HomeMy WebLinkAbout01-28-10-2j - Resolution - 01/28/2010RESOLUTION NO. 01- 28 -10 -2j
RESOLUTION DETERMINING NEED
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION;
TEXAS, RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE,
AND ACQUIRE, BY PURCHASE OR CONDEMNATION, RIGHT -OF -WAY AND
EASEMENT INTEREST IN CERTAIN PROPERTY FOR AN AUTHORIZED PUBLIC
PURPOSE AND USE, SAME BEING THE CONSTRUCTION, MAINTENANCE AND
OPERATION OF THE SOUTHWOOD 5 -7 WATER AND WASTEWATER
REHABILITATION PROJECT; (2) A DECLARATION THAT PUBLIC NECESSITY EXISTS
FOR THE CITY TO ACQUIRE SUCH INTEREST, THROUGH PURCHASE OR
CONDEMNATION; AND (3) ESTABLISHING PROCEDURES FOR THE ACQUISITION
OF SUCH INTEREST IN THE PROPERTY.
WHEREAS, the City of College Station, Texas ( "City ") is a home rule municipality duly
incorporated and chartered under the Constitution and laws of Texas; and
WHEREAS, the City owns, operates, constructs, repairs and maintains a city water and
wastewater system as a public service; and
WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the city
water and wastewater system is a benefit to the public; and
WHEREAS, the City, through a condemnation proceeding, may exercise the power of eminent
domain to acquire property in order to carry out the ownership, operation, construction, repair,
and maintenance of its water and wastewater system pursuant to Chapter 251 of the Texas Local
Government Code, Chapter 21 of the Texas Property Code, and Article II of the City's Charter;
and
WHEREAS, the City is engaged in the following project regarding the rehabilitation and
replacement of the city water and wastewater system's infrastructure, facilities, and
improvements, Southwood 5 -7 Water and Wastewater Rehabilitation Project (the "Project "); and
WHEREAS, the City determines that the best interests and needs of the public, including the
health, safety and welfare of the public, require that the City complete the Project, through the
City's acquisition, by purchase or condemnation proceeding, of the right -of -way and easements
as provided in Exhibit A, attached hereto and incorporated herein by reference for all purposes
(the "Right -of -Way and Easements "); now, therefore;
Resolution No. 01- 28 -10 -2j
I
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 there is a public necessity for the Right -of -Way and Easements,
and the public welfare and convenience will be served by the acquisition of the
Right -of -Way and Easements.
PART 2: That the City Manager is hereby authorized to contract, on behalf of the City of
College Station, with a professional appraiser for the appraisal services, with a
professional real estate agent to act as a Land Agent for the City and with
attorneys for preparation of title opinions needed by the City from time to time in
connection with acquisition of the Right -of -Way and Easements.
PART 3: That the City's Land Agent or other staff appraiser is hereby authorized and
directed to examine the independent appraisal reports as they are submitted to the
City to determine whether said appraisal reports are supported by sufficient data.
Based upon such examination of said appraisal reports, the Land Agent or other
staff appraiser shall make a recommendation to the City Manager as to the
establishment and approval of the amount of the just compensation for the Right -
of -Way and Easements.
PART 4: After consideration of said recommendation, the City Manager shall establish and
approve the amount determined for acquisition of the Right -of -Way and
Easements.
PART 5: Upon establishment and approval by the City Manager of the amount of just
compensation for the acquisition of the Right -of -Way and Easements, the City's
Land Agent or other staff appraiser is authorized to communicate a written offer
to the property owners for the acquisition of such interest at the full amount
determined and established to be just compensation therefore and to negotiate
with said owners on behalf of the City.
PART 6:' That the Mayor after approval by City Council, or the City Manager as delegated,
is hereby authorized to execute all documents necessary to acquire said Right -of-
Way and Easements for the Project, on behalf of the City of College Station.
