HomeMy WebLinkAbout01-14-10-2i - Resolution - 01/14/2010RESOLUTION NO. 01- 14 -10 -2i
A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THE
CONVEYANCE OF ONE -HALF UNDIVIDED INTEREST IN A TRACT OF LAND KNOWN
AS TRACT 10 (64.48 ACRES OUT OF A CALLED 97 ACRE TRACT IN THE JOSEPH T.
ROBINSON SURVEY, A -390), LOCATED IN GRIMES COUNTY, TEXAS, TO THE CITY
OF BRYAN, TEXAS, BY SPECIAL WARRANTY DEED, AUTHORIZING THE MAYOR TO
SIGN SUCH SPECIAL WARRANTY DEED, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in July, 2008, the City of College Station, Texas, condemned ten (10) tracts of land
in Grimes County, Texas, for the Twin Oaks Landfill; and
WHEREAS, pursuant to that certain BVSWMA Joint Solid Waste Management Agreement dated
May 9, 1990, as amended by that certain BVSWMA First Amended Joint Solid Waste
Management Agreement dated May 3, 2000, and as further amended by that certain BVSWMA
First Supplemental to Joint Solid Waste Management Agreement between the City of Bryan and
the City of College Station, all real property acquired for the use of the landfills is to be owned as
tenants in common with each City having a one -half undivided interest; and
WHEREAS, on February 13, 2009, the City of College Station, Texas conveyed to the City of
Bryan, Texas, a one -half undivided interest in nine (9) of the condemned tracts of land known as
Tracts 4, 6, 9, 15, 18, 23, 25, 26 and 27.
WHEREAS, on June 23, 2008, Eddie Glen Presnull a/k/a Eddie Presnull, one of the undivided
interest property owners of Tract 10, had filed a document allegedly objecting to Plaintiff's
proceeding in eminent domain; and
WHEREAS, on August 3, 2009, Eddie Glen Presnull a/k/a Eddie Presnull settled all claims to the
property by executing a Release and Settlement Agreement; and
WHEREAS, on September 3, 2009, Judge Albert M. McCaig, Jr., Presiding Judge of 506`
Judicial District Court of Grimes County, Texas granted and signed the Order of Withdrawal and
Waiver of Objections in Cause No. 31,065; and
WHEREAS, on September 3, 2009, Judge Albert M. McCaig, Jr., Presiding Judge of 506
Judicial District Court of Grimes County, Texas signed the Condemnation Judgment on Award of
Special Commissioners in Absence of Objections (Tract 10) in Cause No. 31,065 styled City of
College Station, Plaintiff vs. Gloria Mae Wilkins and the unknown assigns, heirs, devisees
thereof, et al, Defendants thereby awarding to Plaintiff, City of College Station, (a) fee simple
title to the surface estate of said tract, including all title and rights to use the surface for the
exploration, development, production, saving and transportation of all oil, gas, and other
minerals, including ingress and egress; (b) the surface of said tract to a depth of 200 feet below
the surface, the fee simple title to all oil, gas, and other minerals (said mineral property) on, in and
under said tract, including but not limited to: (1) the right to use said mineral property for the
exploration, development, production, saving and transportation of all oil, gas, and other
legal /group /o /projects /bvswma- grimes county landfill /council approval /resolution for tract 10 conveyance to COB
Resolution No. 01- 14 -10 -2i
minerals, including ingress and egress; (2) the executive rights regarding said mineral property; and
(3) all other rights associated with said mineral property; and (c) at all depths below 200 feet
from the surface of said tract, a perpetual, nonexclusive, reciprocal subsurface easement for the
purpose of reasonably accommodating future ingress, egress and surface use for the exploration,
development, production, saving and transportation of oil, gas, and other minerals for the use
and benefit of all mineral interest owners of landfill project tracts; and
WHEREAS, the City Council of the City of College Station has determined that Tract 10 shall
be conveyed to the City of Bryan in the form as set forth in the Special Warranty Deed attached
as Exhibit "A "; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION
THAT:
PART 1: The City Council of the City of College Station, Texas, hereby approves the
conveyance of one -half undivided interest in a tract of land known as Tract 10 (64.48
acres out of a called 97 acre tract in the Joseph T. Robinson Survey, A -390), located in
Grimes County, Texas, for the use of the Twin Oaks Landfill to the City of Bryan, Texas,
by Special Warranty Deed attached hereto as Exhibit "A ".
PART 2: The City Council of the City of College Station, Texas, hereby authorizes the
Mayor of the City of College Station to sign the Special Warranty Deed.
PART 3: That this Resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 14th day of January , 20 10 .
