HomeMy WebLinkAbout10-09-08-2d - Resolution - 10/09/2008RESOLUTION NO. 10- 9 -08 -2d
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS
RELATING TO: (I) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE, AND
ACQUIRE BY CONDEMNATION AN EXCLUSIVE, PERMANENT PUBLIC UTILITY
EASEMENT REGARDING 1.956 ACRES (85,221 SQUARE FEET) OF LAND MORE OR
LESS, AND A RELATED TEMPORARY CONSTRUCTION EASEMENT REGARDING
1.956 ACRES (85,214 SQUARE FEET) OF LAND MORE OR LESS, IN BRAZOS COUNTY,
TEXAS, A PART OF THE THOMAS WEBB SURVEY, ABSTRACT NO. 240; (2) A
DECLARATION THAT A PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE
SAID EASEMENTS BY CONDEMNATION IN ORDER TO ACCOMPLISH AN
AUTHORIZED AND DECLARED PUBLIC USE AND PURPOSE; (3) THE RATIFICATION
OF ALL PRIOR CITY ACTS AND RESOLUTIONS; AND (4) THE ESTABLISHMENT OF
AN EFFECTIVE DATE AND COMPLIANCE WITH THE OPEN MEETING STATUTES.
WHEREAS, the City of College Station, Texas ( "City ") is a home rule municipality which is
duly incorporated and chartered under the constitution and laws of Texas; and
WHEREAS, the City owns, operates, constructs, repairs, and maintains a municipal water utility
system ( "water utility system ") as a public service, in order to provide water service to the public
and the City, now and in the future; and
WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the water
utility system is a benefit to the public, because the system currently provides, and will provide
in the future, an important source of water to the public and the City. Therefore, the water utility
system, including the City's ownership, operation, construction, repair, and maintenance of the
system, now and in the future, are hereby declared to be worthwhile public uses and purposes;
and
WHEREAS, the City, through a condemnation proceeding, may exercise the power of eminent
domain to acquire property, inside or outside the municipality, in order to efficiently carry out
the ownership, operation, construction, repair, and maintenance of its water utility system
pursuant to the following, non - exclusive authority, the contents of which are incorporated by
reference: Chapters 251 and 402 of the Texas Local Government Code; Chapter 21 of the Texas
Property Code; and articles I and II of the City Charter; and
WHEREAS, the City is engaged in the following project regarding the improvement and
expansion of its water utility system: the Parallel Wellfield Collection Line Project also referred
to as the Water Project ( "project "). This project will benefit the public and the City because its
completion and operation will enhance and improve the source, collection, transmission and
distribution of water available to the community at large. Therefore, this project, which includes
the acquisition of the easements herein described, is hereby declared to be a worthwhile public
use and purpose; and
RESOLUTION NO. 10- 9 -08 -2d
Page 2
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's water utility system should be
improved and expanded through the City's acquisition, by a condemnation proceeding, of the
following easements: (a) an exclusive, permanent public utility easement and right of way
( "permanent public utility easement ") regarding the project, on, in, over, along, under, across,
and through a certain tract or parcel of land, being and situated in Brazos County, Texas,
containing 1.956 acres (85,221 square feet) more or less, a part of the Thomas Webb Survey,
Abstract No. 240, and for the payment of reasonable, adequate, and just compensation by the
City to the owner or owners thereof, as required by law, said property being more particularly
described by metes and bounds and survey plat in Exhibit A, which is attached hereto and
incorporated by reference; and (b) a related temporary construction easement ( "temporary
construction easement ") regarding the project, on, in, over, along, under, across, and through a
certain tract or parcel of land, being and situated in Brazos County, Texas, containing 1.956
acres (85,214 square feet) more or less, a part of the Thomas Webb Survey, Abstract No. 240,
and for the payment of reasonable, adequate, and just compensation by the City to the owner or
owners thereof, as required by law, said property being more particularly described by metes and
bounds and survey plat in Exhibit B, which is attached hereto and incorporated by reference; and
(c) said permanent utility easement and temporary construction easement being hereafter referred
to as the subject property unless otherwise designated; and
WHEREAS, pursuant the authority stated herein, the City intends and seeks to acquire the
aforementioned easements regarding the subject property for the following, declared public uses
and purposes regarding the project: (a) the construction, installation, inspection, placement and
removal of water lines, water pipelines, and related water utility infrastructure, facilities, and
improvements by the City, on, in, over, above, along, under, across, and through said property, in
