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Home My WebLink About11-09-23-9.4 - Resolution - 11/09/2023RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING THAT A PUBLIC UTILITY EASEMENT CONTAINING THREE PARCELS, TOTALING APPROXIMATELY 1.49 ACRES OF LAND, IS NEEDED AND NEEDS TO BE ACQUIRED FROM POM-COLLEGE STATION, LLC, FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A PUBLIC UTILITY 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 a permanent public utility easement over and across three tracts of land totaling approximately 1.49 acres for the public purpose of the construction, operation, and maintenance of a public utility easement in the City of College Station, Texas. More specific descriptions of said public utility easements are attached hereto as Exhibits A-1, A-2, and A-3 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 owners of the Land for the purchase of the Land for the purpose stated herein and has been unable to agree with such owners 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 offer to the owners of the Land for the purchase of the same based upon its appraised value, and such offer has been made and the owner has refused to accept such final offer; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: 11-09-23-9.4 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, a bona fide offer has been made by duly authorized representatives of the City for the acquisition of a public utility easement over and across the herein described Land, and that said offer was not accepted, and that the only way for the City of College Station to acquire such interest in the Land is 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, operate, and maintain a public utility 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. The final offer heretofore made to the owner for the purchase of the Land is in all things hereby ratified and confirmed. Section 5. 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, to-wit: POM-College Station, LLC and any other person or entity who may have any interest in the Land. PASSED, APPROVED, AND RESOLVED this day of , 2023. John Nichols Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney 9th November EXHIBIT A-1 BASELINE Stim Proposed Easement Lot 4-AR, Block 1 Post Oak Mall College Station, Texas December 2022 All of that certain 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 Lot 4-AR, Block 1 of Post Oak Mall Subdivision as described by the replat recorded in volume 15084, page 34 of the Official Public Records of Brazos County, Texas, generally being a triangular tract of land near the north corner of Lot 4-AR, contiguous with the proposed future right-of-way lines of State Highway Nos. 6 and 30, and being more particularly described as follows: Beginning at point in the northeast boundary of said Lot 4-AR, where the said future right-of-way line of Highway no. 6 intersects with the current right-of-way line, from where a 1/2" iron rod with a yellow plastic cap stamped “KERR 4502” found at an angle point in the northeast boundary of Lot 4-AR bears N 30° 41’ 20” W — 149.36 feet, and City of College Station GPS monument no. 127 bears S 44° 23’ 25” E — 2829.4 feet; Thence N 33° 32’ 59” W — 104.74 feet, along the future southwest right-of-way line of Highway no. 6 through said Lot 4-AR, to the most northerly corner of this described easement tract; Thence S 71° 41’ 44” W — 30.09 feet, through said Lot 4-AR along another future right-of-way line, to the west corner of this described easement tract; Thence S 48° 00’ 00” E — 116.33 feet, through said Lot 4-AR, to the Point of Beginning and containing 1,520 sq. ft. (0.035 acre) of land more or less. Bearings are Texas State