ATEST: APPROVED:
c �
4i S ecretary Mayor
f t % �/ i M"w
Att
City
legal /group /o /projects /bvswma- grimes county landfill /council approval /resolution for tract 10 conveyance to COB
Resolution No. 01- 14 -10 -2i
EXHIBIT A
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
(Tract 10)
Date:
2010
Grantor: The City of College Station, Texas, a Texas Home Rule Municipal Corporation
by and through its duly elected mayor, Ben O. White, acting pursuant to a
resolution adopted on the 14 day of January, 2010, by the duly elected
and constituted city council following strict compliance with the Texas
Open Meetings Act, which resolution is incorporated herein by reference.
Grantor's Mailing Address: P.O. Box 9960
College Station, Brazos County, Texas 77842
Grantee: The City of Bryan, Texas, a Texas Home Rule Municipal Corporation
Grantee's Mailing Address: P.O. Box 1000
Bryan, Brazos County, Texas 77805
Consideration: Good and valuable consideration, the receipt and sufficiency of which is
acknowledged and for which no lien, express or implied, is retained.
Property (including any improvements): An undivided t /2 interest in the following interests,
which are described below, in the tract known as Tract 10, of the Brazos Valley Solid Waste
Management Agency landfill project located in the JOSEPH T. ROBINSON SURVEY,
ABSTRACT 390, Grimes County, Texas, which were vested or shall vest in the future in
Grantor by virtue of a final judgment of condemnation in Cause No. 31,065 in the District
Court of Grimes County, Texas:
(a) the fee simple title to the surface estate of said tract, including all title and rights to
use the surface for the exploration, development, production, saving and
transportation of all oil, gas, and other minerals, including ingress and egress;
Group /o /projects/BVSWMA- Grimes County Landfill /condemnation tracts — Kyle /tract 10 — 64.48 acres — Cause No. 31,065 — Wilkins, et al
Resolution No. 01- 14 -10 -2i
EXHIBIT A
(b) from the surface of said tract to a depth of 200 feet below the surface, the fee simple
title to all oil, gas, and other minerals on, in and under said tract, including but not
limited to: (1) the right to use said mineral property for the exploration, development,
production, saving and transportation of all oil, gas, and other minerals, including
ingress and egress; (2) the executive rights regarding said mineral property; and (3)
all other rights associated with said mineral property; and
(c) at all depths below 200 feet from the surface of said tract, a perpetual, non - exclusive,
reciprocal subsurface easement for the purpose of reasonably accommodating future
ingress, egress and surface use for the exploration, development, production, saving
and transportation of oil, gas, and other minerals for the use and benefit of all mineral
interest owners of landfill project tracts.
Tract 10 is more specifically described by metes and bounds on Exhibit "A" attached hereto and
incorporated herein by reference.
Reservations from Conveyance: None.
Exceptions to Conveyance and Warranty: All validly existing easements, rights -of -way,
and prescriptive rights, whether of record or not; all validly existing restrictions, reservations,
covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in
person other than Grantor, and other instruments, other than conveyances of the surface fee
estate, that affect the Property; all validly existing rights of adjoining owners in any walls and
fences situated on a common boundary; any discrepancies, conflicts or shortages in area or
boundary lines; any encroachments or overlapping of improvements.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property,
together with all and singular the rights and appurtenances thereto in any way belonging, to have
and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds
Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the
Property to Grantee and Grantee's heirs, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by,
through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and
the Exceptions to Conveyance and Warranty.
When the context requires, singular nouns and pronouns include the plural.
THE CITY OF COLLEGE STATION, TEXAS
B.
Name: BEN O. WHITE
Title: Mayor
2
Group /o /projects[BVSWMA- Grimes County Landfill /condemnation tracts — Kyle /tract 10 — 64.48 acres — Cause No. 31,065 — Wilkins, et al
Resolution No. 01- 14 -10 -2i
EXHIBIT A
THE STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on the day of , 2010, by
BEN O. WHITE, as Mayor of the City of College Station, Texas, a home rule Municipal Corporation
under Texas law, on behalf of said home rule Municipal Corporation.
Notary Public in and for the State of Texas
After Recording Return to:
Mr. Kyle Hawthorne
Bruchez, Goss, Thornton,
Meronoff & Hawthorne, P.C.
4343 Carter Creek Parkway, Suite 100
Bryan, Texas 77803
3
Group /o /projectsBVSWMA- Grimes County Landfill /condemnation tracts — Kyle/tract 10 — 64.48 acres — Cause No. 31,065 — Wilkins, et al
Resioluion No. 01- 14 -10 -2i
EXHIBIT A
EXHIBIT "A"
TRACT 10
64.48 ACRES
OUT OF A CALLED 97 ACRE TRACT
JOSEPH T. ROBINSON SURVEY, A-390
VOLUME 673, PAGE 672
GRIMES COUNTY, TEXAS
Being all of that certain lot, tract, or parcel of land containing 64.48 acres of land situated in the
JOSEPH T. ROBINSON SURVEY, Abstract 390, and being out of and a part of that certain called
97 acre tract of land as described in deed to Harold B. Trant recorded in Volume 673, Page 672 of
the Official /Deed Records of Grimes County, Texas (O. /D.R.G.C.T.); said 64.48 acres of land
being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2" Iron Rod w /cap set for the southwest comer at the calculated southwest
comer of said Trant called 97 acre tract and the calculated southeast corner of a called 40 acre
tract as described in deed to Royal and Jeff Lott recorded in Volume 67, Page 584
(O. /D.R.G.C.T.), same being the calculated northeast corner of a called 7 acre tract as described
in deed to M. Lange, et al. recorded in Volume 49, Page 238 (O. /D.R.G.C.T.) and the calculated
most northerly northwest comer of a called 568.359 acre tract as described in deed to Harold B.
