 feet; Thence S 28° 45' 17" E — 997.48 feet, along the said west line of the railroad right-of-way, parallel and 50.0 feet southwest of the track centerline, to its intersection with the northwest right-of-way boundary of Highway OSR (120 ft. wide) as described in the deed to the State of Texas recorded in volume 115, page 16 of the Deed Records of Brazos County, Texas, at a point from where TXDOT Control Mark "RR1-20" (a disk found in concrete) bears N 15° 14' 43" E — 153.8 feet; Thence S 13° 26' 24" W — 167.50 feet, along the said northwest boundary of Highway OSR and the southeast boundary of the 209.05 acre tract to the most southerly corner of this described easement tract; Thence N 76° 33' 36" W — 55.00 feet, through the said 209.05 acre tract, to the most westerly corner of this described easement tract; Thence N 13° 26' 24" E — 168.61 feet, through the said 209.05 acre tract, parallel and 55.00 feet northwest of the said right-of-way boundary of Highway OSR, to a point for corner; Thence N 28° 45' 17" W — 964.44 feet, through the said 209.05 acre tract, parallel and 40.00 feet southwest of the said west right-of-way boundary of Union Pacific railroad, to the northwest corner of this described easement tract, in the common boundary of the 209.05 acre tract and the said City of College Station 321.18 acre tract; Thence N 67° 58' 31" E — 40.28 feet, along the said common boundary, to the Point of Beginning and containing 1.113 acre (48,482 sq.ft.) of land more or Tess. Bearings are Texas State Plane, NAD83 Central Zone datum, based on GPS observations in Aug. 2024, referenced to Leica SmartNet network. For reference, monument "SIMS 1943" to monument "RR1-20" bears N 85° 34' 38" E. See survey exhibit plat dated September 2024. HENRY P MAYO 5045 v: �F ......... s offC 1701 Southwest Parkway, Suite 104, College Station, Texas 77840 I 979.693.2777 I TxSury F-10030200 I Ba - e.DCCM.com EXHIBIT A City of College Station 321.18 acres vol. 8952, pg. 152 yA $ S°9 Survey Control Note: USC&GS monument "SIMS 1943" °Os bears S 83'08'28"W-17,976.9' from Point of Beginning (P.O.B.) �� So gems;°� Existing Easements Notes: Title Commitment GF No. BC2413314 effective July 28, 2024 from South Land Title, LLC was relied upon for existing easement research. All existing easements may not be shown. The blanket electrical easement to the City of Bryan in vol. 98, page 152 may affect this property. The drainage canal covered by the easement to Brazos —Robertson Soil Conservation District in vol. 140, page 517 is not located on this property. There is a 15' waterline easement, centered on pipes as installed by Fairview —Smetana WSC, in vol. 929, page 758. Steele Brook Mineral & Royalties Limited *called 209.05 acres vol. 9900, pg. 73 pipeline easements vol. 760, pg. 287 (Ferguson Crossing) — off of this map — ,N 67'58'31 "E 40.28' 1Y 1 -;'1 5I 0. cow pens stock tank 40.00'—" Proposed Easement 1.117 ❑c. (48,482 sq. ft.) * Deed Note: The cited, current deed for this property includes an old boundary description called to include 203.3 acres "off the east end of the 363.3 acre tract", but states that it was later determined to contain 209.05 acres. It also references a Boundary Line Agreement recorded in volume 1365, page 94. Rodrigo Medina and wife, Tammy Gail Medina; and Cordel Rodrigo Medina 69.5 acres vol. 17077, pg. 200 Baseline N 76'33'36"W 55.00' Sims Lane" (private) EYE Baseline Corp. 1 TxSury F-10030200 1701 SW Pkwy, Ste 104, College Station, TX 77840 979.693.2777 I Baseline.DCCM.com I ti A. City of College col. fps tion -- Pg. 264 P.O.B. 137 „ 11 1 N 6)S9 Una o II 1 from 28 e\goins II 1''o@t00 ,trey I I11 III II III I II1 :I11\ 0- 1 O. 1 N'o l i 00.•-o II o, 1, 0 I11 o _+; II m 5' II 1 I w°. II I o0 oIII IP a� 11 I II it 50.0' from track . ICII iI I' Leonard Earl Luce 2.6155 acres vol. 19220, pg. 35 Bo Felix Floyd Bartkowiak, Jr. 2.6155 acres vol. 18285, pg. 175 oS� Michelle Marie Luza Cox 33.519 ac. vol. 15569 pg. 275 Steele Brook Mineral & Royalties Limited *called 209.05 acres vol. 9900, pg. 73 15' pipeline easement vol. 760, pg. 295 (Ferguson Crossing) ,TXDOT Control Mark "RR1-20" (disk in conc.) / at / line RR R.O.W. A gate I // C 0 o0 o 0 0 0 0_ a Rood. 6 i �"5 OA•P 0 g. Larry T. Lero and wife, Lisa A. Lero 44.00 acres vol. 1301, pg. 244 0 50 100 200 Hid —I Bearings are Texas State Plane, NAD83 Central Zone datum, based on GPS observations in Aug. 2024, referenced to Leica SmartNet network. For reference, monument "SIMS 1943" to monument "RR1-20"= N 85'34'38"E. Proposed Easement Steele Brook Mineral (Sc Royalties Limited 209.05 acre tract F. Ruiz survey A-48 Brazos County, Texas