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Home My WebLink About10-24-13-2e - Resolution - 10/24/2013 RESOLUTION DETERMINING PUBLIC NEED AND NECESSITY RESOLUTION NO. tO - 2q" 13 2e. 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 NORTHEAST SIDE OF HOLLEMAN DRIVE SOUTH, ACROSS FROM ITS INTERSECTION WITH SADDLE LANE IN COLLEGE STATION, BRAZOS COUNTY, TEXAS FOR THE PURPOSE OF THE FIBER OPTIC INFRASTRUCTURE PROJECT AND 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 Fiber Optic Infrastructure Project (CO -0902) C mp, ( "Project "); and WHEREAS, such Project is for the public purpose of providing data connectivity to City facilities to facilitate delivery and operations of City services including water supply, electric operations and traffic control; and WHEREAS, such Project is located at or about the following physical location: Extending along a route starting at the Dowling Road Pump Station and ending at the College Station Utilities Building on Graham Road in College Station, 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, (Ilow Legal Approved Form 03/15/13 1 Fiber Optic Infrastructure Project 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 Fiber Optic Infrastructure Project (CO- 0902), which extends along a route starting at the Dowling Road Pump Station and ending at the College Station Utilities Building on Graham Road in College Station, Brazos County, Texas for the public purpose of rerouting the City's fiber network to achieve greater effectiveness and enhance survivability of the network, 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 of the Texas Government Code and Chapter 21 of the 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 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. Legal Approved Form 03/15/13 2 Fiber Optic Infrastructure Project ADOPTED this day of Vehthe.4_, , 2013. ATTEST: APPROVED: City Secret ' Mayor APPROVED: City Attorney Attachment - Exhibit "A" 4110 Legal Approved Form 03/15/13 3 Fiber Optic Infrastructure Project Exhibit "A" Joe Orr, Inc. surve & Engineers Post Office Box 11979 College Station, Texas 77842 -1979 (979) 693-2777 Proposed 20' Easement Butler Family 69.37 ac. Tract Crawford Burnett league A -7 College Station, Texas August 27, 2013 All that certain tract or parcel of land lying and being situated in the Crawford Burnett league, Abstract no. 7, in College Station, Brazos County, Texas, being a 20 fi. wide strip of land along the northwest boundary of that 69.37 acre tract conveyed to J & J Butler Family Partnership, Ltd. by deeds recorded in volume 7551, pages 41, 43, 45 and 48 of the Official Public Records of Brazos County, Texas, and being more particularly described as follows: Commencing at a 3/8" iron rod found at the north corner of the said 69.37 acre tract, in the southwest line of Old Wellborn Road (Old Highway 6), also being the east corner of that 2.33 acre tract conveyed to Edsel G. Jones by deed recorded in volume 2646, page 286 of the Official Public Records of Brazos County, from where another 3/8" iron rod found at the east comer of the 69.37 acre tract bears S 47° 02' 44" E — 1806.09 feet and City of College Station GPS control monument no. 10 bears S 36° 23' 28" E — 6415.9 feet; Thence S 44° 58' 06" W — 14.62 feet, along the common line of said 69.37 acre tract and said 2.33 acre tract, to the west comer of that existing public utility easement described in volume 7047, page 265 of the Official Public Records of Brazos County. Texas, being the point of beginning of this easement tract; Thence S 44° 58' 06" W - 785.90 feet, along the common line of said 69.37 acre tract and said 2.33 acre tract and that 17.27 acre tract conveyed to Edsel G. Jones by deed recorded in volume 3841, page 187 of the Official Public Records of Brazos County, to a 5/8" iron rod found with a yellow plastic cap (stamped text illegible) found marking an angle point; Thence S 45 35' 30" W — 558.95 feet, continuing along the common line of said 69.37 acre tract and said 17.27 acre tract, to its intersection with the northeast right -of -way line of Holleman Drive South as described in