10-21-2004-12.12 - Resolution - 10/21/2004
RESOLUTION DETERMINING NEED
RESOLUTION NO. 10-21-2004-12.12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE A FEE SIMPLE
INTEREST IN CERTAIN PROPERTY; GIVING NOTICE OF AN OFFICIAL
DETERMINATION TO ACQUIRE A FEE SIMPLE INTEREST IN PROPERTY FOR
THE CEMETERY ACQUISITION PROJECT, ECONOMIC DEVELOPMENT
AND/OR OTHER MUNICIPAL PURPOSES: AND ESTABLISHING PROCEDURES
FOR THE ACQUISITION OF A FEE SIMPLE INTEREST IN THE PROPERTY
WHEREAS, it is necessary to establish procedures for determining the establishment and
approval of just compensation for each of the parcels in which to acquire an fee simple
interest for the municipal cemetery acquisition project, economic development, and/or
other municipal purposes; and
WHEREAS, there may be improvements located on some of the real property in which a
fee simple interest is acquired for this Project. and such improvements may be required to
be moved or demolished prior to the beginmng of the Project, now, therefore,
BE IT RESOLVED by the City Council of the City of College Station, Texas:
PART I: That the City Council of the City of College Station, Texas, hereby officially
determines that there is a public necessity for the municipal cemetery
acquisition project, economic development, and/or other municipal purposes,
and the pubhc welfare and convenience will be served by the acquisition of a
fee Simple interest, save and except all oil, gas and other mineral rights to the
property, below a depth of two hundred (200) feet from the actual surface of
any portion of said property, provided that there shall never in any event be
any ingress or egress on or across the surface of the property for the purposes
of exploration, development, production or transportation of such oil, gas or
other minerals, in properties referenced in Exhibit "^" attached hereto and
made a part hereof for all purposes as part of the Cemetery Acqu\sll1on
Project, for the purpose of municipal cemetery. economic development, and/or
other municipal purposes.
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 a fee simple interest in property for the
municipal cemetery, economic development, and/or other municipal purposes
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 appr81sal reports are supported by
suffiCient data. Based upon such examination of said appraisal reports, the
Land Agent or other appraiser shall make a recommendation to the City
Manager as to the establishment and approval of the amount of the just
compensation for the fee simple interest in said parcel.
RESOLUTION NO. 10-21-2004-12.12
Page 2
PART 4: After consideration of said recommendation, the City Manager shall establish
and approve the amount determined for acquisition of a fee simple interest in
the parcels.
PART S. Upon establishment and approval by the City Manager of the amount of Just
compensation for the acquisition of a fee simple interest, the City's Land
Agent is authorized to communicate a written offer to the owners of said
parcels for the acquisition of a fee simple interest in said parcel at the full
amount determmed 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 is hereby authorized to execute
all documents necessary to acquire a fee simple interest in each of the parcels
needed for said Project, on behalf of the City of College Station.
PART 7: 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 8: That this resolution shall take effect immediately from and after its passage.
ADOPTED thiS 21st
day of
October
, A.D. 2004
AT/"EST:
APPROVED:
~~
CONNIE HOOKS, City Secretary
Tern
APPROVED:
~~
City Attorney
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Joe Orr,lnc.
s.uw,o..... /lnii-
2167 Post Oak Circle
College Station, TX 77845
(979) 690-3378
Proposed City of College Station
Cemetery Tract
B. McGregor Survey A-170 and
BBB&CRR Survey A-81
BIBZ08 County, Texas
12 September 2003
All that certain tract or parcel of land lying and being situated in the Bartlett McGregor
Survey, Absttact No 170, and the BBB&CRR Survey, Abstract No. 81, in Brazos
CoID1ty, Texas, being bounded on the south by the northeast right-of-way line of F.M.
2154, on the west by Bentwood Estates Phase 1 according to repJat recorded in Volume
5322, Page 1 of the Official Public Records of Brazos County, Texas, on the north by the
Inez Scbein Trust. 160.49 acre tract described as Exhibit "0" in Volume 4339, Page 199
of the Official Public Records of Brazos County, Texas, and the Texas A&M
Development Fol1lldation 100 acre tract described in Volume 937, Page 503 of the
Official Public Records of Brazos, County, Texas, and on the cast by the Lurleen Cooner
150 acre tract described in Volume 4771, Page 108 of the Official Public Records of
Brazos, County, Texas, and being the same tract described as Second Tract in deed from
Margaret Havens to Leonard L. Scan:e1la called 107.2797 acres and recorded in Volume
1549, Page 80 of the Official Public Records of Brazos County, Texas.
10-21-2004-12.12
Resolution Ro. 10-21-2004-12.12
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