HomeMy WebLinkAbout07-13-2006-12.03 - Resolution - 07/13/2006RESOLUTION NO. 7-13-2006-12.03
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 PURCHASE OR CONDEMNATION, AN EXCLUSIVE, PERMANENT
PUBLIC UTILITY EASEMENT REGARDING 0.60 ACRES OF LAND MORE OR LESS,
AND A RELATED TEMPORARY CONSTRUCTION EASEMENT REGARDING 0.63
ACRES OF LAND MORE OR LESS, IN BRAZOS COUNTY, TEXAS, A PART OF THE
STEPHEN F. AUSTIN LEAGUE NO. 9, ABSTRACT NO. 62; (2) A DECLARATION THAT
A PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE SAID EASEMENTS,
THROUGH PURCHASE OR 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 water utility
system ("water utility system") as a public service, in order to provide water 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 water
utility system is a benefit to the public, because the system currently provides, and will provide
in the future, an important source of water to the public and the City. Therefore, the water utility
system, including the City's ownership, operation, construction, repair, and maintenance of the
system, now and in the future, are hereby declared to be worthwhile public uses and purposes;
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, and maintenance of its water utility system
pursuant to the following, non-exclusive authority, the contents of which are incorporated by
reference: Chapters 251 and 402 of the Texas Local Government Code; Chapter 21 of the Texas
Property Code; and articles I and II of the City Charter; and
WHEREAS, the City is engaged in the following project regarding the improvement and
expansion of its water utility system: the Water Transmission Line Project also referred to as the
Water Project ("project"). This project will benefit the public and the City because its
completion and operation will enhance and improve the source and distribution of water
available to the community at large. Therefore, this project, which includes the acquisition of the
easements herein described, is hereby declared to be a worthwhile public use and purpose; and
Resolution No. 7-13-2006-12.03 Page 2
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 City's water utility system should be
improved and expanded through the City's acquisition, through purchase or condemnation
proceeding, of the following easements: (a) an exclusive, permanent public utility easement and
right of way ("permanent public utility easement") regarding the project, on, in, over, along,
under, across, and through a certain tract or parcel of land, being and situated in Brazos County,
Texas, containing 0.60 acres more or less, a part of the Stephen F. Austin League No. 9, Abstract
No. 62, in exchange for the payment of reasonable, adequate, and just compensation by the City
to the owner or owners thereof, said property being more particularly described by metes and
bounds and surrey plat in Exhibit A, which is attached hereto and incorporated by reference; and
(b) a related temporary construction easement ("temporary construction easement") regarding the
project, on, in, over, along, under, across, and through a certain tract or parcel of land, being and
situated in Brazos County, Texas, containing 0.63 acres more or less, a part of the Stephen F.
Austin League No. 9, Abstract No. 62, in exchange for the payment of reasonable, adequate, and
just compensation by the City to the owner or owners thereof, said property being more
particularly described by metes and bounds and survey plat in Exhibit B, which is attached
hereto and incorporated by reference; and (c) said permanent utility easement and temporary
construction easement being hereafter referred to as the subject property unless otherwise
designated; and
WHEREAS, pursuant the authority stated herein, the City intends and seeks to acquire the
aforementicned easements regarding the subject property for the following, declared public uses
and purposes regarding the project: (a) the construction, installation, inspection, placement and
removal of water lines, water pipelines, and related water utility infrastructure, facilities, and
improvements by the City, on, in, over, above, along, under, across, and through said property, in
order to improve, expand, and maintain the source, transmission and distribution of water within
the City's water utility 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 water utility system at the location of said
permanent utility easement on the subject property, including all utility infrastructure, facilities,
or improvements placed on, in, over, above, along, under, across, and through said property, in
order to improve, expand, and maintain the transmission and distribution of water within the
City's water utility system, now and in the future, for the benefit of the public and the City, as
described herein; and
WHEREAS, pursuant to the project, a public necessity exists for the City to acquire, through
purchase or condemnation proceeding, the permanent public utility easement and the temporary
construction easement regarding the subject property 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 the temporary construction easement regarding the subject property, through
2
Resolution No. 7-13-2006-12.03 Page 3
purchase or 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, the City shall allow the
owner of the subject property to use all or any part of the easement acquired for any purpose that
does not damage, destroy, injure, or interfere with the City's efficient, safe, or convenient use of
the easement acquired, as described herein, including the specific use limitations of said owner
as described herein; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, THAT:
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, the temporary construction easement, and the subject property are
hereby supplemented and incorporated by reference.
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, the temporary construction easement, and the subject property 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 utility project described above, require that
the water utility system of the City be improved and expanded by the City's
acquisition of the permanent public utility easement and the temporary
construction easement regarding the subject property, as described herein.
