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HomeMy WebLinkAbout06-22-2006-13.12 - Resolution - 06/22/2006 RESOLUTION NO. 06-22-2006-13.12 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 THROUGH CONDEMNATION AN EXCLUSIVE, PERMANENT PUBLIC UTILITY EASEMENT REGARDING 2.80 ACRES OF LAND, MORE OR LESS, IN BRAZOS COUNTY, TEXAS, A PART OF THE MARIA KEGANS LEAGUE, ABSTRACT NO. 28; (2) A DECLARATION THAT A PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE SAID EASEMENT THROUGH 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 ofthe State of Texas; and WHEREAS, the City owns, operates, constructs, repairs, and maintains a municipal electric utility system ("electric utility system") as a public service, in order to provide electric power 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 electric utility system is a benefit to the public, because the system currently provides, and will provide in the future, an important source of electric power to the public and the City. Therefore, the electric 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 electric utility system pursuant to the following, non-exclusive authority which is hereby 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 ofthe City Charter; and WHEREAS, the City is engaged in the following project regarding the improvement and expansion of its electric utility system: the Brazos Tie Transmission Line Project ("project"). This project has been the subject of review and approval by the Electric Reliability Council of Texas ("ERCOT"). This ERCOT approved project will benefit the public, the City, and the entire Bryan-College Station area because its completion and operation will enhance and improve the sources of electric power available to the community at large. Therefore, this ERCOT approved project, which includes the acquisition of the exclusive, public utility easement and right of way herein described, is hereby declared to be a worthwhile public use and purpose; and RESOLUTION NO. 06-22-2006-13.12 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 electric utility system should be improved and expanded by the City's acquisition through a condemnation proceeding of an exclusive, permanent public utility easement and right of way ("permanent public utility easement") regarding the project, on, in, over, ABOVE, along, under, across, and through a certain tract or parcel ofland, being and situated in Brazos County, Texas, containing 2.80 acres, more or less, a part of the Maria Kegans League, Abstract No. 28, therein ("subject property"), in exchange for the payment of reasonable, adequate, and just compensation by the City to the owner or owners thereof, said subject property being more particularly described by metes and bounds and survey plat in Exhibit A, which is attached hereto and incorporated by reference; and WHEREAS, pursuant the authority stated herein, the City intends and seeks to acquire the permanent public utility easement regarding the subject property for the following, declared public use and purpose regarding the project: (a) the construction, installation, inspection, placement and removal of electric power lines and related electric utility infrastructure, facilities, and improvements by the City, on, in, above, under, and below the ground, in order to improve, expand, and maintain the transmission and distribution of electricity within the City's electric 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, and maintenance of the electric utility system at the location of said easement on the subject property, including all utility infrastructure, facilities, or improvements placed on, in, above, under, and below the ground, in order to improve, expand, and maintain the transmission and distribution of electricity within the City's electric 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 through a condemnation proceeding the permanent public utility 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 through a condemnation proceeding is necessary to accomplish, achieve, and advance the public uses and purposes described herein; and 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 BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: U:\Reso/ution 20061RESOLUTION NO. 6-22.2006./3./2.doc 2 RESOLUTION NO. 06-22-2006-13.12 Page 3 PART 1: PART 2: PART 3: PART 4: PART 5: PART 6: 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. All prior resolutions or orders regarding the project, the permanent public utility easement, and the subject property are hereby supplemented and incorporated by reference. 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, and the subject property are hereby authorized, ratified, approved, confirmed, and validated. All statements made in the caption, preamble, and preliminary recitals of, and the documents attached to, this resolution, are true, correct, and incorporated by reference. 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 electric utility system of the City be improved and expanded by the City's acquisition of the permanent public utility easement regarding the subject property, as described herein. The permanent public utility 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: a. the construction, installation, inspection, placement and removal of electric power lines and related electric utility infrastructure, facilities, and improvements by the City, on, in, above, under, across, through, and below the ground, including but not limited to electric transmission lines, connecting lines, access facilities, poles, pole grounding, assembly, and foundation structures and equipment, insulator structures and equipment, wires, attachment structures and equipment, cross-arm assembly structures and equipment, and communication lines specifically related thereto, in order to improve, expand, and maintain the transmission and distribution of electricity within the City's electric utility system, now and in the future, for the benefit of the public and the City; b. the permanent ownership, operation, construction, repair, inspection, placement, removal, and maintenance of the electric utility system at the location of said easement on the subject property, including all utility infrastructure, facilities, or improvements placed on, in, above, under, U:IReso/ution 2006\RESOLUTION NO. 6-22-2006-J3.12.doc 3 RESOLUTION NO. 06-22-2006-13.12 PART 7: PART 8: PART 9: Page 4 across, through, and below the ground, as described herein, in order to improve, expand, and maintain the transmission and distribution of electricity within the City's electric utility system, now and in the future, for the benefit ofthe public and the City; and c. any other public use and purpose described in this resolution. 