HomeMy WebLinkAbout10-11-2007-3f - Resolution - 10/11/2007 L RESOLUTION DETERMINING NEED
RESOLUTION NO. 10 -11- 2007 -3f
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 THE
SANITARY CONTROL EASEMENTS FOR WELLS #1 AND #2 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 public water
supply system as a public service; and
WHEREAS, the City's ownership, operation, construction, repair, and maintenance of
the public water supply 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 public water supply 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 improvements to the
Sanitary Control Easements for Water Wells 1 and 2, (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 install the Sanitary
Control Easements for Water Wells 1 and 2, through the City's acquisition, by purchase
or condemnation proceeding, of the right -of -way and easements as provided in Exhibits
A, attached hereto and incorporated herein by reference for all purposes (the "Right -of-
Way and Easements "); now, therefore;
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 Sanitary
Control Easements, and the public welfare and convenience will be served
by the acquisition of the Sanitary Control Easements.
kir RESOLUTION NO. 10 -11- 2007 -3f Page 2
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 Sanitary
Control 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 Sanitary Control
Easements.
PART 4: After consideration of said recommendation, the City Manager shall
establish and approve the amount determined for acquisition of the
Sanitary Control Easements.
PART 5: Upon establishment and approval by the City Manager of the amount of
just compensation for the acquisition of the Sanitary Control 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 Sanitary Control 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 Sanitary Control
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
t ry property acquired in connection with this Project.
RESOLUTION NO. 10-11-2007-3f Page 3
PART 9: That this resolution shall take effect immediately from and after its
passage.
ADOPTED this 11 day of October, A.D. 2007.
ATTEST: APPROVED:
4
City Secretary Mayor
APPROV ED:
E Signed by Carla A Abinson
VFRTFY a nthant■rity with Annmv�it
City Attorney
Joe Orr, Inc.
Surve & Engineers
c 2167 Post Oak Circle
College Station, TX 77845
(979) 690 -3378
Proposed Sanitary Control Easement
Al Brandt, Jr. Tract
Francis W. Smith survey A -219
Brazos County, Texas
August 7, 2007
All those certain tracts or parcel of land lying and being situated in the Francis W. Smith
survey, Abstract No. 219 in Brazos County, Texas, being a part of that 12.00 acre tract
conveyed to Al Brandt, Jr. and wife, Susan J. Brandt by deed recorded in Volume 3819, page
153 of the Official Public Records of Brazos County, Texas, being a portion of circle of 155
foot radius centered on the City of College Station Water Well No. 1 and being more
particularly described as follows:
Part One
Commencing at the center of the said City of College Station Water Well No. 1 in that 1.01
acre tract conveyed to the City of College Station by deed recorded in Volume 436, Page 422
of the Deed Records of Brazos County, Texas, from where GPS monument BZ136 bears S
81 °35'34 "W - 12956.4'.
Thence S 82° 38' 23" W — 155.00 feet along the radius of said circle to the Point of
Beginning of this easement on the northwest line of the said City of College Station tract.
Thence along the arc of said circle m a clockwise direction through a central angle of 78° 47'
27" through the said Brandt tract to the southwest line of F.M. 1687 (Sandy Point Road);
// Thence S 68 56' 02" E — 38.69 feet along the southwest line of Sandy Point Road to the
north corner of the said City of College Station tract from where a ''Y2" iron rod was found S
35° W — 1.47';
Thence S 42° 34' 33" W — 207.61 feet along the northwest line of the said City of College
Station tract to the Point of Beginning and containing 0.19 acres of land more or less.
Part Two
Commencing at the center of the said City of College Station Water Well No, 1 in that 1.01
acre tract conveyed to the City of College Station by deed recorded in Volume 436, Page 422
of the Deed Records of Brazos County, Texas, from where GPS monument BZ136 bears S
81° 35' 34" W — 12956.4'.
Thence S 8° 30' 14" W — 155.00 feet along the radius of said circle to the Point of
Beginning of this easement on the northwest line of Britten Road and the southeast line of
the said Brandt tract;
CS Well 1 Sanitary Esmt. Page 1 of 2
CPI
Thence along the arc of said circle in a clockwise direction through a central angle of 61 17'
coo 09" through the said Brandt tract to the southwest line of the said City of College Station
tract;
Thence S 69 29' 57" E — 170.66 feet along the southwest line of the said City of College
Station tract to a Y2" iron rod found in the northwest line of Britten Road;
Thence S 43° 01' 27" W — 54.69 feet along the northwest line of Britten Road to the Point of
Beginning and containing 0.15 acres of land more or less.
