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Home My WebLink About04-26-01-11.03 - Resolution - 04/26/2001RESOLUTION DETERMINING NEED RESOLUTION NO. 04-26-01-11.03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE AN EXCLUSIVE PUBLIC UTILITY EASEMENT IN CERTAIN PROPERTY; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE AN EXCLUSIVE PUBLIC UTILITY EASEMENT IN PROPERTY FOR THE PARALLEL WATER TRANSMISISON PIPELINE PROJECT PHASE 4 AND FOR ALL OTHER UTILITIES TO SERVICE THE WEST SIDE OF COLLEGE STATION; AND ESTABLISHING PROCEDURES FOR THE ACQUISITION OF A UTILITY EASEMENT THE PROPERTY. WHEREAS, it is necessary to establish procedures for determining the establishment and approval of just compensation for each of the parcels in which to acquire a utility easement for the PARALLEL WATER TRANSMISSION PIPELINE PROJECT, PHASE 4; and WHEREAS, there may be improvements located on some of the real property in which an Easement interest is acquired for this Project, and such improvements may be required to be moved or demolished prior to the beginning of the Project; 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 construction of a parallel water transmission pipeline adjacent to the TxDOT right-of-way along FM 2818 (Harvey Mitchell Parkway) at the northern property boundary of Texas A&M University to Marion Pugh Drive, then along Marion Pugh Drive to the DoMing Road Pump Station, and the public welfare and convenience will be sen, ed by the acquisition of an exclusive public utility easement in properties referenced as Exhibits "A" through "C" attached hereto and made a part hereof for all purposes as pan of the PARALLEL WATER TRANSMISSION PIPELINE Project, Phase 4, for the purpose of expanding the City's water production facilities to meet present and future system demands and to present and future demands for utility services for the west side of College Station. PART 2: That the City Mm~ager 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 an exclusive public utility Easement interest in property for the PARALLEL WATER TRANSMISSION PIPELINE PROJECT PHASE 4 and for sewer and electric service to the west side of College Station. 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 said the City to determine whether said appraisal repons are supported by sufficient data. Based upon such examination of said appraisal reports, the Land Agent or other appraiser shall make a recommendation to the City Manager as to the establishment and approval of the amount of the just compensation for an exclusive public utility easement interest in said parcels. PART 4: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of an exclusive public utility Easement in the parcels. PART 5: PART 6: PART 7: PART 8: Upon establishment and approval by the City Manager of the amount of just compensation tbr the acquisition of an exclusive public utility Easement interest, the City's Land Agent is authorized to communicate a written offer to the owners of said parcels for the acquisition of an exclusive public utility Easement interest in said parcels at the full amount determined and established to be just compensation therefore and to negotiate with said owners on behalf of the City. If the amount of compensation is in excess of $50,000.00, the offer shall be contingent on City Council approval. That the Mayor after approval by City Council is hereby authorized to execute all documents necessary to acquire an exclusive public utility Easement in each of the parcels needed for said Project, on behalf of the City of College Station. 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. That this resolution shall take effect immediately from and after its passage. ADOPTED this 26th day of ATTEST: CONNIE HOOKS, City Secretary APPROVED: April . A.D. 2001. APPROVED: LYNN'~ILHA~E:Y;May°r/ City Attorney Exhibit A Joe Orr, Inc. 2167 Post Oak Ciile College Station, TX 77845 (979) 690-3378 Utility Easement TLS Properties, Ltd.. Tract ~ Bumett League College Station, Texas March 29, 2001 All that certain tract or parcel of land lying and being situated in the Crawford Bumett League, Abstract No. 7, in College Station, Bnmos County, Texas, being a part of that 134.041 acre tract conveyed to TLS Properties, Ltd. in