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Home My WebLink About07-25-85-18 - Resolution - 07/25/1985RESOLUTION NO. 07-25-85-18 WHEREAS, the City of College Station having determined the necessity of constructing a sewerline, known as the Bee Creek Interceptor Sewerline, beginning at the Henry Kapchinski property and traversing in a westerly direction across the Ronald Holmes and Linda Holmes property to the State Highway 6 By-Pass; and WHEREAS, the City Council having determined that it is necessary to obtain an easement on property owned by Ronald E. Holmes and Laura M. Holmes, described on the attached Exhibits A and B 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 easement area described on Exhibits A and B attached hereto shall be acquired by the City; the reasonable cash market value of same shall be de- termined and paid according to law, either by voluntary pur- chase 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 title thereto, free and clear of any restrictions or covenants inconsistent with the use of same for all lawful public utility purposes. Further, that the City Attorney is by this resolution expressly authorized to initate and puruse condemnation proceedings and any other necessary litigation incident to the purpose herein set forth. PASSED and APPROVED this 25th day of July , 1985. ri;q5 1 4 6 UTILITY EASEMENT ~10. '! ItONALD E, HOLHE$ TRACT . ..,:[,,;..~. f Being a scrip of land 20 £eeC wide for a sanitary sewer line easemen~ s~cuaced in the Horgan ~ecCor League, Abstract No. ~6, Bcazos County, ~.~:,.r "-, and v~fa Laura by deed recorded ~n Volume 617, Pa~e 653 of ~he Deed J,Y~;~ ~ecords of Brazo8 County, T~8; ~e ceuCerl~ne of said 20-foot COllnclnl al chi Ioulh cornet ota 10.0 acre trail of lind convict. ~,[~p~-~ Co FFa~ J. hcou., Jr. and v~,. H~en by V*cCor*a Kapch~n.k, .. J~ :,~;~ recorded ~n Volume 26t. ~ase 629 of ~he De~ Records of B~asos County, '~[]~]4,, ~ or less, Co a poiuC, sa~d point also be~ the PO~ OF B~I~ of au ]~,~ existing sni~aU s.er line eas~euc conveyed Co ~he CLOy o~ College ,~;~ Staten. Tuns, by Victoria hpchinsk* as recorded *u Volume 335, ~61 o~ ~he Deed ~ecords o~ Brazos County, T~as~ ~e~e S 42'~9t l~l:~;' tr'~.J~' Counc~, Tex~s; . conveyed ~o Hen~ ~pchinsk~ and wi~e Joyce tn Ill lJ '~ Volume 343. Page 28~ of the Deed gecord8 of Brazos 3. A 15.0 acre tract o~ land conveyed to ~ld E. Holmes ' and vile Laura by Henry Kapchinsk~ and v~f~ Joyce as ~'. recorded ~n Volume 617, Pa~e 6~3 of the Deed .~ of Brazos County, T~a8; ~ . Sa~d angle point be~ns s~Cuaced ~n the above sa~d 1~,0 acre Crate and ' also be~n~ the POINT OF B~I~ZNG of Chis Description; · . marking the common property corner of said Holmes and A & H Church of j .