Bearings are Texas State Plane, NAD83(1993) datum, based on Brazos County GPS
monuments BZ136 and BZ133 (N 35 20' 24" E).
See survey plat dated August 2007. /,� G., .1
�.« i + .4 . . ...:; P
Ai R 1.42Y0 1 /
, f 1.4. 78 i Y
CS Well 1 Sanitary Estnt. Page 2 °(2
(kW
Proposed Sanitary Control Easement
Al (Sc Susan Brandt Tract
0 . Francis W. Smith survey A -219
F Brazos County, Texas August 2007
• 76.0
0 30 60 120 Feet
80' . an
\ r,
9h1� y p Bearings are Texas State Plane, NAD83(1993)
O(� a/ datum, based on Brazos Count' CPS monuments
60,......, 1 H 68. BO7' WOl, ',t o 91136 and 91133 (N 35 E).
ra ' �W W { od All existing easements end utilities are not
� bi 8 5r shown on this plot.
rw
s• See separate metes and bounds description
prepored with this plot.
Proposed us 3 s \
Easement " ss or / s 10 4... .s 6.0. oz . N.
0.19 acres ' 'i`, `^ a r ay J ,
(Part One) ry / / `, '° w
\
6 • Note: , /
O • Dimensions shown arc from the
h/ ', `. corners of the City of College /// •
w
..4‘ Stotion tract, os originally surveyed n i
• : c by Jae Orr, Inc. in Ilorch 1979.x/
e
1 0/ w� - 7 f The iron rods were opporently /.
,� distured during fence construction. \ ♦c/
1* • `
/ 5 j, , City of College Station 1
I `� rodi 1.01 acres a /
• Vol. 436, Pg. 422
i
/ I
i i F � W _ 155.00' Existing Location of • / /
m ' • 5 82' 2a •
35 ,3 4 0 . IB 5 City of College Station `•�
Water Well No. 1 g
66 Lrl ' .. la G� ' 6 (pomp shaft) C6' / .. , / / line found n C O ,/
N N 60•E -0.30' J \•, 7 ` Q—*A • �/ • N
(-4 j) i cs / /
s — • „,\ - '
e
(Pr y
v, \
s
D ss '( to ,• .� /OAT /
�� /�o
6 Al Brandt, Jr. and ' ° 4 1e + ''
f, wile, Susan J. Brandt m o o . ro , / D'Anne R. J
12.00 acres hy 1' (partial interest in) 165.00 oc.
3 Vol. 3819, Pg. 153 — Vol. 1306, Pg. 259
_
1 a � .,, / also see:
• 6 ` 5 (partial interest in) 185.85 ac.
3 P ro Proposed
`
Easement ti / Vol. 1949, Pg. 304 (& others) • �
N 0.15 acres ./ r k°
oo (Part Two) Je •i N .- /
o rg • i / Ct • aF 7'•
��
a, Joe O Inc. 4 ta ` eF ' (� D „yt• A •• " v S •
v Surveyors d Engineers '� 'A' 4 1 ••••
lL 2167 Post Oak Circle ` ti9 e ! • /
E College Station, TX 77845 9yK • V ∎'
(9 79) 690 -3378/ / .' UR• E
n.
CJ
(PO
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690-3378
Proposed Sanitary Control Easement
D'Anne R. Johnson Tract
Thomas Webb survey A -240
Brazos County, Texas
August 7, 2007
All that certain tract or parcel of land lying and being situated in the Thomas Webb survey,
Abstract No. 240 in Brazos County, Texas, being a part of that 165 acre tract partial interest
of which was conveyed to D'Anne R. Johnson by deed Volume 1306, Page 259 of the
Official Public Records of Brazos County, Texas being a portion of circle of 155 foot radius
centered on the City of College Station Water Well No.l and being more particularly
described as follows:
Commencing at the center of the said City of College Station Water Well No. 1 in that 1.01
acre tract conveyed to the City of College Station by deed recorded in Volume 436, Page 422
of the Deed Records of Brazos County, Texas, from where GPS monument BZ136 bears S
81° 35' 34" W — 12956.4'.