6. The permanent public utility easement and the temporary construction easement
regarding the subject property, 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 water
lines, water pipelines, and related water utility infrastructure, facilities, and
improvements by the City, on, in, over, above, along, under, across, and
3
Resolution No. 7-13-2006-12.03 Page 4
through said property, including but not limited to water transmission
lines, connecting water pipelines, access facilities, attachment structures
and equipment, and communication lines specifically related thereto, in
order to improve, expand, and maintain the source, transmission, and
distribution of water within the City's water utility 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 water utility system at the
location of said permanent utility easement, including all utility
infrastructure, facilities, or improvements placed on, in, over, above,
along, under, across, and through said property, as described herein, in
order to improve, expand, and maintain the source, transmission, and
distribution of water within the City's water utility system, now and in the
future, for the benefit of the public and the City;
C. any other public use and purpose described in this resolution.
7. 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 purchase or condemnation proceeding.
8. Regarding the permanent public utility easement and the temporary construction
easement described in this resolution, and pursuant to the project, the City hereby
ceclares the following:
a. A public necessity and convenience exists for the City to acquire said
easements, through purchase or condemnation proceeding, for the public
uses and purposes stated in this resolution.
b. The City's acquisition of said easements, through purchase or
condemnation proceeding, is necessary and convenient to accomplish,
achieve, and advance the public uses and purposes stated in this resolution.
9. 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, the temporary
construction easement, and the subject property:
a. Said representatives shall have the authority to lay -out or map the exact
location of the land needed regarding the subject property.
Resolution No. 7-13-2006-12.03 Page 5
b. Said representatives shall have the authority to hire, engage, or direct such
City staff, engineers, surveyors, appraisers, title companies, architects,
attorneys, or other persons or entities needed to effect: the mapping or
design of the necessary utility infrastructure, facilities, or improvements
on the subject property; the establishment and acquisition of the necessary
title to the subject property; and the construction, operation, inspection,
and maintenance of the necessary utility infrastructure, facilities, or
improvements on the subject property.
C. 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.
d. 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.
e. If necessary, and should the owner of the subject property fail to accept a
bona fide, good faith offer from the City to purchase the required property
interests, said representatives shall have the authority to initiate and
complete condemnation proceedings against said owner, in order to
acquire through condemnation all required property interests and title
regarding the subject property.
f. 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.
10. Upon acquisition of the permanent public utility easement, the City shall allow
the owner of the subject property to use all or any part of the easement acquired
for any purpose that does not damage, destroy, injure, or interfere with the City's
efficient, safe, or convenient use of the easement 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 easement, provided that
said use does not change the grade over the land of said easement without the
prior written consent of the City.
E
Resolution No. 7-13-2006-12.03 Page 6
11. Upon acquisition of the temporary construction easement, said easement shall
exist only for such period of time as is required for the construction, installation,
completion, and inspection of all utility infrastructure, facilities, or improvements
placed on, in, over, above, along, under, across, and through the subject property,
as described herein, after which time said temporary construction easement shall
cease to operate or be effective.
12. This resolution and order shall take effect immediately from and after its passage.
13. 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.
APPROVED this 13th day of July , 2006.
EST:
PLUI
me Hooks, City Secretary
APPROVED:
i sS ued_0.y4-Cala;� o 4S,Q ,
City Attorney
6
APPROVED:
RON
RESOLUTION NO. 7-13-2006-12.03
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690-3378
Proposed Easement
Nowsco Addition
Stephen F. Austin League No. 9
Bryan, Brazos County, Texas
September 21,2004
All that certain tract of parcel of land lying and being situated in the Stephen F. Austin
League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being a part of Lot 1
Block 1 of the Nowsco addition to the City of Bryan according to plat of record in
Volume 470, Page 871 of the Deed Records of Brazos County, Texas, lying along and
adjoining the northeast line of the existing Lone Star Gas Company easement as
described by said plat and amendment recorded in Volume 6218, Page 209 of the Official
Public Records of Brazos County, Texas, and being more particularly described as
follows:
Beginning at a %" iron rod with a blue plastic cap stamped "College Station Easement"
set in the line between the said Nowsco addition and the Amtex Subdivision Phase I
according to plat of record in Volume 495, Page 449 of the Deed Records of Brazos
County, Texas, from which a concrete right-of-way monument was found S 67" 01' 21"
W — 30.0 feet at the common corner of the said Nowsco addition and the said Amtex
Subdivision in the northeast right-of-way line of Harvey Mitchell Parkway (F.M. 2818).
Thence N 22" 53' 41" W — 508.54 feet along the northeast line of the said Lone Star Gas
Company easement 30 feet from and parallel to the northeast right-of—way line of F.M.
