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Home My WebLink About1-24-08-2L - Resolution - 01/24/2008RESOLUTION DETERMINING NEED RESOLUTION NO. 1- 24 -08 -2L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, RELAT17 TO: (1) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE, AND ACQUIRE, BY PURCHASE OR CONDEMNATION, THE FEE SIMPLE INTEREST IN CERTAIN PROPERTY FOR THE RAINTREE GREENWAYS PROJECT; (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 INTEREST 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 greenways system as a public service in order to provide parks, flood control, wildlife conservation and bicycle and pedestrian routes; and WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the greenways 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 greenways 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 the improvements and expansion to the greenways system - the Raintree Greenways Project, (the "Project "); 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 proceed with the Project, through the City's acquisition, by purchase or condemnation proceeding, of the fee simple interest in the real property more fully described in Exhibit A, attached hereto and incorporated herein by reference for all purposes (the "Property "); 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 Property, and RESOLUTION NO. 1- 24 -08 -2L Page 2 the public welfare and convenience will be served by the acquisition of the Property. 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 Property. 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 Property. PART 4: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of the Property. PART 5: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the Property, the City's Land Agent, other staff appraiser or contracted real estate agent 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. 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 Property 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 Property, 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. RESOLUTION NO. 1- 24-- 08 - •2L Page 3 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 24th day of January , A.D. 200 8. ATTEST: APPROVED: City Secretary MAYOR PPP I� , 1 wyari"i //.I / City Attorney RESOLUTION NO. 1- 24 -08 -2L EXHIBIT "A" Page 4 THELMA McGILL, TRUSTEE TRACT Being a 4.6 acre tract of land, more or less, being part of a 14.27 acres tract of land lying and situated in the Morgan Rector League, A -46, College Station, Brazos County, Texas, said 14.27 acre tract being the same parcel described in Warranty Deed with Vendors Lien from Lydia Frances Boriskie to Davis McGill, Trustee dated August 22, 1983 recorded in Volume 597 Page 226, Deed Records of Brazos County, Texas. Said 4.6 acre tract is located in the flood plain of Wolf Pen Creek and is generally depicted on Attachment 1 as the "McGill Property" and will be more particularly described by plat and field notes prepared by a Registered Professional Land Surveyor at a subsequent day and time. OAKWOOD CUSTOM HOMES GROUP, LTD TRACT Being an 8.51 acre tract of land, more or less, being part of a 29.51 acre tract of land lying and being situated in the Morgan Rector League, A -46, College Station, Brazos County, Texas, said 29.51 acre tract being the same parcel described as TRACT ONE in Warranty Deed from Burton Ray Hermann and wife to Oakwood Custom Homes Group, LTD., dated November 30, 2004 recorded in Volume 6413 Page 107, Official Records of Brazos County, Texas. Said 8.51 acre tract is located in the Flood plain of Wolf Pen Creek and is generally depicted on Attachment 1 as "Oakwood Custom Homes" and will be more particularly described by plat and field notes prepared by a Registered Professional Land Surveyor at a subsequent day and time. SHELLEY J. CASHION, TRUSTEE TRACT Being a 12.39 acre tract of land, more or less, situated in the Morgan Rector League, A -46, College Station, Brazos County, Texas, being the same parcel described in General Warranty Deed from Shelly Cashion to Shelley J. Cashion, Trustee , Ethyl Burgess Cashion Life Insurance Trust UTD 3/24/88, dated June 1, 1999, recorded in Volume 3559 Page 269, Official Records of Brazos County, Texas. RESOLUTION NO. 1- 24 -08 -2L Page 5 Said 12.39 acre tract is located in the flood plain of Wolf Pen Creek and is generally depicted on Attachment 1 as "Shelly Cashion" and will be more particularly described by plat and field notes prepared by a Registered Professional Land Surveyor at a subsequent day and time. RESOLUTION NO. 1- 24- .08 -2L Page 6 ATTACHMENT 1 / • 0.) Ill ..-..i.. , .....' ,L t; .. .? 4,,- ,..' 0 '' - '0,4.4.•';‘,./ , ' ,-, ., / \ ' Y .._ . • 4, '-' *-,N.. - ,.;:,',...„. , - ' - ;..', ,... .,.,.. 4. .. 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