Thence S 79 53' 05" E — 155.00 feet along the radius of said circle to the Point of
Beginning of this easement on the northwest line of the said Johnson 165.00 acre tract, at a
point from where a concrete monument found at the north comer of the said Johnson tract in
the southwest line of F.M. 1687 (Sandy Point Road) bears N 42° 49' 45" E — 96.8 feet;
Thence along the arc of said circle in a clockwise direction through a central angle of 65 25'
41" through the said D'Anne Johnson tract back to the northwest line of same;
Thence N 42° 49' 45" E -- 167.54 feet along the northwest line of the said Johnson tract to
the Point of Beginning and containing 0.06 acres of land more or less.
Bearings are Texas State Plane, NAD83(1993) datum, based on Brazos County GPS
monuments BZ136 and BZ133 (N 35° 20' 24" E).
See survey plat dated August 2007. ° T
i '''..AVel • 'I
4.... , Yf • ... ..N ). I
DA ....1 ,AYO
•.N ��)
,,, N � ;� 1 475 ,,..
,,,,„;;„..,,,,...,
(....
Proposed Sanitary Control Easement
—\ D'Anne Johnson Tract
Thomas Webb survey A -240
Brazos County, Texas August 2007
FM 76 0 30 60 120 Feet
U 0. Bearings ore Texas State Plane. NA083(1993)
V1/ datum, based an Brazos Cauntr GPS monuments
rr 9fJ(� p 82136 and BZ133 (N 35'20'74 E)
\`
Cf__ °a nt p Alt existing easements and utilities are not
\ \ — — oQd)
See seporshown on this plat.
--- wit metes and bounds description
prepared with this plat.
\ \
N.
// \ /
•
'a v , x/
i S
..r / ° � ' athl 6 is
Existing Location of / o ----_ 'b
i City of College Station City of College Station P/ o \
' Woter Well No. 1 1.01 ocres ' o a', ,f,1
(pump shaft) Vol. 436, Pg. 422 I . a c." L v
•
0. 35•3 129 536 S ?9'53.0 °� 'e
o 1 . s e GPs m••• ez 5`E _ 155.00• 1 2. b'
/ ///
C6 r t; • 4 • / oQ
cs
�g /
ED
. i r' 0�, Lk Y
t` o `j �\ I ra ?
co 0 Proposed
� * :-L 9.$
\. u �t . h ° 0.06 acres
C m
cii
r \ \ / a � \e / / D
N
{ ° n Al Brandt, Jr. and \ a��
a`i wife, Susan J. Brandt �,
12.00 ocres — _ -
vi i Vol 3819, Pg. 153 v/ / D'Anne R. Johnson
. ' r (partial interest in) 165.00 cc.
Q :b' 3 '� P ti VOI. 1306, Pg. 259
o / " d / also see'
nii o J (partial interest in) 185.85 ac.
o N 4"/ ..,,, Vol. 1949, Pg. 304 (k others)
a / *e /
0 a� 4 6
c a
@ Joe Orr, Inc. / `V qq Surveors k Engnears t i: 2167 Post Oak Circle . .«a. a ...
E (o College Station, TX 77845 r
e (979) 690 -3378 •.,, 47 t
,4;: ss; q: , ` l off/ }.
p ..« L ` . /
I
111";)
Joe Orr, Inc.
Surveyors d Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690-3378
Proposed Sanitary Control Easement
Johnny Ward Tract
Samuel Johnson survey A -147
Brazos County, Texas
August 7, 2007
All that certain tract or parcel of land lying and being situated in the Samuel Johnson survey,
Abstract No. 147, in Brazos County, Texas, being a part of that 8.00 acre tract conveyed to
Johnny Redden Ward by deeds recorded in Volume 657, page 539 of the Deed Records of
Brazos County, Texas, and Volume 3504, Page 58 of the Official Public Records of Brazos
County, Texas, being a portion of circle of 155 foot radius centered on the City of College
Station Water Well No. 2 and being more particularly described as follows:
Commencing at the center of the said City of College Station Water Well No. 2 in that 1.39
acre tract conveyed to the City of College Station by deed recorded in Volume 436, Page 425
of the Deed Records of Brazos County, Texas, from where GPS monument BZ136 bears S
76° 43' 02" W — 9861.2'.
