HomeMy WebLinkAbout1-10-2002-10.4 - Resolution - 01/10/2002 RESOLUTION NO. 1- 10- 2002 -10.4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, DECLARING THE NECESSITY FOR ACQUIRING BY CONDEMNATION A
PUBLIC UTILITY EASEMENT IN CERTAIN DESCRIBED PROPERTY TO INSTALL AND
MAINTAIN THE WATER TRANSMISSION PIPELINE PROJECT, AND ORDERING THE
CONDEMNATION OF SAID PROPERTY TO PROCEED.
WHEREAS, the City Council of the City of College Station has heretofore determined to acquire
the right -of -way necessary for the installation, maintenance, repair, reconstruction, modification,
removal, inspection of the water pipeline system and communication lines to service the water
system and related equipment; and
WHEREAS, an independent professional appraisal report of the subject property has been
submitted to the City, and the City Manager has accordingly established and approved a certain
amount determined to be just compensation for that parcel, pursuant to the authority granted him
by Resolution of the City Council on February 22, 2001; and
WHEREAS, an official written offer based upon the amount determined to be just compensation
has been transmitted to the owners of the property described herein, and further negotiations for
settlement have been futile and impossible because the owners are unable to convey easement title
to the property free and clear of any liens and encumbrances.
4 110 WHEREAS, the City of College Station has complied with all prerequisites of the laws of the State
of Texas to acquire the unencumbered easement interest, save and except oil, gas and sulfur rights
with no rights of exploration, in the property described in the attached Exhibit A; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the official offer by the City of College Station for the public utility easement in
land described in the attached Exhibit A, in the amount of Four Thousand Three
Hundred Thirty Eight Dollars ($4,338.00), is hereby confirmed.
PART 2: That it is hereby determined that the City of College Station has in fact transmitted a
bona fide offer to the property, in accord with the laws of the State of Texas, for the
property described in the attached Exhibit A. The property owner and the City of
College Station had agreed upon the value of the land or the damages to be paid but
further settlement negotiations have become futile and impossible because the
owners cannot obtain a release of the liens and encumbrances upon the property.
PART 3: That public necessity requires the acquisition of the unencumbered easement interest
in the property described in the attached Exhibit A, save and except oil, gas, and
sulfur rights with no right of exploration, for right -of -way for the installation and
maintenance of the Water Transmission Pipeline Project, in Brazos County, Texas;
and that public necessity and convenience require the condemnation of this property
in order to acquire it for such purpose.
Ildocserverlvolllgrouplagen- callfor legal reviewlcondemnation resolution - harrison owens - 1- 10- 2001.doc
1/2/02
RESOLUTION NO. 1 -10- 2002 -10.4 Page 2
PART 4: That the City Attorney is hereby authorized and directed to institute proceedings in
eminent domain against Harrison Owens, Laurelia Owens Penn, Brenda J. Owens,
Aubra Owens Carter, Bert Arnold, Jr., formerly known as Bert Arnold, III, Evelyn
Holmes Vick, and Ruthie Moton Blanford, owners of the property described herein,
and against all other owners, lienholders, and other holders of an interest in the
property, in order to acquire the unencumbered easement interest, save and except
oil, gas, and sulfur rights with no right of exploration, in and to the property lying
and being situated in Brazos County, Texas and described in Exhibit A attached
hereto and incorporated herewith.
PART 5: That the City Attorney is hereby authorized to deposit the Award of the
Commissioners from aforesaid proceedings into the registry of the Brazos County
Court.
PART 6: That this resolution shall take effect immediately from and after its passage.
PASSED and APPROVED this 10th day of January , 2002.
ATTEST: APPROVED
.
( in
CONNIE - HOOKS City Secretary LYNN cILHANEY, Mayor
APPROVED:
r •
ROXANNE NEMCIK,
First Assistant City Attorney
4110
Ildocserverlvoll lgrouplagen- callfor legal reviewlcondemnation resolution - harrison owens - 1- 10- 2001.doc
1/2/02
EXHIBIT "A"
FIELD NOTES
CITY OF COLLEGE STATION
PROPOSED 25' WIDE UTILITY EASEMENT
TRACT NO. 24
2.41 ACRES (105,045 S.F.)
BEING OUT OF THE
HARRISON OWENS, ET AL.