PART 7: That, if necessary, and should a property owner fail to accept a bona fide, good
faith offer from the City to purchase the required Right -of -Way and Easements,
City representatives shall have the authority to initiate and complete
condemnation proceedings against said owner, in order to acquire through
condemnation all required property interests and title regarding such property.
PART 8: That the City Manager be and is hereby authorized to sell any such surplus
improvements, or order the demolition thereof, if any, located on the real property
acquired in connection with this Project.
Resolution No. 01- 28 -10 -2j
PART 9: That this resolution shall take effect immediately from and after its passage.
ADOPTED this 28th day of January , A.D. 2010.
ATTEST:
City Secretary
APPROVED:
MAYOR
APPROVED:
l4A i /;/ i/11
City Attorney
EXHIBIT "A" TO RESOLUTION DETERMINING NEED
Being a variable width strip of Permanent Public Utility Easement extending along and across
the following tracts of land, the alignment of said easements being generally depicted by the
attached project map.
Tax ID Property Owner
(current of former)
Legal Description & Deed Reference
(Brazos County Official Records)
R96918 College Station ISD
Lot 1, Block 1, Athletic Complex
Volume 1140, Page 497
Being a twenty foot (20') wide strip of Temporary Construction Easements extending along and
across the following tracts of land, the alignment of said easements being generally depicted by
the attached project map.
Tax ID Property Owner
(current of former)
Legal Description & Deed Reference
(Brazos County Official Records)
R42248 College Station ISD
R42248 College Station ISD
Tract 1, Southwood, Section Five
Volume 281, Page 137
Tract 1, Southwood, Section Five
Volume 281, Page 137
R20757 Price, Penelope S. Lot 1, Block 1, Camelot Addition, Section
One
Volume 289, Page 553
Being a ten foot (10') wide (variable) strip of Permanent Public Utility Easements extending
along and across the following tracts of land, the alignment of said easements being generally
depicted by the attached project map.
Tax ID Property Owner
(current of former)
Legal Description & Deed Reference
(Brazos County Official Records)
R42206 Adkins, William G.
R42376 Jones, Harry L.
Rem. of 10 acres, Crawford Burnett
League, Abstract No. 7
Volume 264, Page 107
Lot 1, Southwood, Section Ten
Volume 301, Page 73
Being a twenty foot (20') wide strip of Permanent Public Utility Easements extending along and
across the following tracts of land, the alignment of said easements being generally depicted by
the attached project map.
Tax ID Property Owner
(current of former)
Legal Description & Deed Reference
(Brazos County Official Records)
R42438 Mikeska, Mary A. and
Cherly D. (current)
Lot 12, Block 7, Southwood, Section 20
Volume 326, Page 717
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Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 693 -2777
Proposed Easement
Lot 1, Block 1 — Athletic Complex
Crawford Burnett League A -7
College Station, Texas
16 December 2009
All that certain tract or parcel of land situated in the Crawford Burnett league, abstract no. 7,
in College Station, Brazos County, Texas, being a part of Lot 1, Block 1 of the Athletic
Complex subdivision described by plat recorded in Volume 1140, Page 497 of the Official
Records of Brazos County, Texas, lying between two existing 20' utility easements and
extending from the end of Christine Lane to an existing 10' utility easement along Welsh
Avenue, all as shown on said plat, and being more particularly described as follows:
Beginning at a point in the approximate middle of the northeast end of Christine Lane, from
where a bent `` /z" iron rod was found N 47° 14" W — 19.8 feet, marking a west corner of said
Lot 1 in the northwest line of Christine Lane, and from where the City of College Station
GPS monument no. 220 bears N 8° 10' 22" W — 3665.7 feet.