order to improve, expand, and maintain the source, collection, transmission and distribution of
water within the City's water utility system, now and in the future, for the benefit of the public
and the City, as described herein; and (b) the permanent ownership, operation, construction,
repair, inspection, placement, removal, an d ma intenance of the water utility system at the
location of said permanent utility easement on the subject property, including all utility
infrastructure, facilities, or improvements placed on, in, over, above, along, under, across, and
through said property, in order to improve, expand, and maintain the source, collection,
transmission and distribution of water within the City's water utility system, now and in the
future, for the benefit of the public and the City, as described herein; and
WHEREAS, pursuant to the project, a public necessity exists for the City to acquire by
condemnation proceeding the permanent public utility easement and the temporary construction
easement regarding the subject property for the public uses and purposes described herein, and
WHEREAS, pursuant to the project, the City's acquisition of the permanent public utility
easement and the temporary construction easement regarding the subject property by a
condemnation proceeding is necessary to accomplish, achieve, and advance the public uses and
purposes described herein; and
2
RESOLUTION NO. 10- 9 -08 -2d
Page 3
WHEREAS, upon acquisition of the permanent public utility easement, the City shall allow the
owner of the subject property to use all or any part of the easement acquired for any purpose that
does not damage, destroy, injure, or interfere with the City's efficient, safe, or convenient use of
the easement acquired, as described herein, including the specific use limitations of said owner
as described herein; now, therefore,
BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS:
PART l: Singular nouns and pronouns shall include the plural, and the masculine gender
shall include the feminine gender, where necessary for a correct meaning of this
resolution.
PART 2: All prior resolutions or orders regarding the project, the permanent public utility
easement, the temporary construction easement, and the subject property are
hereby supplemented and incorporated by reference.
PARK 3: All prior acts of the City, including the acts of its elected officials, officers,
employees, agents, or attorneys, regarding the project, the permanent public utility
easement, the temporary construction easement, and the subject property are
hereby authorized, ratified, approved, confirmed, and validated.
PART 4: All statements made in the caption, preamble, preliminary recitals, and the
documents attached to this resolution are true, correct, and incorporated by
reference.
PART 5: The best interests and needs of the public, including the health, safety, and
welfare of the public, pursuant to the utility project described above, require that
the water utility system of the City be improved and expanded by the City's
acquisition of the permanent public utility easement and the temporary
construction easement regarding the subject property, as described herein.
PART 6: The permanent public utility easement and the temporary construction easement
regarding the subject property, pursuant to the project and as described herein, is
sought and shall be acquired by the City for the following public uses and
purposes:
the construction, installation, inspection, placement and removal of water
lines, water pipelines, and related water utility infrastructure, facilities, and
improvements by the City, on, in, over, above, along, under, across, and
through said property, including but not limited to water collection lines,
transmission lines, connecting water pipelines, access facilities, attachment
RESOLUTION NO. 10- 9 -08 -2d
Page 4
structures and equipment, and communication lines specifically related
thereto, in order to improve, expand, and maintain the source, collection,
transmission, and distribution of water within the City's water utility
system, now and in the future, for the benefit of the public and the City;
and
b. the permanent ownership, operation, construction, repair, inspection,
placement, removal, and maintenance of the water utility system at the
location of said permanent utility easement, including all utility
infrastructure, facilities, or improvements placed on, in, over, above,
along, under, across, and through said property, as described herein, in
order to improve, expand, and maintain the source, collection,
transmission, and distribution of water within the City's water utility
system, now and in the future, for the benefit of the public and the City;
C. any other public use and purpose described in this resolution.
PART 7: All public uses and purposes described in this resolution are hereby declared to be
worthwhile, convenient, and necessary to justify and support the acquisition of the
permanent public utility easement and the temporary construction easement by the
City through a condemnation proceeding.