Thence N 40° 51' 52" E — 155.00 feet along the radius of said circle to the Point of
Beginning of this easement on the northeast line of the said City of College Station 1.39 acre
tract;
Thence along the arc of said circle in a clockwise direction through a central angle of 163°
14' 46" through the said Johnny Redden Ward tract to the southwest line of the said Ward
tract at point from where a 1/2" iron rod was found S 7° 21' 15" E — 279.15 feet at a fence
4
corner;
Thence N 7° 21' 15" W — 35.48 feet along the southwest line of the said Ward tract to the
south corner of the said City of College Station tract from where a ' /2" iron rod was found N
23° W — 0.70 feet;
Thence N 72° 35' 49" E — 200.00 feet along the southeast line of the said City of College
Station tract to the east corner of same from where a 1/2" iron rod was found S 4° W — 0.31
feet;
Thence N 7° 30' 29" W — 165.10 feet along the northeast line of the said City of College
Station tract to the Point of Beginning and containing 0.41 acres of land more or less.
Bearings are Texas State Plane, NAD83(1993) datum, based on Braze ty GPS
monuments BZ136 and BZ133 (N 35° 20' 24" E). „r � , OF T
�: G E • •
See survey plat dated August 2007. ..- ' A as
k ', 1 , D R A i. )
1( d ^ V . • ,,
• •
al 6 S `o•yo
„ • su "RN4
Cor
Proposed Sanitary Control Easement
Johnny Ward Tract
C Samuel Johnson survey A— 1 47
Brazos County, Texas
ti r
o� °J4�` a
P °‘(\ b \
S dy,�ol
off` c
r‘
(6 % Note: 5
S ^r F yq, Dimensions shown are from the 5
Z3• 4 " 0 .4f 9 1 bo corners of the City of College r 1 g
Station tract, as originally surveyed
by Joe Orr, Inc. in Morch 1979. t: \ p
'1 The iron rods were apparently `i
disturbed during fence construction. II
August 2007 \ I
City of College Stotion
0 30 60 120 Feet 1.39 acres
Vol. 436, Pg. 425
l--I 1--4 F--t 1 I I
Bearings are Texas State Plane. NPD83(1993) iTSS • I Z \
dotum. based on Brazos County CPS monuments N.P. ll
BZ136 and BZ133 (N 35'20'24 E). - \
C 6 .
as Al l existing eosements an u ore not 4, O \
N shown on this plot. 4 '} N�
.-
r ,.; See separate metes and bounds description dy 1
N prepared with this plat. Existing Location of a
IX + ' City of College Station � 1
n I ! ' �
' Water well No. 2 I
8 n (pump shaft 1 l cn
IA u lP
cO
a }6 1 55' radius : o
a l \ . . _ s T o2M_ man, BZ
g " 1 A • l a Proposed � , •
4;e ' ..
s '• Easement J
I 0.41 acres _� C ° /
N. I p o o ;°
ro ' . Johnny S. Lamps \ - 2 1 •
I; 33.6 acres ` '49 E - " ., 1 ''
Vol. 438, Pg. 339 \ � i ` % I A 1 /„'")
H 1,r,y_ O . .
/
CI Z
�
-",,' La 1
/
o £_ --\ ----- Johnny Redden Ward
C1 8.00 acres
vol. _ , Pg. 539
aN `m.; -- t , „:: 58
g •ax
'1 aµ pond
0 Joe Orr, Inc. l s F . �
9. ^ \ c, A
Surve & Engineers ,,, -, 11 !�+ �'''
L` 2167 Post Oak Circle o ' ,. ,• •
2_, College Stotion, TX 77845 8N ` � a ` �Y• 7':`)
(979) 690 -3378 I $ . \ ,,....‘.1.„.4,,,,, d p .?' r
U -VV ' •"...,`,--1 $ lei00 r'
„ SUR a;
(me
Joe Orr, Inc.