2818 to a hole drilled in concrete at an angle point;
Thence N 4" 00' 23" E — 198.92 feet along the east line of the amended TXU easement
described in Volume 6218, Page 209 of the Official Public Records of Brazos County,
Texas, to a %2" iron rod with a blue plastic cap stamped "College Station Easement" set
at an angle point;
Thence N 22" 53' 41" W — 139.86 feet along the northeast line of the platted Lone Star
Gas Company easement 30' from and parallel to the northeast right-of-way line of F.M
2818 to a %z" iron rod with a blue plastic cap stamped "College Station Easement" set in
the northwest line of the said Nowsco addition and the southeast line of the Union Pacific
Railroad 0.64 acre tract as described by deed recorded in Volume 311, Page 27 of the
Deed Records of Brazos County, Texas from which a concrete right-of-way marker was
found S 58" 57' 02" W — 30.31 feet;
EXHIBIT A
Nowsco Easement Page 1 of 2
Resolution No. 7-13-2006-12.03
Thence N 58" 57' 02" E — 30.31 feet along the line between the said Nowsco addition
and the said Union Pacific Railroad tract to the most northerly comer of this tract;
Thence through the said Nowsco addition as follows;
S 220 53' 41" E — 151.33 feet to an angle point;
S 4" 00' 23" W — 198.92 feet to and angle point;
S 22" 53' 41" E — 453.01 feet to an angle point;
S 45" 23' 41" E — 52.26 feet to the line between the said Nowsco addition and the
said Amtex Subdivision;
Thence S 67" 01' 21" W — 50.00 feet along the line between the said Nowsco addition
and the said Amtex Subdivision to the Point of Beginning and containing 0.60 acres of
land more or less.
Bearings are TX State Plane, central zone, NAD-83 datum, based on City of College
Station monument no. 107 and GPS observations.
Nowsco Easement EXHIBIT A Page 2 of 2
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Resolution No. 7-13-2006-12.03
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690-3378
Proposed Temporary- Easement
Nowsco Addit_on
Stephen F. Austin League No. 9
Bryan, Bravos County, Texas
March 16, 2006
All that certain tract of parcel of land lying and being situated in the Stephen F. Austin
League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being a part of Lot 1
Block 1 of the Nowsco addition to the City of Bryan according to plat of record in
Volume 470, Page 871 of the Deed Records of Brazos County, Texas, lying between the
northeast line of the existing Lone Star Gas Company easement as described by said plat
and amendment recorded in Volume 6218, Page 209 of the Official Public Records of
Brazos Cg.inty, Texas, and the northeast right-of-way line of Harvey Mitchell Parkway
(F.M. 281€) and being more particularly described as follows:
Beginrmg at a concrete right-of-way monument found at the common comer of the said
Nowsco addition and the Amtex Subdivision Phase I according to plat of record in
Volume 495, -Page 449 of the Deed Records of Brazos County, Texas, in the northeast
right-of-way lme of Harvey Mitchell Parkway (F.M. 2818).
Thence N 67` 01' 21" E — 30.00 feet along the line between the said Nowsco addition
and the said Amtex Subdivision to a %a" iron rod with a blue plastic cap stamped "College
Station Easement" set for the most easterly comer of this tract;
Thence N 22` 53' 41" W — 508.54 feet along the northeast line of the said platted Lone
Star Gas Company easement30 feet from and parallel to the northeast right -of — way line
of F.M. 2€18 to a hole drilled in concrete at an angle point;
Thence N 4° 00' 23" E—198.92 feet along the east line of the amended TXU easement
described in Volume 6218, Page 209 of the Official Public Records of Brazos County,
Texas, to a lii" iron rod with a blue plastic cap stamped "College Station Easement" set
at an angle point;
Thence N 22° 53' 41" W — 139.86 feet along the northeast line of the platted Lone Star
Gas Comnan., easement 30' from and parallel to the northeast right-of-way line of F.M
2818 to a 1/2" iron rod with a blue plastic cap stamped "College Station Easement" set in
the northwest line of the said Nowsco addition and the southeast line of the Union Pacific
Railroad 3.6L acre tract as described by deed recorded in Volume 311, Page 27 of the
Deed Records of Brazos County, Texas;
Nowsco Tempo_ ary Easement
Page 1 of 2
EXHIBIT B
Resolution No. 7-13-2006-12.03
Thence S 58" 57' 02" W — 30.31 feet along the line between the said Nowsco addition
and the said Union Pacific Railroad tract to a concrete right-of-way marker found in the
northeast right-of-way line of Harvey Mitchell Parkway (F.M. 2818) at the most westerly
comer of this tract;
Thence along said right-of-way line as follows;
S 22" 53' 41" E — 125.04 feet to an angle point from which a 3/8" iron rod was
found S 68° W - 0.7;
S 1010 15' 09" W—164.60 feet to a concrete right-of-way marker at an angle point
S 22" 53' 41" E — 558.68 feet along said right-of-way line to the Point of
Beginning and containing 0.63 acres of land more or less.
Bearings are TX State Plane, central zone, NAD-83 datum, based on City of College
Station monument no. 107 and GPS observations. See survey plat prepared with this
written description.
Ncwsco Temporary Easement
Page 2 of 2
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vol. 311. pg. 27 Lot 1 \ Phase
I Block 1 \ voj. 495, pg. 449
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