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02/25/2021 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council Regular Internet:  https://zoom.us/j/93583547898 *Phone: 888 475 4499 And Webinar ID: 935 8354 7898 February 25, 2021 6:00 PM 1101 Texas Ave, College Station,  TX 77840 College Station, TX Page 1 *The City uses a third­party vendor to help host the meeting and if the call­in number is not  functioning access will be through the internet link only.       1.Call to Order, Pledge of Allegiance, Invocation, Consider Absence Request.     Speaker Protocol: An individual who wishes to address the City Council regarding any item on the  Regular Agenda shall register with the City Secretary prior to 2 p.m. on the day of the meeting.  Individuals must register to speak or provide written comments at  https://forms.cstx.gov/Forms/CSCouncil or provide a name and phone number by calling  979­764­3500. Upon being called to speak an individual must state their name and city of residence,  including the state of residence if the city is located out of state. Speakers are encouraged to identify  their College Station neighborhood or geographic location. Each speaker’s remarks are limited to  three (3) minutes. Any speaker addressing the Council through the use of a translator may speak for  six (6) minutes. At the (3) minute mark the City Secretary will announce that the speaker must  conclude their remarks.     2.Hear Visitors     During Hear Visitors an individual may address the City Council on any item which does not appear  on the posted agenda. The City Council will listen and receive the information presented by the  speaker, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational  concern shall be directed to the City Manager.     3.Consent Agenda     During the Consent Agenda an individual may address the City Council on any Consent Agenda  Item. Presentation, discussion, and possible action on consent agenda items which consists of  ministerial or "housekeeping" items required by law. Items may be removed from the consent  agenda by majority vote of the Council.  3.1.Presentation, discussion, and possible action of minutes for: • February 5, 2021 Retreat • February 11, 2021 Workshop Meeting • February 11, 2021 Regular Meeting   Sponsors:Tanya Smith   Attachments:1.RT020521 DRAFT Minutes 2.WKSHP021121 DRAFT Minutes 3.RM021121 DRAFT Minutes Page 1 of 112  City Council Regular Page 2 February 25, 2021 3.2.Presentation, discussion, and possible action on the first reading of a franchise agreement with  Vos Transport LLC for the collection of demolition and construction debris, recyclables, and  organic waste from commercial, industrial, and multifamily locations.  Sponsors:Donald Harmon  Attachments:1.Franchise agreement on file with the City Secretary's Office 3.3.Presentation, discussion, and possible action on a resolution ratifying and approving an  economic development incentive by the City of Bryan to a development in the bio­corridor  project in accordance with the interlocal cooperation and joint development agreement between  the cities of Bryan and College Station.  Sponsors:Natalie Ruiz  Attachments:1.Lake Walk Innovation 380 Ratification Resolution CSFINAL  3.4.Presentation, discussion, and possible action on a two­year janitorial services contract with  Andrews Building Service, Inc. for $465,011.10 for city facilities and the Northgate District.  Sponsors:Donald Harmon  Attachments:1.Contract on file with the City Secretary's Office 3.5.Presentation, discussion, and possible action regarding a contract with Iteris Inc. for $357,920  purchasing services, equipment, and maintenance of hardware and software.  Sponsors:Troy Rother  Attachments:1.Contract on file with the City Secretary's Office    4.Regular Agenda     During the Regular agenda an individual may address the City Council on any Regular Agenda item  including those items not posted for Public Hearing. For those items posted for a Public Hearing, if  the City Council needs additional information from the general public after the Public Hearing is  closed some limited comments may be allowed at the discretion of the Mayor.  4.1.Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating  and abandoning 0.19 acre and 0.58 acre portions of 20­foot wide Public Utility Easements lying  along Lots 1­4, of the Century Hill Development Subdivision, according to the plat recorded in  Volume 7623, Page 231, of the Official Records of Brazos County, Texas.  Sponsors:Alma Guerra   Attachments:1.Ordinance 2.Exhibit A 3.Vicinity Map 4.Location Map 5.Application Page 2 of 112  City Council Regular Page 3 February 25, 2021 4.2.Public Hearing, presentation, discussion, and possible action regarding an ordinance amending  the Comprehensive Plan Future Land Use and Character Map from Suburban Commercial to  Urban for approximately 10 acres, generally located at 1660 Graham Road.   Sponsors:Rachel Lazo   Attachments:1.Ordinance 2.Background Information 3.Vicinity Map, Aerial, Small Area Map 4.Applicant's Supporting Information 5.Comprehensive Plan Amendment Exhibit 6.Comprehensive Plan Map 4.3.Presentation, discussion, and possible action regarding a resolution determining that an  easement containing 0.0761 acres of land, and a temporary construction easement containing  0.0799 acres is needed to be acquired from Tortuga 3209, a Texas Joint Venture, for the  construction, operation, maintenance, inspection, replacement, and removal of one or more  public utility lines and other public infrastructure as part of State Highway 6 waterline, phase 3  project for the City of College Station, Texas; and authorizing the institution of eminent domain  proceedings.  Sponsors:Emily Fisher  Attachments:1.Tortuga 3209­ Resolution with Exhibits 4.4.Presentation, discussion, and possible action regarding a resolution determining that an  easement containing 1.092 acres of land, and a temporary construction easement containing  0.541 acres is needed to be acquired from Brazos RE Investors Group, LLC, a Texas Limited  Liability Company, for the construction, operation, maintenance, inspection, replacement, and  removal of one or more public utility lines and other public infrastructure as part of State  Highway 6 waterline, phase 3 project for the City of College Station, Texas; and authorizing the  institution of eminent domain proceedings.  Sponsors:Emily Fisher  Attachments:1.Brazos RE Investors Group, LLC­ Resolution with Exhibits 4.5.Presentation, discussion, and possible action regarding a resolution determining that an  easement containing 0.086 acres of land is needed to be acquired from HRKR, LLC, a Texas  Limited Liability Company, for the construction, operation, maintenance, inspection,  replacement, and removal of one or more public utility lines and other public infrastructure as  part of State Highway 6 waterline, phase 3 project for the City of College Station, Texas; and  authorizing the institution of eminent domain proceedings.  Sponsors:Emily Fisher  Attachments:1.HRKR, LLC­ Resolution with Exhibit 4.6.Presentation, discussion, and possible action regarding the City's response to the recent winter  storm impacting the State of Texas.  Sponsors:Jeff Capps  Attachments:None Page 3 of 112 City Council Regular Page 4 February 25, 2021 5.Presentation,  discussion, and possible action on future agenda items and review of standing list of Council generated agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of  specific factual information or the recitation of existing policy may be given. Any deliberation shall be  limited to a proposal to place the subject on an agenda for a subsequent meeting.  6.Adjourn. The City council may adjourn into Executive Session to consider any item listed on the agenda if a  matter is raised that is appropriate for Executive Session discussion.   I certify that the above Notice of Meeting was posted on the website and at College Station City  Hall, 1101 Texas Avenue, College Station, Texas, on February 19, 2021 at 5:00 p.m.  City Secretary This  building  is  wheelchair  accessible.  Persons  with  disabilities  who  plan  to  attend  this meeting    and    who    may    need    accommodations,    auxiliary    aids,    or    services    such    as interpreters,   readers,  or  large  print  are  asked  to  contact  the  City  Secretary’s  Office  at  (979) 764­3541,  TDD   at  1­800­735­2989,  or  email  adaassistance@cstx.gov  at  least  two  business days  prior  to  the   meeting   so   that   appropriate   arrangements   can   be   made.   If   the   City   does  not   receive   notification  at  least  two  business  days  prior  to  the  meeting,  the  City  will  make  a reasonable  attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant  to  Section  30.07,  Penal  Code  (Trespass  by  License  Holder  with  an  Openly  Carried     Handgun)     A     Person     Licensed     under     Subchapter     H,     Chapter     411,  Government   Code   (Handgun   Licensing   Law),   may   not   enter   this   Property   with   a  Handgun that is Carried Openly."  Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme  a  la  Seccion  30.07 del  codigo  penal  (traspasar  portando  armas  de  mano al    aire   libre   con   licencia),   personas   con   licencia   bajo   del   Sub­Capitulo   H,   Capitulo  411,  Codigo  de  Gobierno  (Ley  de  licencias  de  arma  de  mano),  no  deben  entrar  a  esta  propiedad portando arma de mano al aire libre.” Page 4 of 112 February 25, 2021 Item No. 3.1. Council Minutes Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action of minutes for: • February 5, 2021 Retreat • February 11, 2021 Workshop Meeting • February 11, 2021 Regular Meeting Relationship to Strategic Goals: Good Governance Recommendation(s): Approval Summary: N/A Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: 1.RT020521 DRAFT Minutes 2.WKSHP021121 DRAFT Minutes 3.RM021121 DRAFT Minutes Page 5 of 112 RT020521 Minutes Page 1 MINUTES OF THE CITY COUNCIL SPECIAL MEETING CITY OF COLLEGE STATION FEBRUARY 5, 2021 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Council Breakfast. 2. Call to Order and Announce a Quorum is Present With a quorum present, the Retreat Meeting of the College Station City Council was called to order by Mayor Mooney at 8:36 a.m. on Friday, February 5, 2021 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 3. Introduction and Retreat Process. Jeff Capps, Interim City Manager, gave a brief summary of the agenda and proposed discussion. Bryan Woods, City Manager, also provided an overview of the challenges of the previous year and spoke on the importance of today’s strategic discussion. Items below were presented out of order. 4. Presentation, discussion, and possible action regarding a review of FY 2020 in accordance with the Strategic Plan. (presented 1st) Brian Piscacek, Assistant to the City Manager, presented a brief update on FY 2020 in accordance with the Strategic Plan. He stated that is some overlap where staff is still working toward the goals of the current year, or to some extent addressing goals of the prior year, while working toward establishing priorities for the upcoming fiscal year. Therefore, the existing strategic plan includes some crossover between the two years. Page 6 of 112 RT020521 Minutes Page 2 Prepare for the 2020 U.S. Census: Completed; efforts were led by Planning & Development staff and collaboration with many local partners to drive participation. Dedicated webpage on cstx.gov promoting the effort. Presentation to Council in September 2019 in advance of the count. Review homestead exemption levels: Done as part of the budget process. Complete construction of new police facility: Complete on time and under budget. Begin construction of new City Hall: Construction underway. Complete update to Capital Improvement Plan: City staff annually prepares a 5-year CIP budget, which Council reviews as part of the budget process. Conduct annual meetings with neighborhood stakeholders: Due to COVID-19, this has been postponed or canceled various educational and outreach opportunities such as the neighborhood seminar suppers. Although, three seminar suppers were held virtually or in- person. More efforts to reach out to various groups in the community are planned for 2021. Engage Texas A&M in neighborhood integrity processes for student housing: Neighborhood Services reestablished the Aggie Up Committee with city and Texas A&M staff to collaborate on off-campus student issues and opportunities to educate off-campus students on CS ordinances and Good Neighbor practices. Along with other community members, Texas A&M student representatives and groups were specifically targeted for engagement in The Next 10 process. The resulting Evaluation and Appraisal Report proposed a recommendation to create a new Partnerships chapter which is focused on highlighting and building upon relationships with Texas A&M and our local partners. Review and update Economic Development Master Plan: Presented to the Economic Development Committee early March and then to the Planning & Zoning Commission and City Council in April for final adoption. Now in the implementation phase and making progress each quarter. It is listed as one of the Economic Development Department’s Key Performance Indicators. Promote the College Station brand: Embarked on a rebranding effort with Belmont - Grow/Visit/Compete College Station. Developed subsequent marketing collateral accordingly with Public Communications and brought in Tourism department under Economic Development. Continue Comprehensive Plan update: The Comp Plan Evaluation & Appraisal Report has been a significant endeavor. It was accepted by Council on October 8, 2020 and included months of work from staff, stakeholder input, and guidance from CPEC. City staff is now launching plan update process and will present this later in the Retreat. 5. Presentation, discussion, and possible action regarding strategic priorities, ongoing activities, and Key Performance Indicators for FY 2021 in accordance with the Strategic Plan. (presented 2nd) Brian Piscacek, Assistant to the City Manager and Jeff Capps, City Manager, updated Council on the items requested at the 2020 Council Retreat and the future agenda item requested following the Council Retreat. They explained what is completed, ongoing, and put on hold due to COVID- 19 and budget restraints. Mr. Piscacek provided the following overview of the strategic priorities, ongoing activities, and Key Performance Indicators for FY 2021. Page 7 of 112 RT020521 Minutes Page 3 Develop and implement a legislative policy agenda: Legislative program adopted by Council by resolution on December 10, 2020. CMO staff met with elected representative December 2020 in advance of the 87th Texas Legislative Session. Initiate a comprehensive approach to effectively communicate the city’s accomplishments, activities, and events: Public Communications staff has implemented outreach strategies, primarily through additional video products, including a monthly series to highlight positive accomplishments. Development is underway on another new series focusing on the innovate use of technology to deliver efficient and high-quality services to residents. City’s podcasts continue to grow in viewership. Public Communications staff has made strides toward increased accessibility for videos, offering captions for any voice work. This is beneficial not only to the hearing impaired, but also those who consume our video products on a mobile device – students in particular. Analyze the potential for additional beautification efforts during construction projects: Staff is incorporating landscape into current and future road projects based on the recently adopted policy. At the request of Council staff from Public Works presented an item on October 8, 2020 regarding the costs of installing and maintaining landscaping on City thoroughfares. Following Council direction, a proposed policy regarding landscaping investment on the City’s collector and arterial streets was returned and approved by Council December 10, 2020. Develop a campaign to promote the investments and opportunities at Veterans Park and Athletic Complex: Investments continue at this signature park and athletic complex. A workshop presentation was made on September 24, 2020 to discuss future enhancements to Veterans Park, including the Military Heritage Center, conservation area signage, and tree plantings. A $1.9 million contract was approved August 27, 2020 to improve drainage and other infrastructure, add restroom facilities, and two new military-themed playgrounds. Also provide HOT funding to support Brazos Valley Veterans Memorial in Veterans Park. Pursue city initiatives and designations related to smarter technologies, sustainability, and collaborative solutions: AMI installation began in November 2020. In addition, the City has migrated to the Microsoft Office 365 environment which enables collaboration and work from anywhere with implementation of OneDrive, Office ProPlus and Outlook on the Cloud. City has also implemented SharePoint providing another tool for automated workflow and document collaboration. Regarding the pursuit of designations, the City received the Bicycle Friendly Community Award Designation December 2020. 