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Home My WebLink About03-26-09-2f - Resolution - 03/26/2009RESOLUTION NO. 03- 26 -09 -2f RESOLUTION DETERMINING NEED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE, AND ACQUIRE, BY PURCHASE OR CONDEMNATION, RIGHT -OF- WAY AND EASEMENT INTEREST IN CERTAIN PROPERTY FOR AN AUTHORIZED PUBLIC PURPOSE AND USE, SAME BEING THE CONSTRUCTION, MAINTENANCE AND OPERATION OF THE WATER RECLAMATION PROJECT AND THE CONSTRUCTION, MAINTENANCE AND OPERATION OF PEDESTRIAN AND BIKE WAYS; (2) A DECLARATION THAT PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE SUCH INTEREST, THROUGH PURCHASE OR CONDEMNATION; AND (3) ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SUCH 17 IN THE PROPERTY. WHEREAS, the City of College Station, Texas ( "City ") is a home rule municipality duly incorporated and chartered under the Constitution and laws of Texas; and WHEREAS, the City owns, operates, constructs, repairs and maintains a city water and wastewater system as a public service; and WHEREAS, the City owns, operates, constructs, repairs and maintains a system of pedestrian ways and bikeways as a public service; and WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the city water and wastewater system and the pedestrian and bikeway system is a benefit to the public; and WHEREAS, the City, through a condemnation proceeding, may exercise the power of eminent domain to acquire property in order to carry out the ownership, operation, construction, repair, and maintenance of its water and wastewater system and its pedestrian and bikeway system pursuant to Chapter 251 of the Texas Local Government Code, Chapter 21 of the Texas Property Code, and Article II of the City's Charter; and WHEREAS, the City is engaged in the following project regarding installation and improvements to an irrigation water system between Carters Creek Wastewater Treatment Plant and Veterans Park, including the construction, maintenance and operation of a reclaimed water irrigation line and related water utility infrastructure, facilities, and improvements and other public utilities, Water Reclamation Project (referred to collectively with pedestrian and bikeways system described hereinbelow as the "Project "); and RESOLUTION NO. 03- 26 -09 -2f PAGE 2 WHEREAS, the City is engaged in the development of a pedestrian and bikeway system pursuant to it adopted 2004 Pedestrian and Bikeways Plan, including the construction, maintenance and operation pedestrian ways and bikeways and associated facilities; and WHEREAS, the City determines that the best interests and needs of the public, including the health, safety and welfare of the public, require that the City complete the Project, through the City's acquisition, by purchase or condemnation proceeding, of the right -of- way and easements as provided in Exhibit A, attached hereto and incorporated herein by reference for all purposes (the "Right -of -Way and Easements "); now, therefore; BE IT RESOLVED by the City Council of the City of College Station, Texas: PART 1: That the City Council of the City of College Station, Texas, hereby officially determines that there is a public necessity for the Right -of -Way and Easements, and the public welfare and convenience will be served by the acquisition of the Right -of -Way and Easements. PART 2: That the City Manager is hereby authorized to contract, on behalf of the City of College Station, with a professional appraiser for the appraisal services, with a professional real estate agent to act as a Land Agent for the City and with attorneys for preparation of title opinions needed by the City from time to time in connection with acquisition of the Right -of -Way and Easements. PART 3: That the City's Land Agent or other staff appraiser is hereby authorized and directed to examine the independent appraisal reports as they are submitted to the City to determine whether said appraisal reports are supported by sufficient data. Based upon such examination of said appraisal reports, the Land Agent or other staff appraiser shall make a recommendation to the City Manager as to the establishment and approval of the amount of the just compensation for the Right -of -Way and Easements. PART 4: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of the Right - of -Way and Easements. PART 5: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the Right -of -Way and Easements, the City's Land Agent or other staff appraiser is authorized to communicate a written offer to the property owners for the acquisition of such interest at the full amount determined and established to be just compensation therefore and to negotiate with said owners on behalf of the City. RESOLUTION NO. 03- 26 -09 -2f PAGE 3 PART 6: That the Mayor after approval by City Council, or the City Manager as delegated, is hereby authorized to execute all documents necessary to acquire said Right -of -Way and Easements for the Project, on behalf of the City of College Station. PART 7: That, if necessary, and should a property owner fail to accept a bona fide, good faith offer from the City to purchase the required Right -of -Way and Easements, City representatives shall have the authority to initiate and complete condemnation proceedings against said owner, in order to acquire through condemnation all required property interests and title regarding such property. PART 8: That the City Manager be and is hereby authorized to sell any such surplus improvements, or order the demolition thereof, if any, located on the real property acquired in connection with this Project. PART 9: That this resolution shall take effect immediately from and after its passage. ADOPTED this 26th day of ATTEST: March , A.D. 2009. c awn-Li City Secretary APPROVED: ei—A 14 City Attorney o APPROVED: MAYOR RESOLUTION NO. 03- 26 -09 -2f PAGE 4 EXHIBIT "A" TO RESOLUTION DETERMINING NEED Being a fifty foot (50') wide strip of Permanent Public Utility Easements extending along and across the following tracts of land, the alignment of said easements being generally depicted by the attached project map. Tax ID Property Owner Legal Description & Deed Reference (current of former) (Brazos County Official Records) R13277 Guseman, Lawrence F, III 15.679 acres, Morgan Rector League, A -46 Volume 8617 Page 87 R303883 Guseman, Grant A 5.013 acres, Morgan Rector League, A -46 Volume 8617 Page 69 City of College Station 7.34 acres, Morgan Rector Carters Crossing Park League, A -46 Volume 8179 Page 114 R13187 Martell Childrens Trust 20.69 acres, Morgan Rector League, A -46 Volume 591 Page 18 City of College Station 13 acres, Morgan Rector Raintree Park League, A -46 Volume 527 Pages 80 & 83 R38596 Carpenter, H Dale and Linda S 3.05 acres, Raintree #5, Block 1, Lot 1 (Replat) Volume 1206 Page 811 R13203 Cashion, Shelley J, Trustee 12.39 acres, Morgan Rector League, A -46 Volume 3559 Page 269 R13271 Ruffino, LJ & Kitti 34.29 acres, Morgan Rector League, A -46 Volume 508 Page 418 R98351 Kolbe, C Carl & Jeanne 23.75 acres, Morgan Rector League, A -46 Volume 2558 Page 133 Volume 3213 Page 335 RESOLUTION NO. 03- 26 -09 -2f R118599 Jones, Charles B et al R13188 Smith, Richard A PAGE 5 12.47 acres, Morgan Rector League, A -46 Volume 8488 Page 248 77.62 acres, Morgan Rector League, A -46 Volume 328 Page 75 Volume 360 Pages 336 & 338 Being a thirty foot (30') wide strip of Permanent Public Utility Easements extending along and across the following tracts of land, the alignment of said easements being generally depicted by the attached project map. R13188 Smith, Richard A 77.62 acres, Morgan Rector League, A -46 Volume 328 Page 75 Volume 360 Pages 336 & 338 R10568 Highway 30 Partnership Alfred A Martin & Sudhir D. Patel R10548 Regency Parkway Inc R10551 The Summit Crossing, LLC 23.961 acres, Morgan Rector League, A -46 Volume 2108 Page 150 58.59 acres, Richard Carter League, A -8 Volume 1219 Page 287 17.2 acres, Richard Carter League, A -8 Volume 8491, Page 52