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Home My WebLink About11-19-12-2p - Resolution - 11/19/2012 AMENDMENT TO RESOLUTION DETERMINING • PUBLIC NEED AND NECESSITY RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, AUTHORIZING AN AMENDMENT TO RESOLUTION NO. 03 -22- 2012 -2b DETERMINING PUBLIC NEED AND NECESSITY BY REPLACING THE PROPERTY DESCRIPTIONS OF THE RESOLUTION WITH NEW PROPERTY DESCRIPTIONS. WHEREAS, the City Council of College Station, Texas ( "City ") adopted Resolution No. 03-22 -2012- 2b on March 22, 2012, determining public need and necessity to acquire easement interest in certain property for the Royder /Live Oak Sewer Extension Project (the "Property "); and WHEREAS, the City desires to substitute and replace the descriptions of the Property contained in Resolution No. 03 -22- 2012 -2b with new descriptions for the Property; now therefore; BE IT RESOLVED by the City Council of the City of College Station, Texas: PART 1: That the City Council of the City of College Station, Texas, hereby officially determines that the Property described in Exhibit "A ", which is attached to this • resolution, shall, upon execution of this resolution, substitute and replace the previously approved Property in its entirety and shall become incorporated in the above referenced resolution as though written fully therein. PART 2: That all other parts of Resolution No. 03 -22- 2012 -2b shall remain unchanged. PART 3: That this resolution shall take effect immediately from and after its passage. ADOPTED this / day of A Liu, , A.D. 2012 . ATTEST: APPROVED: ,A ..AL. Secretar ' MAYOR APPROVED: /._ i _i . IAJ/ /i1 City Attorney EXHIBIT "A" Being all those parcels or tracts of land necessary to install a wastewater system and other public utilities located along a route that will extend southward from a point southeast of the FM 2154 / Barron Cut -off Road intersection, across the Wellborn Baptist Church property, continuing along McCullough Road, Live Oak Street and Royder Road, and terminating at the Creek Meadows Lift Station located near the intersection of Royder Road and Greens Prairie Trail in southern College Station, Brazos County, Texas. Said route is depicted on the map attached hereto and made part hereof. The easement tracts or parcels needed for the project may be acquired from the following lands: Landowner (Now or Formerly): WELLBORN BAPTIST CHURCH, INC. Brazos County Appraisal District Property ID: 15653 Street Address: 3768 McCullough Road, College Station, Texas Legal Description: Being all that certain lot, tract or parcel of land being situated in the Andrew McMahon Survey, Abstract No. 167, College Station, Brazos County, Texas; and being the 8.43 acre Tract One and 1.11 acre Tract Two described in the Warranty Deed from Wellborn Baptist Church to Wellborn Baptist Church, Inc. recorded in Volume 6271, Page 20, Official Records of Brazos County, Texas. Landowner (Now or Formerly): FSI RENTALS, LLC Brazos County Appraisal District Property ID: 47082 Street Address: 14761 FM 2154, College Station, Texas Legal Description: Being all that certain lot, tract or parcel of land being situated in the Andrew McMahon Survey, Abstract No. 167, College Station, Brazos County, Texas; and being Parts of Lots 4 and 5, Benjamin Graham Subdivision, according to the plat recorded in Volume 12, Page 394, Deed Records of Brazos County, Texas; being the same lot, tract or parcel described in the Assumption Warranty Deed from Trey Baumgarner and wife, Melissa Baumgarner to FSI Rentals, LLC recorded in Volume 7881, Page 273, Official Records of Brazos County, Texas. and Being all that certain lot, tract or parcel of land situated in the Andrew McMahon Survey, Abstract No. 167, College Station, Brazos County, Texas; and being Lot 6, Baptist Church 1.0 acre tract, and part of Lot 