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Home My WebLink About10-21-2004-12.12 - 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 ~IBIT.A1 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 c.-ILad 1'IqjoclI3\CoIIop SlIlIoD -a\CSCal-...... 91t5l2OO3 tZ:04:35 PM, lIP CaIar LuerJ. W'" 1IQ. 6 ~ 5' _CI - ....~g.. 110:3"' K' 110_..... CDQ' CD :3" .;:i: I. '11 "i':::J 3: 'Pt:\i-l _ 2 0 C1 CD ~ ~ 0 CD C :J o (\) -. ..., (jJ)>0. o. :J3: r+CIl "U . ~ ""OI'J :c (/) 0 a o (\) -..J 0..... <0. '8 0 (\) 0 I'J -. (]I I ::"" :J:J -..J 0 (/l a. to I -..J AJ r+-l " ~ 0 0"" -. 0' -. o :J :- -"'~ ..., 0 3 ~81R 0 h;" r+ < 0 0-.0 =-'1: · a. :J:J :- ,;Pi ~i 0 ""G) ~ i a. (]I r+~ r to . o. (/) m ""0 00.1.0 o . ..., 0 00 (\) 0 0 ~ ~ ....-:1. ....gCl .... CI _ ::J - ~i':~ .aiio I . ::J II - II ~ ... ~ ~IBIT.A1