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HomeMy WebLinkAbout01-25-95-C-4 - Resolution - 01/25/1995q so[ution NO. 01-25-95-c-4 A RESOLUTION AUTHORIZING THE MAYOR, CITY MANAGER AND CITY ATTORNEY TO ACQUIRE A 0.010 ACRE TRACT OUT OF A PORTION OF 1.94 ACRE TRACT SITUATED IN THE MORGAN RECTOR LEAGUE, ABSTRACT NO. 46, FOR USE AS A FIFTEEN FOOT WIDE PUBLIC UTILITY EASEMENT. WHEREAS, the City of College Station having determined the necessity of acquiring a 0.010 acre tract out of a portion of a 1.94 acre tract situated in the Morgan Rector League, Abstract No. 46, conveyed from L.J. Kirkpatrick, et ux, to Gerald Farrar as described by deed recorded in Volume 1140, Page 774, of the Official Records of Brazos County, Texas, for use as a fifteen foot (15') wide public utility easement; and WHEREAS, the City Council having determined that it is necessary to acquire the public ownership described in Exhibit "A" attached to this Resolution, and that the public need requires the acquisition of same in such manner as to make the property available for lawful use for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of College Station that the property described in Exhibit "A" attached hereto shall be acquired by the City; and the reasonable cash market value of same shall be determined and paid according to law, either by voluntary purchase or by condemnation; and that the City Manager, the Mayor, and the City Attorney are authorized to take any and all necessary actions to obtain and pay for such property, including the marketable fee simple title thereto, free and clear of any restrictions or covenants inconsistent with the use of same for all lawful purposes. Further, that the City Attorney is by this resolution expressly authorized to initiate and pursue condemnation proceedings and any other necessary litigation incident to the purpose herein set forth. PASSED and APPROVED this ~--~' day of January, 1995. AT'I'EST: City Secretary APPROVED: ION #01-25-95-C-4 ~ PAGE 2 METES AND BOUNDS DESCRIPTION OFA 0.010 ACRE TRACT (A 15' WIDE WATER IHNE EASEMENT) MORGAN RECTOR I,~'A, GUE, ABSTRACT NO. 46 COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain 0.010 acre tract or parcel of. land, being a 15 foot wide water line easem.ent, lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas, and being a portion out of that same 1.94 acre tract conveyed from L.I. Kirkpatrick, et ux, to Gerald Fan'ar as described by deed recorded in VOLUME 1140, PAGE 774 of the Official Ri~xls of Brazos County, Texas, said 0.010 acre tract lying wholly within the proposed right-of-way of Comell Street and being more particularly described as follows: · ~ at the west comer of Lot 4, Block Two, Brentwood Section 'l;wo, as depicted by plat recorded in VOLUME 354, PAGE 731 of the Deed Records of'Brazos County, Texas, and being also the terminus of the northeast right-of-way line of Comell Street. ~ S 41 o 48' 31" W - I 5.00 feet with the northwest line of said Brentwood Section Two to a point for comer. .ENCE N 48°11' 29" W - 30.00 feet within said proposed fight-of-way to a point for comer ia the northwest line of said 1.94 acre tract. ~N 41° 48' 31" E - 11.63 feet with said northwest line and across said proposed right- of-way to an angle~ / ~-~-) ] cOrner../ ~ said proposed right-of-way line of ComeH Street for 48° 11' 29" E - 30.77 feet along said fight-of-way line to the ~ and containing 0.010 acres of land. June 1994 Municipal Development Group College Station, Texas' Prepared by: ~~~---'~ .t~..~Ke~ler RPLS No. 1852 000074-f.06-06(2399) .' EXHIBIT "A" · eRDINANCE' #01-25t~3~-C-4 '\ .4 ..... J .... l -~'"-'~ EASEMENT I~ .~,~l.W. ,. O~'4'P,~' i ~ ~ ' ....... ,.. ,;~7~ ......... :-..'~-: "~ ,~ EXHIBIT DIAWING I ~:A 8RE~TWOOD SECTION THREE 0.707 ACRE TRACT and a 0.041 ACRE TRACT ~v. ~,.~' vozuM,: 370, p,qr.~ 8ss 0.035 ACRE TRACT, a 0.176 ACRE TRACT, and a O.010 ACRE TRACT (15" Waterline Easements) 8Rl3frlfOOO SECTION TWO PROPOSl~ TROY SUBOi~ISION VOUJNE 354, PAGE 73! HORG~ ~ LEAGUF~ A - 45 SO~ I'~l~ · I I J PAGE 3