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Home My WebLink About06-27-2002-10.05 - Resolution - 06/27/2002 RESOLUTION DETERMINING NEED RESOLUTION NO. 06 -27- 2002 -10.05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE A PERMANENT UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE A PERMANENT UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE HWY 30/60 INFRASTRUCTURE PROJECT; AND ESTABLISHING PROCEDURES FOR THE ACQUISITION. WHEREAS, it is necessary to establish procedures for determining the establishment and approval of just compensation for the parcel in which to acquire a permanent utility easement and the temporary construction easement for the Hwy 30/60 Infrastructure Project; and WHEREAS, there may be improvements located on some of the real property in which easements are 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 the Hwy 30/60 Infrastructure Project, and the public welfare and convenience will be served by the acquisition of a permanent utility easement and temporary construction easement referenced as Exhibit "A" attached hereto and made a part hereof for all purposes as part of the Hwy 30/60 Infrastructure Project, for the purpose of public utility improvements. 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 permanent utility easements and temporary construction easements in property for the Hwy 30/60 Infrastructure Project. 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 appraiser shall make a recommendation to the City Manager as to the establishment and approval of the amount of the just compensation for a permanent utility and a temporary construction easement in said parcel. PART 4: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of a permanent utility and a temporary construction easement in the parcel. RESOLUTION NO. 06 -27- 2002 -10.05 Page 2 PART 5: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of a permanent utility easement and a Slew temporary construction easement the City's Land Agent is authorized to communicate a written offer to the owners of said parcel for the acquisition of a permanent utility easement and a temporary construction easement in said parcel 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 is hereby authorized to execute all documents necessary to acquire a permanent utility and access easement and a temporary construction easement in the parcel needed for said Project, on behalf of the City of College Station. PART 7: 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. PART 8: That this resolution shall take effect immediately from and after its passage. ADOPTED this 27 day of June, A.D. 2002. ATTEST: APPROVED: 0 .,t-4 / 17k\-j qiet4- CONNIE HOOKS, City Secretary RON TLVIA, Mayor APPROVED: '$+g by oVe.Alt Nezrbb 4.• City Attorney �rr EXHIBIT "A" 20' WIDE PERMANENT PUBLIC UTILITY EASEMENT FIELD NOTE DESCRIPTION OF A 0.202 ACRE TRACT OF LAND OUT OF THE H.P. DANSBY, III, ET AL TRACT, COLLEGE STATION, BRAZOS COUNTY, TEXAS BEING a 0.202 acre (8,818 square feet) tract of land situated in the Richard Carter Survey, Abstract No. 8, Brazos County, Texas, being a part of that certain called 33.98 acre tract of land described in a Warranty Deed to Horace P. Dansby, III, Ann Dansby Kelbly, Norma Dansby Smith and Daniel M. Dansby, recorded in Volume 244, Page 581, of the Brazos County Deed Records, Brazos County, Texas (B.C.D.R.), said 0.202 acre tract of land being more particularly described by metes and bounds as follows with bearings based on the Texas State Plane Coordinate System, Texas Central Zone - NAD83, which is based upon the published position of the City of College Station Horizontal Control Monument No. 126 established in 1994: COMMENCING at a fence comer (Control Monument) found and as called for in the deed for said 33.98 acre tract, said point marking the common corner of the east comer of said 33.98 acre tract, the east comer of said Richard Carter Survey and the north comer of the M. Rector Survey, Abstract No. 46, and being an interior comer of Block 3 of Harvey Hillsides, an addition to the City of College Station, Texas, recorded in Volume 264, Page 484, B.C.D.R., and from which a 1 /i inch iron rod (Control Monument) found on the northeasterly line of said 33.98 acre tract bears North 49 degrees 14 minutes 39 seconds West, at 525.51 feet; THENCE, South 41 degrees 29 minutes 11 seconds West, along the common line of the southeasterly line of said 33.98 acre tract and the northwesterly line of Block 3 of said Harvey Hillsides, a distance of 1,058.15 feet to a point: THENCE, North 49 degrees 08 minutes 38 seconds West, departing said common line, a distance of 20.00 feet to a point for the POINT OF BEGINNING of the herein described tract, said point being on the northwesterly line of a 20 foot wide Right -Of- Way Easement described in a Deed to City of College Station, recorded in Volume 749, Page 363, of the Official Records of Brazos County, Texas (O.R.B.C.), said point also being located at Texas State Plane Coordinate grid