~: Christ tracts and the end of this 20-£oo~ easement Description. -esxscered ~ubXXc Sure,or EXHIBIT A Thence S 47'23t V 276.0 feet, more or less, co a po'~nc on the co=non property l~.ne of said Holmes tract and a tract of land conveyed to ~.t'"! the A & H Church of Christ by deed as recorded in Volume 310, Page 429 ~ of the Deed Records of Brazos County, T~as, said point also being in ~ .... a southeasterly dicecc~on ~5,9 feec~ mo~e or less, from an iron pin 'nF:5 14 7 UTILITY EAS~4EHT ROHALD E. HOLHES TRACT Seinl · strip of land 20 Oeec v~de for · peruanenc public ,element lttUaCed In ch, HOrlan Rector Leesu.e, AblCrecc Ho. Brlzol County, Texll, out of · 15.0 ·cra Ct·ct conveyed co Rouald E. Holmel ·nd wife Laura by deed recorded in VoXuue 6x7, Pall 653 of ch, Deed aecordl of Brilol County, Texas. The boundary 5£ laid 20-foot ell,merit beiu$ more fully delcribed es follovl: C,oem.enc~ns aC a £encl corner aC ch, incereecc~on of the north,alt rf~hc-o£-viy_ line of Scare H~hvey & (EalC By-Pall) and ch, louChealC .'?~..!h.C-o£.-viy line of ch, road Co ch, City of Cell,Si $c·C~on claire- ricer TreetaenC Plant, laid cbrner also beinl chi molt vescerly corner '~f .la'id He,eel CracCl- Thenie louChealC conC~SUOUl v~ch ch, norChealC ~ilh'C--o£-~ a~.._l_~.n_e_-of Scare Hishv·y 6 · dilCauce of 4.43.9 feet, more or leel, to Ch,..FOIHT OF BEGI~dlHG 'of Ch~l°~elcr~ptton, la~d point all, be.ins .ch, .UOl~ IouthvesCerly pr, percy corner of laid Holnel Crate; Thence. N:.2'28' 19." ti concisuoul..v~ch said norths-eeC "h~sl~va~ right-of- ray line · distance of 20.0 feet' co · point; Thence ~. 86'15'31" g parallel vith and 20 feet north of ch, southerly pr, perCy line of said Holmes tract · distance of 6~8.2 feet, more or lees, CO · point; Thence S 48030*3&" E 337.9 feet, nora.or less, Co · point, said point also beans on ch, cencerline of an exiscinS 27-inch sever; Thence S ~2036"36" ~ 20.0 Oeec Co a point; Thence N 48050'34" ti 3&9.2 ~eec, note or less, co a po&nc, said po&nc also beins the common-pr, perCy corner of laid Holmes crate and a 4,0 acre tract conveyed co Herbert Cole and vise Colds recorded in Volume 299, PaSs 129 of Ch, Deed Records of Brazes County, Texas; Thence S 86015'31" ti 640.4 feet, more or less, concisuous vLCh CEe aforesaid southerly pr, perCy line of laid Holmes crate co ch, POINT OF BEGIHHIHG and end of chis Description concainin$ 0.46 acres of land, more or less. An additional easement for construction purposes il sranced u~cil completion of a lan&car~ lever project, said construction easement blin$ · scrip of land 30-foot vide v hose boundary il more fully described al fell.rs: ~!!I! Counencin$ aC ch, POINT OF BECIlqlqlNC of ch, above delcrtbed 20-foot I utility easement; Thence N 2'28'19" ti conCisUOUl rich ch, aforelaid .~'.~~~i northeast r&$hc-of-vay line of Scare Highway 6 a distance of 50 Oeec Co a po&nc; '.boundary of the above described lO-foot utility easement a distance of '1 .: 64~.8 feet, more or less, Co apo&nC; EXHIBIT B j~:-:~ boundary ol she above described 20-loot uct~.cy easement a d~scance ot ,~ co~n property ~ue of sa~d Ho~zes crac~a~ sa~d Cole Crate, ~ence a 3039'~0" ~ ~.I feet, mrs or less, ~nc~gu~s ~ch 8a~d c~u property ~ne co a po~uc, sa~d ~u~ also, be~ the ~o~u ~-~. property co.er of s~d Ho~8 a~ ~le traces[ ~::'~" ~ence S 86'1~'31" ~ 6~0.~ feeC, mrs or ~ess, couC~ous ~ch the. ~ ~, southerly bounda~ o~ the able described 20-foot uC~Cy easmenc '~;:' co the PO~ OF B~NG a~ end o~ chis DescripC~ou. :~, P~PA~I~ BY** · - E.I~. HcDov, Jr. ~0 l~e~sCeEed ~ubl~¢ SuL~eyor Ho. 3?$$ O¢cobe.ro 198& Exhibit B - page 2