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 by the City through a condemnation proceeding. Regarding the permanent public utility 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 easement 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 easement through a condemnation proceeding for the public uses and purposes stated in this resolution. b. The City's acqulSltJOn of said easement through a condemnation proceeding is necessary and convenient to accomplish, achieve, and advance the public uses and purposes stated in this resolution. 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 and the subject property: 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 obtain or complete: 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, including the initiation and completion of all administrative and adjudicative phases of a condemnation proceeding; and the construction, operation, inspection, U:\Resolution 2006\RESOLUTION NO. 6-22-2006-13.J2.doc 4 RESOLUTION NO. 06-22-2006-13.12 PART 10: PARTll: Page 5 removal 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 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 for the City of all required property interests and title regarding the subject property. d. Said representatives shall continue to have the authority to determine reasonable, adequate, and just compensation for said easement, and to negotiate with the property owner for the purpose of acquiring for the City all required property interests and title regarding the subject property. e. Said representatives shall have the authority to initiate and complete all administrative and adjudicative phases of a condemnation proceeding against the property 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 obtain the accomplishment ofthe public uses and purposes described herein. 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. Said owner shall not be allowed to lay-out, dedicate, construct, maintain, or use any house, building, structure, obstruction, or reservoir, or to permit same to be accomplished, on, over, or within said easement, except as provided herein. However, 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 said use does not change the grade over the land of said easement without the prior written consent of the City. Upon acquisition of the permanent public utility easement on the subject property, the City shall have the right and authority to construct, operate and maintain said easement, and all utility infrastructure, facilities, or improvements on, in, above, below, or under the subject property, in order to do what is necessary for the full use and enjoyment of the rights acquired by the City, including but not limited to: the right to select the exact location for the placement or removal of said utility infrastructure, facilities, or improvements; the right of ingress and egress on, in, U:1Resolution 2006\RESOLUTION NO. 6-22.2006-13./2.doc 5 RESOLUTION NO. 06-22-2006-13.12 Page 6 above, below, under, across, and through the subject property for the purposes described in this resolution; the right to trim, cut, or remove trees, brush, and shrubbery, and the right to remove any possible hazard (including houses, buildings, structures, or obstructions), on, over, above, or under said easement, which, in the sole judgment of the City, may endanger or interfere with the efficient, safe, or convenient use by the City of the easement on the subject property for the purposes described in this resolution. PART 12: This resolution and order shall take effect immediately from and after its passage. This resolution was passed at a public meeting in compliance with the Texas Open Meetings Act. ADOPTED this the 22nd day of June, 2006. APPROVED: ~~~LL~;v RON SIL A, Mayor ATTEST: 0.J)rvM~ Connie Hooks, City Secretary APPROVED: E~~~I City Attorney U:\Reso/ution 2006\RESOLUTION NO. 6-22-1006-13.12.doc 6 131 Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, TX 77845 (979) 690-3378 Proposed Easement Canyon Creek Partners, LTD. Tract Mma Keg/li1s League Brazos County, Texas October 14, 2005 All that certain tract or parcel of land lying and being situated in the Marill Kegans League, Abstract no. ;l8, in Brazos County, Texas, being an easement seventy feet (70') in width through that 44.24 acre tract conveyed to Canyon Creek Partners, Ltd. by deed recorded in Volume 5639; Page 26 of the Official Public Records of Brazos County, Texas, extending from Nunn Jones Road to State Highway No. 3f)and being more particularly described as follows: Beginning at a Yz"iron rod found in the southwest right-of-way line of State Highway No. 30 from which the City of College Station 1994 GPS control monument no. 242 bears N 45014' 25"W -1896.5 feet. if Thence S 590 29' 09" E - 36.49 feet along the southwest right~f-way line of State Highway No. 30 to the most eastedy comer of this tract, from which a Yz" iron rod in concrete was found S 590 2~' 09" E - 11.46 feet at the common comer of the said Canyon Creek Partners, Ltd. tract and Patricia R. PeaJ;Ce remainder of Eight acres described in Volume 1947, Page 80 of the Official Public Records of Brazos County, Texas; Thence S 310 05' 25" W ~ 53.98 feet through the said Canyon Creek Partners, Ltd. tract to an angle point; Thence S 420 59' 14" W - 1679.38 feet continuing through the said Canyon Creek Partners, Ltd. tract to an angle Point; Thence S 31022' 21" W - 42.26 feet continuing through the said Canyon Creek: P/l1.1ners, Ltd tract to the northeast llilebfNwin Jones Road, from which a Yz" iron rod was found S 15059' 11" E - 13.21 feet oil the west side ofa 26" oak tree at the common comer of the said Cimyon Creek Partners, Ltd. tract and the Leonard L..Muesse and wife 2.00 acre tract described in . Volume 1396, Page 22 of ttie Official Records of Brazos County, Texas; . . . Thence N 150 59' 11" W - 91.62 feet along the northeast line ofNunn Jones l{oadto the mQst westerly comer of this tract; . . iliectri. llasemont Canyon Crook Plms EXHIBITA Paso i of2 132 Thence N 420 59' 14" E - 1666.26 feet through the said Canyon Creek PartnelB, Ltd. tract ~o an angle point; . Thence N 31005' 25" E - 45.21 feet continuing through the said Canyon Creek Partners, Ltd. tract to the southwest right-of~way line of State Highway No. 30; Thence S 600 48' 09" E - 33.53 feet along the southwest right-of-way line of State Highway No. 30 to the Point of Beginning and containing 2.80 acres ofland m()re or less. 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