HomeMy WebLinkAbout4-13-2000-12.10 - Resolution - 04/13/2000RESOLUTION DETERMINING NEED
RESOLUTION NO. 4-13-2000-]_2.10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE A RIGHT-OF-WAY IN
CERTAIN PROPERTY; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO
ACQUIRE A RIGHT-OF-WAY 1N PROPERTY FOR THE DARTMOUTH DRIVE
EXTENSION PROJECT; AND ESTABLISHING PROCEDURES FOR THE ACQUISITION
OF A RIGHT-OF-WAY IN 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 a right-of-way for the
Dartmouth Drive Extension Project; and
WHEREAS, there may be improvements located on some of the real property in which a right-
of-way 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:
PART 2:
That the City Council of the City of College Station, Texas, hereby officially
determines that there is a public necessity for the Dartmouth Drive Extension
Project, and the public welfare and convenience will be served by the acquisition of
a fight-of-way in the properties referenced as Number(s) 1-3 in Exhibit "A'
attached hereto and made a part hereof for all purposes.
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 a right-of-way in property for the Dartmouth Drive 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 right-of-way in said
parcels.
PART 4:
After consideration of said recommendation, the City Manager shall establish and
approve the amount determined for acquisition of right-of-way in the parcels.
Resolution No. 4-13-2000-12.10 Page 2
PART 5:
PART 6:
PART 7:
PART 8:
PART 9:
That the City Council determines that it will waive paving assessments against
parcels abutting the roadway from which any portion of said parcel is needed by the
City for the right-of-way if the property owner dedicates the portion of the property
nec. essary for the right-of-way to the City. The City Manager may execute said
waivers on behalf of the City of College Station where the value of the assessment
is comparable to the portion of the property acquired for the fight-of-way or where
the value of the assessment is used to offset the value of the portion of the property
acquired.
Upon establishment and approval by the City Manager of the amount of just
compensation for the acquisition of right-of-way, the City's Land Agent is
authorized to communicate a written offer to the owners of said parcels for the
acquisition of right-of-way 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.
That the Mayor after approval by City Council is hereby authorized to execute all
documents necessary to acquire fight-of-way in each of the parcels needed for said
project, on behalf of the City of College Station.
That the City Manager be and is hereby authorized to sell any such surplus
!mprovem.ents, or order the demolition thereof, located on the real property acquired
in connection with this project.
That this resolution shall take effect immediately from and after its passage.
ADOPTED this 13th day of
ATJ4EST:
April
, A.D. 2000.
APPROVED:
L~NN'I~clLHANEY, Ma~,o~-
APPROVED:
HARVEY CARGILL, JR., City Attorney
Resolution No. 4-13-2000-12.10 Page 3
Exhibit "A"
Property Description(s) and Diagram(s)
10' Wide Utillt
0.17A
Adjoining Northeast line of D
Morgan Rector
College Station, Bra;
Field notes of a 10' wide utility
Morgan Rector Survey, Abstract No. 46,
! Easement
ore
~rtmouth Drive Extension
;urvey, A-46
)s County, Texas
Bment, lying and being situated in the
ollege Station, Brazos County, Texas,
and being part of the called 2.991 acre tract described in the deed from John E.