Then N 42° 12' 09" E — 158.69 feet, along the southeast line of an existing 20' utility
easement, to an angle point;
Thence N 42° 05' 53" E — 289.54 feet, continuing along the southeast line of said easement,
to the intersection with an existing 10' utility easement adjoining the southwest line of
Welsh Avenue, and from where a `` /z" iron rod with a plastic cap stamped "TAGGART RPLS
5676" was found N 19° 15' 43" E — 22.79 feet at the north corner of said Lot 1;
Thence S 45° 17' 26" E — 28.14 feet, along the southwest line of said 10' easement, to the
east corner of this tract;
Thence S 43° 29' 12" W — 259.41 feet, along the northwest line of another 20' utility
easement, to an angle point;
Thence S 42 50' 09" W — 187.76 feet, continuing along the northwest line of said second
20' utility easement, to a corner of said Lot 1 at the end of Christine Lane;
Thence N 47 30' 38" W — 19.70 feet, along the said end of Christine Lane, to the Point of
Beginning and containing 0.238 acres of land more or less.
Bearings are Texas State Plane, Central Zone NAD83(1986)
datum, based on 1994 City of College Station GPS control
monument no. 120 and no. 220 (S 61 34' 32" W).
See separate survey plat dated Dec. 2009.
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Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 693 -2777
Proposed Temporary Easement (no. 1)
Tract 1 — Southwood Section Five
Crawford Burnett League A -7
College Station, Texas
17 December 2009
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 part of Tract 1 in
the Southwood Section Five addition according to plat of record in Volume 281, Page
137 of the Deed Records of Brazos County, Texas, being an easement twenty feet (20')
in width lying along the southeast right -of -way line of Nueces Drive at the intersection of
Leona Drive and being more particularly described as follows:
Beginning at a point, in the southeast line of Nueces Drive, located N 44° 38' 31" E —
485.96 feet from the radius point in said line of Nueces Drive at Welsh Avenue.
Thence N 44° 38' 31" E — 30.00 feet, along said right -of -way line, to the north corner of
this tract from where the City of College Station GPS monument no. 220 bears N 22° 54'
38" W — 2978.6';
Thence S 45° 21' 29" E — 20.00 feet to the east corner of this tract;
Thence S 44 38' 31" W — 3 0. 00 feet, parallel and twenty feet from the southeast right -
of -way line of Nueces Drive, to the south corner of this tract;
Thence N 45° 21' 29" W — 20.00 feet to the Point of Beginning and containing 600
square feet of land more or less.
Bearings are Texas State Plane, Central Zone NAD83(1986)
datum, based on 1994 City of College Station GPS control
monument no. 120 and no. 220 (S 61° 34' 32" W).
See separate survey plat dated Dec. 2009.
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Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 693 -2777
Proposed Temporary Easement (no. 2)
Tract 1 — Southwood Section Five
Crawford Burnett League A -7
College Station, Texas
17 December 2009
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 part of Tract 1 in the
Southwood Section Five addition according to plat of record in Volume 281, Page 137 of the
Deed Records of Brazos County, Texas, being an easement twenty feet (20') in width lying
along the southeast right -of -way line of Nueces Drive between the intersections of Medina
Drive and Hondo Drive and being more particularly described as follows:
Beginning at a point in the southeast line of Nueces Drive, located N 44° 38' 31" E — 820.21
feet from the radius point in said line of Nueces Drive at Welsh Avenue, from where the City
of College Station GPS monument no. 220 bears N 28° 31' 16" W — 2876.2 feet.
Thence N 44° 38' 31" E — 46.50 feet along said Nueces Drive southeast right -of -way line to
the beginning of a tangent curve to the right (R= 280.00');
Thence along the arc of said curve through a central angle of 66° 20' 00 ", the chord of which
bears N 77° 48° 31" E — 306.37 feet to the northeast corner of this tract;
Thence S 20° 58' 31" W — 20.00 feet to the southeast corner of this tract;
Thence along a curve to the left (R= 260.00') parallel to and twenty feet from the south right -
of -way line of Nueces Drive through a central angle of 66° 20' 00 ", the chord of which bears
S 77 48' 31" W — 284.48 feet to the end of said curve;
Thence S 44 38' 31" W — 46.50 feet continuing parallel and twenty feet from the southeast
right -of -way line of Nueces Drive to the southwest corner of this easement;
Thence N 45° 21' 29" W — 20.00 feet to the Point of Beginning and containing 0.165 acres of
land more or less.