REMAINDER OF CALLED 102 ACRE & 2 -1/2 ACRE TRACTS
VOLUME "S ", PAGE 163, VOLUME 711, PAGE 675 AND
CIVIL MINUTES BOOK "J ", PAGE 401
A. McMAHON SURVEY, A - 168
BRAZOS COUNTY, TEXAS
OCTOBER 6, 2000
All that certain lot, tract or parcel of land being 2.41 acres situated in the A. McMAHON
SURVEY, Abstract No. 168, Brazos County, Texas, and being a part of the following described
tracts:
1) being a part of the remainder of that certain Called 102 acre tract as described in deed from
Jack McMahon to Jack Rogers of record in Volume "S ", Page 163, Deed Records of Brazos
County, Texas; and,
2) being a part of that certain called 2 -1/2 acre tract as described in Partition to M. Nagle of
record in Volume "J ", Page 401, Civil Minutes, District Court, Brazos County, Texas;
said 2.41 acre easement being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2" Iron Rod set in the southeast line of said Jack Rogers remainder of the
log Called 102 acre tract and the northwest line of the remainder of the John T. Lanehart, Sr. Called
23 -1/2 acre tract as described in Volume 3487, Page 308, for the most southerly corner, said
corner being a point in the northeast line of a 15 foot wide Fairview - Smetana Water Supply
Corporation water line easement and being N 41 ° 11 ' 50 " E, a distance of 25.87 feet from the
calculated south corner of said Jack Rogers remainder of the Called 102 acre tract and the west
corner of said Lanehart remainder of the Called 23 -1/2 acre tract;
THENCE along the southwest line of the herein described tract and the northeast line of said
Fairview - Smetana Water Supply Corporation 15 foot wide easement, the following calls:
1.) N 55 ° 38 ` 06 " W, a distance of 28.06 feet to a 1/2" Iron Rod set for angle point;
2.) N 49 ° 49 ` 38 " W, a distance of 56.01 feet to a 1/2" Iron Rod set for angle point;
3.) N 48 ° 54 ` 25 " W, a distance of 270.33 feet to a 1/2" Iron Rod set for angle point;
4.) N 52 ° 00 ` 23 " W, a distance of 353.09 feet to a 1/2" Iron Rod set for angle point;
5.) N 58 ° 13 ' 39 " W, a distance of 146.25 feet to a 1/2" Iron Rod set for angle point;
6.) N 51 ° 34 ` 06 " W, a distance of 578.21 feet to a 1/2" Iron Rod set for angle point;
7.) N 40 ° 15 ` 30 " W, a distance of 101.98 feet to a 1/2" Iron Rod set for angle point;
8.) N 51 ° 34 ' 06 " W, a distance of 347.08 feet to a 1/2" Iron Rod set for angle point;
9.) N 44 ° 00 ` 59 " W, a distance of 79.29 feet to a 1/2" Iron Rod set for angle point;
10.) N 52 ° 13 ` 04 " W, a distance of 120.27 feet to a 1/2" Iron Rod set for angle point;
11.) N 52 ° 40 ' 26 " W, a distance of 69.13 feet to a 1/2" Iron Rod set for angle point;
12.) N 57 ° 38 ` 50 " W, a distance of 56.64 feet to a 1/2" Iron Rod set for angle point;
13.) N 47 ° 26 ` 53 " W, a distance of 33.47 feet to a 1/2" Iron Rod set for angle point;
14.) N 50 ° 49 ` 02 " W, a distance of 166.57 feet to a 1/2" Iron Rod set for angle point;
15.) N 57 ° 11 ` 34 " W, a distance of 40.83 feet to a 1/2" Iron Rod set for angle point;
16.) N 48 ° 50 ` 22 " W, a distance of 76.60 feet to a 1/2" Iron Rod set for angle point;
EX HIBIT A
17.) N 52 ° 02 ` 50 " W, a distance of 276.99 feet to a 1/2" Iron Rod set for angle point;
18.) N 42 ° 18 ` 48 " W, a distance of 153.03 feet to a 1/2" Iron Rod set for angle point;
19.) N 38 ° 02 ` 23 " W, a distance of 359.37 feet to a 1/2" Iron Rod set for angle point;
20.) N 33 ° 00 ` 44 " W, a distance of 129.70 feet to a 1/2" Iron Rod set for angle point;
21.) N 24 ° 16 ` 13 " W, a distance of 214.40 feet to a 1/2" Iron Rod set for angle point;
22.) N 21 ° 03 ` 51 " W, a distance of 100.36 feet to a 1/2" Iron Rod set for angle point;
23.) N 29 ° 52 ` 29 " W, a distance of 105.03 feet to a 1/2" Iron Rod set for angle point;
24.) N 24 ° 09 ` 44 " W, a distance of 135.52 feet to a 1/2" Iron Rod set for angle point;
and,
25.) N 24 ° 51 ` 54 " W, a distance of 203.55 feet to a 1/2" Iron Rod set for the southwest