PART 8: Regarding the permanent public utility easement, temporary construction
easement, and subject property described in this resolution, and pursuant to the
project, the City hereby declares the following:
a. The City made a bona fide, good faith offer to purchase said easements
from the owner of the subject property. Said offer was rejected or not
accepted by the owner. Thus, the City and said owner are unable to agree
on the issue of damages or compensation. Therefore, a public necessity
and convenience exists for the City to acquire said easements through a
condemnation proceeding for the public uses and purposes stated in this
resolution.
b. The City's acquisition of said easements through a condemnation
proceeding is necessary and convenient to accomplish, achieve, and
advance the public uses and purposes stated in this resolution.
PART 9: Pursuant to the project, the City's elected officials, officers, employees, agents,
representatives, and attorneys are hereby authorized to engage in the following
conduct regarding the permanent public utility easement, the temporary
construction easement, and the subject property:
4
RESOLUTION NO. 10- 9 -08 -2d
Page 5
a. Said representatives shall have the authority to lay -out or map the exact
location of the land needed regarding the subject property.
b. Said representatives shall have the authority to hire, engage, or direct such
City staff, engineers, surveyors, appraisers, title companies, architects,
attorneys, or other persons or entities needed to effect: the mapping or
design of the necessary utility infrastructure, facilities, or improvements
on the subject property; the establishment and acquisition of the necessary
title to the subject property; and the construction, operation, inspection,
and maintenance of the necessary utility infrastructure, facilities, or
improvements on the subject property.
C. Said representatives shall have the authority, with the consent of the
property owner or through a court order, to enter upon the subject property
for the purpose of: surveying and establishing title; determining
reasonable, adequate, and just compensation; conducting tests; or
negotiating with the owner for the purchase of the required property
interests.
d. Said representatives shall have the authority, after determining
reasonable, adequate, and just compensation for said easements, to
negotiate with the property owner for the purpose of acquiring for the City
the required property interests by purchase.
e. Said 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 the subject property.
f. Said representatives shall have the authority to initiate and
complete all other actions deemed necessary and appropriate to effect the
accomplishment of the public uses and purposes described herein.
PART 10: Upon acquisition of the permanent public utility easement, the City shall allow the
owner of the subject property to use all or any part of the easement acquired for
any purpose that does not damage, destroy, injure, or interfere with the City's
efficient, safe, or convenient use of the easement acquired; however: (a) said
owner shall not be allowed to lay -out, dedicate, construct, maintain, or use any
house, structure, or reservoir, or to permit same to be accomplished, on, over,
under, through or within said easement except as provided herein; but (b) said
owner shall be allowed to lay -out, dedicate, construct, maintain, or use roads,
streets, alleys, and driveways, on, over, or within said easement, provided that
5
RESOLUTION NO. 10- 9 -08 -2d Page 6
said use does not change the grade over the land of said easement without the
prior written consent of the City.
PART 11: Upon acquisition of the temporary construction easement, said easement shall
exist only for such period of time as is required for the construction, installation,
completion, and inspection of all utility infrastructure, facilities, or improvements
placed on, in, over, above, along, under, across, and through the subject property,
as described herein, after which time said temporary construction easement shall
cease to operate or be effective.
PART 12: This resolution and order shall take effect immediately from and after its passage.
PART 13: This resolution was considered and passed at a meeting held in compliance with
Chapter 551 of the Texas Government Code, the Texas Open Meetings Act.
ADOPTED this 13th day of October, A.D. 2008.
ATTEST: APPROVED:
Q CCifyftcretary Mayor
APPROVED:
City Attorney
rol
Resolution No. 10- 9 -08 -2d
Exhibit " A " - Proposed Permanent Public Utility Easement
and
Exhibit "B" — Proposed Temporary Construction Easement
[ EXHIBIT "All
Resolution No. 10- 9 -08 -2d
LANDTECFI CONSULTANTS, INC.