Bearings are Texas State Plane, Central Zone NAD83(1986)
datum, based on 1994 City of College Station GPS control
monument no. 120 and no. 220 (S 61 ° 34' 32" W).
See separate survey plat dated Dec. 2009.
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Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 693 -2777
Proposed Easement
William G. Adkins Tract
Crawford Burnett League A -7
College Station, Texas
20 December 2009
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 part of that Ten
Acre tract conveyed to William G. Adkins by deed recorded in Volume 264, Page 107 of
the Deed Records of Brazos County, Texas, being an easement ten feet (10') in width
lying along the northwest line of Lot 2 of Southwood Section 10 according to plat of
record in Volume 301, Page 73 of the Deed Records of Brazos County, Texas, between
Lot 27, Block 3 of Southwood Section Seven according to plat of record in Volume 291,
Page 41 of the Deed Records of Brazos County, Texas and Lot 1 of said Southwood
Section 10, and being more particularly described as follows:
Beginning at a ' / 2" iron rod found at the common rear corner of the said Lot 27, Block 3
and Lot 1, Block 7 of Southwood Section Seven and the said Lot 2 of Southwood Section
10 from where the College Station GPS monument no. 220 bears N 48° 17' 09" W —
3201.1 feet;
Thence N 85° 44' 03" W — 12.67 feet along the northeast line of the said Lot 27 to the
west corner of this tract;
Thence N 42 08' 08" E — 24.37 feet, parallel to and ten feet from the northwest line of
said Lot 2, to the north corner of this tract in the southwest line of said Lot 1 of
Southwood Section 10;
Thence S 38° 50' 06" E — 10.13 feet to the south corner of the said Lot 1 of Southwood
Section 10, from where a '/2 iron rod found (bent) bears S 42° W — 0.3 feet;
Thence S 42° 08' 08 "W - 15.00 feet, along the northwest line of said Lot 2, to the Point
of Beginning and containing 197 square feet of land more or less.
Bearings are Texas State Plane, Central Zone NAD83(1986)
datum, based on 1994 City of College Station GPS control
monument no. 120 and no. 220 (S 61° 34' 32" W).
See separate survey plat dated Dec. 2009.
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Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 693 -2777
Proposed Easement
Lot 1 - Southwood Section 10
Crawford Burnett League A -7
College Station, Texas
21 December 2009
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 part of Lot 1 of the
Southwood Section 10 addition described by plat recorded in Volume 301, Page 73 of the
Deed Records of Brazos County, Texas, being an easement ten feet (10') in width lying
along the line between Lots 1 and 2 in said Southwood Section 10 and being more
particularly described as follows:
Beginning in the southwest line of Comal Circle at the common corner of Lots 1 and 2 of
Southwood Section 10 from where the City of College Station GPS monument no. 220 bears
N 51 30' 24" W — 3207.5 feet;
Thence S 42° 08' 08" W — 155.14 feet, along the line between said Lots 1 and 2, to the south
corner of this tract in the northeast line of an existing 10' utility easement;
Thence N 38 50' 06" W — 10.13 feet, along the northeast line the said existing 10' easement,
to the west corner of this tract;
Thence S 42° 08' 08" E — 153.51 feet through the said Lot 1 to the southwest line of Comal
Circle;
Thence S 48° 06' 56" E — 10.00 feet along the southwest line of Comal Circle to the Point of
Beginning and containing 1543 square feet of land more or less.
Bearings are Texas State Plane, Central Zone NAD83(1986) datum,
based on 1994 City of College Station GPS control monument no. 120
and no. 220 (S 61' 34' 32 ").
See separate survey plat dated Dec. 2009.
