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HomeMy WebLinkAbout12-13-84-23 - Resolution - 12/13/1984RESOLUTION NO. 12-13-84-23 WHEREAS, the City of College Station having determined the necessity for water and sewer lines to the tracts of land along Harvey Road, which lines will be located south of Highway 30; and WHEREAS, the City Council having determined that it is necessary to obtain the easement on the property owned by Richard D. Smith, described on the attached Exhibit A to this resolution, and that the public need requires the ac- quisition of same in such manner as to make the property available for lawful use for such purposes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of College Station that the easement area described on Exhibit A attached hereto shall be acquired by the City; the reasonable cash market value of same shall be deter- mined 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 ~xpressly autho- rized to initiate and pursue condemnation proceedings and any other necessary litigation incident to the purpose herein set forth. PASSED and APPROVED this 13th day of December , 1984. ATTEST: ~ ity Sec~/~--- 0067 EXHIBIT "A" RICHARD SMITH TRACT Being a strip of land 20 feet wide for a permanent public utility easement situated in the Richard Carter League, Abstract No. 8, Brazos County, Texas, of a 0.43 acre tract conveyed to Richard Smith by deed recorded in Volume 328, Page ,7~ of the Deed Records of Brazos County, Texas. The centerline of said 20-foot easement being more fully described as follows: Beginning at a point on the southeast right-of-way line for State Highway 30, said point also being on the centerline of an existing 20-foot sewer easement conveyed to the City of College Station by deed recorded in Volume 410, Page 9 of the Deed Records of Brazos County, Texas; Thence southeast along said centerline of existing easement 38 feet, more or less, to the POINT OF BEGINNING; THENCE N 48°19'4~'' E 94 feet, more or less, to a point; said point being on the common property line of said Smith tract and a 33.98 acre tract conveyed to H.P. Dansby by deed recorded in Volume 244, Page 581 of the Deed Records of Brazos County, Texas; and the end of this easement; said point also being northwest 10 feet, more or less from the south corner of said Dansby tract. An additional easement for construction purposes is granted for one (1) year from the date hereon, said construction easement being a 50-foot wide strip of land whose southeasterly boundary is coinci- dent with the southeasterly boundary of the aforesaid 20-foot permanent utility easement. E.R. McDow, Jr. '~ Registered Public Surveyor No. 3755 November, 1983 .