corner, said corner being a point in the southeast line of the Mary Margaret Fowler, Trustee of
the Testamentary Trust (Called Trust " B ") Called 1.641 acre tract as described in Volume 2415,
Page 317 , said corner also being N 42 ° 13 ` 53 " E, a distance of 18.02 feet from the calculated
south corner of said Fowler Called 1.641 acre tract;
THENCE, N 42 ° 13 ` 53 " E, along the southeast line of said Fowler Called 1.641 acre tract, a
distance of 27.14 to a 1/2" Iron Rod set for the northwest corner on the proposed northeasterly
line of the herein described tract, said corner being S 42 ° 13 ` 53 " W - 386.10 feet a 1/2" Iron
Rod found at the east corner of said Fowler Called 1.641 acre tract;
THENCE along said proposed northeasterly line of the herein described tract, the following
calls:
1.) S 24 ° 51 ` 54 " E, a distance of 214.27 feet to a 1/2" Iron Rod set for angle point;
2.) S 24 ° 09 ` 44 " E, a distance of 134.42 feet to a 1/2" Iron Rod set for angle point;
3.) S 29 ° 52 ` 29 " E, a distance of 105.71 feet to a 1/2" Iron Rod set for angle point;
4.) S 21 ° 03 ` 51 " E, a distance of 101.59 feet to a 1/2" Iron Rod set for angle point;
5.) S 24 ° 16 ` 13 " E, a distance of211.79 feet to a 1/2" Iron Rod set for angle point;
6.) S 33 ° 00 ` 44 " E, a distance of 126.69 feet to a 1/2" Iron Rod set for angle point;
7.) S 38 ° 02 ` 23 " E, a distance of 357.34 feet to a 1/2" Iron Rod set for angle point;
8.) S 42 ° 18 ` 48 " E, a distance of 149.97 feet to a 1/2" Iron Rod set for angle point;
9.) S 52 ° 02 ` 50 " E, a distance of 275.56 feet to a 1/2" Iron Rod set for angle point;
10.) S 48 ° 50 ` 22 " E, a distance of 75.47 feet to a 1/2" Iron Rod set for angle point;
11.) S 57 ° 11 ` 34 " E, a distance of 40.39 feet to a 1/2" Iron Rod set for angle point;
12.) S 50 ° 49 ` 02 " E, a distance of 168.70 feet to a 1/2" Iron Rod set for angle point;
13.) S 47 ° 26 ` 53 " E, a distance of 31.98 feet to a 1/2" Iron Rod set for angle point;
14.) S 57 ° 38 ` 50 " E, a distance of 55.50 feet to a 1/2" Iron Rod set for angle point;
15.) S 52 ° 40 ` 26 " E, a distance of 70.32 feet to a 1/2" Iron Rod set for angle point;
16.) S 52 ° 13 ` 04 " E, a distance of 122.16 feet to a 1/2" Iron Rod set for angle point;
17.) S 44 ° 00 ` 59 " E, a distance of 79.43 feet to a 1/2" Iron Rod set for angle point;
18.) S 51 ° 34 ` 06 " E, a distance of 347.91 feet to a 1/2" Iron Rod set for angle point;
19.) S 40 ° 15 ` 30 " E, a distance of 101.98 feet to a 1/2" Iron Rod set for angle point;
20.) S 51 ° 34 ` 06 " E, a distance of 574.28 feet to a 1/2" Iron Rod set for angle point;
21.) S 58 ° 13 ` 39 " E, a distance of 146.15 feet to a 1/2" Iron Rod set for angle point;
22.) S 52 ° 00 ` 23 " E, a distance of 355.13 feet to a 1/2" Iron Rod set for angle point;
23.) S 48 ° 54 ` 25 " E, a distance of 270.80 feet to a 1/2" Iron Rod set for angle point;
24.) S 49 ° 49 ` 38 " E, a distance of 54.54 feet to a 1/2" Iron Rod set for angle point; and,
25.) S 55 ° 38 ` 06 " E, a distance of 29.79 feet to a 1/2" Iron Rod set for the northeast corner
in the aforesaid southeast line of the Jack Rogers remainder of the Called 102 acre tract and the
northwest line of the Lanehart remainder of the Called 23 -1/2 acre tract, said corner being
S 41 ° 11 ` 50 " W, a distance of 772.37 from the calculated east corner of said Jack Rogers
remainder of the Called 102 acre tract;
E XHI B ITA
THENCE S 41 ° 11 ` 50 " W, along the line common to said Jack Rogers remainder of the Called
102 acre tract and said Lanehart remainder of the Called 23 -1/2 acre tract, a distance of 25.18
-- feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 105,045 SQUARE
FEET or 2.41 ACRES OF LAND MORE OR LESS, according to a survey performed during the
month of September, 2000, under the supervision of H. Curtis Strong, Registered Professional
Land Surveyor No. 4961. North Orientation is based on rotating the northwest line to Grid North
by utilizing GPS Methods. For other information see accompanying plat.
