The URL can be used to link to this page

Home My WebLink About05-08-25-9.2 - Resolution - 05/05/2025RESOLUTION NO.05-08-25-9.2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING THAT A PUBLIC UTILITY EASEMENT CONTAINING TWO PARCELS TOTALING APPROXIMATELY 1.69 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 two tracts of land, totaling approximately 1.69 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 easement are attached hereto as Exhibit A and Exhibit B, 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, Resolution No. 05-08-25-9.2 Page 2 of 3 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: 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 a public utility 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, and that said offer was not accepted. Since the final offer was 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, 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. Since the final offer was 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 and any other person or entity who may have any interest in the Land. Resolution No. 05-08-25-9.2 Page 3 of 3 PASSED, APPROVED, AND RESOLVED this 8Ih day of May, 2025. John Nichols Mayor ATTES City Secretary APPROVED AS TO FORM: �AUL 9. Usw City Attorney Exhibit "A" BASELINE "I Proposed Easement Lot 4-AR, Block 1 Post Oak Mall College Station, Texas June 2024 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, being a variable -width strip through the southeast edge of Lot 4-AR, and being more particularly described as follows: Beginning at a small nail found in an X-mark in concrete at the south common corner said Lot 4- AR and Lot 5-A, Block 1 of Post Oak Mall as described by replat recorded in volume 752, page 573 of the Official Public Records of Brazos County, Texas, from where another X-mark found in concrete bears N 250 30' E — 0.61 feet, and City of College Station GPS monument no. 127 bears N 830 56' 52" E — 1530.2 feet; Thence N 44' 53' 30" E — 9.32 feet, along a southeast line of Lot 4-AR, being a northwest right- of-way line of Holleman Drive, to an X-mark found in concrete at a slight angle point; Thence N 420 23' 22" E — 226.26 feet, along another southeast line of said Lot 4-AR and right-of- way line of Holleman Drive, to a 1/2" iron rod with a yellow plastic cap stamped "KERR 4502" found at an angle point; Thence N 510 54' 41" E — 78.19 feet, along another southeast line of said Lot 4-AR and right-of- way line of Holleman Drive, to an angle point of this described easement tract, also being the west corner point of that 0.605 acre easement tract described in the judgment to the City of College Station recorded in volume 19244, page 202 of the Official Public Records of Brazos County, Texas, from where a 1/2" iron rod with a yellow plastic cap stamped "KERR 4502" found at a point in the boundary of Lot 4-AR and said right-of-way line bears N 51' 54' 41" E — 193.1 feet; Thence N 380 18' 05" E — 450.94 feet, through said Lot 4-AR along a northwest line of the said existing 0.605 acre easement tract, to the east corner point of this described easement tract; Thence S 430 37' 00" W — 495.50 feet, through said Lot 4-AR, to a slight angle point in the northwest boundary of this described easement tract; Thence S 44' 20' 00" W — 267.25 feet, continuing through said Lot 4-AR, to the most westerly corner of this described easement tract in a common line of Lot 4-AR and said Lot 5-A; Thence S 47' 37' 