6. Presentation, discussion, and possible action regarding the City’s response to the COVID- 19 pandemic and its effects on City operations, the FY 2021 Budget, and FY 2022 Budget planning. (presented 3rd) Mary Ellen Leonard, Finance Director, presented an overview of the City’s response to the COVID-19 pandemic and its effects on City operations. FY20 Revenue over Expense Statement – General Fund: Sales Tax Exceeded Budget by $2.4 million partially due to the opening of Texas to 75% occupancy and one home football game at 25% occupancy Recognition of TDEM Revenue of $2.3 million in funds received over expenses Additional departmental cost savings of $2.6 million Capital outlay timing differentials of $2.2 million Assigned Fund Balance (Council set asides - $8.1 million, including $3.4 CARES Act) Page 8 of 112 RT020521 Minutes Page 4 Unassigned Fund Balance percentage 30.46% FY21 Revenue over expenses year end estimate: Sales Tax Exceeding Budget by $3.4 million partially due to the opening of Texas to 75% occupancy and two home football games at 25% occupancy Mrs. Leonard explained that Budget Amendment 1 contained a transfer into the General Fund from Court Technology for Software for which expenditure has not been incurred, so expenses are below budget. With the current FY21 fiscal trends the city has positive financial options that did not exist when the budget was originally developed. FY21 Budget Mitigation Strategies: Frozen positions - $2.8M Pay Plan - $620K OPEB - $0 Under the CARES Act, the City was allocated $6.4 million to help with its expenses related to the pandemic like additional expenses for first responders. To date the city has received a total of $5.5 million with $912K still under review for applicability, but this amount does not include the CDBG funding Debbie Eller, Director of Community Services, has been presenting this fiscal year. The Community Subgrants must meet the same requirements as the City but so far, the city granted $1.7 million to community partners, primarily hospitals and the reserve amounts are intended to assist with coming expenses related vaccine distribution costs to the community FY22 Estimated Impacts of Homestead Exemption: •Revenue impact is uncertain (FY21 valuations are pending) •Small reduction in property taxes paid for Homesteaded properties •Without mitigating increase, reduction in General Fund revenue and debt capacity •Net Impact shown is assuming that a mitigating tax rate is enacted to offset revenue loss by moving burden to second homes / investment community At 10:34 a.m., the Mayor recessed the Retreat meeting. Page 9 of 112 RT020521 Minutes Page 5 The Retreat meeting reconvened at 10:51 a.m. 7. Presentation, discussion, and possible action regarding the Comprehensive Plan. (presented 4th) Alyssa Halle-Schramm, Planning and Development, provided an update on the Comprehensive Plan, which includes the overall city-wide direction, focused planning and implementation. Ms. Halle-Schramm explained the details of the Master Plans and the District & Neighborhood Plans. These plans will implement the Capital Improvement Plan (CIP), the departmental work programs & budgets, the City Council Strategic Plan and the Code of Ordinances. Next 10 Evaluation Assessed plan implementation Robust public input 10-Year Evaluation & Appraisal Report Big Picture Recommendations Consider renaming chapters to reflect aspirations Refine the vision statement and goals Refine the Concept Map Refine the Future Land Use Map Prioritize areas for additional detailed planning Refine the Thoroughfare Plan Refine the Annexation Priorities and Phasing Plan Add a chapter about partnerships and collaboration Revise the Plan’s recommendation structure and format Text Edits Update vision statement Update chapter goals & rename chapters Update 2030 population projections Streamline background context Add new Strategic & Ongoing Actions Create new Partnerships Chapter Create a plan implementation matrix Map Edits - Future Land Use Map Reduce the number of categories (from 25 to 17) Rename to be distinct from Zoning District names Introduce new categories Re-evaluate Suburban Commercial & General Commercial locations Update the Natural Areas boundaries General clean-up items & map graphics 8. Presentation, discussion, and possible action regarding traffic congestion and mobility issues. (presented 6th) Councilmember Crompton stated that the citizens have ranked traffic congestion as a top concern for recent years. According to recent estimates congestion is increasing 4-6% every year, over Page 10 of 112 RT020521 Minutes Page 6 time this will have an overwhelming impact on mobility and quality of life. He believes that there are two distinct areas of congestion, one around the campus and one in south college station. Council directed staff to consider emerging roadways, engage the MPO, seeking and incentivize alternative transportation, acquire right of ways, and be prepared with “shovel ready” projects to take advantage of federal grants. Staff will bring back a report for the needs of the community, funding options, and opportunities for partnership. 9. Presentation, discussion, and possible action regarding CIP planning and future projects. (presented 5th) Emily Fisher, Assistant Director of Public Works, provided an update on the CIP completed, current and future projects. There are five (5) active facilities in the amount of $57,200,000; (25) active street projects in the amount of $79,250,000, of which $13,300,000 are in construction; and (17) active water/wastewater projects in the amount of $120,815,000. Completed Projects: Police Station, Greens Prairie Road, Fun for all Park and LC Trunkline. Current Projects: City Hall, Francis Drive, Neighborhood Safety Improvements and Water Tower FY 21 CIP Changes Projects on hold (have since restarted) –Woodson Village Rehab –CCWWTP Centrifuge Project Pushed project funding timeline –Southeast Park –Royder Phase 3 –General Pkwy Extension Reduced project funding –SH 40/FM 2154 Interchange –Luther Extension Greens Prairie Road Phase 2 –Budget $11,214,000; Summer 2021 start; 18 months Facilities Maintenance Building –Budget $2,100,000; Summer 2021 start; 9 months Sidewalks along Southwood Dr. and in Eastgate –Budget approx. $500,000; Fall 2021 completion Deacon RR Crossing –Budget $5,740,000; 18-month completion time Rock Prairie West Widening/Railroad Crossing –Budget $7,390,000; 12-month completion time Outlook for FY 21 & Beyond James/Puryear & Thomas Park –Budget $3,300,000 (combined); Award design contract March 2021 Jones Butler Extension & Intersection –Budget $10,035,000; Currently under design WD Fitch Rehabilitation –Budget $8,260,000; Currently under design Lincoln Drive Rehabilitation Page 11 of 112 RT020521 Minutes Page 7 –Budget $7,970,000; Construction start next year Francis Drive Phase III –Budget $2,050,000; Design start late 2021 Rock Prairie Road East Widening –Budget $5,500,000; Currently under design At 11:58 a.m., the Mayor recessed the Retreat meeting. The Retreat meeting reconvened at 12:39 p.m. 10. Presentation, discussion, and possible action regarding broadband internet services. (presented 8th) At 2:10 p.m., the Mayor recessed the Retreat meeting. The Retreat meeting reconvened at 2:26 p.m. Sindhu Menon, Chief Information Officer, presented an overview of the city broadband internet services and options to provide better, faster, and more affordable broadband services to the residents of City of College Station; and address underserved areas. Option 1: City partners with new Broadband Carrier to provide broadband services to the residents of College Station. Option 2: City partners with a new Broadband Carrier to lay the fiber and provide services to residents of College Station. Option 3: City partners with a new Broadband Carrier and becomes the ISP for the residents College Station. Option 4: City continues to work with existing Broadband Carrier to improve their services to the residents of College Station. Risks for all Options: Carrier does not support and deliver appropriate services to residents Page 12 of 112 RT020521 Minutes Page 8 Not have enough residences to justify the costs of laying fiber Not enough funding options from the Carrier or City to support reduced costs If funding options are available today due to the pandemic, what will happen when those funds are unavailable: Would the City no longer provide the services and eliminate the program; or Would the City absorb all the costs? The digital divide may still exist if sustainable funding option is not available Council Direction Requested: Maintain current state and improve on vendor communication –Improve communications with local ISP providers – Suddenlink, Frontier, Wirestar, CEO LLC Continue to explore further –Prioritize as a strategic initiative –Conduct additional discovery of options and costs –Work with additional providers to build services in the region – MetroNet, Rise Broadband, Sifi Networks, Wifiber and others –Deep dive legal review of the statues and agreements needed –Partnership Alignment –Target POCs –Citizen Communication –Project Business Case Development – including budget, funding, scope, timelines and resources Council directed staff to not heavily invest City funds to build the fiber infrastructure; to bring competition by engaging vendors who would build the infrastructure; want City Fiber utilization to be optimized; directed staff to work with TAMU TEEX in an advisory capacity; and explore the and bring back the least expensive of the options presented. 11. Presentation, discussion, and possible action regarding the ethics policies for the College Station City Council. Councilmember Crompton brought forward to Council the possibly of a Charter Amendment regarding the 2012 ethics policy language, complaint process for council ethics violations, and an ordinance of Plano’s regarding campaign contributions. A majority of the Council directed staff to bring back proposed language for an amendment to section 116 of the charter that is substantially similar to the 2012 language; to propose language to the charter that provides a complaint process for council ethics violations; and a draft ordinance to mirror Plano’s except to apply to campaign contributions over $500. 12. Presentation, discussion, and possible action regarding the format of City Council meetings. Jeff Capps, Interim City Manager, provided a brief overview of the current COVID status with regards to opening meetings for in person citizen attendance. A majority of the Council directed staff to continue with Zoom Council Meetings while staff monitors COVID cases and return with options as the numbers decrease. Page 13 of 112 RT020521 Minutes Page 9 Mr. Capps presented information related to the posted and actual start times of Council meetings and requested a reconsideration of the start times due to an increasing number of items and late meetings. A majority of the Council directed staff to start the Workshop Meeting at 4:00 p.m., executive session following, and move the Regular Meeting from 6 p.m. to a 7 p.m. start time. Additionally, Council directed staff to review the items coming to each Council meeting and if staff sees the meetings will be lengthy, schedule a Special Meeting. 13. Presentation, discussion, and possible action regarding revisions to the Strategic Plan. (presented 7th) Bryan Woods, City Manager, requested Council provide feedback and revisions to the Strategic Plan. FY22 Strategic Initiatives (Proposed): Traffic Congestion Parks – co-production (volunteer support, nonprofit, for profit, etc.) Emphasis on buses; augment bus system; traffic congestion Neighborhoods – ability for neighborhoods to take action; some don’t fit the neighborhood description Address how we achieve “quality of life” amenities, including partnerships Economic Development – leakage, realizing all sales tax revenues Prioritize hospitality community to support tourism efforts Business Advisory Board TAMU/TAMUS – collaborative efforts Comp Plan – carry out study area analysis Volunteer Engagement Focus on living with COVID – safe gatherings, open meetings with protocols, finding ways to have safer gatherings Promoting the College Station Brand Amusement Park Having additional things to do, signature features (WPC water feature), venues for residents and visitors Development changes related to cul-de-sacs Demonstration area to incentivize redevelopment; protecting/enhancing what we have proactively. Utilizing existing resources for shorter-term impact; driving demand for future investments (mowing, urban forests and better utilizing publicly owned land) YMCA 14. Presentation, discussion, and possible action on a future meeting to follow up on strategic priorities. Item pulled no discussion. 15. Adjournment. Page 14 of 112 RT020521 Minutes Page 10 There being no further business, Mayor Mooney adjourned the Retreat Meeting of the College Station City Council at 3:58 p.m. on Friday, February 5, 2021. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 15 of 112 WKSHP021121 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP VIA TELECONFERENCE CITY OF COLLEGE STATION FEBRUARY 11, 2021 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell – arrive late Elizabeth Cunha John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Lisa McCracken, Records Management Administrator 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Mooney via Teleconference at 4:03 p.m. on Thursday, February 11, 2021, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.074-Personnel, the College Station City Council convened into Executive Session at 4:04 p.m. on February 11, 2021, in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas B.Consultation with attorney to receive legal advice; to wit: Page 16 of 112 WKSHP021121 Minutes Page 2 Legal advice regarding the process to acquire needed property for the State Highway 6 Phase 3 waterline project. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: City Manager Council Self-Evaluation Executive Session recessed at 5:23 p.m. 3. Reconvene from Executive Session and take action, if any. No vote or action was taken in Executive Session. 4. Presentation, possible action and discussion on items listed on the consent agenda. No discussion needed. 5. Workshop Agenda 5.1 Presentation, discussion, and possible action related to the benefits and disadvantages of holding local general elections in odd-numbered years. Carla Robinson, City Attorney, stated that on February 10, 2020, during the City Council’s regular meeting the Council directed the City Secretary and City Attorney to provide information at a future meeting regarding the benefits and disadvantages of holding local general elections in November of odd-numbered years. Benefits of local elections in odd-numbered years included and increased focus on local issues, potential lower campaign costs, possible reduction in partisan politics. The disadvantages observed for odd years were a substantially lower voter turnout, possible inconvenience to voters, increased election costs, and reconfiguring of the election schedule to make the move. As the result of a 2018 charter amendment, the City of College Station is currently transitioning from three-year council terms of office to four with elections held in November of even-numbered years rather than annually. Providing for general elections in odd- numbered years will require a special charter amendment election. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Maloney the City Council voted three (3) for and four (4) opposed, with Mayor Mooney and Councilmembers Harvell, Cunha, and Nichols voting against, directing staff to prepare language for Charter Amendment Election to move local general elections from even to odd-numbered years. The motion failed. 5.2. Presentation, discussion, and possible action regarding a proposed ordinance amendment to Chapter 40, "Utilities" Articles I and II of the Code of Ordinances of the City of College Station, Section 40-65, “Rates for Sewerage Service”, and amending Chapter 2 “Administration”, Art. V. “Finance”, Div. 2 “Fees, Rates and Charges” of the Code of Ordinances; to establish a wastewater rate surcharge for customers outside city limits. Stephen Maldonado, Assistant Director of Water Services Tech and Support Services, explained that the resolution in summary states that water and wastewater services will not be available to properties outside the City’s corporate limits without a petition for annexation for the subject properties. Additionally, the costs of utility extensions will be borne by the developer or owner. Page 17 of 112 WKSHP021121 Minutes Page 3 However, the policy also allows for exceptions, so that utility services may be provided outside the City limits or the City’s CCN in certain situations. Exceptions are allowed for three cases which are: other governmental agencies through interlocal agreements, the purpose of economic development, and health and safety reasons. Mr. Maldonado also stated that in the instances where Council approves an exception to annexation, the subject ordinance amendments would require a 50% surcharge to new sewer customers outside city limits. This is a common surcharge and the same surcharge applied to customers in BCMUD-1 known as Speedway MUD or Southern Point development. This surcharge will help offset the City’s cost of adding utility capacity to meet the demands of the development. These changes are necessary to meet operational costs and the demands of rapid growth. Council directed staff to move forward as presented and keep the Council updated in future meetings. 6. Council Calendar Council reviewed the calendar. 7. Discussion, review, and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Census Committee Group, Compensation and Benefits Committee, Comprehensive Plan Evaluation Committee, Experience Bryan- College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Operation Restart, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board.) Councilmember Harvell reported on meeting with city staff and citizens of McCollum Subdivision. 8. Adjournment There being no further business, Mayor Mooney adjourned the Workshop of the College Station City Council at 6:34 p.m. on Thursday, February 11, 2021. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 18 of 112 RM021121 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION FEBRUARY 11, 2021 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Lisa McCracken, Records Management Administrator 1.Call to Order and Announce a Quorum is Present and Pledge of Allegiance, Invocation, consider absence request. With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Mooney via Teleconference at 6:48 p.m. on Thursday, February 11, 2021, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2.Hear Visitors Comments Judy LeUnes, College Station, came before Council to request that a “humane pet store” ordinance to disincentivize inhumane pet breeding operations. Instead, she believes that local pet stores should source animals from rescues only. Fred Dupriest, College Station, came before Council to express his concerns regarding the collecting and publishing what he believes is misleading information on the Residential Occupancy Ordinance (ROO). 3.CONSENT AGENDA Page 19 of 112 RM021121 Minutes Page 2 3.1. Presentation, possible action, and discussion of minutes for: January 28, 2021 Workshop Meeting January 28, 2021 Regular Meeting 3.2. Presentation, discussion, and possible action regarding approval of a contract between the City of College Station and PowerGrid Services, LLC, for the construction of the Spring Creek Substation Ring Bus Modification in the amount of $2,372,512.63. PowerGrid Services, LLC bid the project for an amount of $2,372,512.63, plus the owner furnished material amount of $1,291,473, for a total bonded project requirement of $3,663,985.63. 3.3 Presentation, discussion, and possible action regarding adoption of Resolution No. 02-11- 21-3.3 granting consent to Rock Prairie Management District No. 2 for the sale and issuance of unlimited tax road bonds, series 2021, in an amount not to exceed $2,500,000. 