O F r, - ; - - , - . ,
S 1 ■
•
Q; V o \
. 4 . t
.... . t • \
`. `..0 s
4961 0 ;: o /
q N• 1..• f t
• o sv �,� •
P I66- C:IMSOFFICEIWINWORINCSWTI CT24F.DOC
nr
�� F/H . 0. h
I i
farliallignalli
•
�,�+- A -• 141.4
o� s HARRISON OWENS. ET AL.
a g§. � y.. � � REMAINDER OF CA LLED 102 Ac
1O Ma
36 w��° +z � + "S "/163, 711/675. B C3 Woo Book "J ", Pq. 401
., �N • 4NA
1/1 : I + :II
- 7s ="3,Ir 1 7.. S. VW !
�a
WNn �Ji
' I moo .10‘...a.2.30 09 P.
• W L
3 I- a +J``
HARRISON OWENS, ET AL.
o. k 4rw, y REMAINDER OF CALLED 102 Ac. B 2 -1/2 Ac. sr °� /
- � - S - /163, 71/675, B Grit WIS. Book - J - , Ps. 40I _ t
4 � O m
•
a ~ ' 2A1 ACRES 005,045 SQ- FT) �' /
-- =,. w.7+ LT., • 4 141... " . ... '..7-r f- .. a / /
woo. . .. N co.. .....o...s..,w -- ..ea�� �- .7-.r .�. / •
" --- - -
IIMIIMJi
LINE DISTANCE BEARING LINE DISTANCE BEARING d w a " -°• ,�
u 21.' 0 sane. w L27 2427 s 24 E /
L2 5107 0 43 M 124 1x.12 S x770 «' E l S \
, 63 270.30 N ...own VT 21 L 1017r s Evans E 0 SET I/2 L R. w /cop INSET
L4 35000 0 52'0093 w Lx ..5 s 27 E O AN Easement Corners
L5 144.0' N swarm r L31 2077 s 247613 E
LE 5711.3 0 31 w L32 as.sr 5 aaro12 «• c CITY OF COLLEGE STATION
.'L" 21 swear w LA 35734 2 3,1273- E GENERAL NOTES; PROPOSED 25' WIDE UTILITY EASEMENT
LS 347M N 2.34'04• w L34 Ms.sr s 42X. E
Ls 7120 II 41 w 1.35 27aaa• s 32 - E .NORTH ORIENTATION IS BASED ON ROTATING THE NORTHWEST LINE TRACT NO. 24
1.10 8027- N 32'v01• w Las 734r s 4751222 E OF THE SUBJECT TRACT TO GRD NORTH BY USING GPS 2.41 ACRES L ( 1.7,.ar1 METHODS, (Iris
U 0533 11 sr40 M 13T 40 -30 1 57 E 5 SQ. FT)
LR x N 27•90 w 1.30 0
30 1070 x
S •402 0 E L H. CURTIS STRONG,. REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4961 OUT OF T HE
03 3147-- N 47 Sr L30 31.90 s envoi E DO HEREBY CERTIFY THAT THIS PLAT REPRESENTS THE RESULTS OF A HARRISON OWENS, ET AL
L44 164.57 • x-4002 w Loo SURVEY PERFORMED ON THE GROUND UNDER MY SUPERVISION AM) IS TRUE REMAINDER Of ACRE 102 E TRACT
55.x' s 57.312x• E
us 40.35• • 577734 w 17- 7032
AM) CORRECT TO THE BEST OF MY KNOWLEDGE. VOLUME )OOO(, PACE 700(
s 2rsvcs E
us 7sao' 0 305oa w u3 82x' _ Arms, o H. CURTIS STRONG. R.P.L.S. .. URVEYED SEPTEMBER. 2000 A McMAHON SURVEY, A- 168
La 270.37 0 5.0.50- r 1•3 TS 43 BRAZOS COUNTY, TEXAS
us 11100 w N 427240 144 347.11 .
1 034 1 A 'tn- '`•T 4
us 13. 8 300020 w Los NNW 2407030 [ ., : '7 n I SCALE: 1' = 400' OCTOBER, 2000
31
L20 89.70' N 3700'44• w 144 574a s 573400 E
L21 2.4.4 0 21X13 - r 147 1 «11' S 211340 [ 4 1 y ��r i ��'�.+ :
0.22 1x N 003'0 0 L« 35040 s 700023• 1 ' •, TRONG >�3
L23 10003 0 20x23 w t« 270.80 ,( O 4961 + r • . . P�1a1C (4 776-9836
s .-xrJc
1.24 .1752- 0 24•.'44" w Lx 4
x -x' 5 40403. E : S ; • ^.. - ±,∎ LT U RVI ING F1C (409) 731-0096 1.29 20335' 0 4 .3x• w L31 »73 5 5330.• 1 4 ` 7 • [EE, SUR E 4 err'at avon8°cy+let++eE
25 07N' N 0(3" ' 31 E 152 25412 . 3 U R
. s 4.7- r
r14s- C:\.C.014reNve O.C3w7N \TIMCTAE.Ows
rrt
•
.