Hones and Garda Hones to C. W. Henry en~l wife, Elizabeth A. Henry, as recorded
in Volume 2956, Page 171, of the Official Records of Brazos County; Texas, and
·aid easement being more particularly described as follows:
BEGINNING at the ½' iron rod found marking the west corner of the
beforementioned 2.991 acre tract, same:being the north corner of the THM -
celled 8.973 acre tract described in the deed recorded in Volume 3051, Page 181,
of the Official Records of Brazoa County, Texas, and same being at the east corner
of the existing Dartmouth Drive right-of-way according to the plat of Dartmouth
Crossing Subdivision recorded in Volume 3127. Page 15, of the Official Records
of Brazos County, Texas
THENCE N 42' 07' 24" E along the ~torthwest line of the beforementioned
2.991 acre tract, same being the southeasl~ line of the beforementioned Dartrnou~
Crossing Subdivision, adjacent to · fence, for a distance of 10.00 feet to a ½
iron rod set; ~
THENCE S 47° 27' 53' E through th;s interior of the beforementioned 2.991
acre tract, parallel with and 10' northeast of the southwest line of same for a
distance of 751.52 .feet to a*½' iron rod set in the north line of the perpetual
easement for public utilities end street granted to the City of College Station, as
recorded in Volume 978, Page 129, of the Official Records of Brazos County,
Texas, same being in a curve, concave to the nor(h, having a radius of 25.00 feet;
THENCE Northerly through the interior of the beforementioned 2.991 acre
tract and along said curve for an arc length of 22.33 feet to e ½' iron rod set at
the end of this curve in the southwest line of the 2.991 acre tract, from which e
½" iron rod found (bent) marking the south corner of the 2.991 acre tract bears
S 47" 27' 53' E - 25.00 feet, the chord bears N 75" 02' 49' W - 21.60 feet;
THENCE N 47* 27' 53' W along the common line between the
beforementioned 2.991 acre tract and the beforementloned 8.973 acre tract for
a distance of 732.30 feet to the PLACE OF BEGINNING, encompassing 0.17 acre
of land, more or less within this easement.
k~OO-Olb: ~10 , p~e
Surveyed February 2000
K[.INQ ENGINEERING AND 8URYEYING
~RYAN. 1EXA~
10' Wide Utility Easement
0.17 Acre
Adjoining Southwest line of Dartmouth Drive Extension
Morgan Rector Survey, A-46
College Station, Brazos County, Texas
Field notes of a 10' wide utility easement, lying and being situated in the
Morgan Rector Survey, Abstract No. 46, College Station, Brazes County, Texas,
and being part of the called 8.973 acre tract described In the deed from John M.
Griffin to THM, as recorded in Volume 3051, Page 181, of the Official Records of
Brazos County, Texas, and said easement being more particularly described as
follows:
COMMENCING at the ~ = iron rod found marking the north corner of the
beforementioned 8.973 acre tract, same being the west corner of the C. W. Henry
- 2.991 acre tract described in the deed recorded in Volume 2956, Page 171, of
the Off'~ial Records of Brazos County, Texas, and same being in the southeast line
of Dartmouth Crossing Subdivision, according to the plat recorded in Volume
3127, Page 15, of the Official Records of 8razos County, Texas, and same being
the east corner of the southeast end of The existing right-of-way of Dartmouth
Drive (90' wide right-of-way), from which a 3" creosote post fence corner
S 34° 51' 31" E - 0.8 feet;
THENCE S 42* 00' 12" E along the northwest line of the beforementioned
8.973 acre tract, same being along the southeast end of the existing Dartmouth
Drive right-of-way for a distance of 90.00 feet to a ½" iron rod set at the PLACE
OF BEGINNING of this description, same being the south corner of Dartmouth
Drive;
THENCE S 47° 27' 53" E entirely across the baforementioned 8,973 acre
tract, along the southwest line of Dartmouth Drive right-of-way extension, parallel
with and 90 feet southwest of the northeast line of the 8.973 acre tract at a
distance of 730.62 feet, pass a ½" iron rod set at the beginning of the transition
curve from Dartmouth Drive extension to Krenek Tap Road, continue on for a total
distance of 755.61 feet to a ½" iron rod set in the northwest line of Krenek Tap
Read, from which a ½" iron rod found marking the east corner of the 8.973 acre
tract bears N 42° 32' 06" E - 90.00 feet;
THENCE S 42° 32' 06" W along the southeast line of the beforementioned
8.973 acre tract, same being the northwe;.t line of Krenek Tap Road for a distance
of 10.00 feet to a ½" iron rod set;
THENCE N 47* 27' 53" W across the beforementtoned 8.973 acre tract,
parallel with and 100 feet ~outhweat of the northeast lin. e of the 8.973 acre tract
for e distance of 755.52 feet to ~ ~&' iron rod sat in the northwest line of the
8.973 acre tract, same being the southeast line of Dartmouth Addition, according
to the I~iat recorded in Volume 3068, Page 38, of the Official Records of Brazos
County, Texas;
THENCE N 42* 00' 12' E along the northwest line of the beforementioned
8.973 acre tract, same being the southeast line of Dartmouth Addition for a
distance of 10.00 feet to the PLACE OF BEGINNING, encompassing O. 17 acre of
land, more or less within this easement.
