HomeMy WebLinkAbout10-09-2003-10.12-B - Resolution - 10/09/2003RESOLUTION DETERMINING NEED
RESOLUTION NO. 10 -09- 2003 - 10.12 -B
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE AN EASEMENT IN
CERTAIN PROPERTY; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO
ACQUIRE AN EASEMENT IN PROPERTY FOR THE WATER SERVICE EXTENSION
PROJECT; AND ESTABLISHING PROCEDURES FOR THE ACQUISITION OF AN
EASEMENT 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 easement for the Water
Service Extension Project; and
WHEREAS, there may be improvements located on some of the real property in which an
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
easement in properties referenced as Number 1 in Exhibit "A" attached hereto and
made a part hereof for all purposes as part of the Water Service Extension Project, for
the purpose of installing water lines, related facilities and communication lines related
thereto.
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 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 said 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 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 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 easement interest, the City's Land Agent is
authorized to communicate a written offer to the owners of said parcels for the
acquisition of an 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 an 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 RON VIA, Mayor
APPROVED:
City Attorney
APPROVED:
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 1 /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 corner 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 %z" 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.
Bearings are TX State Plane (NAD -83) central zone, based on City of Co - Station
1994 control points and GPS observations.
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