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Home My WebLink About5-08-2003-10.05 - Resolution - 05/08/2003RESOLUTION N0. 5-08-2003-10.05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DECLARING THE NECESSITY FOR ACQUIRING BY CONDEMNATION A RIGHT OF WAY EASEMENT IN CERTAIN DESCRIBED PROPERTY TO INSTALL AND MAINTAIN DRAINAGE IMPROVEMENTS, PUBLIC AND PEDESTRIAN ACCESSWAYS, BICYCLE PATHS, AND OTHER PUBLIC UTILITIES, 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 Bee Creek Channelization Project (SD 9802) at their August 24, 2000 regular council meeting; and WHEREAS, an independent professionat appraisal report of the subject property has been submitted to the City establishing a certain amount determined to be just compensation for that parcel; and WHEREAS, the City sought to acquire 0.131 acre of land as Right of Way and 0.010 acre of land for a Temporary Construction Easement; 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; and WHEREAS, the City of Cotlege Station has complied with all prerequisites of the laws of the State of Texas to acquire an unencumbered right of way and easement 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 exclusive public right of way described in the attached Exhibit A, in the amount of Eleven Thousand Fifty Six Dollars ($11,056.00) 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 accordance with the laws of the State of Texas, for the property described in the attached Exhibit A. Further negotiations for the settlement have been futile and impossible because the property owner refuses to respond. PART 3: That public necessity requires the acquisition of the unencumbered exclusive right of way and easement described in the attached Exhibit A, for the installation and maintenance of the Bee Creek Channelization Project (SD 9802); and that public necessity and convenience require the condemnation of this property in order to acquire it for such purpose. PART 4: That the City Attorney is hereby authorized and directed to institute proceedings in eminent domain against Donald B. McCrory individually and as Independent executor of the estate of Dorothy B. McCrory, Deceased, owner of the property described herein, and against all other owners, lienholders, and other holders of interest in the property, in order to acquire an unencumbered exclusive right of way, 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 shalt take effect immediately from and after its passage. PASSED and APPROVED this 8th day of Ma r, 2003. ATTEST: NWK-~qjetz CONNIE HOOKS, City Secretary APPROVED: RON IL 411A, Mayor APPROVED: City Attorney Ja Orr, Inc. s.r.ye., a 8w(:m.., 2167 pOSI QaC CWE College Sladon, Texts 77845 (409) 690-3378 Dorothy B. McCrory Tract Crawford Burnett League College Station, Texas 20 September 1991 All ihat cehain tract or parcel o( land lying and being situated in the Crawiord Burnett League in CoAeQe Station, Brazos Counly, Texas, being a part of that 11.23 acre tract conveyed to Dorothy B. McCrory by deed recorded in Votume 428, Page 442 of the Oeed Records of Brazos County, Texas, and being more particulady described as foltows: Beginning at a concrete right-ot-way marker found at ihe most eastedy corner o( the saici McCrory iract in the northwest righl-ot-way line of FM 2818. ' Thence S 50' 14' 57" W- 462.81 teet along the northwest right-of-way line of FM 2818 to a concrele right-ot-way marker found at an angle point; Thence S 64' 5T 30" W- 27.48 feet continuing along said right-o(-way line to an iron rod set at the most easterly corner of that 1.74 acre iract conveyed to the City of College Station by deed recorded in Volume 488, Page 210 of the Deed Records of Brazos Couniy, Texas; Thence N 25' 02' 36" W- 275.00 feet along the northeast line of the said Clty of College Station 1.74 acre lract to an iron rod found al the most northerly corner of same; T'hence S 64' 5T 30" W- 415.31 feet along the northwest line of lhe said City of College Station 1.74 acre tract and continuing along the northwest line of that 0.63 acre lract convayed to the City of College Station by deed recorded in Volume 1227, Page 277 of the Oificiai Records ot Brazos County, Texas, to an iron rod set in the southeast line of Camelot Addition Section Four according to pfat o( record in Volume 343, Page 701 of lhe Deed Records of Brazos County, Texas; Thence N 12' 52' 55" E- 293.76 feet along the southeast tine of the said Camelot AdcGlion Section Four to an iron rod found at the beginning o( a curve to the IeK (R=643.14'); Thence along the arc of said cuNe through a central angle of 23' 25' 16" to an iron ro,d tound at the end of said curve in the northeast Iine of Camelot Addition Section Three according io plat of record in Volume 327, Page 451 of the Deed Records of Brazos Couniy, Texas; Thence N 10' 32' 21" W- 17.70 feel a(ong the northeast line of the said Camelot Addition Section T'hree to an iron rod set at the southwest corner of Southwood Sectlon 25 addition according to plat of record in Volume 316, Page 687 of tha Deed Records of Brazos County, Texas; Thence S 86' 27' 03" E- 390.35 teet along 1he soulhwest line of Soulhwood Section 25 to an iron rod set at the