Civil Engineering • Land Surveying
Parcel No. 8
Rev. June 26, 2008
Page 1 of 2
June 26, 2008
BEING A 1.956 ACRE (85,221 SQUARE FOOT) TRACT OF LAND IN THE
THOMAS WEBB SURVEY, ABSTRACT NUMBER 240 AND BEING A PORTION
OF A CALLED 165.00 ACRE TRACT OF LAND DESCRIBED IN A DEED TO
D'ANNE R. JOHNSON RECORDED IN VOLUME 1306, PAGE 259 OF THE
BRAZOS COUNTY DEED RECORDS, SAID 1.956 ACRE (85,221 SQUARE
FOOT) TRACT OF LAND BEING DESCRIBED BY METES AND BOUNDS AS
FOLLOWS: (Bearing orientation is based on the Texas State Plane Coordinate
System, Central Zone, North American Datum of 1983.)
COMMENCING at a TxDOT concrete monument found for the northwest comer
of said 165.00 acre tract and being at the intersection of the southeast right -of-
way line of Britten Road (variable width, as occupied, no deed found) and the
southerly right -of -way line of Sandy Point Road (FM 1687) (80 feet wide) as
defined per Texas Highway Department (TxDOT) plans dated March 7, 1952,
CSJ Number 1560 -1 -2;
THENCE, South 42° 04' 28" West, along the common line between said 165.00
acre tract and said Britten Road, a distance of 34.46 feet to the northwest comer
and POINT OF BEGINNING of the herein described tract;
THENCE, South 69 11'29" East, a distance of 555.15 feet to an angle point;
THENCE, South 69° 02' 30" East, a distance of 348.94 feet to an angle point;
THENCE, South 69 52'09" East, a distance of 367.37 feet to an angle point;
THENCE, North 65° 06'00" East, a distance of 64.49 feet to an angle point in the
southerly right -of -way line of said Sandy Point Road (FM 1687);
THENCE, South 69 54' 00" East, along the southerly right -of -way line of said
Sandy Point Road (FM 1687), a distance of 1504.87 feet to point for the
northeast corner of said 165.00 acre tract and the northwest comer of a called
9.15 acre tract of land described in a deed to Richard T. Britten recorded in
Volume 283, Page 232 of the Brazos County Deed Records;
Landtech Consultants, Inc. Job No. 02 -1 -0186
Drawing No. 0210186.dwg
MO210186 Parcel8rl -Paul
2525 North Loop West, Suite 300 • Houston, Texas 77008 -1094 • Tel: (713) 861 -7068 • Fax: (713) 861 -4131
Resolution No. 10- 9 -08 -2d
Parcel No. 8
Rev. June 26, 2008
Page 2 of 2
THENCE, South 42° 22'42" West, along the common line of said 165 acre tract
and said 9.15 acre tract, a distance of 32.42 feet to a point for the southeast
corner of the herein described tract;
THENCE, North 69 54'00" West, a distance of 1480.15 feet to an angle point;
THENCE, South 65° 06'00" West, a distance of 64.50 feet to an angle point;
THENCE, North 69° 52' 09" West, a distance of 380.03 feet to an angle point;
THENCE, North 69 02' 30" West, a distance of 349.12 feet to an angle point;
THENCE, North 69 11' 29" West, a distance of 566.78 feet to a point in the
southeast right -of- -way line of said Britten Road for the southwest corner of the
herein described tract;
THENCE, North 42 04' 28" East, along the southeast right -of -way line of said
Britten Road and the west line of said 165.00 acre tract, a distance of 32.19 feet
to the POINT OF BEGINNING and containing 1.956 acre (85,221 square feet) of
land.
4
Paul P. Kwan
Registered Professional Land Surveyor
Texas Registration Number 4313
June 26, 2008
A survey map was prepared in conjunction with this metes and bounds
description.
Landtech Consultants, Inc. Job No. 02 -1 -0186
Drawing No. 0210186.dwg
MO210186Parcel8rl -Paul
Resolution No. 10- 9 -08 -2d
n
LANDTECH CONSULTANTS, INC.