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Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 693 -2777
Proposed Temporary Easement
Lot 1, Block 1
Camelot Addition Section One
Crawford Burnett League A -7
College Station, Texas
20 December 2009
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 part of Lot 1,
Block 1 of the Camelot Addition Section One described by plat recorded in Volume 289,
Page 553 of the Deed Records of Brazos County, Texas, being an easement twenty feet
(20') in width lying along the northwest line of an existing 10' easement, between an
existing 40' easement and the northeast line of said Lot 1, being more particularly
described as follows:
Beginning in the line between the said Lot 1, Block 1 of Camelot Addition Section One
and Southwood Section 20 as described by plat recorded in Volume 326, Page 717 of the
Deed Records of Brazos County, Texas, at a point located N 48° 00' 29" W — 10.00 feet
from a `` /2" iron rod found at the common rear corner of the said Lot 1, Block 1 and Lot 2,
Block 1 of Camelot Addition Section Two as described by plat recorded in Volume 314,
Page 620 of the Deed Records of Brazos County, Texas, and from where the City of
College Station GPS monument no. 220 bears N 69° 05' 45" W — 3423.6 feet;
Thence S 41° 59' 31" W — 35.48 feet, along the northwest line of an existing 10' utility &
drainage easement, to the intersection with the north line of an existing 40' drainage
easement;
Thence N 89° 24' 38" W — 26.66 feet, along the said 40' easement line, to the west
corner of this tract;
Thence N 41° 59' 31" E — 53.11 feet, parallel to and twenty feet from the said 10'
easement line, to the northeast line of the said Lot 1;
Thence S 48 00' 29" E - 20.00 feet, along the line between Camelot Addition Section
One and Southwood Section 20, to the Point of Beginning and containing 886 square feet
of land more or less.
Bearings are Texas State Plane, Central Zone NAD83(1986)
datum, based on 1994 City of College Station GPS control
monument no. 120 and no. 220 (S 61' 34' 32" W).
See separate survey plat dated Dec. 2009.
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Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 693 -2777
Proposed Easement
Lot 12, Block 7
Southwood Section 20
Crawford Burnett League A -7
College Station, Texas
21 December 2009
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 part of Lot 12, Block 7 of the
Southwood Section 20 addition described by plat recorded in Volume 326, Page 717 of the
Deed Records of Brazos County, Texas, being an easement twenty feet (20') in width lying
along the southeast line of the existing 15' utility easement across said Lot 12, shown on said
Southwood Section 20 plat and being more particularly described as follows:
Beginning in the southwest line of the said Lot 12, which is the northeast line of Camelot
Addition Section Two as described by plat recorded in Volume 314, Page 620 of the Deed
Records of Brazos County, Texas, at a point located N 48° 05' 06" W — 32.78 feet from the
common rear corner of the said Lot 12 and Lot 6, Block 6 of the said Southwood Section 20,
and from where the City of College Station GPS monument no. 220 bears N 68° 53' 09" W —
3458.3 feet;
Thence N 48° 05' 06" W — 20.00 feet, along said southwest line of Lot 12, to the west corner
of this tract and the southeast line of the said existing 15' utility easement;
Thence N 42° 05' 12" E — 66.68 feet through said Lot 12, along the said southeast line of the
15' easement to the intersection with the southwest line of an existing 20' utility easement,
also shown on said Southwood Section 20 plat;
Thence S 48° 34' 13" E — 8.32 feet along the southwest line of said existing 20' easement to
the northwest right -of -way line of Bee Creek Drive;
Thence along the arc of a curve to the left (Rad.= 50'), in the right -of -way line of Bee Creek
Drive, through a central angle of 21° 33' 37 ", the chord of which bears S 3° 25' 24" W — 18.70
feet;
Thence S 42° 05' 12" W — 52.11 feet, through the said Lot 12, to the Point of Beginning and
containing 1238 square feet of land more or less.
Bearings are Texas State Plane, Central Zone NAD83(1986)
datum, based on 1994 City of College Station GPS control
monument no. 120 and no. 220 (S 61 34' 32" W).
See separate survey plat dated Dec. 2009.
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