deed recorded in Volume 3022, 187 of the Official Public Records of Brazoa County, Texas, and a part of the abandoned I&ON Railroad fight-of-way aealuimd by condemnation and recorded in Volume 3, Page 529 of the Civil Minutes of Brazos County, Texas, being an easement lying along and adjacent to the south right-of-way line of Harvey Mitchell Parkway (F.M. 2818) and along the southwest fight-of-way line of said I&ON right-of-way and being, more particularly described as follows: Beginning in the southwest right-of-way line of Harvey Mitchell Parkway in the line between th, said TLS Pmpmti~a, Ltd. tract and that 81-1/2 acre tract conveyed to Harry Oorzyeki by deed recorded in Volume 81, Page 186 of the Deed Records of Brains County, Texas, from which an old 6" cedar finaee comer post was found 0.7' SW and a broken 5" fence comer post was found S 41' 44' 04" W - 2414.8 f~ at the south common comer of the said Oor~eki and TLS Propertie~, Ltd. tracts. Thence S 41" 44' 04" W - 59.68 feet along the line between the said TLS Properties, Ltd. tract and the said Oomyekl tract the most westerly comer of this tract; Thence through the said TLS Properties, Ltd. tract parallel to and forty feet (40') from said fight-of-way line as follows; N 83* 49' 10' E - 346.42 ~ to an angle point; lq 84" 57' 15" £ - 1000.33 feet to an angle point; N 113' 48' 30' E -224.16 ~ to an angle point; S 88° 54' 38" E - 213.32 ~ to an angle point; S 47" 13' 34" E - 293.54 ~ to an angle point in the old southwest fight-of-way line of the abandoned I&ON Railroad; Thence S 22° 03' 25" E - 614.30 fl~ to a fence in the northwest line of Dowling Road for the most southerly comer of this tract: Utflity Easement- TLS ~i¢. Page I of 2 Thence lq 43* 00' 00" E - 49.63 feet alon8 the northwest line of Dowling Road to the most easterly comer of this tract; Thence N 22° 03' 25" W - 663.41 ~ approximately along an old fence line on the northeast line of the said TLS Properties, Ltd. tract to the southeast right-of-way line of Harvey Mitchell Parkway; Thence along the south right-of-way line of Harvey Mitchell Parkway as follows: N 7:5° 47' 223" W -- 63.83 ~ to a concrete right-of-way marker found at an angle point, N 47° 13' 34" W -- 208.45 feet to a concrete right-of-way marker found at an angle point; N 88° 54' 38" W - 231.09 feet to a concrete right-of-way marker found at an angle point; $ 83° 48' 30" W - 226.30 ~ tO an angle point; S 84° 57' 1:5" W - 1000.33 feet to a concrete right-of-way marker found at an angle S 83° 49' 10" W -- 302.52 feet to the Point of Beginning and containing 2.58 acres of land more or less. Bearings are Texas State Plane, Central Zone, NAD-83 datum, as determine! by GPS observations u~ing City of College Station 1994 GPS m~numeats. Utility ~t~mntM - TLS ~i~ Page 2 of 2 Exhibit B Joe Or!'_, .Inc. s .,o ,sEnglneers 2167 Post Oak Ciile College Stalio~ TX 77845 (979) 690-3378 Utility Easement Cmwfmd Burnett Le~g~ College Station, Texas March 29, 2001 All that certain treat or parcel of land lying and being situated in the Crawford Burnett League, Abstract No, 7, in Collqle Station, ]~razos County, Texas, being a part of that 81-1/2 acre tract conveyed to Harry Gorzycki as "Third Tract" in deed recorded in Volume 81, Page 186 of the Deed Records of Brago8 County, Texas, being an easement forty fg~-t (40") in width lying along and adjacent to the south right-of-way lime of Harvey Mitchell Parkway (F.M. 2818) and being more partlmdarly described as follows: Beginning in the southwest right-of-way line of Harvey Mitchell Pm'kw'ay in the line between the said Oorayoki tract and that 4.23 acre tract conveyed as 'Second Tract" to Jean A, Preston mad Linda Jean Preston by deed recorded in Volume 433, Page 48 of the Deed Pan~rds of Brazos County, Texas, from which an old 6" cedar f~nc~ corner post was found 1.0' SW and a petrified rock was found S 4 1° 50' 29" W - 629.4 feet at the most southerly 60rngr of the said Preston tract. Thence S 41° 50' 29" W -47.53 ~ along the line between the said Preston tract and the said (]~mycki tract the most westerly comer of this tract; Thence through the said Gorzycki tract parallel to and forty feet (40') from said xight-of- way line as follows; S gO° 50' 37" E - 485.99 feet to