Trant recorded in said Volume 673, Page 672 (O. /D.R.G.C.T.), same also being a point on the
calculated most westerly south line of said Joseph T. Robinson Survey, A -390 and the calculated
north line of the George'Mason Survey, A -342;
THENCE, N 01 ° 09 ' 42 " W, along the calculated line common to said Trant called 97 acre tract
and said Lott called 40 acre tract, continuing with the calculated line common to said Trant called
97 acre tract and to a called 6 acre tract as described in a deed to Harold B. Trant recorded in said
Volume 673, Page 672, and continuing with the calculated line common to said Trant called 97
acre tract and to a 3.6 acre remainder of a called 9.6 acre tract as described in deed to Fred
Wilhelm recorded in Volume 96, Page 108 (O. /D.R.G.C.T.), across and through said Joseph T.
Robinson Survey, A -390, a distance of 3277.80 feet to a 1/2" Iron Rod w /cap set for the northwest
comer at the calculated most westerly northwest comer of said Trant called 97 acre tract of land
and at the calculated northeast comer of said Wilhelm 3.6 acre remainder tract, same being a
point in the calculated south line of a called 20.228 acre tract, as occupied, and as described in
deed to Colby G. Muth recorded in Volume 745, Page 584 (O. /D.R.G.C.T.);
THENCE, N 87 ° 10 ' 10 " E, along a calculated line common to said Trant called 97 acre tract and
said Muth called 20.228 acre tract, as occupied, continuing across and through said Joseph T.
Robinson Survey, A -390, a distance of 609.30 feet to a 1/2" Iron Rod w /cap set for the northeast
comer;
THENCE, across and through said Trant called 97 acre tract and continuing across and through
said Joseph T. Robinson Survey, A -390, the following courses:
1.) S 06 °41'18"
E, a distance of 126.07 feet to a fence comer for angle point;
2.) S 07 °43'02"
E, a distance of 421.80 feet to a fence comer for angle point;
3.) S 10 0 27'39"
E, a distance of 967.91 feet to a fence comer for angle point;
4.) S 10 °33'41"
E, a distance of 1240.63 feet to a fence comer for angle point;
5.) S 10 0 47'06"
E, a distance of 192.87 feet to an 8" Post Oak for angle point;
6.) S 13 0 11'44"
E, a distance of 61.68 feet to a 12" Post Oak for angle point; and,
Resolution No. 01- 14 -10 -2i
EXHIBIT A
7.) S 14 9 14'43" E, a distance of 190.90 feet to a 1/2" Iron Rod w /cap set for angle in the
calculated east line of said Trant called 97 acre tract, same being the calculated west
line of a called 473 acre tract as described in deed to Jill M. Hybner recorded in Volume
734, Page 650 (O. /D.R.G.C.T.);
THENCE, S 01 °12'12" E, along the calculated line common to said Trant called 97 acre tract and
said Hybner called 473 acre tract, continuing across and through said Joseph T. Robinson Survey,
A -390, a distance of 135.40 feet to a 1/2" Iron Rod w /cap set for the southeast comer at the
calculated southeast comer of said Trant called 97 acre tract and at the calculated southwest
comer of said Hybner called 473 acre tract, same being a point in the aforesaid calculated most
westerly south line of the Joseph T. Robinson Survey, A -390 and the aforesaid calculated north
line of the George Mason Survey, A -342, same also being a point in the calculated most easterly
north line of the aforesaid Trant called 568.359 acre tract;
THENCE, S 88 ° 50' 14 " W, along the calculated line common to said Trant called 97 acre tract,
said Trant called 568.359 acre tract, said Joseph T. Robinson Survey, A -390, and said George
Mason Survey, A -342, a distance of 1116.78 feet to the PLACE OF BEGINNING and containing
64.48 acres of land, more or less, according to a survey performed on the ground in July, 2001,
under the supervision of Horace Curtis Strong, Texas Registered Professional Land Surveyor No.
4961. North orientation is based on rotating the south right -of -way line of Highway 30 to True
North by using GPS Methods.
P933:ACAD141DRANNGkORMLF%TRACTI O.DOC