Surveyed February 2000
S. M. Kling /,~
,,oo~b=~,~,o.~ R.P.L.S. No. 2003
KLINGI rtN~INEERINO AND ~BIJ;IVEYING
Dartmouth Drive Extension
1.565 Acre Tract
Morgan Rector Survey, A-46
College Station, Brazos County, Texas
Field notes of a 1.565 acre tract or parcel of land, lyir~g and being situated
in the Morgan Rector Survey, Abstract No. 46, College Station, Brazos County,
Texas, and being part of the called 8.973 acre tract described in the deed from
John M. Griffin to THM, es recorded in Volume 3051, Page 181, of the Official
Records of 8razos County, Texas, and said 1.565 acre tract being more
particularly described as follows:
BEGINNING et the ½" iron rod found marking the north corner of the
beforementioned 8.973 acre tract, same being the west corner of the C. W. Henry
- 2.991 acre tract described in the deed recorded in Volume 2956, Page 171, of
the Official Records of Brazos County, Texas, and same being in the southeast line
of Dartmouth Crossing Subdivision, according to the plat recorded in Volume
3127, Page 15, of the Official Records of E;razos County, Texas, and same being
the east corner of the southeast end of t~e existing right-of-way of Dartmouth
Drive (90' wide right-of-way), from which a 3" creosote post fence corner bears
S 34° 51' 31" E - 0.8 feet;
THENCE S 47' 27' 53" E along the northeast line of the beforementioned
8.973 acre tract, same being the ~outhwest line of the beforementioned 2.991
acre tract, adjacent to fence, at a distance of 596 feet, a 4' creosote' post fence
corner bears northeast - 0.8 feat, continue on, leaving said fence, for a total
distance of 756.45 feet to a ½' iron rod found (bent) marking the east corner of
the 8.973 acre tract in the northwest line of Krenek Tap Road, same being the
south corner of the 2.991 acre tract;
THENCE S 42° 32' 06" W along the southeast line of the beforemontioned
8.973 acre tract, same being the northwest line of Krenek Tap Road for a distance
of 115.00 feet to a Y,' iron rod set at the beginning of a transition curve from
Krenek Tap Road to the proposed extension of Dartmouth Drive, concave to the
west, having a radius of 25.00 feet;
THENCE through the interior of the beforementioned 8.973 acre tract and
along the I~OpOsad southwest right-of-way-line of Dartmouth Drive extension, aa
follows:
Northerly along said curve for an arc length of 39.27 feet to a ½'
iron rod set at the end of this curve, the chord
bears N 02° 27' 54" W - 35.36 feet,
N 47° 27' 53" W for a distance of 730.62 feet to a Y=' iron rod set
In the northwest line of the beforementioned
8.973 acre tract at the south corner of the
existing Dartmouth Drive right-of-way;
THENCE N 42~ 00' 12" E along the northwest line of the beforementloned
8.973 acre tract, same being the southeast end of the existing Dartmouth Drive
rJght-of-way for a distance of 90.OO feet to the PLACE OF BEGINNING, containing
1.565 acres of land, more or less.
k4~O~ lb:~dl,t~ I.S~K
Surveyed February 2000
~.~.[..S. No. 2003
KI_ING ENGINEERING AND SURVEYING
~YAN. TI~XAS