3.4 Presentation, discussion, and possible action regarding the approval of the first renewal option of a contract with D.I.J. Construction Incorporated for annual pavement striping and markings services in an amount not to exceed $250,000. 3.5 Presentation, discussion, and possible action on an interlocal agreement between Brazos County, the City of College Station and the City of Bryan for the establishment and support of a COVID-19 vaccination HUB and to memorialize their commitment in equally sharing in the cost of supplies for the HUB with a maximum amount of $100,000. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Nichols the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. 4.REGULAR AGENDA 4.1 Presentation, discussion, and possible action regarding Ordinance No. 2021-4240 consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. Jeff Capps, Interim City Manager, stated that on February 8, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, and January 8, 2021. The conditions necessitating the declaration of a state of disaster and mayoral orders continue to exist. The Council needs to consent to and approve the Mayor's Disaster Declaration renewal. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2021- 4240, consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. The motion carried unanimously. Page 20 of 112 RM021121 Minutes Page 3 4.2 Presentation, discussion, and possible action regarding approval for a construction contract in the amount of $329,427.52 with Aggieland Construction CRC for the Lick Creek Hike & Bike Trail Head & Parking Lot project. Emily Fisher, Assistant Public Works Director, stated that this project will construct a parking lot and trail head near the Lick Creek Hike & Bike Trail. The project also includes an access road to Midtown Drive that will also serve as a driveway for the CSU substation located just west of the proposed parking lot. Mrs. Fisher explained that the project was bid via sealed bid proposal in November 2020, seven (7) sealed bids were submitted, and the lowest bidder was not selected. Staff determined that the lowest bidder was not the most responsible bidder for this project as stated in the Invitation to Bid #21-023 section 5.0i. Therefore, the second lowest responsible bidder was selected and the base bid was accepted. The project is proposed to begin in March 2021 and is contracted to take 180 days to complete. The budget in the amount of $427,188 and $4,292 is included for this project in the Streets and Electric Capital Projects Fund, respectively. A total of $88,328 has been expended or committed to date, leaving a balance of $343,152 in the total project budget for this construction contract and related costs. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to approve a construction contract in the amount of $329,427.52 with Aggieland Construction CRC for the Lick Creek Hike & Bike Trail Head & Parking Lot project and reject the lower bid as not responsible. The motion carried unanimously. 4.3 Presentation, discussion, and possible action regarding a request for support from LULAC Oak Hill Apartments, a supportive housing complex for the income-qualified elderly, for a full rehabilitation of the property, proposed costs, and potential funding source. Debbie Eller, Community Services Director, stated that the LULAC Oak Hill Apartments is a 49-unit apartment complex is located at 1105 Anderson Street in College Station. This property was developed approximately 40 years ago using funding from the U. S. Department of Housing and Urban Development Section 202 Supportive Housing for the Elderly program. Residency is restricted to households earning 50% of the Area Median Income (AMI) or less with at least one member of household being aged 62 years or older with tenants paying rent based on household income. The initial request was received from LULAC Oak Hill in May of 2020. Due to the significant workload for Community Development staff caused with the response to COVID-19, the evaluation of this request was delayed. An updated estimate of costs will be provided with the presentation. The property is owned by the same locally-based not-for-profit that initially conceived and developed the property in the early 1980's. LULAC Oak Hill has never undergone a substantial rehabilitation, and many of its components are now well beyond their useful life or in poor condition. A preliminary physical needs assessment was conducted, and a cost estimate of $2,100,000 was provided by a contractor that is experienced in multi-family renovations. Renovations could be funded through a combination of low-income tax credits and tax-exempt bonds funds, but this is an extremely expensive alternative due to the complexity of the financing. After discussions with Community Development staff regarding possible local alternatives, the Section 108 program was identified as a Page 21 of 112 RM021121 Minutes Page 4 possible source of funds to complete the rehabilitation. The Section 108 is a loan guarantee provision of the Community Development Block Grant (CDBG) program. It provides CDBG grantees with a source of financing for economic development, housing rehabilitation, public facilities, and other large-scale physical development projects. Staff will provide an overview of the proposed project, a summary of the Section 108 loan, time frame, potential risks, and request direction. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to approve a request for support from LULAC Oak Hill Apartments, a supportive housing complex for the income-qualified elderly, for a full rehabilitation of the property, proposed costs, and potential funding source. The motion carried unanimously. 5.Presentation, discussion, and possible action on future agenda items and review of standing list of Council generated agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Mayor Mooney requested information on restricting the sales of pets in the city limits. Councilmember Maloney requested information on branding to help distinguish College Station from neighboring communities. Councilmember Brick requested clarification on the definitions of the ROO. 6.Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 7:48 p.m. on Thursday, February 11, 2021. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 22 of 112 February 25, 2021 Item No. 3.2. Vos Transport LLC Franchise Agreement First Reading Sponsor:Donald Harmon, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on the first reading of a franchise agreement with Vos Transport LLC for the collection of demolition and construction debris, recyclables, and organic waste from commercial, industrial, and multifamily locations. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of this franchise agreement. Summary: The proposed agreement would allow Vos Transport LLC to collect demolition and construction debris, recyclables, and organic waste from commercial, industrial, and multifamily locations within the City limits of College Station. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Franchise agreement on file with the City Secretary's Office Page 23 of 112 1.Franchise agreement on file with the City Secretary’s Office Page 24 of 112 February 25, 2021 Item No. 3.3. Ratification and Approval of a Bio-Corridor Development Incentive Sponsor:Natalie Ruiz, Director of Economic Development Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on a resolution ratifying and approving an economic development incentive by the City of Bryan to a development in the bio- corridor project in accordance with the interlocal cooperation and joint development agreement between the cities of Bryan and College Station. Relationship to Strategic Goals: Good Governance Diverse & Growing Economy Recommendation(s): Staff recommend that Council ratify and approve the economic development incentive for the bio-corridor project. Summary: The City of Bryan has requested that College Station adopt a resolution ratifying and approving an economic development incentive by the City of Bryan to a proposed development with Bryan Commerce and Development, Inc., Bryan/Traditions LP, and Traditions Acquisition Partnership, LP in the bio-corridor in accordance with the interlocal agreement. The business plan for the Lake Walk Innovation Center (formerly the Nutrabolt Building) includes 47,935 sf of office/fitness space for the establishment of an accessible, visible, and strategically located storefront for innovation, entrepreneurship, invention, technology commercialization, and new venture creation. The goal is to create a world-class technical job creation factory that produces talent, opportunities, resources, and funding. Budget & Financial Summary: The 380 Agreement does not include any provision that would reduce the amount of ad valorem taxes assessed or collected in the bio-corridor project. Reviewed & Approved by Legal: No Attachments: 1.Lake Walk Innovation 380 Ratification Resolution CSFINAL Page 25 of 112 RESOLUTION NO. ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, RATIFYING AND APPROVING AN ECONOMIC DEVELOPMENT INCENTIVE BY THE CITY OF BRYAN TO A DEVELOPMENT IN THE BIO-CORRIDOR PROJECT IN ACCORDANCE WITH THE INTERLOCAL COOPERATION AND JOINT DEVELOPMENT AGREEMENT BETWEEN THE CITIES OF BRYAN AND COLLEGE STATION; AND PROVIDING AN EFFECTIVE DATE RECITALS WHEREAS, on November 24, 2020, a Chapter 380 Economic Development Agreement for Lake Walk Innovation Center (“380 Agreement”) was entered into by and between the City of Bryan, Texas, a home- rule municipal corporation (“Bryan”), Bryan Commerce and Development, Inc., a Texas local government corporation created by the City of Bryan pursuant to Chapter 431 of the Texas Transportation Code (“BCD”), Bryan/Traditions, LP, a Texas limited partnership (“Developer”), and Traditions Acquisition Partnership L.P., a Texas limited partnership (“TAP”); and WHEREAS, the 380 Agreement, a copy of which is attached to this Resolution as Exhibit “A”, included the recitations and affirmations similar to the following recitations concerning the nature of the economic development taking place at the Lake Walk Innovation Center; and WHEREAS, the Texas Constitution prohibits any city, or other political subdivision, from lending its credit or granting public money to any individual, association or corporation whatsoever without a valid public purpose for doing so, but the definition of public purpose specifically includes economic development and diversification, elimination of unemployment and underemployment, stimulation and growth of agriculture, and the expansion of state transportation and commerce; and WHEREAS, Chapter 380 of the Texas Local Government Code (“Chapter 380”) was passed to implement the provisions of Article III Section 52-a of the Texas Constitution; accordingly Chapter 380 permits the governing body of a municipality to establish and provide for the administration of one or more programs, to promote state or local economic development and to stimulate business and commercial activity within the city limits of the applicable municipality; and WHEREAS, Developer has acquired that certain parcel of land located at 3891 S. Traditions Dr., in the Bio-corridor Planned Development of Bryan, Texas, containing approximately 8 acres and its associated 47,000 plus square feet of building improvements, formerly known as the “Nutrabolt Building” (“Innovation Center”), as more particularly described in the 380 Agreement; and WHEREAS, on December 15, 2011, College Station and Bryan entered into that certain Interlocal Cooperation and Joint Development Agreement (“BioCorridor ILA”) which sets forth the understandings and obligations of College Station and Bryan with respect to certain infrastructure projects and a joint economic development program known as the Joint Research Valley BioCorridor Development Project (the “BioCorridor Project”); and Page 26 of 112 WHEREAS, the implementation of the 380 Agreement advances the purposes set forth in the BioCorridor ILA, evidenced in part by the following summary of the business plan for the Innovation Center: “The Lake Walk Innovation Center is an existing 47,935 s.f. office/fitness campus comprised of two buildings on a four-acre site plus an additional four acres of undeveloped land that was formerly the corporate headquarters of Nutrabolt. This existing corporate campus is the most architecturally striking building in Brazos County and is located within Lake Walk, a master planned community with corporate presence from FUJIFILM Diosynth Biotechnologies, iBio and ViaSat. A successful Public Private Partnership between the Bryan Commerce and Development, Inc.* and Traditions Acquisition Partnership has acquired the building in order to establish an easily accessible, visible and strategically located storefront for innovation, entrepreneurship, invention, technology commercialization and new venture creation. Primary users will be startups and early-stage companies in residence alongside a few technical-oriented local businesses in support of the early-stage companies. Corporations without permanent presence in the Brazos Valley will join as corporate members and provide access to capital and mentoring capabilities while they in turn mine the Innovation Center, Texas A&M and the region for talent and research. The goal is to create a world-class technical job creation factory that produces talent, opportunities, resources, and funding for companies looking to launch and grow in Texas.” WHEREAS, Developer is a Target Company as defined in the Biocorridor ILA; and WHEREAS, Article V. of the BioCorridor ILA requires that any economic development incentive to a development within the BioCorridor Project be approved in writing by the other city; and WHEREAS, the 380 Agreement does not include any provision that would reduce the amount of ad valorem taxes assessed or collected in the BioCorridor Project; and WHEREAS, Bryan has requested that College Station adopt a resolution ratifying and approving the 380 Agreement; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Part 1.Purpose Consistent with the BioCorridor ILA. a.That the Innovation Center Project is being developed to promote the collaboration of professionals from diverse disciplines who will be located in the Innovation Center Project to support the continued development of an international destination for education, research, development, commercialization and production of innovative technologies to improve global health. b.That the purposes of and plans for the Innovation Center Project are consistent with the BioCorridor Project. Part 2.Not Contrary to BioCorridor ILA and No Adverse Impact on Ad Valorem Taxes. Page 27 of 112 a.That the 380 Agreement as approved by the city of Bryan is not contrary to the terms of the BioCorridor ILA. b.That the 380 Agreement does not include any provision that would reduce the amount of ad valorem taxes assessed or collected in the BioCorridor Project. Part 3. That the City Council of the City of College Station does hereby ratify and approve the 380 Agreement. Part 4. That the City Council’s consent in this Resolution shall serve as written approval for the purposes of the Biocorridor ILA. Part 5.That this Resolution shall become effective immediately after passage and approval. ADOPTED this ____day of February, 2021. APPROVED:APPROVED AS TO FORM: _____________________________ _________________________ Karl Mooney, Mayor Carla Robinson, City Attorney ATTEST: ____________________________ City Secretary Page 28 of 112 February 25, 2021 Item No. 3.4. Janitorial Contract Sponsor:Donald Harmon, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on a two-year janitorial services contract with Andrews Building Service, Inc. for $465,011.10 for city facilities and the Northgate District. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approving contract 21300246 between the City of College Station and Andrews Building Service, Inc. in the amount of $465,011.10 for janitorial services for city facilities and the Northgate District. This amount reflects an initial two-year agreement. Summary: The City of College Station solicited Request for Proposal (RFP) #20-049 for Annual Janitorial Services for City Facilities and the Northgate District. Six companies responded to this RFP. Andrews Building Service, Inc. is recommended to be awarded the contract. This contract provides for daily cleaning tasks for general building and office cleaning; restroom, locker room and shower areas; and break rooms, eating areas and lounges. Weekly, monthly, quarterly and semi- annual cleaning tasks are also included. The original contract may be renewed for up to three (3) additional one (1) year terms [five (5) years total]. Budget & Financial Summary: Funds are available in the Facility Maintenance operating budget. Reviewed & Approved by Legal: No Attachments: 1.Contract on file with the City Secretary's Office Page 29 of 112 1.Contract on file with the City Secretary’s Office Page 30 of 112 February 25, 2021 Item No. 3.5. Intelligent Transportation System (ITS) Master Plan Contract Sponsor:Troy Rother, Senior Engineer Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a contract with Iteris Inc. for $357,920 purchasing services, equipment, and maintenance of hardware and software. Relationship to Strategic Goals: Core Services and Infrastructure Improving Mobility Recommendation(s): Staff recommends approval of the contract. Summary: This contract will update the traffic fiber map, develop a digital message sign manual for staff, upgrade the video management system software, and purchase more camera licenses so that cameras at newly installed traffic signals and the new ones to be installed with the FM 2818 project can be viewed in the Traffic Control Center. Budget & Financial Summary: The funding for this contract is budgeted and available in the ITS Master Plan (ST1501) project. Reviewed & Approved by Legal: No Attachments: 1.Contract on file with the City Secretary's Office Page 31 of 112 1.Contract on file with the City Secretary’s Office Page 32 of 112 February 25, 2021 Item No. 4.1. An ordinance vacating and abandoning 0.19 acre and 0.58 acre portions of 20-foot wide Public Utility Easements lying along Lots 1-4, of the Century Hill Development Subdivision, according to the plat recorded in Volume 7623, Page 231, of the Official Records of Brazos County, Texas. Sponsor:Alma Guerra Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating and abandoning 0.19 acre and 0.58 acre portions of 20-foot wide Public Utility Easements lying along Lots 1-4, of the Century Hill Development Subdivision, according to the plat recorded in Volume 7623, Page 231, of the Official Records of Brazos County, Texas. Relationship to Strategic Goals: Core Services & Infrastructure Recommendation(s): Staff recommends approval of the abandonment. Summary: The partial Public Utility Easement abandonments are proposed by the applicant to address site constraints recognized during redevelopment of the property. The portions of easements subject to abandonment are no longer necessary, as there is no public infrastructure within either easement. The remainder of the 20-foot wide Public Utility Easements are adequate to serve all existing public infrastructure. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Exhibit A 3.Vicinity Map 4.Location Map 5.Application Page 33 of 112 Ordinance Form 8-14-17 ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.19 ACRE PORTION OF A 20 FOOT PUBLIC UTILITY EASEMENT, SAID PORTION LYING ALONG LOTS 1 AND 2, OF THE CENTURY HILL DEVELOPMENT SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 7623, PAGE 231 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND A 0.58 ACRE PORTION OF A 20 FOOT PUBLIC UTILITY EASEMENT, SAID PORTION LYING ALONG LOTS 3 AND 4, OF THE CENTURY HILL DEVELOPMENT SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 7623, PAGE 231 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.19 acre portion of a 20 foot Public Utility Easement, said portion lying along Lots 1 and 2 of the Century Hill Development Subdivision, according to the plat recorded in Volume 7623, Page 231, of the Official Records of Brazos County, Texas, and a 0.58 acre portion of a 20 foot Public Utility Easement, said portion lying along Lots 3 and 4 of the Century Hill Development Subdivision, according to the plat recorded in Volume 7623, Page 231, of the Official Records of Brazos County, Texas, as described in Exhibit “A”, attached hereto (such portions hereinafter referred to as the “Easements”); and WHEREAS, in order for the Easements to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Easements described in Exhibit “A” attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Easements will not result in property that does not have access to public roadways or utilities. 2. There is no public need or use for the Easements. 3. There is no anticipated future public need or use for the Easements. 4. Abandonment of the Easements will not impact access for all public utilities to serve current and future customers. PART 2: That the Easements as described in Exhibit “A” be abandoned and vacated by the City. Page 34 of 112 ORDINANCE NO. ____________ Page 2 of 2 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this _______ day of _________________, 20__. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 35 of 112 Page 36 of 112 Page 37 of 112 Page 38 of 112 Page 39 of 112 Page 40 of 112 Page 41 of 112 Page 42 of 112 Page 43 of 112 Page 44 of 112 Page 45 of 112 Page 46 of 112 Page 47 of 112 Page 48 of 112 Page 49 of 112 Page 50 of 112 Page 51 of 112 Page 52 of 112 Page 53 of 112 Page 54 of 112 Application for Abandonment of a Public Right-of-Way / Easement Location: Century Hill Lots 1-4 EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above the standpoint of City of College Station ordinances and with respect to resent and future needs of the City of College Station and see no objection to the requested abandonment from the City’s standpoint. X City Engineer City of College Station X Building Official City of College Station X Zoning Official City of College Station X Fire Marshal City of College Station X Elecrtic Department City of College Station X Water Services Department City of College Station X Public Works Director City of College Station Page 55 of 112 Page 56 of 112 February 25, 2021 Item No. 4.2. Ordinance amending the Comprehensive Plan Future Land Use and Character Map from Suburban Commercial to Urban for approximately 10 acres, generally located at 1660 Graham Road. Sponsor:Rachel Lazo Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending the Comprehensive Plan Future Land Use and Character Map from Suburban Commercial to Urban for approximately 10 acres, generally located at 1660 Graham Road. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): The Planning and Zoning Commission heard this item at their October 1, 2020 meeting where they voted 3-1 to recommend approval. Staff also recommends approval of the request. Summary: The applicant is requesting an amendment to the Comprehensive Plan Future Land Use and Character Map from Suburban Commercial to Urban on approximately 10 acres located west of the existing International Leadership of Texas public charter school campus. This is in preparation for rezoning the property to multi-family to allow for additional residential options in the area. REVIEW CRITERIA: Changed or changing conditions in the subject area of the City: The subject property and properties to the north and east have a future land use designation of Suburban Commercial with Natural Areas Reserved along Lick Creek. The Suburban Commercial land use designation is generally for concentrations of commercial activities that cater primarily to nearby residents versus the larger community or region. Generally, these areas tend to be small in size and located adjacent to major roads (arterials and collectors). The design of structures is intended to be compatible with surrounding single-family residential neighborhoods. Institutional/Public is located to the north across Graham Road at the City of College Station’s Public Utilities site. The property to the northwest across Graham Road is designated as Medical Use with a small portion of Natural Areas Reserved along Lick Creek. Properties to the west and south have a General Suburban land use designation and are developed as residential properties within the Dove Crossing Subdivision. The subject property is adjacent to both the Medical District Master Plan area and the Spring Creek District, which is generally the area located along State Highway 6 near the Rock Prairie Road interchange and the Spring Creek Business Park. This area includes the major medical centers of Baylor Scott & White Medical Center, CHI St. Joseph Health College Station Hospital, as well as a number of other medical related facilities and a master planned, City-owned business park. The focus of development in this area should be linking current and future medical facilities into a Page 57 of 112 cohesive district which incorporates the natural features of Lick Creek and Spring Creek into the design of the district. The area near the intersection of Longmire and Graham Road has continued to grow with the development of the adjacent International Leadership of Texas (ILT) school to the east and an optometry office. Other uses in this area include, but not limited to parks, hospitals, commercial retail (banks, hotels, and grocery stores), public utilities, offices, and single-family residential. These variety of uses support a variety of housing types, however the area is primarily single-family detached homes. The Urban designation allows for an intense level of development activities and consists of townhomes, duplexes, and high-density apartments. An amendment to Urban would lay the foundation for providing a higher concentration of dwelling units located within walking distance to a school, grocery store, medical offices, and employment centers, which could ultimately lead to a more walkable pedestrian friendly neighborhood. Since the area was annexed in December of 1993, the Comprehensive Plan Future Land Use and Character Map has remained largely unchanged for this part of town. Compatibility with the existing uses, development patterns, and character of the immediate area concerned, the general area, and the City as a whole: The applicant is requesting an amendment to the Future Land Use and Character Map to Urban. The Urban designation is generally for areas that should have a very intense level of development activities. These areas will tend to consist of townhomes, duplexes, and high-density apartments. The property has an existing single-family home, and the adjacent property to the east is the ILT campus located on approximately 14.38 acres. To the south and west is the Dove Crossing Subdivision with an overall density of 4.23 dwelling units per acre. North across Graham Road, is approximately 47.43 acres owned by the City of College Station, some of which hosts the City of College Station’s fleet services and public utilities. A higher concentration of dwelling units per acre would support the nearby parks, commercial retail (banks, hotels, and grocery stores), offices, and the city’s medical corridor. Additionally, it would provide an appropriate transition and step down of the intensity of land uses from the commercially zoned areas along Rock Prairie and Highway 6, as you would go from medical facilities to a grocery store, hotel, school, this urban designation which would allow for a future multi-family development, and then the surrounding single-family detached homes. Impact on environmentally sensitive and natural areas: While the subject property is located nearby Lick Creek, there is no FEMA designated floodplain on the property. The applicant has stated that the subject property “will follow city codes and ordinances and will not have adverse impacts on the surrounding areas.” Impacts on infrastructure including water, wastewater, drainage, and the transportation network: This property was assumed as a Suburban Commercial land use within the City’s currently adopted Water and Wastewater Master Plans. The applicant provided City staff with anticipated demands for the Page 58 of 112 proposed Urban Future Land Use. These demands were loaded into the City’s water and wastewater models to determine if adequate capacity exists for the proposed higher density land use type. The results of the water distribution model scenario indicate that adequate domestic water capacity is available. However, the wastewater collection system model output demonstrated capacity concerns. Any near-term rezoning proposal to an urban intensity use would have to be carefully considered as further analysis shows significant downstream sanitary sewer system improvements would be required at the developer’s expense and would include upgrades to an existing lift station, as well as the upsizing of approximately 3,250 LF of sanitary sewer mains. However, there is an approved capital project that is expected to be completed within the next three to four years that will provide the necessary capacity for this higher land use type. The completion of this City funded CIP would eliminate the need for a developer to provide the currently identified downstream improvements. A traffic impact analysis (TIA) is not required with comprehensive plan amendments; however, the applicant’s application refers to a TIA being commissioned for an intended future rezoning if applicable. The proposed Urban amendment could create a higher density land use in an area that has experienced traffic issues during drop-off and pick-up times of the adjacent ILT school campus to the east. It is not uncommon however for queueing issues to exist around school sites during these times. Both Graham Road and Longmire Drive are designated and constructed to their Major Collector cross sections and a traffic signal was installed at their intersection by ILT. Based on the trip rate table provided in the UDO, future multi-family development could generate more trips per acre than the adjacent General Suburban uses (18.6 trips per acre vs. 8 trips per acre). It has the potential to actually generate fewer trips per acre than a Suburban Commercial zoning, which could have 40 trips per acre though there is much variability in commercial trip generation depending upon the end use. These rates are based on national averages and the actual resulting trip rate will depend upon the specific use developed. Consistency with the goals and strategies set forth in the Comprehensive Plan: Staff believes that the Urban designation is appropriate for this property as it would provide a higher concentration of dwelling units located within walking distance to a school (ILT campus), grocery store (Kroger), medical offices, and employment centers. The land use change would support more housing diversity in an area that is largely suburban, and it could provide professionals who work in the medical corridor more housing options near their places of employment. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Background Information 3.Vicinity Map, Aerial, Small Area Map 4.Applicant's Supporting Information 5.Comprehensive Plan Amendment Exhibit 6.Comprehensive Plan Map Page 59 of 112 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING THE COMPREHENSIVE PLAN – FUTURE LAND USE & CHARACTER MAP FROM SUBURBAN COMMERCIAL TO URBAN FOR APPROXIMATLEY 10 ACRES GENERALLY LOCATED AT 1660 GRAHAM ROAD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the “Comprehensive Plan of the City of College Station” is hereby amended by adding new Subsections “C.2.qq.” of Exhibit “A” thereto as set out in Exhibit “A” attached hereto and made a part hereof; and by amending the “Comprehensive Plan Future Land Use and Character Map,” as set out in Exhibit “B” attached hereto and made a part hereof for the identified area. PART 2:That if any provisions of any section of this Ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. PART 3:That this Ordinance shall take effect immediately from and after its passage. PASSED, ADOPTED and APPROVED this 25th day of February, 2021. ATTEST:APPROVED: ______________________________________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney Page 60 of 112 ORDINANCE NO. ___________Page 2 of 8 EXHIBIT A That Ordinance No. 3186 adopting the “Comprehensive Plan of the City of College Station” as amended, is hereby amended by adding new subsections “C.2.qq.” to Exhibit “A” of said plan for Exhibit “A” to read in its entirety as follows: “EXHIBIT ‘A’ A.Comprehensive Plan The College Station Comprehensive Plan (Ordinance 3186) is hereby adopted and consists of the following: 1.Introduction; 2.Community Character; 3.Neighborhood Integrity; 4.Economic Development; 5.Parks, Greenways & the Arts; 6.Transportation; 7.Municipal Services & Community Facilities; 8.Growth Management and Capacity; and 9.Implementation and Administration. B.Master Plans The following Master Plans are hereby adopted and made a part of the College Station Comprehensive Plan: 1.The Northgate Redevelopment Plan dated November 1996; 2.The Revised Wolf Pen Creek Master Plan dated 1998; 3.Northgate Redevelopment Implementation Plan dated July 2003; 4.East College Station Transportation Study dated May 2005; 5.Bicycle, Pedestrian, and Greenways Master Plan dated January 2010; 6.Central College Station Neighborhood Plan dated June 2010; 7.Eastgate Neighborhood Plan dated June 2011; 8.Parks, Recreation and Open Spaces Master Plan dated July 2011; 9.Southside Area Neighborhood Plan dated August 2012; 10.Medical District Master Plan dated October 2012; 11.Wellborn Community Plan dated April 2013; 12.Economic Development Master Plan dated May 2020; 13.South Knoll Area Neighborhood Plan dated September 2013; 14.The Water System Master Plan dated April 2017; and 15.The Wastewater System Master Plan dated April 2017. C.Miscellaneous Amendments The following miscellaneous amendments to the College Station Comprehensive Plan are as follows: Page 61 of 112 ORDINANCE NO. ___________Page 3 of 8 1.Text Amendments: a.Chapter 2 “Community Character,” “Growth Areas” by amending the text regarding Growth Area IV and Growth Area V – Ordinance 3376, dated October 2011. b.Chapter 6 “Transportation” by amending the text regarding Complete Streets, Context Sensitive Solutions, Minimum Length and Additional Right-of-Way for Turn Lanes at Intersections, and Right-of-Way for Utilities – Ordinance 3729, dated December 10, 2015. c.Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4 “Economic Development,” Chapter 5 “Parks, Greenways, and the Arts,” and Chapter 7 “Municipal Services and Community Facilities” by amending the text based on the recommendation of the Comprehensive Plan Five-Year Evaluation & Appraisal Report – Ordinance 3730 dated December 10, 2015. d.Chapter 8 “Growth Management & Capacity” by amending the text based on recommendations from the Annexation Task Force – Ordinance 3766, dated April 28, 2016. e.Chapter 1, Section 10; Chapter 5, Section 1; Chapter 5, Section 4; Chapter 8, Section 17; and Chapter 9, Section 3; by amending the text – Ordinance 3951, dated October 12, 2017. 2.Future Land Use and Character Map Amendment: a.301 Southwest Parkway – Ordinance 3255, dated July 2010. b.Richards Subdivision – Ordinance 3376, dated October 2011. c.Earl Rudder Freeway at University Oaks – Ordinance 3465, dated November 19, 2012 d.1600 University Drive East – Ordinance 3535, dated November 14, 2013. e.2560 Earl Rudder Freeway S. – Ordinance 3541, dated December 12, 2013. f.13913 FM 2154. – Ordinance 3546, dated January 9, 2014. g.2021 Harvey Mitchell Parkway – Ordinance 3549, dated January 23, 2014. h.1201 Norton Lane – Ordinance 3555, dated February 27, 2014. i.3715 Rock Prairie Road West – Ordinance 3596, dated August 25, 2014. j.4201 Rock Prairie Road – Ordinance 3670, dated July 9, 2015. k.The approximately 40 acres of land generally located east of FM 2154 (aka Wellborn Road), south of the Southern Trace Subdivision, west of State Highway 40 (aka William D. Fitch Parkway), and north of Westminster Subdivision – Ordinance 3731, dated December 10, 2015. l.The approximately 120 acres of land generally located south of Barron Cut-Off Road, west of WS Phillips Parkway, north of the Castlegate II Subdivision, and east of the Wellborn Community – Ordinance 3732, dated December 10, 2015. m.The approximately 900 acres of land generally located south of Greens Prairie Road West, east of the Sweetwater Subdivision, and north of Arrington Road – Ordinance 3733, dated December 10, 2015. Page 62 of 112 ORDINANCE NO. ___________Page 4 of 8 n.The approximately 17.788 acres of land generally located at the corner of Turkey Creek Road and Raymond Stotzer Parkway frontage road.