position X= 3567851.04 and Y= 10219867.67, and being the most easterly comer of the herein described tract; THENCE, South 41 degrees 29 minutes 11 seconds West, along the northwesterly line of said 20 foot wide Right -Of -Way Easement, parallel with and 20 feet perpendicular to the southeasterly line of said 33.98 acre tract, a distance of 20.00 feet to a point for the most southerly comer of the herein described tract; Page 1 of 3 Nisf Description of 0.202 acre tract THENCE, North 48 degrees 26 minutes 20 seconds West, departing the northwesterly line of said 20 foot wide Right -Of -Way Easement, a distance of 439.51 feet to a point for the most westerly comer of the herein described tract, said point being on the southeasterly right -of -way (R.O.W.) line of State Highway No. 30 - also known as Harvey Road (a 120 foot wide R.O.W. at this location); THENCE, North 33 degrees 27 minutes 39 seconds East, along the southeasterly R.O.W. line of said State Highway No. 30, a distance of 20.20 feet to a point for the most northerly comer of the herein described tract; THENCE, South 48 degrees 26 minutes 20 seconds East, departing the southeasterly R.O.W. line of said State Highway No. 30, a distance of 442.32 feet to the POINT OF BEGINNING of the herein described tract, encompassing within the metes recited 0.202 acre (8,818 square feet) of land, more or less. TEMPORARY CONSTRUCTION EASEMENT In addition, it is intended to create a thirty-foot (30) wide Temporary Construction Easement adjacent and parallel to the northeasterly line of the above described permanent public utility easement. This Temporary Construction Easement contains 0.306 acre (13,333 square feet) of land. An easement exhibit drawing of even survey date herewith accompanies this field note description. I, Daniel M. Flaherty, Registered Professional Land Surveyor No. 5004, State of Texas, do hereby certify that this field note description and the easement exhibit drawing attached hereto were prepared from an actual survey of the property performed on the ground and that the same is true and correct. -SOFT 'AP- • T6i.• 1 DANIEL M. FLAHERTY ` , e . . 4 Ab 5004 0;.:4',,g-f, ~ ` (Da -11 SUR`1 _ AL ,_ %.ter 1 • 06 -04 -02 niel M. Flaherty ` Date Registered Professional Land urveyor Texas Registration No. 5004 See attached plat RR/A -4019 14236 - Dansby - FN01 .doc kirr Page 2 of 3 EXHIBIT "A" PLAT OF 20' WIDE (0.202 ACRE) PERMANENT PUBLIC UTILITY EASEMENT AND 30' WIDE (0.306 ACRE) TEMPORARY CONSTRUCTION EASEMENT ' I COLLEGE MAIN APARTMENTS, LTD ` -------- REMAINDER OF 1 — -- CALLED 192.64 ACRES R.03 VOL. 3667, PG. 256 LINE O.R.B.C. — _--- 1 1/2" I.R.F. 4i/ �� -- RD-) (C.M.) -- --- �— / ■ Y. 0 p l R.0 W. LINE 2, — T K LE WI ST A E = a x y Miner HLLSIOEs Q) VO4.. 264 PG. 484 � ;E ` t y 6!i B.C.D.R. N 33'27'39" E B,P. DANSBY, III, ET AL `` � 0 C 4 I 20.20' CALLED 33.98 ACRES g 3 . CM N 48'26'20" W - VOL. " 244, PC. 581 � `c�' ,;;0 . '- "' 121.20' , . 30' WIDE TEMPORA B.C.D. G C'T CONSTRUCTION EASEMENT ¢�+ o V: • . 0.306 ACRE (13,333 S.F.) �� C I ..1V 1`Y A1' --- _-- CO t3 48'26 E l r • ' , 442.32 / .. •.• 20' WIDE PERMANENT j / RIGHT OF WAY EASEMENT FOUND FENCE PUBLIC UTILITY EASEMENT VOL. 749, PG. 363 CORNER N 48'26'20" W I 0.202 ACRE (8,818 S.F.) / j �� O.R.B.C. AS CALLED 439.50' •• • / 20.0' (CM.) •• / • • N 49'08'38" W / j l'°58. 15' / S 41'29'11" W .'.• 20.00' " W - BLOCK 3 20.00' .. — " — S 4 2 911 FIELD NOTE COMMENCING .- - --- BLOCK 3 0 ` P OINT 1 G a_ '� FPOINT O OF C IS) 1` HARVEY ( HILLSIDES BEGINNING , VOL e C .D.R. 464 N N \N t, � N GRID (X) = 3567851.04 1\ c■i GRID = 10219867.67 NOTES: 8 1.) BE IT KNOWN THAT THE SURVEYOR HAS NOT PERFORMED A COMPLETE ABSTRACT AND HAS I O NOT BEEN FURNISHED A TITLE COMMITMENT, THEREFORE SOME EASEMENTS OR OTHER LEGEND RIGHTS AFFECTING THE TRACT MAY NOT BE SHOW. * '2.) THIS PLAT EXHIBIT DRAWING IS ACCOMPANIED BY A SEPARATE FIELD NOTE DESCRIPTION. • .1/2 IRON ROD FOUND 3.) BASIS OF BEARINGS IS THE TEXAS STATE PLANE COORDINATE SYSTEM, TEXAS CENTRAL (UNLESS OTHERWISE NOTED :I ZONE •- NAD 63, *ICH IS BASED UPON THE PUBLISHED POSITION OF THE CITY OF CM. ■ CONTROL MONUMENT 0 COLLEGE STATION HORIZONTAL CONTROL MONUMENT NO. 126 ESTABLISHED IN 1994. p, GRID X COORDINATE .. 3566229.966 B.C.D.R. - BRAZOS COUNTY DEED RECORDS ▪ L. GRID �Y) COORDINATE • 10221520.652 O.R.B.C. 0 OFFICIAL RECORDS BRAZOS COUNTY • w The Wallace Group, Inc. . of r' po Engineers • Architects • Planners • Surveyors ' � \srE;,. -4, 4 Waco * Killeen * Austin * Temple * Dallas * Round Rock .c o :�`` T `o•,u' 3 F DANIEL M. FLAHERTY ■ i I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT ■ A 1 D THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND , . 5004 Q;i ( 4 - a 7.1,6' SURVEYS IN THE STATE OF TEXAS. THIS 4th DAY OF ... 2002. F'SS) 4 L. Ci. ,/ ‘_( - a SURVEYED: MAY 21, 2002 ANIEL M. FLAH Y, R" , NO. 5004 3 OF 3' N PLAT 200 NO. RR /A - - 4019 DRAFT DATE 6/4/02 DRAWN BY MJM �o SCALE WOR - OR�NO. 14236 FIELDBOOK/PG. RR -B /1 F K N # DAS13Y -FN01 � DIGITAL FTLE 14236.ESMT TAB # A -401a