28" E — 38.48 feet, along the said common Lot line, to the pint of Beginning and containing 0.469 acres (20,408 sq. ft.) of land more or less. Bearings are Texas State Plane, Central Zone, NAD-83 �F•;9`' g ,g•�� a .cA datum, based on GPS observations checked to City of .................... College Station GPS control monuments no. 127 and no. HENRY P MAYO --., 120 ( 43 22' 14 W). -- , 5045 See separate survey plat dated June 2024. NW Proposed Easement — Lot 4-AR, Block 1, Post Oak Mall Page 1 of 1 1701 Southwest Parkway, Suite 104, College Station, Texas 77840 1 979.693.2777 1 TxSury F-10030200 1 Basel ineSurveyors.net TNI Baseline I DCCM I TxSury F-10030200 \ 1701 SW Pkwy, Ste 104, College Station, TX T7840 \ 979.693.2777 I Basel i neSurveyors.net Replat of Lots 3 and 4 — Block 1 Post Oak Mall Subdivision Q I vol. 529, pg. 17 Block 1, Lot 4—AR of the— J Post Oak Mall Subdivision / 15' Public Access Easement vol. 15084, pg. 34 / / vol. 15084, pg. 34 (plat) / / Lot 3 Block 1 V / Replat of Lot 4 & 5 Block 1, Post Oak Mall vol. 752, 573 P9 / / \ \ / —2o Utility Easements / a,056 i Lot 4—AR \ \ vol. 517, pg. 689(plat) `\ \ N� Stn9 EXw'-t'Di i/p �R/co "KERR 4, found 11 61) , g2ga, Pto coos—)—�s o2,. Proposed Easement "'44 \ \ 0.469 acre 20,408 s .ft. q'i31...::::::::::::. 9 30' Utility Easement q f/� :„ 45 \ / / o vol. 390, P9. 735(CoCS) \ i -� N$Q�\/ \ Owe Additional R.O.W. Dedication p��OmaC� n P cep vol. 15084, Pg. 34 (plat) C Lot 5—A — Block 1 261� .:.... i' r°� — ' kFRia kRR aS'°4 s00 ot Lea \ \ \ \ SurveyControl Note::N 51'54'41 "E� / \ \ \ City of CS GPS man. no. 127 �� cP aP:::_: :_:; :_:;::_:::::::: - 6 Z6 �FPo/ 78. 9' i \ \ \ bears N 83'56'52" E — 1530.2' \ \ from Point of Beginning (P O.B) P O B. \ \ \ \ Nall in X—mark found In cone ICOCsi QC0 \ \ \ \ (honored as Lot corner) _ _._k\�._ / 30, 9 pg. �sj U{{fir Pew 402 Lot 2A—R \ \ Peg to R�°oP makE o61k. io'fO`d e° „w,29� 83 other N 2532_ ,yo °°` Lot 1 A—R, Block One ptiC S��m °O\ \ \ \ 5+r�� Lot 2A—R, Block One RpS 2p�Frf < °�' Lot 3—R, Block One O(\ Je i Sutton Place vol. 1 1610, pg. 120 No\\ Lot 3—R Lot 5 Lot 4 Block One Block One Sutton Place vol. 401, pg. 402 Lot 2 Block 2 Replat of Post Oak Mall vol. 517, pg. 689 L June 2024 0 20 50 100 1W 200 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 Title Co. was relied upon for existing easement research. See separate metes and bounds description prepared with this plat. Proposed Easement Lot 4—AR, Post Oak Mall Morgan Rector league, A-46 College Station, Texas Exhibit "B" BASELINE �.C...`.: Proposed Easement Lot 5-A, Block 1 Post Oak Mall College Station, Texas June 2024 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, being a variable -width strip of land through the southeast edge of Lot 5-A, and being more particularly described as follows: Beginning at a small nail found in an X-mark in concrete at the south common corner said Lot 5-A and Lot 4-AR, Block 1 of Post Oak Mall Subdivision as described by replat recorded in volume 15084, page 34 of the Official Public Records of Brazos County, Texas, from where another X-mark found in concrete bears N 250 30' E — 0.61 feet, and City of College Station GPS monument no. 127 bears N 830 56' 52" E — 1530.2 feet; Thence along the southeast boundary lines of said Lot 5-A, also being northwest right-of-way lines of Holleman Drive, as follows: S 440 12' 27" W — 290.87 feet to an iron rod with an aluminum cap stamped "PAULSON SURVEYING, INC. RPS 