an angle point; N glo 55' 48" E - 265.68 f~n~t to an angle point; N 83° 38' 42" E - 132.36 fgn~t to an angle point, S 76" 53' 26" E -- 105.89 fact to an angle point; N 83° 49' 10" E - 114.50 fgt~t to ~ angle point; N 62° 01' 05" E -- 160.91 feet to an angle point; N g3°49'I0'' E - 844.82 f~t to the line b~wg~l the said Gorzycki tract and that 134.041 acre tra~ conveyed to TLS Properties, Ltd. by deed regoldgn:l in Volum~ 3022, Page 187 of the Official Public Records of Brazos Coun.ty, Texas; Thence N 41° 44' 04' B - 59.68 fzz$ along the line ~ the said Gorzy. cki tract and th~ said TLH Properties, Ltd. tract to the southeast right-of-way lin~ of Harvey Mitchell Parkway, from which a 6" cedar fence comer post was found 0.7' SW and a broken 5" fen~ ~omer post was found S 41° 44' 04' W- 2114.8'; Utile, Em~m,,~ - ~ Page ! om Thence along the south right-or-,way line of Harvey Mitchell Parkway as follows: S 83* 49' 10" W - 896.82 feet to a eonexet, right-of-way marker found at an angle point; S 62* 01' OS" W - 160.91 feet to a concrete right-of-way marker found at an angle point; S 83" 49' 10" W .-, 100.00 ft~ to a concrete right-of-way marker found at an angle point; N 76" 53' 26' W - 105.95 feet to a conexetc right-of-way marker found at an angle point; S 83* 38' 42" W - 139.82 feet to a c, onm'ete right-of-way marker found at an angle point; S 81' 55' 48" W - 260.22 feet to an sable point; lq 80° 50' 3'/" W - 454.27 feet to the Point of Beginning and containing 1.94 acres of land more or leas. Bearings are Texas State Plane, Central Zone, NAD-83 datum, ns determined by GPS observations using City of College Station 1994 GPS monuments. Utility Easement - (~yckl Page 2 of 2 Exhibit C Joe Orr, Inc. ~rs & Engineers 2167 Post Oak Clinic College Station, TX 77845 (979} 690-3378 Utility Easement Preston 4.23 Acre Tract Crawford Burnett ~ College Station, Texas March 29, 2001 All that certain tract or parcel of land lying and being situated in the Crawford Bumett League, Abstract No. 7, in College Station, Brago$ County, Texas, being a part of that 4.23 acre tract conveyed to Jean fi. Preston and Linda Jean Preston aa "Second Tract" in deed recorded in Volume 433, Page 48 of the Deed Records of Brazos County, Texas, being an easement forty ~ (40') in width lying along and adjacent to the south right-of- way line of Harvey Mitchell Parkway (F.M. 2818) and being more particularly described as followa: Beginning in the southwest right-of-way line of Harvey Mitchell Parkway in the line between the said Preston tract aba that gl-l/2 acre tract conveyed as "Third Tract" to Harry Gorzycki by deed recorded in Volume 81, Page 186 of the Deed Records of Brazoz County, Texas, from which an old 6" cedar fence comer post was found 1.0' SW and a petrified rock was found S 41" 50' 29" W - 629.4 feet at the most southerly comer of the said Preston tract. Thence N gO° 50' 37" W - 50.52 ~ along said right-of-way to a concrete right-of-way monument found at an angle point; Thence N 76° 46' 47" W - 339.50 ~ continuing along said right-of-way to the common comer of the said Preston tract and that 6.2 1 acre tract conveyed to Ervin M. Williams Sr. and wife Mildred Williams by deed recorded in Volume 433, Page 39 of the Deed Records of Brazo~ County, Texas, from which a 3/$" iron rod was found N 41 * E -- 0.2'; Thence S 40° 46' 04" W - 45.11 feet along the line betxveen the said Preston tract and the said Williams ttlgt to the most westerly comer of this tract; Thence S 760 46' 47" E -. 361.79 feet through the aaifl Preston tract, parallel to and 40' from the southwest right-of-way li~ of Harvey Mitchell Parkway, to an angle point: Thence S 80' 50' 37" E ,- 26.27 ~ continuing through the said Preston tract, parallel to and 40' from said right-of-way line to the line between the said Preston tract and tl~ said Oot'zy~ki tract; Utili~ Easement - Pr~m ~ Page I ot2 Thence N 41" 50' 29" E -- 47.53 feet along the line bet~veen the said Preston tract and the said Gorzycki tract to the Point of Beginning and containing 0.36 acres of land more or less. Bearings are Texas State Planz, Central Zone, NAD-83 datum, as determined by GPS oba~vatio~ using City of CoiL--ge Station 1994 GPS monuments. Easement - Preston Tract Page 2 ot2