Plane, Central Zone, NAD- 83(CORS) datum, based on City of College Station GPS control monuments no. 127 and no. 120 (S 43° 22’ 14” W). See separate survey plat dated December 2022. HENRY P MAYO \ PO Cececovege micneneesess Proposed Easement — Lot 4-AR, Block 1, Post Oak Mall Page 1 of 1 1701 Southwest Parkway, Suite 104, College Station, Texas 77840 | 979.693.2777 | TxSurvF-10030200 | BaselineSurveyors.netEXHIBIT A-1 BASELINE ~_mr—-Aa BS Ge Ge EVE Baseline |DCCM | TxSurv F-10030200 1701 SW Pkwy, Ste 104, College Station, TX 77840 979.693.2777 | BaselineSurveyors.net current R.O.W. lines 10’ Water Line Easement vol. 481, pg. 245 (CoCS) ae oS Proposed Right—of—Way lines per survey by AG3 Group, LLC (Sept. 2022 — not final) fjesesSarcsoneseecne eoveononsacvely HENRY P MAYO Ni csepensesrersensnssessscnase self By) : “9, 5045 Weta oN y Ny ee ESS Mis CEN > UU Cc oa: ON Oo WwW a cia ae Pata eS Ne N Dec. 2022 60 Ft Bearings are TX State Plane, Central Zone NAD83 datum, based on GPS observations checked to City of CS GPS control monuments no. 127 and no. 120 (S 43°22'14” W). All existing easements may not be shown. Title Commitment GF No. 222304 dated June 2022 from University Proposed Easement 1,520 sq.ft. (0.035 acre) Title Co. was relied upon for existing easement research. No existing easements listed with defined locations fall within the Lot 4—AR Block 1 Block 1, Lot 4—AR Post Oak Mall vol. 15084, pg. 34 vol. 15084, pg. 34 * from S 29°59°E-78.3’ S 29°41’E-78.5’ to B Lot 1 Block 1 15’ Public Access Easement "COTTON SURVEYING” and 5/8"IR/alum. cap \ "PAULSON SURVEYING, INC RPS 2099” limits of this exhibit plat, other than those shown and labeled. oy ce NTO eS See separate metes and bounds description prepared with this plat. 133 Pg- P.O.B. to IR found 270, variable R.O.W. State Hwy. 6 (Earl Rudder Fwy.) vol. — —= N 30°41'20"W-149.36' <4 (plat) | Survey Control Note: % City of CS GPS mon. no. 127 | Lo bears S 44°23'25” E — 2829.4’ soe oe from Point of Beginning (P.0.B.) to 5/8”IR/cap se SS No Cc 2S 3 | £ Proposed Easement lock 1, Lot 4—AR, Post Oak Mall Morgan Rector league A-—46 College Station, Texas EXHIBIT A-1 EXHIBIT A-2 Proposed Easement Lot 4-AR , Block 1 Post Oak Mall College Station , Texas November 2022 BASELINE .. ,..,..a ... ... ._._.~. All of that certain 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 Lot 4-AR, Block 1 of Post Oak Mall Subdivision as described by the re plat recorded in volume 15084, page 34 of the Official Public Records of Brazos County, Texas , generally being a variable-width strip of land in the east corner of Lot 4-AR, contiguous with the right-of-way lines of Holleman Drive and State Highway No . 6, and being more particularly described as follows: Beginning at 1 /2" iron rod with a yellow plastic cap stamped "KERR 4502" found at the east corner of said Lot 4-AR, at the intersection of a southwest right-of-way line of State Highway No. 6 and the northwest right-of-way boundary of Holleman Drive as dedicated by the said replat of Post Oak Mall Subdivision , from where City of College Station GPS monument no . 127 bears S 60 ° 11 ' 00" E-1015.2 feet ; Thence S 14° 17' 45" W-8 .33 feet , along a northwest right-of-way line of Holleman Drive to its intersection with the northwest line of that existing 30 ft . wide Utility Easement described in volume 390, page 735 of the Deed Records of Brazos County, Texas ; Thence S 42 ° 13' 03" W -506.43 feet , through said Lot 4-AR, along the said northwest line of the existing 30 ft . wide easement tract to its intersection with a southeast line of Lot 4-AR, being another northwest right-of-way line of Holleman Drive as dedicated by the said replat of Post Oak Mall Subdivision, from where a 