deed to Brazos County recorded in volume 5539. page 57 of the Official Public Records of Brazos County, Texas, from where a 1/2" iron rod found at the former south corner of the Jones tract bears S 45° 35' 30" W — 104.3 feet, and 1/2" iron rods with yellow plastic caps stamped "STRONG RPLS 4961" were found N 22° 03' 44" W — 760.34 feet and S 22° 03' 44" E — 1777.4 feet; Thence S 22° 03' 44" E — 21.62 feet, along the said northeast line of Holleman Drive South, to the most southerly corner of this easement tract; Bader Family Tract 20' Easement Page 1 of 2 4 Legal Approved Form 03/15/13 Fiber Optic Infrastructure Project Exhibit "A" Thence through the said 67.37 acre tract, 20 feet southeast and parallel to its common line with the said Jones tracts as follows: X145 35' 30" E — 567.28 feet to an angle point of this easement tract; N 44° 58' 06" E - 786.72 feet to the most easterly corner of this easement tract in the southwest line of the said existing public utility easement (vol. 7047, pg. 265 ); Thence N 47° 02' 44" W -- 20.01 feet, along the southwest line of said existing easement, to the Point of Beginning and containing 0.620 acres of land more or less. Bearings are Texas State Plane, Central Zone >'�� -- NAD83 ( datum, based on City of CS GPS control , : „ate monuments nos. 1 and 10 (S 31° 57' or E) �. �c 6 6V.:9 f G at See the Survey Plat dated August 2013, prepared with this E HENRY P MAYO description. � �y 504L N t '7 1 Butler Family Tract 20' Easement Page 2 of 2 Legal Approved Form 03/15/13 5 Fiber Optic Infrastructure Project 0 Exhibit "A" " , .�'1 JOE _ ORR, INC. "'^� <•.�.::>•.. V � , Q' 1 •..• SWR1FYr)RS A OrGGN6CRS F.M. 2 r 54 r L �e \� '' CG ipsye E tpn 7°rns7T /9a2.7a97D er k Wellborn R a 0 f t` � . ,,t w.w. " pee ra a g.edrrrn ,y an++ tv� P'R"�•'y h-�v h,.13 1 Nxo .._ Unto - Po - ocrfl0 Roilroad .._._. Note _ �- — < Old Ye ib) r 4�0 f t"Id nwol 8 CS CPS mar 110, ' c. bears 7/ y S 4 X 02'4. 806, 4ti S p is r:pt ve R 0. iY. 3 8 "!ft to q 5 36°23'26'E-6415 9' tram the �= _ - tut errs& — _.� .._ Paint of Commencement ;1 r e 1'" _ --• __ . — - , . 1 14 4 r Q2 44'W ' 4 5 # public utility easement p 4.' 4 , I 20.0 ?' vol 7847 P. 255 (CoCS) p ,o ,, --2G' electrical easement vc1. 2396. pg. 333 (Cog) -- v__..__._. ._ _..w.__ Edsel ones r t ( Note, I 2.3 . 3 acres I This proposed easement covers the / f / lvol. 2 - 646, g. 286 &.amt- area within the Butler kract. O which the e exrntin City of College } , =/ � ', , 4 i J Station waterline easerr er's cover. I ' w a'rrline easement ! i411Pt,r' "� 1 4. vol. 553. pg. 480 (GoCS) HENRY P MAYO co Proposed .'" 7".. " "'........ `•., l m 20' Easement 3 c ii4 No .0 Q r. .c I., 0.620 acres To `� c e,t.4• . c� • F S 1.1 ft , v . .—'CI electrical easement ° r „- ,` 9 vat 631, pg. ' 34 (CoR) Edsel 0 Jones v f J & J Butler Family Partnership, Ltd. 7.27 acres 69.37 acres Vol. 3841, Pa. t w. -. ,, ..._._. -- xry barbed - .;re m vol. 7551. pgs. 41, 43, 45 & 48 • too .":20. ' w1VW ti 20' waterline easement vcl. 553, p9. 487 (CoCS) Note a , 1ffi < U Aug. 20' 3 • lir iron rods sere 'curd along alt :, tts rortheaet Yee of Hnlbrnor 3. S. 7) � `,„ •!cope stamped `STe0INC 11 s 4551' •n ,_ 100 200 400 Ft 102 ... 1-1 1 t 1 ej er r ter i Reorings are Tares State Flare, Central ? ' * 1 ,. er _ r Zane "A083(CORS) dat based on 0 p„, 'a; i+i ,.' f ' t • of CS GP:, control mcnumerts _' :,1e �S,r otooA - ; o no;. 1 and ?Q (S 3 + '`i'08 E). . ° ` • ;c ' 9 S e v See separate metes and bounds , \ 01 6,5 4 9 r v ° descriptions prepared with this plat. ' ..Yr °02 Proposed 20' Easement c o w s ,, , c w :, '' °n "� res 'e „, 'a �' Butter Family Tract ,,, ; ., ,,,,, ,� ? ter. .rX s, -.F Crawford Burnett Lge. A -7 ti 7 t a' , o7` *' 'c'~ °? Reserve Tract 2 Z),/ / s y , AI ,y v hr, Quoit Run Esto:es Phase I ''/ c 'he. ` eo ' p . e ' Alo bos Vol. 351. Pg. 56/ � e j / ',.1 i ""`' � a 3• c //e,, ,,, . Q' °)e, h W 3 4/,' r ° I, a / / Res. Traci 3 - ,, 4 ? ) Y e i6, 44 Qri ` , ' s. ,./ or // Quail Rur Estates /' �. \.\ ,V e e. n g vol. R2_ . i g. 49 > SJ fi o 2y5 ■ I �l j �- °9. o ,Y� h rca 11) Legal Approved Form 03/15/13 6 Fiber Optic Infrastructure Project