EXHIBIT "B"
Civil Engineering • Land Surveying
Parcel No. 8A
Page 1 of 2
June 26, 2008
BEING A 1.956 ACRE (85,214 SQUARE FOOT) TRACT OF LAND IN THE
THOMAS WEBB SURVEY, ABSTRACT NUMBER 240 AND BEING A PORTION
OF A CALLED 165.00 ACRE TRACT OF LAND DESCRIBED IN A DEED TO
D'ANNE R. JOHNSON RECORDED IN VOLUME 1306, PAGE 259 OF THE
BRAZOS COUNTY DEED RECORDS, SAID 1.956 ACRE (85,214 SQUARE
FOOT) TRACT OF LAND BEING DESCRIBED BY METES AND BOUNDS AS
FOLLOWS: (Bearing orientation is based on the Texas State Plane Coordinate
System, Central Zone, North American Datum of 1983.)
COMMENCING at a TxDOT concrete monument found for the northwest corner
of said 165.00 acre tract and being at the intersection of the southeast right -of-
way line of Britten Road (variable width, as occupied, no deed found) and the
southerly right -of -way line of Sandy Point Road (FM 1687) (80 feet wide) as
defined per Texas Highway Department (TxDOT) plans dated March 7, 1952,
CSJ Number 1560 -1 -2;
THENCE, South 42° 04'28" West, along the common line between said 165.00
acre tract and said Britten Road, a distance of 66.65 feet to the northwest corner
and POINT OF BEGINNING of the herein described tract;
THENCE, South 69 11'29" East, a distance of 566.78 feet to an angle point;
THENCE, South 69 02'30" East, a distance of 349.12 feet to an angle point;
THENCE, South 69 52'09" East, a distance of 380.03 feet to an angle point;
THENCE, North 65 06'00" East, a distance of 64.50 feet to an angle point;
THENCE, South 69 54' 00" East, a distance of 1,480.15 feet to point in the
common line of said 165.00 acre tract and a called 9.15 acre tract of land
described in a deed to Richard T. Britten recorded in Volume 283, Page 232 of
the Brazos County Deed Records;
THENCE, South 42 22'42" West, along the common line of said 165 acre tract
and said 9.15 acre tract, a distance of 32.42 feet to a point for the southeast
corner of the herein described tract;
Revised 6 /26 /08
Landtech Consultants, Inc. Job No. 07 -1 -0260
Ref.: 02 -1 -0186
Drawing No. 1896 -D -2563
fn0210186 Pa rce I BA -2008
2525 North Loop West, Suite 300 • Houston, Texas 77008 -1094 • Tel: (713) 861 -7068 • Fax: (713) 861 -4131
Resolution No. 10- 9 -08 -2d
Parcel No. 8A
Page 2 of 2
THENCE, North 69° 54'00" West, a distance of 1,455.44 feet to an angle point;
THENCE, South 65 06'00" West, a distance of 64.51 feet to an angle point;
THENCE, North 69 52'09" West, a distance of 392.68 feet to an angle point;
THENCE, North 69 02' 30" West, a distance of 349.34 feet to an angle point;
THENCE, North 69° 11' 29" West, a distance of 578.38 feet to a point in the
southeast right -of -way line of said Britten Road for the southwest corner of the
herein described tract;
THENCE, North 42 04' 28" East, along the southeast right -of -way line of said
Britten Road and the west line of said 165.00 acre tract, a distance of 32.19 feet
to the POINT OF BEGINNING and containing 1.956 acre (85,2:14 square feet) of
land.
Paul P. Kwan
Registered Professional Land Surveyor
Texas Registration Number 4313
June 26, 2008
A survey map was prepared in conjunction with this metes and bounds
description.
Revised 6/26/08
Landtech Consultants, Inc. Job No. 07 -1 -0260
Ref.: 02 -1 -0186
Drawing No. 1896 -D -2563
fn0210186ParcelBA -2008