1/2" iron rod with a yellow plastic cap stamped "KERR 4502" found at a point of curvature in the said right-of-way boundary bears N 51 ° 54 ' 41" E -94 .2 feet ; Thence S 51 ° 54 ' 41 " W -98.91 feet, along the said common Lot and right-of-way line , t o the west corner point of this described easement tract, from where a 1 /2" iron rod with a yellow plastic cap stamped "KERR 4502 " found at an angle point bears S 51 ° 54' 41 " W-78.2 feet; Thence N 38 ° 18 ' 05" E -576 .34 feet , through said Lot 4-AR , to an angle point of this described easement tract ; Thence N 30 ° 42 ' 15" W -84.00 feet, through said Lot 4-AR parallel and 50 feet from its northeast boundary and the said southwest right-of-way line of State Highway No. 6 , to a corner of this described easement tract ; Thence N 59 ° 17' 45" E -50 .00 feet , through said Lot 4-AR , to the most northerly corner of this described easement tract in the said common Lot and highway right-of-way line; Thence S 30 ° 42 ' 15" E -123.16 feet , along the said common Lot and highway right-of-way line , to the Point of Beginning and contain ing 0 .605 acre (26 ,334 sq . ft.) of land more or less. Bearings are Texas State Plane , Centr al Zone , NAD- 83(CORS) datum , based on City of College Station GPS control monuments no. 127 and no . 120 (S 43 ° 22 ' 14" W). See separate survey plat dated November 2022 . Proposed Easement - Lot 4-AR , Block 1, Post Oak Ma ll 170 1 Southwest Parkway, Suite 104, College Station, Texas 77840 I 979 .693.2777 I EXHIBIT A-2 BASELINE rar faa BS Gee Ee EVE Baseline | DCCM | TxSurv F-10030200 1701 SW Pkwy, Ste 104, College Station, TX 77840 979.693.2777 | BaselineSurveyors.net Nov. 0 20 50 10 i ls 1 1 "| Bearings are TX State Plane, Central Zone NAD83 datum, based on GPS observations checked to City of CS GPS control monuments no. 127 and no. 120 (S 43°22'14” W). All existing easements may not be shown. Title Commitment GF No. 222304 dated June 2022 from University Title Co. was relied upon for existing easement research. No existing easements listed with defined locations fall within the limits of this exhibit plat, other than those shown and labeled. See separate metes and bounds description prepared with this plat. ™~ Block 1, Post Oak Mall vol. x fjocss%evcccvvececseess HENRY P MAYO / / a ™ ™~ Lot 4—AR ™~ ~ N Lot 4—AR of the Subdivision ~ 15084, pg. 34 soneeteeedly vol. ™~ ™~ ™~ / / / / Replat of Lots 3 and 4 J ) Post Oak Mall Subdivision / vol. 529, pg. 17 Lot 3 Block 1 20' Utility Easements 517, pg. 689(plat) ™~ ™~ Block 1 15’ Public Access Easement | vol. 15084, pg. 34 (plat) 6 N 59°17°45°E / 50.00’ —123.16 E 84.00’ N 30°42715"W. variable—width R.O.W. State Highway No. S 30°42°15 30’ Utility Easement vol. 390, pg. 735 (CoCS) Additional R.O.W. Dedication vol. 15084, pg. 34 (plat) Survey Control Note: City of CS GPS mon. no. 127 bears S 60°11'00” E — 1015.2’ from Point of Beginning (P.O.B.) 30’ Utility Easement . 390, pg. 735 (CoCS) Lot 2A—R Lot 1A—R, Block One Lot 2A—R, Block One Lot 3—R, Block One Sutton Place 11610, pg. 1 Block One vol. 20 Proposed Easement Lot 4A—R, Post Oak Mall Lot 3-R Sutton Place vol. 401, pg. 402 Morgan Rector league A—46 Block One College Station, Texas 979.693.2777 | BaselineSurveyors.netBaseline | DCCM | TxSurv F-100302001701 SW Pkwy, Ste 104, College Station, TX 77840EXHIBIT A-2 EXHIBIT A-3 Proposed Easement Lot 5-A, Block 1 Post Oak Mall College Station, Texas November 2022 BASELINE ,..,,..,,..a,. ........ ..,. All of that certain 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 Lot 5-A, Block 1 of Post Oak Mall Subdivision as described by the replat recorded in volume 752, page 573 of the Official Records of Brazos County, Texas, generally being an L-shaped, variable-width strip of land in the southwest corner of Lot 5-A, contiguous with boundary lines of that 6.50 acre tract described in the deed to the City of College Station recorded in volume 389, page 28 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: Beginning at 1 /2" iron rod found at a west corner of said Lot 5-A, also being the inside corner of the said 6.50 acre tract, from where City of College Station GPS monument no. 127 bears N 82° 34' 40" E -2924. 7 feet; Thence N 42° 45 ' 30" E -350 .15 feet, along a common line of said Lot 5-A and the 6.50 acre tract, to a 1/2" iron rod found at an east corner of the 6.50 acre tract ; Thence S 47° 14 ' 30 " E -37.50 feet , through said Lot 5-A, to an east corner of this described easement tract; Thence S 42° 45' 30" W -323.13 feet, through said Lot 5-A, parallel and 37.50 feet southeast of a previously-described line , to an inside corner of this described easement tract; Thence S 48° 27' 17" E-333 .00 feet and S 47° 35 ' 09" E -503.14 feet, through said Lot 5-A, to the southeast corner of this described easement tract in the southeast boundary of Lot 5-A and northwest right-of-way boundary of Holleman Drive; Thence S 42° 18 ' 47" W-27.50 feet, along said common Lot and right-of-way line, to the most southerly corner of Lot 5-A and this described easement tract, from where a 1/2" iron rod found at the east corner of the U.S.D.A. Subdivision , as described by plat recorded in volume 8255, page 284 of the Official Public Records of Brazos County, Texas, bears S 46° 12 ' W -100.1 feet; Thence N 47° 52' 14" W-873 .82 feet , along a southwest line of said Lot 5-A and a northeast line of said 6 .50 acre tract, to the Point of Beginning and containing 0.850 acre (37,015 sq . ft.) of land more or less. Bearings are Texas State Plane, Central Zone , NAD- 83(CORS) datum, based on City of College Station GPS control monuments no . 127 and no. 120 (S 43° 22' 14" W). See separate survey plat dated November 2022 . Proposed Easement -Lot 4-AR, Block 1, Post Oak Mall Page 1 of 1 1701 Southwest Parkway, Suite 104, College Station, Texas 77840 I 979.693.2777 I TxSurv F-10030200 I Base lineSurveyors.net EXHIBIT A-3 —_—$ —_ — 4 — —_ —_— ~~ —10’ Electrical Easements _ — vol. 517, pg. 689 (plat) 2 — L— t- 15’ Electrical Easements City of College Station vol. 517, pg. 689 (plat) 6.50 acres vol. 389, pg. 28 oe a 230» a a or ~€& _ —_— — _ — = v ——- P.0.B 10’ Electrical Easement vol. 752, pg. 573 (plat) ‘ v Nov. 2022 20’ Electrical Easement \\. \ \ w/ 5’ added by plat 0 20 50 100 200 Ft vol. 752, pg. 573 Lot 5-B = l Block 1 ‘ \ Bearings are TX State Plane, Central \ Zone NAD83 datum, based on GPS \\ observations checked to City of CS \. GPS control monuments no. 127 \ \and no. 120 (S 43°22'14” W). Survey Control Note: City of CS GPS mon. no. 127 bears N 82°34’40” E — 2924.7’ from Point of Beginning (P.0.B.) ‘All existing easements may not be shown. Title Commitment GF No. 222304 dated June 2022 from University Title Co. was relied upon for existing easement research. No existing easements listed with defined locations fall within the limits of this exhibit plat, other than those shown and labeled. See separate metes and bounds Proposed Easement description prepared with this plat. 0.850 acre (37,015 sq.ft.) \ \ \ \ \ = 7) _> Lot 5-B \ < ~\ Block 1 Replat of Lot 4 & 5 \ oo NN \ Block 1, Post Oak Mall \ an ae vol. 7/52, pg. 5/3 \ \\\ Wt 4 Lot S—A fissstevecelendebseaseesooadeceell Block | HENRY P MAYO evogoecceccdsonre oeccccccacsoclf ‘ 04: ve ont s\ Apes: Prt a9 SUR e 4 \ \ By \ \ Mm \ NW" 6 ase | O68 Noy Block 1 g, WZ ee o. @ ce OD 0 on: ee herria Baer) ele lied fox) \, * NO} R a6 \ S 42°18'47°W fourid ¢ soo. to 27.50’ EXHIBIT A-3