5, Benjamin Graham Subdivision, according to the plat recorded in Volume 12, Page 394, Deed Official Records of Brazos County, Texas; being the same 2.23 acre tract described in the Assumption Warranty Deed from Trey Baumgarner and wife, Melissa Baumgarner to FSI Rentals, LLC recorded in Volume 7881, Page 280, Official Records of Brazos County, Texas. Landowner (Now or Formerly): ADAM ROYDER LODGE No. 778, A.F. & A. M. of TEXAS Brazos County Appraisal District Property ID: 89963 Street Address: 4028 Church Street, College Station, Texas Legal Description: Being all that certain lot, tract or parcel of land situated in the Andrew McMahon Survey, Abstract No. 167, College Station, Brazos County, Texas; and being Lot 3, Block G, Benjamin Graham Subdivision, according to the plat recorded in Volume 12, Page 394, Deed Records of Brazos County, Texas; being the same lot, tract or parcel described in the Agreement to Amend Conditions of Deed by and between Methodist Church and Adam Royder Lodge No. 778, A.F. & A.M. of Texas recorded in Volume 1894, Page 313, Official Records of Brazos County, Texas. Landowner (Now or Formerly): WELLBORN BAPTIST CHURCH Brazos County Appraisal District Property ID: n/a Street Address: n/a Legal Description: Being all that certain lot, tract or parcel of land situated in the Andrew McMahon Survey, Abstract No. 167, College Station, Brazos County, Texas; and being a variable -width strip of land through that portion of the one acre tract conveyed to Trustees of the Wellborn Baptist Church by deed recorded in Volume 11, Page 172, Deed Records of Brazos County, Texas, which was not included in the 2.23 acre tract conveyed by the trustees of said church to Trey E. Baumgarner by deed recorded in Volume 6627, Page 116, Official Records of Brazos County, Texas. Landowner (Now or Formerly): JACK E. WINSLOW, JR. and DONNA E. WINSLOW Brazos County Appraisal District Property ID: 47078 Street Address: 14942 Live Oak Street, College Station, Texas Legal Description: Being all that certain lot, tract or parcel of land situated in the Andrew McMahon Survey, Abstract No. 167, College Station, Brazos County, Texas; and being Lots 9, 10, 11 and 12, Block B, Benjamin Graham Subdivision, according to the plat recorded in Volume 12, Page 394, Deed Records of Brazos County, Texas; being the same lot, tract or parcel described in the Warranty Deed from Robert G. Neelley, Jr. to Jack E. Winslow, Jr. and Donna E. Winslow recorded in Volume 6969, Page 215, Official Records of Brazos County, Texas. Landowner (Now or Formerly): SOUTH WELLBORN, LTD Brazos County Appraisal District Property ID: 47072 Street Address: 14973 FM 2154, College Station, Texas Legal Description: Being all that certain lot, tract or parcel of land situated in the Andrew McMahon Survey, Abstract No. 167, College Station, Brazos County, Texas; and being Lots 4, 5, 6 and 11 and Part of Lot 10, Block A, Benjamin Graham Subdivision, according to the plat recorded in Volume 12, Page 394, Deed Records of Brazos County, Texas; being the same Tract Two and Tract Four described in the Warranty Deed with Vendor's Lien from Lillian Ruth Brown and Glenda Mae Brown Goodman to South Wellborn, Ltd. recorded in Volume 8819, Page 82, Official Records of Brazos County, Texas. Landowner (Now or Formerly): CREEK MEADOWS HOMEOWNERS ASSOCIATION Brazos County Appraisal District Property ID: 347836 Street Address: 15711 Timber Creek Lane, College Station, Texas Legal Description: Being all that certain lot, tract or parcel of land situated in the Andrew McMahon Survey, Abstract No. 167, College Station, Brazos County, Texas; and being the Private Park and Drainage Area, Creek Meadows, Section 5, Phase 1, an addition to the City of College Station, according to the plat recorded in Volume 8989, Page 39, Official Records of Brazos County, Texas.