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Home My WebLink About10-09-2003-10.12-A - Resolution - 10/09/2003RESOLUTION DETERMINING NEED RESOLUTION NO. 10-09-2003-10.12-A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE AN ADDITIONAL USE IN AN EXISTING ELECTRICAL EASEMENT IN CERTAIN PROPERTY; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE AN ADDITIONAL USE TO AN EXISTING ELECTRICAL EASEMENT IN PROPERTY FOR THE WATER SERVICE EXTENSION PROJECT; AND ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SUCH USE. WHEREAS, it is necessary to establish procedures for determining the establishment and approval of just compensation for each of the parcels in which an additional use for water will be added to an existing electrical easement -owned by the City for the Water Service Extension Project; and WHEREAS, there may be improvements located on some of the real property in which an additional use of water to an existing City electrical easement 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 Water Service Extension Project, and the public welfare and convenience will be served by the acquisition of an additional use to an existing City of College Station electrical easement in properties referenced as Numbers 1 -5 in Exhibit "A" attached hereto and made a part hereof for all purposes as part of the Water Service Extension Project. 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 additional use for water to an existing City of College Station electrical easement in property for the Water Service Extension 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 an additional easement use for water to the existing City of College Station electrical easement in said parcels. PART 4: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of an additional use to the existing City of College Station electrical easement in the parcels. PART 5: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of an additional use for water to the existing electrical easement, the City's Land Agent is authorized to communicate a written offer to the owners of said parcels for the acquisition of an additional use for water to the existing City of College Station electrical easement 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 the additional use for water to the existing electrical easement 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 9 th day of October, A.D. 2003. ATTEST: CONNIE HOOKS, City Secretary APPROVED: City Attorney APPROVED: RON SIL'VIA, Mayor 20 FOOT EASEMENT HOYETT TAYLOR, JR. TRACT THOMAS CARUTHERS LEAGUE BRAZOS COUNTY, TEXAS 5 APRIL 1984 JOE ORR, INC. Surveyors & Engineers Office Phone 693 -3378 • Rt. 3, Box 413 COLLEGE STATION, TEXAS 77840 Being a strip of land in the Thomas Caruthers League in Brazos County, Texas, twenty (20') feet in width through that 14 acre tract conveyed to Hoyett Taylor, Jr. by deed recorded in Volume 235, Page 194 of the Deed Records of Brazos County, Texas, and lying ten (10') feet each side of the following described centerline: Beginning in the northwest line of the said Taylor tract which is also the southeast line of that 341.60 acre tract conveyed to W. G. Ritchey by deed recorded in Volume 237, Page 29 of the Deed Records of Brazos County, Texas, at a point located S 20 degrees 19' - 12.8 feet from the north corner of the said Taylor 14 acre tract in the southwest line of Rock Prairie Road. Thence S 82 degrees 01 ' 30" E - 471 .4 feet to the end of this easement in the southeast line of the said Taylor 14 acre tract which is the northwest line of that 2.99 acre tract conveyed to Doris L. White by deed recorded in Volume 443, Page 117 of the Deed Records of Brazos County, Texas, at a point located S 00 degrees 42' E 12.2 feet from the common corner of the said Taylor 14 acre tract and the said White 2.99 acre tract in the southwest line of Rock Prairie Road. 20 FOOT EASEMENT DOLLY OLDEN TRACT THOMAS CARUTHERS LEAGUE BRAZOS COUNTY, TEXAS 6 APRIL 1984 JOE ORR, INC. Surveyors & Engineers Office Phone 693 -3378 • Rt. 3, Box 413 COLLEGE STATION, TEXAS 77840 Being a strip of land in the Thomas Caruthers League in Brazos County, Texas, twenty (20') feet in width through that 120 acre tract conveyed to Dolly Dymple Creagor Olden by deed recorded in Volume 168, Page 339 of the Deed Records of Brazos County, Texas, and lying ten (10' ) feet each side of the following described centerline: Beginning in the northwest line of the said Dolly Olden tract which is also the southeast line of that 1 1 9. 