– Ordinance 3752, dated March 10, 2016. o.The approximately 9 acres of land generally located north of the Crossroad Woods Subdivision near the intersection of Wellborn Road (FM 2154) and Greens Prairie Trail – Ordinance 3779, dated June 9, 2016 p.The approximately 16 acres located at 8607 Rock Prairie Road, generally located at the north of Rock Prairie Road and west of William D. Fitch Parkway – Ordinance 3794, dated August 11, 2016. q.The approximately 14.25 acres of land located at 2501 Earl Rudder Freeway South, generally located north of North Forest Parkway and south of Raintree Drive, along the east side of Earl Rudder Freeway South – Ordinance 3799, dated August 25, 2016. r.The approximately 7 acres of land located along the south side of State Highway 30, south of Veterans Memorial Park – Ordinance 3828, dated October 27, 2016. s.The approximately 58 acres of land generally located along the east side of State Highway 6 South, north of W.D. Fitch parkway and south of the future Pebble Creek Parkway extension –Ordinance 3830, dated October 27, 2016. t.The approximately 2 acres of land generally located on Corsair Circle north of Pavilion Avenue – Ordinance 3846, dated December 8, 2016. u.The approximately 18 acres of land generally located at the southeast corner of Sebesta Road and Earl Rudder Freeway frontage road – Ordinance 3848, dated December 8, 2016. v.The approximately 6 acres of land being situated in the Pooh’s Park Subdivision, Block 1, Lots 6-14 recorded in Volume 314, Page 618 of the deed records of Brazos County, Texas, located at 204, 206, 208, 210, 212, 214, 216, 218, and 220 Holleman Drive east, more generally southwest of the intersection of Holleman Drive East and Lassie Lane by – Ordinance 3850, dated January 12, 2017. w.The approximately 6.3 acres of land generally located northeast intersection of Copperfield Parkway and Crescent Pointe Parkway - Ordinance 3859, dated February 9, 2017. x.The approximately 11.3 acres of land generally located at the southeast intersection of Earl Rudder Freeway South and Emerald Parkway – Ordinance 3875, dated April 27, 2017. y.The approximately 232 acres of land generally located south of Rock Prairie Road - Ordinance 3877, dated April 27, 2017. z.The approximately 5.96 acres of land generally located in the northeast corner of Associates Avenue and Harvey Road intersection. – Ordinance 3879, dated April 27, 2017. aa.The approximately 4.74 acres of land generally located at the corner of Harvey Mitchell Parkway South and Raymond Stotzer Parkway – Ordinance 3882, dated May 11, 2017. bb.The approximately 3.2 acres of land generally located east of Copperfield Parkway and south of Harvey Road. – Ordinance 3884, dated May 11, 2017. Page 63 of 112 ORDINANCE NO. ___________Page 5 of 8 cc.The approximately 3.34 acres of land generally located north of Raintree Drive along Earl Rudder Freeway South – Ordinance 3901, dated July 27, 2017. dd.The approximately 12.5 acres generally located west of Earl Rudder Freeway South along Harvey Mitchell Parkway – Ordinance 3903, dated July 27, 2017. ee.Approximately 100 acres located along the east side of State Highway 6, south of The Business Park at College Station and north of the Texas World Speedway property- Ordinance 3906, dated July 27, 2017. ff.Approximately 1.7 acres of land being generally located at 12055 FM 2154 - Ordinance 3921, dated August 24, 2017. gg.Approximately 11 acres of land being generally located at 8822 Burgess Lane and near the east intersection of State Highway 47 and Raymond Stotzer Parkway – Ordinance 3965, dated December 14, 2017. hh.Approximately 29 acres of land being generally located at the west intersection of William D Fitch Parkway and Rock Prairie Road – Ordinance 3989, dated February 22, 2018. ii.Approximately 11.1 acres of land being generally located on the west side of Turkey Creek Road, approximately 500 feet south of HSC Parkway- Ordinance 4036, dated August 23, 2018. jj.Approximately 7.37 acres of land being generally located on the west side of FM2154, approximately 500 feet south of Barron Cut-Off Road – Ordinance 4066, dated January 10, 2019. kk.Approximately 13 acres of land being generally located at 1402 and 1404 Bird Pond Road – Ordinance 4090, dated April 25, 2019. ll.Approximately 1.3 acres of land being generally located generally located southwest of the intersection of Greens Prairie Road West and White’s Creek Lane – Ordinance 4103, dated June 27, 2019. mm.Approximately 8.7 acres of land generally located at 2709 Texas Avenue South – Ordinance 4121, dated September 12, 2019. nn.Approximately 1.3 acres of land generally located at 3030 University Drive East – Ordinance 4122, dated September 12, 2019. oo.Approximately 2.3 acres of land generally located on the south side of Harvey Mitchell Parkway South, approximately 80 feet east of the intersection with Dartmouth Street- Ordinance 4137, dated November 14, 2019. pp.Approximately 1.8 acres of land generally located at 12925 & 12965 FM 2154, - Ordinance 4145, dated December 10, 2019. qq.Approximately 10 acres of land generally located at 1660 Graham Road - This Ordinance, dated February 25, 2021. 3.Concept Map Amendment: a.Growth Area IV – Ordinance 3376, dated October 2011. b.Growth Area V – Ordinance 3376, dated October 2011. Page 64 of 112 ORDINANCE NO. ___________Page 6 of 8 4.Thoroughfare Map Amendment: a.Raintree Drive – Ordinance 3375, dated October 2011. b.Birkdale Drive – Ordinance 3375, dated October 2011. c.Corsair Circle – Ordinance 3375, dated October 2011. d.Deacon Drive – Ordinance 3375, dated October 2011. e.Dartmouth Drive – Ordinance 3375, dated October 2011. f.Farm to Market 60 – Ordinance 3375, dated October 2011. g.Southwest Parkway – Ordinance 3375, dated October 2011. h.Cain Road extension –Ordinance 3639, dated February 26, 2015. i.Update to Chapter 6 Maps- Ordinance 3729, dated December 10, 2015. j.South College Station Mobility Study – Ordinance 3827, dated October 27, 2016. k.Pavilion Avenue extension --Ordinance 3885, dated May 11, 2017. l.Future Minor Collector realigned to Harpers Ferry Road along Arrington Road – Ordinance 3949, dated October 12, 2017. m.2017 Thoroughfare Plan update to Map 6.6 – Ordinance 3962, dated November 20, 2017. n.Thousand Oaks Ranch area- Ordinance 4174, dated May 14, 2020. 5.Bicycle, Pedestrian and Greenways Master Plan Amendment: a.Cain Road extension – Ordinance 3639, dated February 26, 2015 b.Update to Maps 5.4 and 5.5-- Ordinance 3729, dated December 10, 2015. c.South College Station Mobility Study – Ordinance 3827, dated October 27, 2016. d.Update to Maps 5.4 and 5.5 – Ordinance 3877, dated April 27, 2017. e.2017 Thoroughfare Plan update to Maps 5.4 and 5.5 – Ordinance 3962, dated November 20, 2017. f.2018 Bicycle, Pedestrian, and Greenways Master Plan Update to Maps 5.4, 5.5, 7.1, 7.2, 7.3, and 7.4 –Ordinance 4009, dated May 14, 2018. 6.Parks and Recreation Master Plan Amendment: a.Update to Map B/College Station Neighborhood Park Zone, to Map C/College Station Community Park Zone Map and to the text of Section 2 “Current Conditions and Trends,” subsection “Park Land,” paragraph five relating to said maps- Ordinance 3951, dated October 12, 2017. 7.Community and Neighborhood Plan Amendment: a.Eastgate Neighborhood Plan, Chapter 1 - Community Character, “Site Development Area 1 – Lincoln Avenue” – Ordinance 3956, dated November 9, 2017. D.General 1.Conflict. All parts of the College Station Comprehensive Plan and any amendments thereto shall be harmonized where possible to give effect to all. Only in the event of an irreconcilable conflict shall the later adopted ordinance prevail and then only to the extent necessary to avoid Page 65 of 112 ORDINANCE NO. ___________Page 7 of 8 such conflict. Ordinances adopted at the same city council meeting without reference to another such ordinance shall be harmonized, if possible, so that effect may be given to each. 2.Purpose. The Comprehensive Plan is to be used as a guide for growth and development for the entire City and its extra-territorial jurisdiction (“ETJ”). The College Station Comprehensive Plan depicts generalized locations of proposed future land-uses, including thoroughfares, bikeways, pedestrian ways, parks, greenways, and waterlines that are subject to modification by the City to fit local conditions and budget constraints. 3.General nature of Future Land Use and Character. The College Station Comprehensive Plan, in particular the Future Land Use and Character Map found in A.3 above and any adopted amendments thereto, shall not be nor considered a zoning map, shall not constitute zoning regulations or establish zoning boundaries and shall not be site or parcel specific but shall be used to illustrate generalized locations. 4.General nature of College Station Comprehensive Plan. The College Station Comprehensive Plan, including the Thoroughfare Plan, Bicycle, Pedestrian, and Greenways Master Plan, Central College Station Neighborhood Plan, Water System Master Plan and any additions, amendments, master plans and subcategories thereto depict same in generalized terms including future locations; and are subject to modifications by the City to fit local conditions, budget constraints, cost participation, and right-of-way availability that warrant further refinement as development occurs. Linear routes such as bikeways, greenways, thoroughfares, pedestrian ways, waterlines and sewer lines that are a part of the College Station Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the Plan without being considered an amendment thereto. 5.Reference. The term College Station Comprehensive Plan includes all of the above in its entirety as if presented in full herein, and as same may from time to time be amended.” Page 66 of 112 ORDINANCE NO. ___________Page 8 of 8 EXHIBIT B That the “Comprehensive Plan of the City of College Station” is hereby amended by amending a portion of the map titled “Map 2.2-Future Land Use & Character” of Chapter 2 –Community Character” from Suburban Commercial to Urban shown as follows: Page 67 of 112 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: October 1, 2020 Advertised Council Hearing Date: February 25, 2021 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: Dove Crossing and Bridle Gate HOAs Property owner notices mailed: None Contacts in support: None at the time of this report Contacts in opposition: None at the time of this report Inquiry contacts: None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Graham Rd. (2-Land Major Collector) N/A Graham Rd. (2-Land Major Collector) South General Suburban General Suburban Single-family Residential East Suburban Commercial Rural Public Facility (ILT School) West General Suburban General Suburban Single-family Residential DEVELOPMENT HISTORY Annexation: 1993 Zoning: A-O Agricultural Open upon annexation A-O Agricultural Open renamed to R Rural in 2013 Final Plat: Unplatted Site development: Undeveloped Page 68 of 112 Page 69 of 112 Page 70 of 112 Page 71 of 112 1660 Graham Road Land Use Plan Amendment 1. What specific element of the Comprehensive Plan (for example, Land Use & Character designation, Thoroughfare Plan Context Class, or thoroughfare alignment) and at what specific location (if applicable) is requested to be amended? Land Use Plan Amendment at 1660 Graham Road 2. Please list the amendment(s) requested. We request to amend the Land Use Plan from Suburban Commercial to Urban. 3. Please explain the reason for the amendment(s). We intend to provide a high-end multi-family residential option for young professionals who are employed in the medical district and other surrounding businesses who do not wish to live in apartments marketed for students. There is currently no multi-family option in this area who wish to live close and even within walking distance to these professional industries. This development will provide a housing option that is needed and lacking in this area. 4. Please explain the changed or changing conditions in the subject area of the City. In recent years, sewer capacity has been a concern for allowing more dense development. The City is currently planned for improvements to the area wastewater system which would be able to accommodate a multi-family development. If necessary, the developer is willing to make such improvements ahead of the City’s schedule. Additionally, increased traffic has been a concern, especially at the Longmire Drive and Graham Road intersection. A traffic light was installed in July 2018 improving the safety and efficiency of traffic at the intersection. 5. Please show the compatibility with the existing uses, development patterns, and character of the immediate area concerned, the general area, and the city as a whole. Multi-family residential at this location would serve as a transition from the single-family residences to the more intense school and office uses, and is better suited as a 10-acre tract adjacent to a single-family neighborhood. Ten acres of suburban commercial does not have a “neighborhood commercial” feel. For comparison, Cinemark, including all of the parking up to the highway, is 9.93 acres. Suburban commercial is better suited for a smaller lot. This multi-family option will not have the bed/bath parity or other features commonly associated with purpose-built student housing. It is intended for young professionals, graduate students, and the like. Additionally, there are a number of land uses in the immediate area that have created a mixed-use feel. Adding market rate multi-family residences would contribute to the diverse nature of the area and provide housing for a sector of the market that currently doesn’t exist. 6. Please list any impacts on environmentally sensitive and natural areas. Page 72 of 112 This property does not have any environmentally sensitive areas. All development will follow City codes and ordinances and will not have adverse impacts on surrounding areas. 7. List any impacts on infrastructure, including water, wastewater, drainage and transportation network. Water is sufficient in this area. Any negative impact to wastewater capacity will be mitigated through improvements by either the City Capital Improvement Program or by the applicant based upon timing. Drainage would have no impact because of required compliance with the Unified Development Ordinance. A traffic impact analysis is being commissioned for the rezoning of this property. The applicant is willing to make the necessary improvements as directed by the TIA to comply with the Unified Development Ordinance. 8. Explain consistency with the goals and strategies set forth in the Comprehensive Plan. Being a part of the Area II: Spring Creek District in the Comprehensive Plan, the plan states that “districts and corridors exhibit opportunities for a mix of uses with an emphasis on walkability and the potential for a unique focus.” We believe providing a market rate multifamily housing option would contribute to the mixed-use and walkable feel of this district and meet the housing needs of young professionals. Page 73 of 112 HERRING MARY ELIZABETHA005401, R STEVENSON (ICL), TRACT 42Acres: 10.0Current Zoning: RuralCurrent Land Use: Suburban Commerical2345678910111213141516171819202122232425126GRAHAM RDBIRMINGHAM RDHERRING MARY ELIZABETHA005401, R STEVENSON (ICL), TRACT 42Acres: 10.0Current Zoning: RuralCurrent Land Use: Suburban CommericalHERRING MARY ELIZABETHA005401, R STEVENSON (ICL), TRACT 42Acres: 10.0Proposed Zoning: RuralProposed Land Use: Urban2345678910111213141516171819202122232425126GRAHAM RDBIRMINGHAM RDEXISTINGPROPOSEDVICINITY MAPSITENOTE: This site does not lie within the100-year floodplain boundary perFEMA's Flood Insurance Rate Mappanels 48041C0310F, Effective date:April 2, 2014.Page 74 of 112 Page 75 of 112 February 25, 2021 Item No. 4.3. SH 6 Waterline Project Ph 3 - Resolution - Tortuga Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution determining that an easement containing 0.0761 acres of land, and a temporary construction easement containing 0.0799 acres is needed to be acquired from Tortuga 3209, a Texas Joint Venture, for the construction, operation, maintenance, inspection, replacement, and removal of one or more public utility lines and other public infrastructure as part of State Highway 6 waterline, phase 3 project for the City of College Station, Texas; and authorizing the institution of eminent domain proceedings. Relationship to Strategic Goals: - Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: City staff has negotiated the purchase or dedication of easements from 17 of the 20 parcels needed for the State Highway 6 Waterline, Phase 3 project. The project will install an 18- inch and 20-inch waterline along the SH 6 frontage road to just north of Woodcreek Drive to north of Emerald Plaza. This resolution authorizes eminent domain proceedings for the needed public utility easement and temporary construction easement from one of the remaining three parcels, owned by Tortuga 3209. Budget & Financial Summary: n/a Reviewed & Approved by Legal: No Attachments: 1.Tortuga 3209- Resolution with Exhibits Page 76 of 112 Page 1 of 3 RESOLUTION NO. ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING THAT AN EASEMENT CONTAINING 0.0761 ACRES OF LAND, AND A TEMPORARY CONSTRUCTION EASEMENT CONTAINING 0.0799 ACRES, IS NEEDED TO BE ACQUIRED FROM TORTUGA 3209, A TEXAS JOINT VENTURE, FOR THE CONSTRUCTION, OPERATION, MAINTENANCE, INSPECTION, REPLACEMENT, AND REMOVAL OF ONE OR MORE PUBLIC UTILITY LINES AND OTHER PUBLIC INFRASTRUCTURE AS PART OF STATE HIGHWAY 6 WATERLINE, PHASE 3 PROJECT FOR THE CITY OF COLLEGE STATION, TEXAS; AND AUTHORIZING THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS. * * * * * WHEREAS, the City Council of the City of College Station now finds and determines that public convenience and necessity requires the City of College Station to acquire an easement over and across tracts of land containing 0.0761, acres together with a temporary construction easement containing approximately 0.0799 acres, for the construction, operation, maintenance, inspection, replacement, and removal of one or more public utility lines and other public infrastructure in the City of College Station , Texas, a more specific description of said 0.0761 acre easement is attached hereto as Exhibit “A” and made a part hereof, and a more specific description of s aid 0.0799 acre temporary construction easement is attached hereto as Exhibit “B” and made a part hereof (collectively the “Land”); and WHEREAS, the City of College Station , through its duly authorized representatives, has negotiated with the owners of the Land for the purchase of same for the purpose stated herein and has been unable to agree with such owners as to the fair cash market value thereof and damages, if any; and Page 77 of 112 Page 2 of 3 WHEREAS, the City Council of the City of College Station has authorized the City Manager or his designee to make a n offer to the owners of the Land for the purchase of same based upon its appraised value, and such offer has been made and the owner has refused to accept such final offer; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1 . The facts and recitals set forth in the preamble of this resolution are hereby found to be true and correct. Section 2 . The City Council of the City of College Station finds that a bona fide offer has been made by duly authorized representatives of the City for the acquisition of an easement and temporary construction easement over and across the herein described Land, and that said offer was not accepted, and that the only way for the City of College Station to acquire such interests in said Land is through the filing of eminent domain proceedings. Section 3 . The City Council hereby finds and determines that a public use and necessity exists for the City of College Station to construct, operate, maintain, inspect, replace, and remove one or more public utility lines and other public infrastructure purposes as part of the State Highway 6 Waterline, Phase 3 Project, and to acquire the necessary property rights in the 0.0761 acre tract of land , and a 0.0761 acre temporary construction easement, deemed necessary for expansion of the State Highway 6 Waterline, Phase 3 Project, as allowed by law, together with all necessary appurtenances, additions and improvements on, over, under, and through those certain lots, tracts or parcels of land. Section 4 . The final offer heretofore made to the owner for the purchase of the Land is in all things hereby ratified and confirmed. Page 78 of 112 Page 3 of 3 Section 5 . The City Attorney, or her designee, is hereby authorized to bring eminent domain proceedings on behalf of the City of College Station under applicable provisions of law, whether provided by §251.001 of the Texas Local Government Code, as amended, Chapter 21 of the Texas Property Code, or by any other provision of law, against the owner or owners of the Land, to-wit: Tortuga 3209, a Texas Joint Venture or against the real and true owner, owners, claimant, or claimants if Tortuga 3209, a Texas Joint Venture is said not to be the owner of the Land. PASSED, APPROVED, AND RESOLVED this ____ day of ________________, 2021. ____________________________________ Karl Mooney Mayor ATTEST: Tanya D. Smith City Secretary APPROVED AS TO FORM: Carla A. Robinson City Attorne y Page 79 of 112 Exhibit A Page 80 of 112 City of College Station Morgan Rector SurveyTortuga 3209, Tract Abstract No. 4620-FootWide (0.0761 Acre)Permanent EasementSTATE OF TEXAS §COUNTS OF BRAZOS §A METES AND BOUNDS description of a certain 0.0761 acre 20-foot wide permanent easement, out ofthe Morgan Rector Survey, Abstract No. 46, Brazos County, Texas, being a portion of Lot 1R, Block 1 ofT.J. Addition Re-plat, recorded in Volume 7107, Page 230 of the Official Public Records of Brazos County,Texas (OPRBC), conveyed to Tortuga 3209, as described in an Assumption Warranty Deed recorded inVolume 13534, Page 267 of the OPRBC, and being more particularly described as follows with all bearingsbeing based on the Texas Coordinate System of 1983, Central Zone,4203;COMMENCING at a found 1/2-inch iron rod marking the south comer of said Lot 1R, Block 1 ofT.J. AdditionRe-Plat, being in the east right-of-way line of State Highway 6 (Variable Width Right-of-way) and being inthe northwest right-of-way line of Sebesta Road (called 60 foot wide Right-of-way);THENCE North 07°20'32" West, 217.69 feet along said east right-of-way line of State Highway 6 to a found"X" in concrete marking a northerly west corner of said Lot 1R, Block 1 of TJ. Addition Re-Plat, beingcommon with a south corner of Lot 1R, Block 1 of C.S.L of Texas, Inc. Addition Re-plat, recorded in Volume7107, Page 230 of the OPRBC;THENCE North 60°33'14W East, 10.79 feet along the common line of said Lot 1R, Block 1 ofT.J. AdditionRe-Plat and said Lot 1R, Block 1 of C.S.L of Texas Addition Re-Plat to a point marking the POINT OFBEGINNING and northwest corner of the herein described subject tract, from which a College Station GPSmonument "marked College Station Mon. 129, established in 1994" bears North 01W35// West, 2256.57feet;THENCE North 60°33'14" East, 21.59 feet continuing along said common line to a point-for-corner;THENCE over and across said Lot 1R, Block 1, of T.J. Addition Re-Plat, the following three (3) courses anddistances:1. South 07°20'32" East, 169.87 feet to a point-for-corner;2. South 82°39'28" West, 20.00 feet to a point-for-corner;3. North 07°20'32" West, 161.75 feet to the POINT OF BEGINNING, CONTAINING 0.0761 acres,3316 square feet of land in College Station, Brazos County, Texas, as shown on Drawing No.1860V3 filed in the office of Jones | Carter, Inc., in College Station, Texas.s%O.F^i^Pt^ECHRISTOPHEfl E CURTtSIIC;-??0.611.'^-^^%^s^'dc^"^'^Page 81 of 112 LINE L1 L2 L3^ BEARING N 60-33'U" E N 60-33'14" E S 82-39'28" W DISTANCE 10.79' 21.59' 20.00' Surveyor Note: City of College Station GPS Monument # 129 Bears North 01'04'35" West - 2256.57 feet from P.O.B. FO6 FO FO NORTH SCALE: 1" =20' 6"G(D); POC Found 6"G(D) ,"G(D) ^ Found "X" in concrete -^ N 072^2 ^f^Sj LOT 1R. BLOCK 1 C.S.L OF TEXAS. INC.ADDITION RE-PLAT WL 7107. PG. 230 OPRBC 20-FOOT WIDE EASEMENT 0.0761 ACRES 3316 SQ FT CM-L£D.^SEW¥sSSDw^ VOL. 2097.\ LESENfi;CHW DRBC ECB EM GA GEN MLB OPRBC PGPOBPOCPPCSQ FTTCM7LVTPDVOLWM CONCRETE HEADWALLDEED RECORDS OFBRAZOS COUNTYELECTRIC CONTROL BOXELECTRIC METERGUY ANCHOR GENERATORMAIL BOXOFFICIAL PUBLIC RECORDS OFBRAZOS COUNTf PAGEPOINT OF BEGINNINGPOINT OF COMMENCINGPOWER POLE WITH DOWN CONDUIT SQUARE FEETTELEPHONE CABLE MARKERTELEPHONE VAULTTELEPHONE PEDESTAL VOLUMEWATER METER POINT FOR CORNER UNLESS OTHERWISE NOTED -PSE FO REMAINDER OF . ••'••• ,r 20' EASEMENT CITf OF COLLEGE STATION VOL. 418. PG. 440 DRBC (10d)ADJOINER LINE EASEMENT LINE UNDERGROND 6" GAS (SUE LEVEL D) 12-INCH WATER LINE (ASBESTOS CEMENT PIPE) PAINT STRIPE ELECTRIC OVERHEAD POWER UNDERGROUND FIBER UNDERGROUND TELECOMMUNICATIONS TWWGA 3209 VOL 13534. PG. 267 OPRBCLOT iR. BLOCK 1 T.d. ADDITION RE-PLAT VOL. 7107, PG. 230 OPRBC 6"G(D) 12"W AC -PSE- FO ASPHALT CONCRETE LANDSCAPE JDNES|CARTER Texas Board of Professional Engineers and Land Surveying Firm Registration No. 10046107 & F-439 150 Venture Drive, Suite 100 • College Station, Texas 77845 •979.731.8000 EXHIBIT OF CHY OF COLLEGE STATION, TORTUGA 3209, TRACT BEING A 20-FOOT WIDE (0.0761 ACRE) PERMANENT EASEMENT BEING A PORTION OF LOT 1R, BLOCK 1 TJ. ADDITION RE-PLAT OUT OF THE MORGAN RECTOR SURVEY, A-46 CITY OF COLLEGE STATION BRAZOS COUNTY, TEXAS OCTOBER 2020 SHEET 1 OF 2 CEC/wre/kas JOB No. C0008-0024 [)^G NO. 1860 V3 Page 82 of 112 GENERAL NOTES: 1. Separate legal description of this Permanent Easement and Temporary Construction Easement was prepared along with this exhibit. 2. Bearings shown hereon are based on Texas Coordinate System, Central Zone 4203 (NAD 83). 3. Reference was made to Title Commitment by Stewart Title Guaranty Company, countersigned by Lawyers Title Company of Brazos County, with an issue date of September 14, 2020 and an effective date of September 7, 2020 with a GF No. S38836. No additional research for easements or encumbrances was performed by Jones &; Carter, Inc. 10(a) 10 utility easement across front of lot, and 10 utility easement across rear of lot, portion of a 38 X 25' private access easement along west property line, as set out on plat recorded in Volume 7107, Page 230, Official Public Records of Brazos County, Texas. The 10' utility easement across rear of lot does not affect the subject tract, 10 utility easement across front of lot and the portion of a 38' X 25 private access easement along west property line do affect the subject tract and are shown hereon. 10(b) Blanket Pipeline Easement executed by John Krolczyk to Humble Pipe Line Company, dated July 22, 1919, recorded in Volume 49, Page 24, Deed Records of Brazos County, Texas. This easement does affect the subject tract as a blanket easement. 10(c) Blanket Electrical Easement executed by Frank Barak to City of Bryan, dated April 17, 1937, recorded in Volume 98, Page 76, Deed Records of Brazos County, Texas. This easement does affect the subject tract as a blanket easement, being a 20 wide easement as constructed. 10(d) 10' Easement executed by Jo Ann Atkins to City of College Station, dated February 16, 1979, recorded in Volume 418, Page 440, Deed Records of Brazos County, Texas. This easement does affect the subject tract and is shown hereon. 10(e) Right of- Way Easement executed by JABR, Inc. to City of College Station, dated January 10, 1992, recorded in Volume 1407, Page 308, Official Records of Brazos County, Texas, This easement does affect the subject tract and is shown hereon. 10(f) Right of Way Easement executed by JABR, Inc. to GTE Southwest, Inc., dated February 28, 1994, recorded in Volume 2097, Page 154, Official Records of Brazos County, Texas. This easement does affect the subject tract and is shown hereon. 10(h—l,n) These items mention oil, gas and mineral leases and mineral and/or royalty reservations. Mineral and/or royalty reservations and oil, gas, and mineral leases are outside the scope of services and therefore these items were not reviewed. 4. The square footage totals as shown hereon are based on the mathematical closure of the courses and distances reflected on this survey. It does not include the tolerances that may be present due to position accuracy of the boundary monuments shown hereon. OF"^^•L^^y^sr^'/-^y^y^ LCHR'STOPHER E CURTISl •\^ 6111 ^./^i6?^^O'R'^S JlC JONES CARTER Texas Board of Professional Engineers and Land Surveying Firm Registration No. 10046107 & F-439 150 Venture Drive, Suite 100 • College Station, Texas 77845 •979.731.8000 EXHIBIT OF C\TV OF COLLEGE STATION, TORTUGA 3209, TRACT BEING A 20-FOOT WIDE (0.0761 ACRE) PERMANENT EASEMENT BEING A PORTION OF LOT 1R, BLOCK 1 TJ. ADDITION RE-PLAT OUT OF THE MORGAN RECTOR SURVEY, A-46 CITY OF COLLEGE STATION BRAZOS COUNFf, TEXAS OCTOBER 2020 SHEET 2 OF 2 CEC/wre/kas JOB No. C0008-0024 DWG No. 1860 VJPage 83 of 112 Exhibit B Page 84 of 112 City of College Station Morgan Rector SurveyTortuga 3209, Tract Abstract No. 4620-FootWide (0.0799 acre) Temporary ConstructionEasementSTATE OF TEXAS §COUNTY OF BRAZOS §A METES AND BOUNDS description of a certain 0.0799 acre 20-foot wide temporary constructioneasement, out of the Morgan Rector Survey, Abstract No. 46, Brazos County, Texas, being a portion of Lot1R, Block 1 ofT.J. Addition Re-plat, recorded in Volume 7107, Page 230 of the Official Public Records ofBrazos County^ Texas (OPRBC), conveyed to Tortuga 3209, as described in an Assumption Warranty Deedrecorded in Volume 13534, Page 267 of the OPRBC, and being more particularly described as follows withall bearings being based on the Texas Coordinate System of 1983, Central Zone, 4203;COMMENCING at a found 1/2-inch iron rod marking the south comer of said Lot 1R, Block 1 ofT.J. AdditionRe-Plat, being in the east right-of-way line of State Highway 6 (Variable Width Right-of-way) and being inthe northwest right-of-way line of Sebesta Road (called 60 foot wide Right-of-way);THENCE North 07°20'32" West, 217.69 feet along said east right-of-way line of State Highway 6 to a found"X" in concrete marking a northerly west comer of said Lot 1R, Block 1 of TJ. Addition Re-Plat, beingcommon with a south corner of Lot 1R, Block 1 of C.S.L. of Texas, Inc. Addition Re-plat, recorded in Volume7107, Page 230 of the OPRBC;THENCE North 60°33'14W East, 32.38 feet along the common line of said Lot 1R, Block 1 of T.J. AdditionRe-Plat and said Lot 1R, Block 1 of C.S.L of Texas Addition Re-Plat to a point marking the POINT OFBEGINNING and northwest corner of the herein described subject tract, from which a College Station GPSmonument "marked College Station Mon. 129, established in 1994" bears North 01°33/39// West, 2246.39feet;THENCE North 60°33'14" East, 21.59 feet continuing along said common line to a point-for-corner;THENCE over and across said Lot 1R, Block 1, of T.J. Addition Re-Plat, the following three (3) courses anddistances:1. South 07°20'32" East, 178.00 feet to a point-for-corner;2. South 82°39'28" West, 20.00 feet to a point-for-corner;3. North 07°20'32" West, 169.87 feet to the POINT OF BEGINNING, CONTAINING 0.0799 acres,3479 square feet of land in College Station, Brazos County, Texas, as shown on Drawing No.1861V3 filed in the office of Jones | Carter, Inc., in College Station, Texas.%^h..r?2y^^w^.^^'^^^^SCHRSSTOPHEfl E CURTISI^o^ssto^°^^s'ssPage 85 of 112 LINEu L2 L3 BD\RINGN 60-33'14" ^ N 60-33'14" E S 82-39'28" W DISTANCE 32.38' 21.59' 20.00' Surveyor Note: City of College Station GPS Monument # 129 Bears North Or33'39" West - 2246.39 feet from P.O.B.NORTH SCALE: 1" ==20' G( POC Found 1/2" Iron Rod ^^r^^:-^w::. C^D.34E^ST-F3r-WA^~ "CITY. OF C^%'^ -OPRBC^oc'^s' -^Jffi-- CHW ^ ^f^ LOT 1R. BLOCK 1 CS.L OF TEXAS. INC. ADDITION RE-PLAT VOL 7107. PG. 230 OPRBC \ \^ LEGEblO;CHW^ CONCRETE HEADWALLDRBC DEED RECORDS OFBRAZOS COUNT)'ECB ELECTRIC CONTROL BOX EM ELECTRIC METER GA GUY ANCHOR GEN GENERATOR MLB MAIL BOXOPRBC OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTf PG PAGEPOB POINT OF BEGINNINGPOC POINT OF COMMENCINGPPC POWER POLE WITH DOWN CONDUIT SQ FT SQUARE FEET TCM TELEPHONE CABLE MARKER TLV TELEPHONE VAULT TPD TELEPHONE PEDESTAL VOL VOLUME WM WATER METER 0 - POINT FOR CORNER UNLESS OTHERWISE NOTED REMAINDER OF 20' EASEMENT CITf OF COLLEGE STATION VOL. 418, PG. 440 DRBC(100) -— ADJOINER LINE EASEMENT LINE 20-FOOT WIDE TEMPORARY EASEMENT 0.0799 ACRES 3479 SQ FT TORTUGA 3209 VOL 13534, PG. 267 OPRBCLOT iR. BLOCK 1T.J. ADDITION RE-PLAT WL. 7107. PG. 230 OPRBC 6"G(D) 12"W AC -PSE--PSE- FO FO UNDERGROND 6" GAS (SUE LEVEL D) 12-INCH WATER LINE (ASBESTOS CEMENT PIPE) PAINT STRIPE ELECTRIC OVERHEAD POWER UNDERGROUND FIBER UNDERGROUND TELECOMMUNICATIONS ASPHALT CONCRETE LANDSCAPE EXHIBIT OF CHV OF COLLEGE STATION, TORTUGA 3209, TRACT BEING A 20-FOOT WIDE (0.0799 ACRE) TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF LOT 1R, BLOCK 1 TJ. ADDITION RE-PLATCARTER OUT OF THE MORGAN RECTOR SURVEY, A-46 Texas Board of Professional Engineers and Land Surveying CITY OF COLLEGE STATION Firm Registration No, 10046107 &F-439 BRAZOS COUNTY, TEXAS 150 Venture Drive, Suite 100 • College Station, Texas 77845 •979.731.8000 OCTOBER 2020 SHEET 1 OF 2 CEC/wre/kas JOB No. C0008-0024 DWG NO. 1861 KJPage 86 of 112 GENERAL NOTES: 1. Separate legal description of this Permanent Easement and Temporary Construction Easement was prepared along with this exhibit. 2. Bearings shown hereon are based on Texas Coordinate System, Central Zone 4203 (NAD 83). 3. Reference was made to Title Commitment by Stewart Title Guaranty Company, countersigned by Lawyers Title Company of Brazos County, with an issue date of September 14, 2020 and an effective date of September 7, 2020 with a GF No. S38836. No additional research for easements or encumbrances was performed by Jones &: Carter, Inc. 10(a) 10' utility easement across front of lot, and 10' utility easement across rear of lot, portion of a 38' X 25' private access easement along west property line, as set out on plat recorded in Volume 7107, Page 230, Official Public Records of Brazos County, Texas. The 10' utility easement across rear of lot does not affect the subject tract, 10' utility easement across front of lot and the portion of a 38' X 25' private access easement along west property line do affect the subject tract and are shown hereon. 10(b) Blanket Pipeline Easement executed by John Krolczyk to Humble Pipe Line Company, dated July 22, 1919, recorded in Volume 49, Page 24, Deed Records of Brazos County, Texas. This easement does affect the subject tract as a blanket easement. 10(c) Blanket Electrical Easement executed by Frank Barak to City of Bryan, dated April 17, 1937, recorded in Volume 98, Page 76, Deed Records of Brazos County, Texas. This easement does affect the subject tract as a blanket easement, being a 20' wide easement as constructed. 10(d) 10' Easement executed by Jo Ann Atkins to City of College Station, dated February 16, 1979, recorded in Volume 418, Page 440, Deed Records of Brazos County, Texas. This easement does affect the subject tract and is shown hereon. 10(e) Right of Way Easement executed by JABR, Inc. to City of College Station, dated January 10, 1992, recorded in Volume 1407, Page 308, Official Records of Brazos County, Texas. This easement does affect the subject tract and is shown hereon. 10(f) Right of Way Easement executed by JABR, Inc. to GTE Southwest, Inc., dated February 28, 1994, recorded in Volume 2097, Page 154, Official Records of Brazos County, Texas. This easement does affect the subject tract and is shown hereon. 10(h—l,n) These items mention oil, gas and mineral leases and mineral and/or royalty reservations. Mineral and/or royalty reservations and oil, gas, and mineral leases are outside the scope of services and therefore these items were not reviewed. 4. The square footage totals as shown hereon are based on the mathematical closure of the courses and distances reflected on this survey. It does not include the tolerances that may be present due to position accuracy of the boundary monuments shown hereon. C^&P/0^ J 1C EXHIBIT OF CITlf OF COLLEGE STATION, TORTUGA 3209, TRACT BEING A 20-FOOT WIDE (0.0799 ACRE) TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF LOT 1R, BLOCK 1 JONESICARTER JJ- ADNT,T»RE-PLAT MORGAN RECTOR SURVEY, A-46 CITf OF COLLEGE STATIONTexas Board of Professional Engineers and Land Surveying Firm Registration No. 10046107 & F-439 150 Venture Drive, Suite 100 • College Station, Texas 77845 •979.731.8000 BRAZOS COUNTY, TEXAS OCTOBER 2020 SHEET 2 OF 2 CEC/wre/kas JOB No. C0008-0024 DWG NO. 1861 V3Page 87 of 112 February 25, 2021 Item No. 4.4. SH 6 Waterline Project Ph 3 - Resolution – Brazos RE Investors LLC Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution determining that an easement containing 1.092 acres of land, and a temporary construction easement containing 0.541 acres is needed to be acquired from Brazos RE Investors Group, LLC, a Texas Limited Liability Company, for the construction, operation, maintenance, inspection, replacement, and removal of one or more public utility lines and other public infrastructure as part of State Highway 6 waterline, phase 3 project for the City of College Station, Texas; and authorizing the institution of eminent domain proceedings. Relationship to Strategic Goals: - Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: City staff has negotiated the purchase or dedication of easements from 17 of the 20 parcels needed for the State HIghway 6 Waterline, Phase 3 project. The project will install an 18- inch and 20-inch waterline along the SH 6 frontage road to just north of Woodcreek Drive to north of Emerald Plaza. This resolution authorizes eminent domain proceedings for the needed public utility easement and temporary construction easement from one of the three remaining parcels, owned by Brazos RE Investors, LLC. Budget & Financial Summary: n/a Reviewed & Approved by Legal: No Attachments: 1.Brazos RE Investors Group, LLC- Resolution with Exhibits Page 88 of 112 Page 1 of 3 RESOLUTION NO. ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING THAT AN EASEMENT CONTAINING 1.092 ACRES OF LAND, AND A TEMPORARY CONSTRUCTION EASEMENT CONTAINING 0.541 ACRES, IS NEEDED TO BE ACQUIRED FROM BRAZOS RE INVESTORS GROUP, LLC, A TEXAS LIMITED LIABILITY COMPANY, FOR THE CONSTRUCTION, OPERATION, MAINTENANCE, INSPECTION, REPLACEMENT, AND REMOVAL OF ONE OR MORE PUBLIC UTILITY LINES AND OTHER PUBLIC INFRASTRUCTURE AS PART OF STATE HIGHWAY 6 WATERLINE, PHASE 3 PROJECT FOR THE CITY OF COLLEGE STATION, TEXAS; AND AUTHORIZING THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS. * * * * * WHEREAS, the City Council of the City of College Station now finds and determines that public convenience and necess ity requires the City of College Station to acquire an easement over and across tracts of land containing 1.092, acres together with a temporary construction easement containing approximately 0.541 acres, for the construction, operation, maintenance, inspe ction, replacement, and removal of one or more public utility lines and other public infrastructure in the City of College Station , Texas, a more specific description of said 1.092 acre easement is attached hereto as Exhibit “A” and made a part hereof, and a more specific description of said 0.541 acre temporary construction easement is attached hereto as Exhibit “B” and made a part hereof (collectively the “Land”); and WHEREAS, the City of College Station , through its duly authorized representatives, has negotiated with the owners of the Land for the purchase of same for the purpose stated herein and has been unable to agree with such owners as to the fair cash market value thereof and damages, if any; and Page 89 of 112 Page 2 of 3 WHEREAS, the City Council of the City of College Station has authorized the City Manager or his designee to make a n offer to the owners of the Land for the purchase of same based upon its appraised value, and such offer has been made and the owner has refused to accept such final offer; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1 . The facts and recitals set forth in the preamble of this resolution are hereby found to be true and correct. Section 2 . The City Council of the City of College St ation finds that a bona fide offer has been made by duly authorized representatives of the City for the acquisition of an easement and temporary construction easement over and across the herein described Land, and that said offer was not accepted, and that the only way for the City of College Station to acquire such interests in said Land is through the filing of eminent domain proceedings. Section 3 . The City Council hereby finds and determines that a public use and necessity exists for the City of College Station to construct, operate, maintain, inspect, replace, and remove one or more public utility lines and other public infrastructure purposes as part of the State Highway 6 Waterline, Phase 3 Project, and to acquire the necessary property rights in the 1.092 acre tract of land, and a 0.541 acre temporary construction easement, deemed necessary for expansion of the State Highway 6 Waterline, Phase 3 Project, as allowed by law, together with all necessary appurtenances, additions and improvements on, over, under, and through those certain lots, tracts or parcels of land. Section 4 . The final offer heretofore made to the owner for the purchase of the Land is in all things hereby ratified and confirmed. Page 90 of 112 Page 3 of 3 Section 5 . The City Attorney, or her designe e, is hereby authorized to bring eminent domain proceedings on behalf of the City of College Station under applicable provisions of law, whether provided by §251.001 of the Texas Local Government Code, as amended, Chapter 21 of the Texas Property Code, or by any other provision of law, against the owner or owners of the Land, to-wit: Brazos RE Investors Group, LLC, a Texas limited liability company or against the real and true owner, owners, claimant, or claimants if Brazos RE Investors Group, LLC, a Texas limited liability company is said not to be the owner of the Land. PASSED, APPROVED, AND RESOLVED this ____ day of ________________, 2021. ____________________________________ Karl Mooney Mayor ATTEST: Tanya D. Smith City Secretary APPROVED AS TO FORM: Carla A. Robinson City Attorney Page 91 of 112 EXHIBIT A Page 92 of 112 LINEuL2BEARING"N 6T02'48W-TS 41'59'09" WDISTANCE40.00'41.46'Surveyor Note:City of College Station GPS Monument # 129Bears North 12'49'18" West - 5077.46 "feet from P.O.B.050STATE HIGHWAY No. 6(VARIABLE WIDTH ROW)60NORTHSCALE: 1" = J^/20' WIDE RIGHT-OF-WAY EASEMENTCIPi' OF BRYANVOL. 429, PG. 226 DRBCVOL 2057, PG. 301 OPRBC(10d)POB'Found1/2" iron rod (with\cap stamped "GLS")FO — FO •N 32'46'00=^^An£<;DX====^-6-lG-CDJrrr^---6-uw-^^--5' GUY EASEMENTCITY OF BRYANVOL. 1009, PG. 458 ORBC(1 Oh)40-FOOT WIDE EASEMENT1.092 ACRES47,573 SQ FT10' EASEMENTENSERCH CORPORATIONVOL. 559, PG. 414 DRBC(10e)20' EASEMENTBRYAN TEXAS UTILITIES (BTU)VOL. 16120, PG. 45 DR'BC(10t)10' TREE TRIM EASEMENTCITY OF BRYANVOL. 1009. PG. 458 ORBC(1 Oh)15' PUBLIC UTIUFfEASEMENTVOL. 6347, PG. 139 OPRBCLEQEHJ2;CDSDRBCECBFHFNDGAGENORBCOPRBCPFCPGPOBPPCPUERCPSQ FTTCMTLVTPDVOLWMwvXPLOT 1, BLOCK 1OUR SAVOUR'SLUTHERAN CHURCHVOL. 6347, PG. fSS OPRBCCONCRETE DITCH STRUCTUREDEED RECORDS OFBRAZOS COUNTfELECTRIC CONTROL BOXFIRE HYDRANTFOUNDGUY ANCHORGENERATOROmCIAL RECORDS OFBRAZOS COUNTYOFFICIAL PUBLIC RECORDS OFBRAZOS COUNTfPOINT FOR CORNERPAGEPOINT OF BEGINNINGPOWER POLE WITH DOWN CONDUITPUBLIC UTILJTT EASEMENTREINFORCED CONCRETE PIPESQUARE FEETTELEPHONE CABLE MARKERTELEPHONE VAULTTELEPHONE PEDESTALVOLUMEWATER METERWATER VALVEEXPOSED PIPEPOINT FOR CORNER UNLESS OTHERWISE NOTEDBRAZOS RE INVESTOR'S GROUP. LLCCALLED 18.905 ACRESSPECIAL WARRANTY DEED M7HVENDOR'S UENVOL. 9801. PG. 1 OPRBC3"G(D).4"G(B)-6"G(D)8"W PVC12"W AC&1Sl-PSE-FO-PSE-FOUNDERGROUND 3" GAS (SUE LEVEL D)UNDERGROUND 4" GAS (SUE LEVEL B)UNDERGROUND 6" GAS (SUE LEVEL D)8-INCH WATER LINE (PVC)12-INCH WATER LINE (ASBESTOS CEMENTPAINT STRIPE ELECTRICOVERHEAD POWERUNDERGROUND FIBERUNDERGROUND TELECOMMUNICATIONSASPHALTBRICK PAYERSCONCRETELANDSCAPEJO N ES|CARTERTexas Board of Professional Land Surveying Firm Registration No. 100461-07150 Venture Drive, Suite 100 • College Station, Texas 77845* 979.731.8000EXHIBITOFCITY OF COLLEGE STATIONBRAZOS RE INVESTOR'S GROUP, LLC TRACTBEING A40-FOOT WIDE (1.092 ACRE)PERMANENT EASEMENTBEING A PORTION OFA CALLED 18.905 AC. Tr.OUT OF THEMORGAN RECTOR SURVEY, A-46CITY OF COLLEGE STATIONBRAZOS COUNTY, TEXASJULY 2020 SHEET 1 OF 4CEC/wre JOB No. C0008-0024 DWG NO. 1895 v4Page 93 of 112 03060NORTHSCALE: 1" = 30'LdFoundTxDO T Righ t-of- WayMonument Broken'^s~?rZ^^^F^^^-^TO"^-F:0-N 28*54'14" W 521.12>F=W?+~N 32-46t00" W ^-674.99'^AS^-—V— —————— \-—WG7EEASEMENTENSERCH CORPORATIONVOL 559, PG. 414 DRBC(10e)TRIM EASEMENTCITY OF BRYANVOL. 1009. PG. 458 ORBC(1 Oh)EASEMENT1.092 ACRES47,573 SQ FT20' EASEMENTBRYAN TEXAS UTILITIES (BTU)VOL. 16120, PG. 45 DRBCdot)20' WIDE RIGHT-OF-WAY EASEMENTCITf OF BRYANVOL. 429, PG. 226 DRBCVOL. 2057, PG. 301 OPRBC(10d)51CM5ssS 32-46W E 662.74'BRAZOS RE INVESTOR'S GROUP. LLCCALLED 18.905 ACRESSPECIAL WARRANFf DEED MTHSNOOP'S UENML 9801, PG. f OPRBCS 28-54'U" E 519.80'»0]JONESJCARTERTexas Board of Professional Land Surveying Firm Registration No. 100461-07150 Venture Drive, Suite 100 • College Station, Texas 77845« 979.731.8000EXHIBITOFCITY OF COLLEGE STATIONBRAZOS RE INVESTOR'S GROUP, LLC TRACTBEING A40-FOOT WIDE (1.092 ACRE)PERMANENT EASEMENTBEING A PORTION OFA CALLED 18.905 AC. Tr.OUT OF THEMORGAN RECTOR SURVEY, A-46CITY OF COLLEGE STATIONBRAZOS COUNTY, TEXASJULY 2020 SHEET 2 OF 4CEC/wre JOB No. C0008-0024 QWG NO. 1895 v4Page 94 of 112 UNEL1L2BEARING.N 6r02'48" ES 41'59'09" WDISTANCE40.00'41.46'05060NORTHSCALE: 1" = 30'p0 _p_ po^ _—ii--TO-—i-u-—T'cr^^^^64E^^C^5i)=r:^:^_^^±6_"^^^CMs5>v ......^ '55 MPH'CDS24' RCP-_£0_-^_i^-^^-FQ--^^-^-^--TCT--EQ^^O~--FO^W'-F^^FOFOFOFOFOFO— FFO— FOFOFO.FOFOFOFOFOFound1/2" iron rod (withcap stamped"McCLure")ru — f-U — FO-Wr=-S^G(.^-TCM^"rea^-N 28-54*14" W 521.12'B_c^__ro___6:pp""••••^GA10' TREE TRIM EASEMENTCITT OF BRYANVOL. 1009, PG. 458 ORBC(1 Oh)20'" WIDE" RIGHT-OF-WAY EASEMENTCITY OF BRYANVOL. 429, PG. 226 DRBCVOL. 2057. PG. 301 OPRBC(10d)m ^£&=^^-^^^^^^^^-^^^^TCM-FO——FeS"G(D)-OffOHPS 28-54'14" E 519.80'^40-FOOT WIDE EASEMENT1.092 ACRES47,573 SQ FT20' EASEMENTBRYAN TEXAS UTILITIES (BTU)VOL. 16120. PG. 45 DRBCOOt)BRAZOS RE INVESTOR'S GROUP. LLCCAUJED 18.905 ACRESSPEC/AL WARRANTY DEED M7HVENDOR'S UENVOL. 9801, PG. I OPRBCBRAZOS RE INVESTOR'S GROUP. LLCCALLED 1.045 ACRESSPECIAL WARRANTY DEED WITHVENDOR'S UENVOL. 9801. P& 1 OPRBCVOL. 3085, PG. 307 OPRBCWL 2602. PG. 147 OPRBCBRAZOS RE INVESTOR'S GROUP, LLC TRACT "°"EXHIBITOFC\Tf OF COLLEGE STATIONJlCJDNES|CARTERTexas Board of Professional Land Surveying Firm Registration No. 100461-07150 Venture Drive, Suite 100 • College Station, Texas 77845* 979.731.8000BEING A40-FOOT WIDE (1.092 ACRE)PERMANENT EASEMENTBEING A PORTION OFA CALLED 18.905 AC. Tr.OUT OF THEMORGAN RECTOR SURVEY. A-46CITf OF COLLEGE STATIONBRAZOS COUNTY, TEXASJULY 2020SHEET 3 OF 4CEC/wre JOB No. C0008-0024 DWG NO. 1895 v4Page 95 of 112 GENERAL NOTES:1. A legal description of this Permanent Easement and a Temporary Construction Easement was prepared on October 31, 2018.2, Bearings shown hereon are based on Texas Coordinate System, Central Zone 4203 (NAD 83).3. Reference was made to Title Commitment by Alamo Title Insurance Company, countersigned by Lawyers Title Company of Brazos County, with an issue date of July 13, 2020, and an effective date of July 6, 2020 with a GF No.S38837. No additionalresearch for easements or encumbrances was performed by Jones & Carter/ Inc.lOd) Easement executed by Philip W. Ljungdahl and William C. Atkinson/ of East By- Pass Development Group to City of Bryan, Texas, dated July 23, 1979, recorded in Volume 429, Page 226, Deed Records; Assignment of Utility Easement datedFebruary 28,1994, recorded in Volume 2057, Page 301, Official Records/ all being of Brazos County, Texas. This easement does affect the subject tract and is shown hereon.lOe) Easement executed by Philip W. Ljungdahl, Michael G. Shoup, James R. Whatley, William C. Atkinson, and Robert Bower, Jr., to Ensearch Corporation, dated January 10,1983, recorded in Volume 559, Page 414, Deed Records of BrazosCounty, Texas. (Tract Two). This easement does affect the subject tract and is shown hereon.lOf) Easement executed by Robert Bower, Jr./ Individually; Patricia Ljungdahl, Individually; William C. Atkinson, Individually; Michael G. Shoup, Individually; James R. Whatley, Individually, d/b/a East By-Pass Development Group, a Texasjoint venture, East By-Pass Development Group, to City of College Station, dated May 12, 1998, recorded in Volume 3209, Page 93, Official Records of Brazos County, Texas. (Tract Two). This easement does not affect the subject tract.lOh) Easement executed by East By-Pass Development Group - Philip W. Ljungdahl, and William C. Atkinson to the City of Bryan, dated March 4, 1987, recorded in Volume 1009, Page 458, Official Public Records of Brazos County, Texas.This easement does affect the subject tract and is shown hereon.lOt) Right of Way Easement executed by Brazos RE Investors Group, LLC to the City of Bryan dba "Bryan Texas Utilities", dated October 30, 2018, recorded in Volume 16120, Page 45, Official Public Records of Brazos County, Texas.This easement does affect the subject tract and is shown hereon.4. The square footage totals as shown hereon are based on the mathematical closure of the courses and distances reflected on this survey. It does not include the tolerances that may be present due to position accuracy of the boundary monumentsshown hereon.5. This easement based on survey performed in October of 2018.JlCJONESCARTERTexas Board of Professional Land Surveying Firm Registration No. 100461-07150 Venture Drive, Suite 100 • College Station, Texas 77845* 979.731.8000EXHIBITOFCHV OF COLLEGE STATIONBRAZOS RE INVESTOR'S GROUP, LLC TRACTBEING A40-FOOT WIDE (1.092 ACRE)PERMANENT EASEMENTBEING A PORTION OFA CALLED 18.905 AC. Tr.OUT OF THEMORGAN RECTOR SURVEY, A-46CITY OF COLLEGE STATIONBRAZOS COUNTY, TEXASJULY 2020 SHEET 4 OF 4CEC/wre JOB No. C0008-0024 DWG NO. 1895 v4Page 96 of 112 EXHIBIT B Page 97 of 112 UNE L1 L2£iL4" BEARING N 6r02'48w-E' S_4r59'09" W N 41-59'09" E S 6r02'48" W DISTANCE 20.00' 20.73' 41,46' 40,00'STATE HIGHWAY No. 6 (VARIABLE WIDTH ROW\ Surveyor Note: City of College Station GPS Monument # 129 Bears North 13'12'21" West - 5053.68 feet from P.O.B. 0 30 NORTH SCALE: 1" = 30'20' WIDE RIGHT-OF-WAY EASEMENTGin OF BRYAN VOL. 429, PG. 226 DRBC VOL. 2057, PG. 301 OPRBC POC 'Found 1/2" iron rod (with \cap stamped "GLS") •^^:^»^^^===^=^-!?g_^Lro—To 5' GUY EASEMENT —^—t^pA40::FOOrwiDE-EASEMENT Cm OF BRYAN VOL. 1009, PG. 458 ORBC (10g) 10' TREE TRIM EASEMENT CITf OF BRYAN VOL. 1009, PG. 458 ORBC (10g) 10- EASEMENT ENSERCH CORPORATION VOL. 559, PG. 414 DRBC •(10e)N 32'46'00t> W 662.74*15' PUBLIC UTILinEASEMENT VOL. 6347, PC. 139 OPRBC(1 Oh) BRAZOS RE IN\e5WR'S GROUP, U.CCALLS} 18.905 ACRESSPECIAL WARRANTf DEED WITH VENDOR'S UEN VOL 9801, PG. f OPRBC LOT 1, BLOW f OUR SA VIOUR'SLUTHERAN CHURCH \^ ' \ VOL. 6347, PG. 186 OPRBC CDS CONCRETE DITCH STRUCTUREDRBCDEED RECORDS OF BRAZOS COUNFf ECB ELECTRIC CONTROL BOX ":„.SV PRE HYDRANT - "" — 4' FND FOUND BA GUY ANCHOR GEN GENERATOR ORBCOmCIAL RECORDS OF BRAZOS COUNTl' OPRBC OFnCIAL PUBLIC RECORDS OF —PSE—PSE BRAZOS COUNn 6"G(D) 8"W PVC 12"W AC FOPFC POINT FOR CORNERPG PAGE POB POINT OF BEGINNINGPPC POWER POLE WITH DOWN CONDUITPUE PUBLIC UT1UTI- EASEMENT RCP REINFORCED CONCRETE PIPESQ FT SQUARE FEET TCM TELEPHONE CABLE MARKER7LV TELEPHONE VAULT TPD TELEPHONE PEDESTAL VOL VOLUME WM WATER METER WV WATER VALVE XP EXPOSED PIPE POINT FOR CORNER UNLESS OTHERWISE NOTED FO UNDERGROUND 3" GAS (SUE LEVEL D) UNDERGROUND 4" GAS (SUE LEVEL B) UNDERGROUND 6" GAS (SUE LEVEL D) 8-INCH WATER LINE (PVC) 12-INCH WATER LINE (ASBESTOS CEMENT PIPE) PAINT STRIPE ELECTRIC OVERHEAD POWER UNDERGROUND FIBER UNDERGROUND TELECOMMUNICATIONS ASPHALT BRICK PAYERS CONCRETE LANDSCAPE •JONESlCARTER Texas Board of Professional Land Surveying Firm Registration No. 100461-07 150 Venture Drive, Suite 100 • College Station, Texas 77845* 979.731.8000 20-FOOT WIDE TEMPORARY EASEMENT 0.541 ACRES 23,583 SQ FT'^zz— -—— - ——' EXHIBIT CHY OF COLLEGE STATION BRAZOS RE INVESTOR'S GROUP, LLC TRACT BEING A 20-FOOT WIDE (0.541 ACRE) TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF A CALLED 18.905 AC. Tr. OUT OF THE MORGAN RECTOR SURVEY, A-46 CITY OF COLLEGE STATION BRAZOS COUNTY, TEXAS MARCH 2020 SHEET 1 OF 4 JEJ/wre JOB No. C0008-0024 DWG NO. 1896 v3Page 98 of 112 0 30 NORTH SCALE: 1" = 30' Found TxDOT Right-of-Way Monument BrokenNGPM/A ^GA^w-^'te:^ ZCb-mn. __-------------------------------------------------:------^-_r^-To-=^-ro-=^w;^'•(t(®)——Fe 6ie(Js)FO — FO •FO-—FO—ro^ -?1-15-===—TO ~N^^-—\.— —————— -7Q^S 20' WIDE RIGHT-OF-WAY EASEMENTCITY OF BRYAN VOL. 429, PG. 226 DRBC VOL. 2057, PG. 301 OPRBC(10d) EASEMENT ENSERCH CORPORATION VOL. 559, PG. 414 DRBC (10e) 40^FOOrWIDT'EASEMENT10' TREE TRIM EASEMENTCITi' OF BRYAN VOL. 1009, PG. 458 ORBC(10g)N 32'46'00" W 662.74' BRAZOS RE INVESTOR'S GROUP. LLCCALLED 18.905 ACRESSPEQAL WARRANTY DEED WITH VENDOR'S UEN Wi.. 9801, PC. > OPRBC 20-FOOT WIDE TEMPORARY EASEMENT 0.541 ACRES 23,583 SQ FT N_28'54'14" W 519.80' Ns's3^ S 28'54'U" E 519.14' NBi n|Blil JIC EXHIBIT OFCIPf OF COLLEGE STATION BRAZOS RE INVESTOR'S GROUP, LLC TRACT BEING A 20-FOOT WIDE (0.541 ACRE) TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF A CALLED 18.905 AC. Tr. •J ON E S JCARTER ^Q^^ RECTOR "SURVEY. A-46 Texas Board of Professional Land Surveying Firm Registration No, 100461-07 CITY OF COLLEGE STATION 150 Venture Drive, Suite 100'College Station, Texas 77845* 979.731,8000 BRAZOS COUNPl', TEXAS MARCH 2020 SHEET 2 OF 4 JEJ/wre JOB No, C0008-0024 DWG NO. 1896 v3Page 99 of 112 0 30 60 CDS 0 NORTH SCALE: 1" = 30' \\ a J^-^-^-J^^^-^^^W^^^-F^-^-^^^-T^-^-^-^-^J^^^c^ff^Gt=^^:^2°^^:^^_^^J£AL -<k"..... ^==pp :>GA TIT N|BlII nB 40-FOOT WIDE-EASEMENT 7W 20' WIDE RIGHT-OF-WAY EASEMENTCin OF BRYAN VOL. 429, PG. 226 DRBC VOL. 2057, PG. 301 OPRBC (10d) 20-FOOT WIDE TEMPORARY EASEMENT 0.541 ACRES 23,583 SQ R- FO FO FO FO FO FO FO Found 1/2" iron rod (with cap stamped "McCLure") ro— po— FO— FO— FO ^^ss^^g^iO-.^^Q,^^^^^^^^ Uf- TCM TCM —Uf 7W 10' TREE TRIM EASEMENTCIT/ OF BRYAN VOL. 1009, PG. 458 ORBC (10g) -^N 28'54'U" W 519.80' S 28'54'U" E 519.14' BRAZOS RE INVESTOR'S GROUP, LLCCALLED 18.90S ACRESSPEOAL WARRANTS DEED WJH VENDOR'S UEN VOL. 9801, P& I OPRBC BRAZOS RE INVESTOR'S GROUP, U.C CALLED 1.04S ACRESSPECIAL WARRANTf DEED W7H VENDOR'S UEN VOL. 9801, PG. I OPRBC VOL. JOBS, PG. 307 OPRBCVOL. 2602, P& 147 OPRBC BRAZOS RE INVESTOR'S GROUP. LLC TRACT fto9) BEING A EXHIBIT OFCVTV OF COLLEGE STATION (JlC •JDN ES|CARTER Texas Board of Professional Land Surveying Firm Registration No. 100461-07 150 Venture Drive, Suite 100 • College Station, Texas 77845' 979.731.8000 20-FOOT WIDE (0.541 ACRE) TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF A CALLED 18.905 AC. Tr. OUT OF THE MORGAN RECTOR SURVEY, A-46 CITY OF COLLEGE STATION BRAZOS COUNTC. TEXAS MARCH 2020 SHEET 3 OF 4 JEJ/wre JOB No. C0008-0024 DWG NO. 1896 v3Page 100 of 112 GENERAL NOTES; 1. Separate legal description of this Permanent Easement and Temporary Construction Easement was prepared along with this exhibit. 2. Bearings shown hereon are based on Texas Coordinate System, Central Zone 4203 (NAD 83). 