Surveyors 8. Engineers
(11, 2167 Post Oak Circle
College Station, TX 77845
(979) 690 -3378
Proposed Sanitary Control Easement
Johnny Lampo Tract
Samuel Johnson survey A -147
Brazos County, Texas
August 7, 2007
All that certain tract or parcel of land lying and being situated in the Samuel Johnson survey,
Abstract No. 147, in Brazos County, Texas, being a part of that 33.61 acre tract conveyed to
Johnny S. Lampo by deed recorded in Volume 438, page 339 of the Deed Records of Brazos
County, Texas, being a portion of circle of 155 foot radius centered on the City of College
Station Water Well No. 2 and being more particularly described as follows:
Commencing at the center of the said City of College Station Water Well No. 2 in that 1.39
acre tract conveyed to the City of College Station by deed recorded in Volume 436, Page 425
of the Deed Records of Brazos County, Texas, from where GPS monument BZ136 bears S
76° 43' 02" W -- 9861.2'.
Thence S 24° 06' 38" W — 155.00 feet along the radius of said circle to the Point of
Beginning of this easement on the southwest line of that 8.00 acre tract conveyed to Johnny
Redden Ward by deeds recorded in Volume 657, Page 539 of the Deed Records of Brazos
County, Texas, and Volume 3504, Page 58 of the Official Public Records of Brazos County,
Texas;
Thence along the arc of said circle in a clockwise direction through a central angle of 116 °
48' 15" through the said Johnny Lampo tract to the southwest line of the said City of College
41111, Station tract at point located S 7° 30' 29" E - 69.48 feet from the northwest comer of same in
the south right -of -way line of F.M. 1687 from where a 'A" iron rod (bent) was found (bent) S
25° W — 0.24 feet;
Thence S 7° 30' 29" E — 228.56 feet along the southwest line of the said City of College
Station tract to the south corner of the said City of College Station tract from where a'/" iron
rod was found N 23° W — 0.70 feet;
Thence S 7° 21' 15" E — 35.48 feet along the southwest line of the said Ward tract to the
Point of Beginning and containing 0.32 acres of land more or less.
Bearings are Texas State Plane, NAD83(1993) datum, based on Brazos County GPS
monuments BZ136 and BZ133 (N 35° 20' 24" E). :.•s'?
G
See survey plat dated August 2007. y
* roe
$. . .R L ! -
(be
Proposed Sanitary Control Easement
Johnny Lampo Tract
c Samuel Johnson survey A— 1 47
Brazos County, Texas f
� o odl ,//
�
Pp' \ August 2007
<So �dy i' � o/
•
11 0 30 60 120 Feet
F M r Beorings ore Texas State Pione, NAD83(1993)
' • datum, bosed on Brozos County GPS monuments
S �'n , r rq c ° � ' O B1136 and 8Z133 (N 35 E).
?sw • o Z °, J' NI existing eosements and utilities ore not
u , shown on this plat.
See separote metes and bounds description
15 prepared with this plat.
w � I
City of College Station l
/ 1.39 acres �\
Vol. 436, Pg. 425
1\1.
!. Note:
Proposed / Dimensions shown are from the l
/ corners or the City of College
Easement Station tract, os originally surveyed
e
by Joe Orr, Inc. in March 1979.
d 0.32 acres R / ' The iron rods were opparently ° —\
= t P r � disturbed during fence construction.
I a sy l
r Existing Location of S
Id u PO � I$ v
City of College Stobon
^ o 1 � It , N p x . • 1 Water Well No. 2 i
rn l 6 1.2' (pump shoft) •
1` D I \ t } Slo Gpsamo'BZjj6 I
co _' 11
N
0+1 VI t 9 8
a? , a tGaJ h. \
co. al - cjJ
3 Johnny S Lampo \ ` ;c ,
n 33.61 acres I s''
0 Vol. 438, Pg. 339 \ '! >
I-7 \ H? 3 ` ' w a 14 ut
NII / /
rx \ 01 .•
o
LP
01 ��• - Johnny Redden Ward
rX m . 8.00 acres
O 657, Pg. 539
1� ` O. h ,04, Pg. 58
g \ r `
Q I 3i,, pond f G t . .
Joe Orr, Inc. s , t :} r 4
Surveyors ,k Engineers - 6
1 Z _
LL 2167 67 Post Ook Circle \ ; ` ` ;� ° `• a a °' '
• Col Station, TX 77845 0 .. • .. , N .....• ."...)t.
a., (97 690 - 3378 3 p '. � • 14
ce