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Home My WebLink About08-08-2002-10.06 - Resolution - 08/08/2002 • RESOLUTION DETERMINING NEED RESOLUTION NO. 08 -08- 2002 -10.06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE AN EXCLUSIVE PUBLIC UTILITY EASEMENT INTEREST IN CERTAIN PROPERTY; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE AN EXCLUSIVE PUBLIC UTILITY EASEMENT INTEREST IN PROPERTY FOR THE CARTERS CREEK AERIAL CROSSING SEWER RELOCATION PROJECT; AND ESTABLISHING PROCEDURES FOR THE ACQUISITION OF AN EXCLUSIVE PUBLIC UTILITY EASEMENT INTEREST IN 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 an exclusive public utility easement interest for the Carters Creek Aerial Crossing Sewer Relocation Project; and WHEREAS, there may be improvements located on some of the real property in which an exclusive public utility 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 Carters Creek Aerial Crossing Sewer Relocation Project, and the public welfare and convenience will be served by the acquisition of an exclusive public utility easement interest in the property referenced in Exhibit "A" attached hereto and made a part hereof for all purposes as part of the Carters Creek Aerial Crossing Sewer Relocation Project, for the purpose of eliminating an aerial sewer creek crossing. 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 an exclusive public utility easement interest in property for the Carters Creek Aerial Crossing Sewer Relocation 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 said 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 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 interest in the parcels. PART 5: Upon establishment and approval by the City Manager of the amount of just 410 compensation for 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 RESOLUTION NO. 08 -08- 2002 -10.06 Page 2 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. PART 6: That the Mayor after approval by City Council is hereby authorized to execute all documents necessary to acquire an exclusive public utility easement interest in each of the parcels 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 8 day of August, A.D. 2002. ATTEST: APPROVED: (Ifnev ( 44rerefk ,.. CODE HOOKS, City Secretary RON S IA, Mayor APPROVED: G d by Carla A Robliisun ti,?' City Attorney Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, Texas 77845 (409) 690 -3378 Proposed 20' Easement Dansby Tract Richard Carter League College Station, Texas 15 December 1999 All that certain tract or parcel of land lying and being situated in the Richard Carter League, Abstract No. 8, in College Station, Brazos County, Texas, being a part of that 33.98 acre tract described in deed to Horace P. Dansby, III, et al recorded in Volume 244, Page 581 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: Commencing at a '/" iron rod found in the southeast line of the said Dansby tract which is the northwest line of Harvey Hillsides addition to Brazos County, Texas, according to plat of record in Volume 263, Page 489 of the Deed Records of Brazos County, Texas, at the common corner of Lot 22 and Lot 24 in Block 3 of the said Harvey Hillsides, from which a %2" iron rod was found N 40° 36' 31" E - 370.5 feet at the common comer of Lot 20 and Lot 22 in Block 3 of the said Harvey Hillsides. Thence S 48° 28' 18" W - 63.0 feet through the said Dansby tract to the Point of Beginning of this tract; Thence S 33° 28' 05" W - 20.00 feet continuing through the said Dansby tract; Thence N 56° 31' 55" W - 166.00 feet through the said Dansby tract to the southeast right -of -way line of State Highway No. 30, from which a concrete right -of -way marker was found N 33° 28' 05" E - 811.0 feet; Thence N 33° 28' 05" E - 20.00 feet along said right -of -way to the most northerly corner of this tract; Thence S 56° 31' 55" E - 166.00 feet through the said Dansby tract to the Point of Beginning and containing 0.076 acres of land more or less. pi•o,srs;�• • q �.R \ �/ . � 41514 u °4 1 {. L • A 4 City of College Station 150 acres — Veterans Park — State H ay No 30 S 150 '':".‘- 'r T : �'Orp4r 0 5ys.a`- 7 t - A`' n°n je'e „„orb .'°" Horace P. Dansby, III, et al Existing 30' Easement 33.98 acres N 3•28•05E '' Vo Pg 15 Gos Pipeline Vol. 244, P9. 581 20.00' t )�f/ Vol. l. 172 1723, , Pq 75 Proposed 20' Easement ---ti- /S 56`31'55-E P 166.00 Existing 30' Easement 0.076 acres 1 Ibex Ferguson — Burleson Gas Pipeline N 56•31'55'W 1 417 I0`,�°` a sas ey r "-Ha ° ° +°"7 Vol. 1723, Pg. 15 - 166.00' t nz .. - -____ ^ -rte = =— '~_ k - . . city of a 9 Station Nicnord Carter loogue A— *l+tNa smolt, s•"` 1- n. ` ,A " Brazos Co° ^ty �Morgnn Rector longue A - ,�— A •0 3 � r - 370.5 Detwecn ERs d � Existing 20' Sewer Easement S 33'28.05-W bn .� . " League Line & CRy of College Station 20.00' City Limits Line Vol. 749, Pg. 36.3 b '�° Joe Orr, Inc. Lot 22 Lot 20 Surveyors & Engineers Lot 24 2167 Post Oak Circle Harvey Hillsides College Station, TX 77845 Block 3 (409) 690 -3378 Vol. 263, Pg. 489 1" 100' .:,F _7F . December 1999 P tsT_R t\ Proposed Easement 100 0 100 2 I Feel Dansby Tract • " /i ='"• {_.. r--0 I l %NW . 47 • 4. Bearings ore Texas State Plane (NAD -83), 94 , €8g1 •,� , Richard Carter League booed on City of College Station 19 control point, and GPs observations. O ' 'SUR '4�" College Station, Texas