3. Reference was made to Title Commitment by Alamo Title Insurance Company, countersigned by Lawyers Title Company of Brazos County, with an issue date of September 22, 2017, and an effective date of September 11, 2017 with a GF No. S38837. No additional research for easements or encumbrances was performed by Jones & Carter, Inc. lOc) Easement executed by Lowsa Kulak to City of Bryan, Texas, dated April 25,1937, recorded in Volume 98, Page 326, Deed Records of Brazos County, Texas. (Blanket). This easement does not appear to affect the subject tract. lOd) Easement executed by Philip W. Ljungdahl and William C. Atklnson, of East By- Pass Development Group to City of Bryan, Texas, dated July 23, 1979, recorded in Volume 429, Page 226, Deed Records; Assignment of Utility Easement dated February 28,1994, recorded in Volume 2057, Page 301, Official Records, all being of Brazos County, Texas. This easement does affect the subject tract and is shown hereon. lOe) Easement executed by Philip W. Ljungdahl, Michael G. Shoup, James R. Whatley, William C, Atkinson, and Robert Bower, Jr,, to Ensearch Corporation, dated January 10,1983, recorded in Volume 559, Page 414, Deed Records of Brazos County, Texas. (Tract Two). This easement does affect the subject tract and is shown hereon, lOf) Easement executed by Robert Bower, Jr., Individually; Patricia Ljungdahl, Individually; William C. Atkinson, Individually; Michael G. Shoup, Individually; James R. Whatley, Individually, d/b/a East By-Pass Development Group, a Texas joint venture, East By-Pass Development Group, to City of College Station, dated May 12, 1998, recorded in Volume 3209, Page 93, Official Records of Brazos County, Texas. (Tract Two). This easement does not affect the subject tract. lOg) Terms, conditions and stipulations concerning a grant of "non-exdusive" Access Easement, as described in that certain Warranty Deed with Vendor's Lien executed by Robert Bower, Jr., in his capacity as a member of East By-Pass Development Group; Patricia Ljungdahl, Individually; William C. Atkinson, Individually; Michael 6. Shoup, Individually; James R. Whatley, Individually; d/b/a East By-Pass Development Group, to Robert L. Bower, Jr., and the rights of adjoining land-owners,andofthe Public in general to the use and benefitof the easement therein described, dated May 7,1996, recorded in Volume 2602, Page 147, and as shown on a Plat of Technology Business Park, Phase 1 recorded in Volume 3085, Page 307, Official Records of Brazos County, Texas. (Tract Two). This easement does not affect the subject tract. lOh) Terms, conditions and stipulations contained in that certain Easement Agreement executed by and between East Bypass Development Group (Grantor), a Texas partnership composed of Robert Bower, Jr., Patty Ljungdahl, William C. Atkinson, Michael G. Shoup, and James R. Whatley, and OurSaviour's Lutheran Church of College Station, Texas, Inc. a Texas corporation (Grantee), and the rights of adjoining land-owners, and of the Public in general to the use and benefit of the easement therein described, dated October 6, 2004, recorded in Volume 6347, Page 139, Official Records of Brazos County, Texas, (Tract One). This easement agreement does not affect the subject tract. 4. The square footage totals as shown hereon are based on the mathematical closure of the courses and distances reflected on this survey. It does not include the tolerances that may be present due to position accuracy of the boundary monuments shown hereon. S?®^T/A EXHrelT CFTY OF COLLEGE STATION ^HR!STOPHER E CURTIS^ BRAZOS RE INVESTOR'S GROUP, LLC TRACT BEING A %sl%^ 20-FOOT WIDE (0.541 ACRE) TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF A CALLED 18.905 AC. Tr. aJONESlCARTER ..-_-... _.PULP!LTHE..MORGAN RECTOR SURVEY. A-46 Texas Board of Professional Land Surveying Firm Registration No, 100461-07 CITY OF COLLEGE STATION 150 Venture Drive, Suite 100'College Station, Texas 77845*979.731.8000 BRAZOS COUNTY, TEXAS MARCH 2020 SHEET 4 OF 4 JEJ/wre JOB No. C0008-0024 DWG NO. 1896 v3Page 101 of 112 Page 102 of 112 February 25, 2021 Item No. 4.5. SH 6 Waterline Project Ph 3 - Resolution – HRKR, LLC Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution determining that an easement containing 0.086 acres of land is needed to be acquired from HRKR, LLC, a Texas Limited Liability Company, for the construction, operation, maintenance, inspection, replacement, and removal of one or more public utility lines and other public infrastructure as part of State Highway 6 waterline, phase 3 project for the City of College Station, Texas; and authorizing the institution of eminent domain proceedings. Relationship to Strategic Goals: - Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: City staff has negotiated the purchase or dedication of easements from 17 of the 20 parcels needed for the State HIghway 6 Waterline, Phase 3 project. The project will install an 18- inch and 20-inch waterline along the SH 6 frontage road to just north of Woodcreek Drive to north of Emerald Plaza. This resolution authorizes eminent domain proceedings for the needed public utility easement from one of the three remaining parcels owned by HRKR, LLC. Budget & Financial Summary: n/a Reviewed & Approved by Legal: No Attachments: 1.HRKR, LLC- Resolution with Exhibit Page 103 of 112 Page 1 of 3 RESOLUTION NO. ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING THAT AN EASEMENT CONTAINING 0.086 ACRES OF LAND, IS NEEDED TO BE ACQUIRED FROM HRKR, LLC, A TEXAS LIMITED LIABILITY COMPANY, FOR THE CONSTRUCTION, OPERATION, MAINTENANCE, INSPECTION, REPLACEMENT, AND REMOVAL OF ONE OR MORE PUBLIC UTILITY LINES AND OTHER PUBLIC INFRASTRUCTURE AS PART OF STATE HIGHWAY 6 WATERLINE, PHASE 3 PROJECT FOR THE CITY OF COLLEGE STATION, TEXAS; AND AUTHORIZING THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS. * * * * * WHEREAS, the City Council of the City of College Station now finds and determines that public convenience and necessity requires the City of College Station to acquire an easement over and across tracts of land containing 0.086, acres, for the construction, operation, maintenance, inspection, replacement, and removal of one or more public utility lines and other public infrastructure in the City of College Station , Texas, a more specific description of said 0.086 acre easement is attached hereto as Exhibit “A” and made a part hereof (collectively the “Land”); and WHEREAS, the City of College Station , through its duly authorized representatives, has negotiated with the owners of the Land for the purchase of same for the purpose stated herein and has been unable to agree with such owners as to the fair cash market value thereof and damages, if any; and WHEREAS, the City Council of the City of College Station has authorized the City Manager or his designee to make a n offer to the owners of the Land for the purchase of same bas ed upon its appraised value, and such offer has been made and the owner has refused to accept such final offer; now therefore, Page 104 of 112 Page 2 of 3 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1 . The facts and recitals set forth in the preamble of this resolution are hereby found to be true and correct. Section 2 . The City Council of the City of College Station finds that a bona fide offer has been made by duly authorized representatives of the City for the acquisition of an easement over and across the herein described tract of the Land, and that said offer was not accepted, and that the only way for the City of College Station to acquire such interest in said tract of land is through the filing of eminent domain proceedings. Section 3 . The City Council hereby finds and determines that a public use and necessity exists for the City of College Station to construct, operate, maintain, inspect, replace, and remove one or more public utility lines and other public infrastructure purposes as part of the State Highway 6 Waterline, Phase 3 Project, and to acquire the necessary property rights in the 0.086 acre tract of land, deemed necessary for expansion of the State Highway 6 Waterline, Phase 3 Project, as allowed by law, together with all necess ary appurtenances, additions and improvements on, over, under, and through those certain lots, tracts or parcels of land. Section 4 . The final offer heretofore made to the owner for the purchase of the Land is in all things hereby ratified and confirmed. Section 5 . The City Attorney, or her designee, is hereby authorized to bring eminent domain proceedings on behalf of the City of College Station under applicable provisions of law, whether provided by §251.001 of the Texas Local Government Code, as amended, Chapter 21 of the Texas Property Code, or by any other provision of law, against the owner or owners of the Land, to-wit: HRKR, LLC, a Texas limited liability company or against the real and true owner, Page 105 of 112 Page 3 of 3 owners, claimant, or claimants if HRKR, LLC, a Texas limited liability company is said not to be the owner of the Land. PASSED, APPROVED, AND RESOLVED this ____ day of ________________, 2021. ____________________________________ Karl Mooney Mayor ATTEST: Tanya D. Smith City Secretary APPROVED AS TO FORM: Carla A. Robinson City Attorney Page 106 of 112 EXHIBIT A Page 107 of 112 LINE J-l L2^ L3^L4: BEARING SM-27'44" E S 60-33'14" W N 60-33'14" E N 88'27'44" W DISTANCE 20.01' 21.59' 10.79' 10.00' STATE HIGHWAY_No_6^VARIABLE : WIDTH ROW) Surveyor Note: City of College Station GPS Monument # 129 Bears North Or04'35" West - 2256.57 feet from P.O.B.NORTH SCALE: 1" = 20' :o ^"r^fr\\•Found concrete monument "W-KC?- FOV POC Found "X" in concrete^as^-T-G 6"G(D) .fWi -.Found ',5/8 iron rod with cap stamped "KERR" ..../^-—-6"GCD)-P^=SO^=^^ ^T1UTY_EASE^NT'°;o[u%,up£:»°°PRBC 00'08t05w 69.09'0.0066 ACREDRAINAGE EASEMENT VOL. 2117 PG. 305 OPRBCVOL 3216 PG. 208 OPRBC (10k)-(10l) iTbrzo'M '124.30'S 00-08'05" E 67.25'S OT20'32 '1U.92'^\\\\\\\\\\^ 60' WIDE DRAINAGE EASEMENT VOL. 2117 PG. 305 OPRBCVOL. 3216 PG. 208 OPRBC (10k)-(10l)^1%^LOT 1R. BLOCK 1 T.J. ADDITION RE-PLAT VOL. 7107. PG. 230 OPRBC LESENE;CHW DRBC CONCRETE HEADWALLDEED RECORDS OFBRAZOS COUNTYECB ELECTRIC CONTROL BOXEM ELECTRIC METERFND FOUNDGA GUY ANCHORGEN GENERATORMLB MAIL BOXORBC OmCIAL RECORDS OF BRAZOS COUNPl' OPRBC OmCIAL PUBLIC RECORDS OFBRAZOS COUNT/PFC POINT FOR CORNERPG PAGE POB POINT OF BEGINNING POC POINT OF COMMENCING PPC POWER POLE WITH DOWN CONDUIT PUE PUBUC UTILITT EASEMENT RCP REINFORCED CONCRETE PIPESQ FT SQUARE FEET TCE TEMPORARY CONSTRUCTION EASEMENT TCM TELEPHONE CABLE MARKER TLV TELEPHONE VAULT TPD TELEPHONE PEDESTAL VOL VOLUMEWM WATER METER 0 - POINT FOR CORNER UNLESS OTHERWISE NOTED v£^.'^23°OOPRBC (1 Ob) HRKR. U-C WL 7168, PG. 190 OPRBCLOT 1R. BLOCK 1 C.S.L OF TEXAS. INGADDITION RE-PLAT VOL. 7107. PG. 230 OPRBC 20-FOOT WIDE EASEMENT 0.086 ACRES 3756 SQ FT 3"G(D) 6"G(D) 12"W AC -PSE--PSE- FO FO UNDERGROUND 3" GAS (SUE LEVEL D) UNDERGROUND 6" GAS (SUE LEVEL D) 12-INCH WATER LINE (ASBESTOS CEMENT PIPE) PAINT STRIPE ELECTRIC OVERHEAD POWER UNDERGROUND FIBER UNDERGROUND TELECOMMUNICATIONS ASPHALT BRICK PAYERS CONCRETE LANDSCAPE JDN ES|CARTER Texas Board of Professional Land Surveying Firm Registration No, 100461-07 150 Venture Drive, Suite 100 • College Station, Texas 77845* 979.731.8000 LOT 2. BLOCK 1 C.S.L. OF TEXAS. INC. ADDITION VOL. 2948, PG. 87 OPRBC EXHIBIT OF Cinf OF COLLEGE STATION, HRKR, LLC, TRACT BEING 20-FOOT WIDE (0.086 ACRE) PERMANENT EASEMENT BEING A PORTION OF LOT 1R, BLOCK 1 C.S.L OF TEXAS ADDITION RE-PLAT OUT OF THE MORGAN RECTOR SURVEY, A-46 CITY OF COLLEGE STATION BRAZOS COUNTY, TEXAS MARCH 2020 SHEET 1 OF 2 CEC/wre JOB No. C0008-0024 DWG NO. 1862 V3Page 108 of 112 GENERAL NOTES: 1, Separate legal description of this Permanent Easement and Temporary Construction Easement was prepared along with this exhibit, 2. Bearings shown hereon are based on Texas Coordinate System, Central Zone 4203 (NAD 83). 3, Reference was made to Title Commitment by WFG National Title Insurance Company, countersigned by Lawyers Title Company of Brazos County, with an issue date of August 28, 2017, and an effective date of August 25, 2017 with a GF No, S38835. No additional research for easements or encumbrances was performed by Jones & Carter, Inc. lOb) 10' public utility easement along front and west property lines, 60' drainage easement along north property line, portion of a 38' X 25' private access easement along front south corner side lot line, as reserved on re-plat recorded in Volume 7107, Page 230, Official Public Records of Brazos County, Texas. This easement does affect the subject tract and is shown hereon. lOc) Blanket Pipeline Easement executed by John Krolczykto Humble Pipe Line Company, dated July 22,1919, recorded in Volume 49, Page 24, Deed Records of Brazos County, Texas. This easement does affect the subject tract as a blanket easement. lOd) Blanket Electrical Easement executed by Frank Barak to City of Bryan, dated April 17,1937, recorded in Volume 98, Page 76, Deed Records of Brazos County, Texas. This easement does affect the subject tract as a blanket easement, being a 20' wide easement as constructed. lOe) 10' Easement executed by Jo Ann Atkins to City of College Station, dated February 20,1979, recorded in Volume 418, Page 527, Deed Records of Brazos County, Texas. This easement does not affect the subject tract. lOf) Easement executed by James E Jett, et al. to City of College Station, dated February 16,1979, recorded in Volume 418, Page 440, Deed Records of Brazos County, Texas. This easement does not affect the subject tract. lOg) Easement executed by Agency Records Control Inc. to the FoxFire Development Corporation, dated March 31, 1976, recorded in Volume 351, Page 182, Deed Records of Brazos County/ Texas. This easement does not affect the subject tract. lOh) Easement executed by Agency Records Control Inc. to the City of Bryan, dated November 24, 1976, recorded in Volume 371, Page 160, Deed Records of Brazos County, Texas. This easement does affect the subject tract as a blanket easement, being a 20' wide easement as constructed. lOi) 10' Easement executed by Agency Records Control Inc. to the City of College Station, Texas, dated March 13, 1979, recorded in Volume 419, Page 600, Deed Records of Brazos County, Texas. This easement does not affect the subject tract. GENERAL NOTES: cont, lOj) Temporary Construction Easement executed by CSL of Texas, Inc. to the City of College Station, Texas, dated May 24,1994, recorded in Volume 2117, Page 296, Official Records of Brazos County, Texas. This easement does not affect the subject tract (easement has expired). 10k) Easement executed by CSL of Texas, Inc. to the City of College Station, Texas, dated May 24,1994, recorded in Volume 2117, Page 305, Official Records of Brazos County, Texas, This easement does affect the subject tract and is shown hereon. 101) Easement rights reserved in Deed from CSL of Texas, Inc. to Tony Jones d/b/a Legacy Construction, dated August 6, 1998, recorded in Volume 3216, Page 208, Official Records of Brazos County, Texas. This easement does affect the subject tract and is shown hereon. 4. The square footage totals as shown hereon are based on the mathematical closure of the courses and distances reflected on this survey. It does not include the tolerances that may be present due to position accuracy of the boundary monuments shown hereon, i^w"^\'<p CHR!STOPHE^ E CURTIS 6111 JDNES|CARTER Texas Board of Professional Land Surveying Firm Registration No. 100461-07 150 Venture Drive, Suite 100 • College Station, Texas 77845* 979,731.8000 EXHIBIT OF CITf OF COLLEGE STATION, HRKR, LLC, TRACT BEING 20-FOOT WIDE (0.086 ACRE) PERMANENT EASEMENT BEING A PORTION OF LOT 1R, BLOCK 1 C.S.L OF TEXAS ADDITION RE-PLAT OUT OF THE MORGAN RECTOR SURVEY. A-46 CITY OF COLLEGE STATION BRAZOS COUNTf, TEXAS MARCH 2020 SHEET 2 OF 2 CEC/wre JOB No. C0008-0024 DWG NO. 1862 V3Page 109 of 112 City of College Station Morgan Rector Survey HRKR, LLC, Tract Abstract No. 46 20-Foot Wide (0.086 Acre) Permanent Easement STATE OF TEXAS § COUNTYOFBRAZOS § A METES AND BOUNDS description of a certain 0.086 acre 20-foot wide permanent easement, out of the Morgan Rector Survey, Abstract No. 46, Brazos County, Texas, being a portion of Lot 1R, Block 1 of the C.S.L. of Texas, Inc. Addition Re-plat, recorded in Volume 7107, Page 230 of the Official Public Records of Brazos County, Texas (OPRBC), conveyed to HRKR, LLC, as described in an Special Warranty Deed with Vendors Lien recorded in Volume 7168, Page 190 of the OPRBC, and being more particularly described as follows with all bearings being based on the Texas Coordinate System of 1983, Central Zone, 4203; COMMENCING at a found "X" in concrete marking the south corner of Lot 1R, Block 1, of C.S.L. of Texas Inc. Addition Re-Plat, and the northwest corner of Lot 1R/ Block 1, of T.J Addition Re-plat, recorded in Volume 7107, Page 230 of the OPRBC, being on the east right-of-way line of State Highway 6 (Variable Width Right-of-way); THENCE North 60°33'14" East, 10.79 feet along the common line between Lot 1R, Block 1 ofC.S.L. of Texas Addition Re-Plat and Lot 1R, Block 1, T.J. Addition Re-Plat to a point for corner and the POINT OF BEGINNING of herein described 0.086 acre 20-foot wide easement, from which a College Station GPS monument "marked College Station Man. 129, established in 1994" bears North 01°04/35// West, 2256.57 feet; THENCE, across the said Lot 1R, Block 1, of C.S.L. of Texas Addition Re-Plat the following two (2) courses and distances: 1.) North 07°20'32" West, 124.30 feet to a point for corner; 2.) North 00°08'05" West, 69.09 feet to a point for corner in the common line between Lot 1R, Block 1, C.S.L. of Texas and Lot 1, Block 1, C.S.L. of Texas, Inc. Addition recorded in Volume 2948, Page 87, of the OPRBC from which a 5/8-inch iron rod (with cap stamped "Kerr") marking the northwest corner of said Lot 1R, Block 1 ofC.S.L. of Texas, Inc. Addition Re-Plat and the south corner of Lot 2, Block 1, C.S.L. of Texas, Inc. Addition bears North 88°27/44// West, 10.00 feet; THENCE, South 88°27/44" East, 20.01 feet along the common line between Lot 1R, Block 1 of C.S.L. of Texas Addition Re-Plat and said Lot 2 Block 1 C.S.L. of Texas to a point for corner; THENCE, across the said Lot 1R, Block 1, ofC.S.L. of Texas Addition Re-Plat the following two (2) courses and distances: 1.) South 00°08'05" East/ 67.26 feet to a point for corner; 2.) South 07°20'32" East, 114.92 feet to a point for comer in the common line between Lot 1R, Block 1 of C.S.L. of Texas, Inc. Addition Re-Plat and Lot 1R, Block 1 T.J. Addition Re-Plat; Page 110 of 112 City of College Station HRKR, LLC, Tract 20-Foot Wide (0.086 Acre) Permanent Easement Morgan Rector Survey Abstract No. 46 THENCE South 60°33'14" West, 21.59 feet along said common line to the POINT OF BEGINNING, CONTAINING 0.086 acres, 3756 square feet of land in College Station, Brazos County, Texas, as shown on Drawing No. 1862 V3 filed in the office of Jones [Carter, Inc., in College Station, Texas. CHRISTOPHER E CURTIS 6111 'W^ss^O^°%^ Page 111 of 112 February 25, 2021 Item No. 4.6. City's Response to Winter Storm Sponsor:Jeff Capps, Deputy City Manager Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the City's response to the recent winter storm impacting the State of Texas. Relationship to Strategic Goals: Good Governance Core Services & Infrastructure Recommendation(s): Staff recommend that Council receive the presentation and provide feedback as desired. Summary: The recent winter storm that struck the State of Texas the weekend of February 13th and 14th, and through the following week, plunged temperatures across the state to lows not seen in some time and severely stressed the core services and infrastructure provided by state and local governments. This presentation will offer a review of the storm's impact on our local community and City operations. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: None Page 112 of 112