rear common corner of Lots 28 and 29 in Block 14 of the said Southwood Section 25; Thence S 44' 39' 00" E- 117.00 feet along the southwest line of the said Lot 29 to a concrete monument found at the most southerfy corner of same; Thence N 43' 21' 10" E- 129.24 feet atong the southeast line of the said Lot 29 to an iron rod found at ihe rear common corner of Lot 29 and Lo! 30 of the said Southwood Section 25; Thence S 37' 42' 51" E- 400.92 feet along the northeast line of the said McCrory 11.23 acre tract to ihe Poinl of Beginning and containing 7.73 acres of land more or less. Bee Creek Drainage Easement 0.010 Acre - Dorothy B. McCrory Crawford Burnett Survey, A-7 College Statlon, Brazos County, Texas Fleld notes of a 0.010 acre tract or parcel of land, Iying and being aftueted In the Crawford Burnett Survey, Abstrect No. 7, CoUeBe Statfon, Brazos Couaty, Texas, end befng part of the remalnder of the 11.23 ecre tract described In ihe Cluit Ciatm Deed trom Dorsey Elwood McCrory to Dorothy Brann McCrory, recorded In Voiume 428, Page 442, af the Deed Records of Brazos County, Texas, (elso see Volume 488, Page 207, for clarlflcation of a Save and Except trect),.and being more particularly described as follows: BEOINNINO at a Y~" Iron rod set In the south Ifne ot Lot 10, 81ock 14, Southwood Section 25 according to the plat recorded In Volume 316, Page 687, ot the Deed Records of Brazos Connty, Texas, located S 86° 27' 03" E- t0.31 feet from the southwest corner of the sald Lot 10, elock 14; THENCE S 860 27' 03" E along the south ifne of the beforementioned Lot 10, Block 14 for a distance of 27.60 feet to a Y:" Iron rod set; THENCE S 020 25' 36' W 17.19 feet to a W iron rod set; THENCE N 870 34' 24" W 23.62 feet to a Y:" lron rod set In a curve concave to the west havtng a radlus of 653.14 faet; THENCE paraUel with and 'f 0' east of the 80' wide dralnage and utility easement as shown on the ptat of Camelot Addition Sectton Three according to the plat recorded In Volume 327, Page 451, of the Daed Records of Brazos County, Texas, as follows: Nartherly along sald curve for an arc distance of 3.01 feet to the end of th(s curve, the chord bears N 10° 24' 26" W - 3.01 feet, N 100 32' 21" W 15.18 feet to the PLACE OF BEGINNINt3, containing 0.010 acre of land, more or less. , Surveyed February 1999 jY.~ . S. M. Klinp R.P.L.S. No. 2003 k«aaaI s:w..Q..ka1 o KLINO ENOINEERINf3 ANO 9UqVEYING snrAN.rexAs Bee Creek Rlght-of-way Acqutsitlon 0.131 Acre - Dorothy B. McCrory Crawford Burnett Survey, A-7 Collepe Station, Brazos County, Texas Fleld notes of a 0.131 ecre trect or parcel of land, lying and being situated In the Crawford Burnett Survey, Abstract No. 7, Collega Station, erazos County, Texas, end belnp pan ot the remalnder of the 11.23 acre tract descrlbed in the Quit Clalm Deed from Dorsey Elwood McCrory to Dorothy erann McCrory, recorded In Voluma 428, Pape 442, of the Deed Records of Brazos Couniy, Texas, lalsa see Volume 488, Pege 207, for ciarificatlon of a Save and Except tract), and being mare particularly descrlbed as foliows: BEOINNINQ at the west corner of the 0.63 acre i'ract One described in the deed to the Clty of Bryan recorded in Volume 1940, Page 154, of tha Officlal Records of &ezos County, Texes, sald comer being in the east Iine of an 80' wide udllty and drelnage rIght-of-way as shown on the plat of Camelot Addltlon Sectlon Four, recorded In Volume 343, Paee 701, of the Deed Records of Brazos County, Texes; THENCE along the east Ilne of the beforementioned 80' wlde ut!(Ity and dra(nage ripht-of-way (Camelot Sectlon Four) and the east Une of an 80' wide dralnape and utllity essement as shown on the plat ot Cemelot Additlon Section Three recarded In Volume 327, Pege 451, of the Deed Records of Brazas County, Texas, aa follows: N'12° 52' 55" E 293.91 feet to the bepinninp of e curve concave to the west havinp a radius af 643.14 feet, Northerly atong said curva far an arc distance of 262.90 feet to the end of this curve, the chord bears N 010 10' 17" E - 261.07 feet, N 100 32' 21" W 17.69 feet to the southwest corner of Lot 10, Biock 14, Southwood Section 25, according to the plat recorded in Volume 316, Page 687, of ' the Deed Records of Brazos County, Texas; TtiENCE S 860 27' 03" E alone the south Ilne of the beforementloned Lot 10, 6bck 14, Southwood Sectbn 25 for a dlsfance of 10.31 teet to a Y:' Iron rod set; THENCE parallel wlth and 10' east of the beforement(oned (2) 80' wide drelnege and utlllty eesements es foflows: S 10° 32' 21 " E 15.18 feat to the beplnning of a curve, concave to the west havfne a radius of 653.14 feet, Southerly afong said curve for an arc distence of 282.21 feet to the end of this curve, tha chord bears S 01 ° 10' 17" W - 265.13 feet, S 12° 52' 55" W 286.13 feet to a Y~" tron rod set In the northwest Ilne of the beforementioned 0.63 acre tract; THE{vCE 5 G4° 59' 3;' VJ along ihe northwest une ot the beforementloned 0.83 acre tract for a dlstance of 12.87 feet to the PLACE OF BEGINNiNO, I contalnlne 0.131 acre of isnd, more or less. . t ~ ¢ N ~ a ~ ~ 9 ~ ~ W#( ~ i 5 ~ x . ~ `a lu" R~ ~ ~ dy~ wW ~i V W ~ ~ ~5 s yf , 1? ~ ~t • ~ I'Lr r ' , r~~, nl :.Ar ',q ~1► st µ.~t• 3 ~ •e ~ ~ ~