RELEASE OF EASEMENT AGREEMENT AGENDA ITEM AND RESOLUTION AGENDA ITEM Consider approval of a Release of Easement by the Board of Trustees of College Station Independent School District, releasing an easement granted to College Station Independent School District by Gary Seaback and Barron Road Meadows, LP. RESOLUTION On motion duly made and seconded, it is hereby resolved that: WHEREAS, pursuant to an Easement Abandonment and Realignment Agreement, attached hereto as Exhibit 1 and incorporated for all purposes herein, dated December 14, 2004, and entered into by and between Gary Seaback ( Seaback ), College Station Independent School District ( CSISD ) and Barron Road Meadows, L.P. (collectively, the Parties ) and recorded in Volume 6431, Page 231 of the Official Records of Brazos County, Texas, an easement was granted to CSISD for purposes of access to State Highway 40 ( Easement ); and WHEREAS, the property subject to and being released from the Easement is described as follows: ALL THAT CERTAIN 5.57 ACRE TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE ROBERT STEVENSON LEAGUE, ABSTRACT NO. 54, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, as more fully described on Exhibit 2 attached hereto. WHEREAS, pursuant to a Joint Develop Agreement and Second Earnest Money Contract ( Development Agreement ) also dated December 14, 2004, by and between the Parties, Seaback and CSISD were to share in the cost of constructing Victoria Avenue; and WHEREAS, Seaback has passed away and his interest is now represented by the Estate of Gary Seaback ( Estate ); and WHEREAS, the Estate has executed and recorded a dedication deed conveying a 4.589 acre tract to the City of College Station ( Extension ), said tract of land being more fully described in the Dedication Deed recorded in Volume 10033, Page 254, Official Records of Brazos County, Texas and attached hereto as Exhibit 3 ; and WHEREAS, the Estate has executed and recorded a Public Utility Easement conveying a 20 public utility easement along each side of the Extension, said easement being more fully described in the Public Utility Easement recorded in Volume 10033, Page 262, Official Records of Brazos County, Texas, and attached hereto as Exhibit 4 ; and WHEREAS, the City has advised CSISD that the City will construct Victoria Avenue on the Extension, which will provide CSISD with access to State Highway 40; and WHEREAS, as a result of the Estate s dedication of the right of way and the public utility easement, and the City s assurance that it will construct the remainder of Victoria Avenue on the Extension, CSISD will not use the Easement to extend Victoria Avenue and accordingly, no longer has need for the Easement; and RELEASE OF EASEMENT PAGE1 OF 27
WHEREAS, pursuant to Texas Education Code 11.151, the Board is authorized to dispose of land that is no longer needed for school district purpose; and WHEREAS, CSISD and the City are governmental entities and/or political subdivisions under Texas Local Government Code Section 272.001; and WHEREAS, pursuant to Section 272.001, CSISD may convey property to the City for an amount equal to or greater than the fair market value of the property without complying with the notice and bidding procedures set forth in Section 272.001; and WHEREAS, the CSISD Board of Trustees ( Board ) has determined that the benefit to CSISD of use of the right of way created by construction of Victoria Avenue along the Extension is greater than or equal to the value of the Easement. Now, therefore, the Board makes the following resolutions: 1. CSISD is the owner of an Easement which was granted to CSISD for the purpose of providing access to State Highway 40. 2. The City has advised CSISD that it will construct Victoria Avenue, which will provide CSISD property with access to State Highway 40. 3. The Easement is no longer needed for school district purposes. 4. The value of the construction of Victoria Avenue along the Extension is greater than or equal to the fair market value of the Easement. 5. The Board, on behalf of CSISD, authorizes the release of the Easement. 6. The Board authorizes the Board President, the Superintendent, or their appointed designees, to do any and all things necessary to accomplish the Release of Easement. COLLEGE STATION INDEPENDENT SCHOOL DISTRICT BY: Randall W. Pitcock Board President Date:, 2011 RELEASE OF EASEMENT PAGE2 OF 27
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