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Home My WebLink About08-08-13-2L - Resolution - 08/08/2013 RESOLUTION DETERMINING PUBLIC NEED AND NECESSITY liliw RESOLUTION NO. OR-08-I3-2L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING PUBLIC NEED AND NECESSITY FOR THE CITY TO INITIATE, COMPLETE, AND ACQUIRE CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF FM 2818, JUST SOUTH OF VILLA MARIA ROAD (FM 1179) IN BRYAN, BRAZOS COUNTY, TEXAS FOR THE PURPOSE OF THE THIRTY INCH (30 ") TRANSMISSION LINE REINSTALLATION PROJECT; AUTHORIZING THE CITY AND ITS REPRESENTATIVES AND EMPLOYEES TO TAKE ANY AND ALL REASONABLE ACTIONS TO ACHIEVE SAME; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER. WHEREAS, the City of College Station, Texas ( "City ") is a home rule municipality duly incorporated and chartered under the constitution and laws of the state of Texas; and WHEREAS, the City is engaged in the Thirty Inch (30 ") Transmission Line Reinstallation Project (WF1344704) ( "Project "); and WHEREAS, such Project is for the public purpose of transporting the City's water supply; and C irr WHEREAS, such Project is located at or about the following physical location: west side of FM 2818, approximately three hundred fifty feet (350') south of Villa Maria Road (FM 1179) in Bryan, Brazos County, Texas; and WHEREAS, such Project will necessitate the acquisition of land as set forth in this Resolution; and WHEREAS, the City Council of the City desires to acquire land for the Project to achieve the aforesaid public purpose, and herein determines it to be in the best interest of its citizens and the general public to designate its lawful agents and representatives, including City staff, to achieve same, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the facts and recitations set forth in the preamble of this Resolution are hereby declared true and correct. PART 2: That the City Council of the City of College Station, Texas, herein determines it to be in the best interest of its citizens and the general public to commence the Thirty Inch (30 ") Transmission Line Reinstallation Project (WF1344704) located on at the west side of FM 2818, L approximately three hundred fifty feet (350') south of Villa Maria Road (FM 1179) in Bryan, Brazos County, Texas location for the public purpose of transporting the City's water supply and to take any and all reasonable action to achieve completion of the Project, including the acquisition of property. PART 3: That the Project will require the acquisition of an easement interest in the property as described in Exhibit "A" attached hereto and made a part of this Resolution ( "Property "). PART 4: That the City's representatives, agents, and staff are hereby authorized to acquire the Property pursuant to applicable law, including Chapter 2206 Texas Government Code and Chapter 21 Texas Property Code as same may, from time to time, be amended; and to specifically provide the Landowner's Bill of Rights to landowners, and to conduct such land appraisals as may be desired and as may be required by law. PART 5: That adoption of this Resolution shall not authorize the City's representatives, agents, and staff to proceed to condemnation without first obtaining express authority to condemn from the City Council. PART 6: That the City Manager is hereby authorized to direct and designate City staff and to contract with one or more agents or representatives as deemed cr. appropriate to act on behalf of the City to acquire the Property, including contracting with professional appraisers for appraisal services, and contracting with professional real estate agents to act as a land agent for the City relating to acquisition of the Property. PART 7: That the City Manager and his authorized designee be authorized to sell any surplus improvements and to order the removal or the demolition of any improvements that are located on the Property that in their determination hinder or are unnecessary to completion of the Project. PART 8: That this Resolution shall take effect immediately from and after its passage. ADOPTED this 8 day of G , A.D. 20 . ATTEST: APPROVED: City Secret AYW 'Q M (rov 2 APPROVED: ity A orney Attachment - Exhibit "A" • • 3 RESOLUTION NO. EXHIBIT "A" City of College Station Zeno Phillips League 10 -Foot Wide Waterline Easement Abstract No. 45 Whitworth Financial Inc. Tract 0.1611 Acre STATE OF TEXAS § COUNTY OF BRAZOS § A METES & BOUNDS description of a certain 0.1611 acre Waterline Easement (10 -foot wide) situated in the Zeno Phillips League, Abstract No. 45 in Brazos County, Texas; being a portion of the remainder of a 14.30 acre tract conveyed to Whitworth Financial, Inc. by a Warranty Deed with Vendor's Lien recorded in Volume 4370, Page 168 of the Official Public Records of Brazos County; said 0.1611 acre Waterline Easement being more particularly described as follows with all bearings being based on the Texas Coordinate System, Central Zone, NAD 83, as referenced the City of College Station Monument System; COMMENCING at a found 5/8 -inch iron rod (with cap stamped "Civil Concepts ") marking the northwest corner of said remainder of a 14.30 acre tract, being common with the south corner of Lot 2 of Block A, of the Plat of La Brisa, Phase IX recorded in Volume 597, Page 843 of the Deed Records of Brazos County, from which a found 1/2 -inch iron rod bears South 30 °32'10" East, 365.59 feet; THENCE, North 53 °05'16" East, along the northwest line of said remainder of a 14.30 acre tract being common with the southeast line said Lot 2 of Block A, of the Plat of La Brisa, Phase IX, 253.01 to a point; THENCE, North 53 °04'04" East, along said common line, 149.03 feet to a set 5/8 -inch iron rod (with cap stamped "Jones & Carter") marking the POINT OF BEGINNING of herein described 0.1611 acre Waterline Easement; THENCE North 53 °04'04" East, along said common line, 11.00 feet to a set 5/8 -inch iron rod (with cap stamped Jones & Carter), being in the west line of a City of College Station Public Utility Easement (PUE) recorded in Volume 6968, Page 60 of the Official Public Records of Brazos County; THENCE South 12 °18'57" East, along the west line of said City of College PUE, 424.44 feet to a set 5/8 -inch iron rod (with cap stamped Jones & Carter) marking the beginning of a curve to the right; THENCE, continuing along the west line of said City of College Station PUE, along the arc of said curve to the right having an arc length of 280.59 feet, a radius of 1183.56 feet, and a long chord bearing of South 05 °31'27" East, 279.93 feet to a set 5/8 -inch iron rod (with cap stamped Jones & Carter); THENCE North 88 ° 43'58" West, 10.00 feet to a set 5/8 -inch iron rod (with cap stamped Jones & Carter) marking the beginning of a curve to the left; Page 1 of 2 4 RESOLUTION NO. EXHIBIT "A" City of College Station Zeno Phillips League 10 -Foot Wide Waterline Easement Abstract No. 45 Whitworth Financial Inc. Tract 0.1611 Acre THENCE along the arc of said curve to the left having an arc length of 278.22 feet, a radius of 1173.56 feet, and a long chord bearing of North 05"31'27" West, 277.56 feet to a set 5/8 -inch iron rod (with cap stamped Jones & Carter); THENCE North 12 °18'57" West, 419.86 feet to the POINT OF BEGINNING, CONTAINING 0.1611 acre of land in Brazos County, Texas as shown on Drawing No. 1102 in the office of Jones & Carter in Bryan, Texas. S:\O- JobtC0135 KIT ProfessionalsSC0135 -002 West Villa Maria & 2818 Topo-SUE- EsrnC, SURVEY \DOCS • . rnr a 'ts . , <. DO U G I A S S $RAC.. ... 5576 Page 2 of 2 5 RESOLUTION NO. EXHIBIT "A" . i : N .- .,,, - . i i i ' e O13 8u 02&' -0 muR. oc5t41.2152ag M ix CO < d 11.1 Z 't -... < ce d 1 1 . I I Z 41 2 ..•‘; : i 1 i ).., , a z . 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