5 3 acre tract conveyed to City of College Station, Texas, by deed recorded in Volume 486, Page 646 of the Deed Records of Brazos County, Texas, at a point located S 41 degrees 55' W - 10.4 feet from the common corner of the said Dolly Olden 120 acre tract and the said City of College Station 119.53 acre tract in the southwest line of Rock Prairie Road. Thence S 76 degrees 27' 30" E - 302.5 feet to an angle point; Thence S 69 degrees 53' 00" E - 3275.4 feet to the end of this easement in the southeast line of the said Dolly Olden 120 acre tract which is the northwest line of Greens Prairie Road, at a point located S 42 degrees 10' W - 9.4 feet from the east corner of the said Dolly Olden 120 acre tract the southwest line of Rock Prairie Road. 20 FOOT EASEMENT BILZ CARIKER AND LYNNE HUNT TRACT THOMAS CARUTHERS LEAGUE BRAZOS COMITY, TEXAS 5 DECEMBER 1984 JOE ORR INC. Surveyors & Engineers Office Phone 693 -3378 • RL. 3, Box 413 COLLEGE STATION, TEXAS 77840 Being a strip of land in the Thomas Caruthers League in Brazos County, Texas, twenty (20') feet in width through that 2.99 acre tract conveyed to Bill Cariker and Lynne Hunt by deed recorded in Volume 693, Page 730 of the Official Records of Brazos County, Texas, and lying ten (10') feet each side of the following described centerline: Beginning in the northwest line of the said Cariker and Hunt tract which is also the southeast line of that 14 acre tract conveyed to Hoyett Taylor, Jr. by deed recorded in Volume 235, Page 194 of the Deed Records of Brazos County, Texas, at a point located S 00 degrees 42' E - 12.2 feet from the common corner of the said Taylor 14 acre tract and the said Cariker and Hunt 2.99 acre tract in the southwest line of Rock Prairie Road. Thence 8 82 degrees 01 ' 30" E - 297.1 feet to the end of this easement in the southeast line of the said Cariker and Hunt 2.99 acre tract which is the northwest line of that 2.00 acre tract conveyed to Gus Fagan White by deed recorded in Volume 443, Page 318 of the Deed Records of Brazos County, Texas, at a point located S 12 degrees 43' W - 13.1 feet from the common corner of the said Cariker and Hunt 2.99 acre tract and the said Gus Fagan White 2.00 acre tract in the southwest line of Rock Prairie Road. 20 FOOT EASEMENT WILLIAM H. CLAYTON TRACT THOMAS CARUTHERS LEAGUE BRAZOS COUNTY, TEXAS 5 APRIL 1984 Being a strip of land in the Thomas Caruthers League in Brazos County, Texas, twenty (20') feet in width through that 25.74 acre tract conveyed to William H. Clayton by deed recorded in Volume 241, Page 72 of the Deed Records of Brazos County, Texas, and lying ten (10') feet each side of the following described centerline: Beginning in the northwest line of the said Clayton tract which is also the southeast line of that 54.99 acre tract conveyed to Joe Ferreri by deed recorded in Volume 292, Page 190 of the Deed Records of Brazos County, Texas, at a point located S 2 degrees 48' E - 12.7 feet from an iron stake found marking the common corner of the said Ferreri 54.99 acre tract and the said Clayton 25.74 acre tract in the southwest line of Rock Prairie Road. Thence S 86 degrees 27' 00" E - 487.7 feet to the end of this easement in the southeast line of the said Clayton 25.74 acre tract which is the northwest line of that 10.85 acre tract conveyed to Jo Ann Atkins by deed recorded in Volume 267, Page 483 of the Deed Records of Brazos County, Texas, at a point located S 7 degrees 58' E 13.8 feet from the common corner of the said Atkins 10.85 acre tract and the said Clayton 25.74 acre tract in the southwest line of Rock Prairie Road. JOE ORR, INC. Surveyors & Engineers Office Phone 693 -3378 • Rt. 3, Box 413 COLLEGE STATION, TEXAS 77840 DAVID R. TAKY. O 1475 , oqr, `'.6); ia' E a':', • -k. ;.• s U' Proposed Easement CSISD 30.00 Acre Tract Thomas Caruthers League College Station, Texas August 29, 2002 Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, TX 77845 (979) 690 -3378 All that certain tract or parcel of land lying and being situated in the Thomas Caruthers League, Abstract No. 9, in College Station, Brazos County, Texas, being a part of that 30.00 acre tract conveyed to the College Station Independent School District by deed recorded in Volume 1033, Page 534 of the Official Records of Brazos County, Texas, being an easement seven feet (7') in width lying along and adjoining the south side of the existing 0.24 acre Perpetual Easement tract described in Volume 4026, Page 323 of the Official Public Records of Brazos County, Texas, and being more particularly described as follows: Beginning at a ' /z" iron rod with and orange plastic cap stamped "H.P. Mayo RPLS 5045" set in the west line of the said CSISD 30.00 acre tract, from which a 1/2" iron rod was found N 3° 20' 28" E –13.13 feet at the northwest comer of the said 30.00 acre tract. Thence S 86° 27' 34" E – 739.65 feet along the south line of the said perpetual easement to a %s" iron with and orange plastic cap stamped "H.P. Mayo RPLS 5045" set in the east line of the said CSISD 30.00 acre tract, from which a 5/8" iron rod was found N 2° 42' 27" W - 15.38 feet at the northeast corner of the said 30.00 acre tract; Thence S 2° 42' 27" E -- 7.04 feet along the line between the said CSISD tract and that 25.79 acre tract conveyed to Stewart Thompson, trustee for the Brian Howard Perry Trust described by deed recorded in Volume 1980, Page 272 of the Official Public Records of Brazos County, Texas; Thence N 86° 27' 34" W – 740.39 feet through the said CSISD tract to the west line of same; Thence N 3° 20' 28" E – 7.00 feet along the west line of the said CSISD tract to the Point of Beginning and containing 0.12 acres of land more or less. 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