2099" found at an angle point; S 420 20' 17" W — 455.00 feet to an iron rod with an aluminum cap stamped "PAULSON SURVEYING, INC. RPS 2099" found at an angle point; S 400 24' 49" W — 300.13 feet, to a slight angle point; and S 42' 18' 47" W — 12.12 feet, to the most southerly corner of this described easement tract and the most easterly corner of that 0.850 acre easement tract described in the judgment to the City of College Station recorded in volume 19244, page 202 of the Official Public Records of Brazos County, Texas, 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 45' 22' W — 127.6 feet; Thence N 47' 35' 09" W — 75.93 feet, through said Lot 5-A along a northeast line of the said existing 0.850 acre easement tract, to the most westerly corner of this described easement tract; Thence N 440 20' 00" E — 1058.36 feet, through said Lot 5-A, to the most northerly corner of this described easement tract in a common line of Lot 5-A and said Lot 4-AR; Thence S 47' 37' 28" E — 38.48 feet, along the said common Lot line, to the Point of Beginning and containing 1.221 acres (53,172 sq. ft.) of land more or less. _�_ _ s are Texas State Plane, Central Zone, NAD-83 .�• �O* rt� Bearings ,�P•��s TF •• ; datum, based on GPS observations checked to City of College Station GPS control monuments no. 127 and no. ............ .........:.... 120 (S 43° 22' 14" W). HENRY P MAYO ........... ;... D 5045 See separate survey plat dated June 2024. Proposed Easement — Lot 5-A, Block 1, Post Oak Mall Page 1 of 1 1701 Southwest Parkway, Suite 104, College Station, Texas 77840 1 979.693.2777 1 TxSury F-10030200 1 Basel ineSurveyors.net 7/z.,R fo "a 5/8'1R/11 ° OARLO P found \ RPLS �i 'C 0 Lot 3 Lot 4 City of College Station 6.50 acres vol. 389, pg. 28 Gig Tfew ••.• •••�•• • Block 1, Lot 4—AR of the \ \ \ June 2024 HENRY P MAYO Post Oak Mall Subdivision ...::��...............v.... vol. 15084, pg. 34 / 5045 C\ \ \ 0 20 50 100 200 Ft �.9'.0ftSS%0+�Q \ Lot 5—B \ \ i--i " r-I I �yd••'..... M \ Lot 5—A \\ Block 1 \ Bearings are TX State Plane, Central SV'� Block 1 \\ \ \ 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. Lot 5—A / Title Commitment GF No. 222304 \ \ Block 1 dated June 2022 from University \V / Title Co. was relied upon for existing easement research. See separate metes and bounds \ / / / Lot 4—AR \ \ \\ description prepared with this plat. \ \ 11 / Lot 5—B Block 1/ Replat of Lot 4 & 5 Block 1, Post Oak Mall vol. 752, pg. 573 20' & 10' Utility Easements \ \ \ \ \ \ \ 1 1 vol. 752, pg. 573 (plat) 4)� a,� �QA \ \ ' ' ' ' ' ' � �'�'�' � another X—mark found in conc. N 25'30'E-0 61' 0 1 \ P.O.B. N °r. Lot 5—A \ \ \ ::::: ::` �p 10' Easement (for gas) AI Block 1 \ \ vol. 814, pg. 753 (Enserch) AV A \ ��A Proposed Easement 5 f' \ .�: - --- �� \ 1.221 acres (53,172 sq.ft.) Survey Control Note: 1058 36� a City of CS GPS man. no. 127 o bears N 83'56'52" E — 1530.2' 4�20' from Point of Beginning (P.O.B.) 0 \ \ \ Q,� rn N :::::::::: is [:::.:.:.: ::[:::::::: i:::: J�ryo� Existing Easement Q L � 0 80 (0.850 cc. Exhibit A-3) \ � 0' 9 Vol.f�19244, pg 202 20' Utility Easement (bv iudament to COCS) vol.P9 752, 573 (Plat) \ ..\ ' .. _..'11w 2,QP�G Lot 4 �/`::c::::::::c:c:c:c: :ccc:% Q Replat of 5 45, 22 w\R 2�5� Post Oak Mall a d 26 � t° s 4i 2 82 7" W Lot 1 o vol. 517, pg. 689 \ Block 2 Lot 2 Block 2 Block One Sutton Place vol. 401, pg. 402 )sed Easement Post Oak Mall Morgan Rector league, A-46 College Station, Texas