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Home My WebLink About7-11-2002-11.05 - Resolution - 07/11/2002 �1r► RESOLUTION DETERMINING NEED RESOLUTION NO. 7 -11- 2002 -11.05 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 BARRON ROAD PROJECT; AND ESTABLISHING PROCEDURES FOR THE ACQUISITION OF A FEE SIMPLE INTEREST IN PROPERTY. WHEREAS, the City Council of the City of College Station, Texas, previously on April 25, 2002, approved a needs resolution for the acquisition of twenty (20) parcels of property on the west side of Highway 6 for use as right -of -way for the Barron Road Project; and WHEREAS, an additional parcel of property on the east side of Highway 6 is needed for use as right -of -way for the Barron Road Project; and WHEREAS, it is necessary to establish procedures for determining the establishment and approval of just compensation for the parcel in which to acquire a fee simple interest for use as right -of -way for the Barron Road Project; and WHEREAS, there may be improvements located on the real property in which a fee simple interest is acquired for this project, and such improvements may be required to be moved, removed or demolished prior to the beginning of the Project; 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 Barron Road Project, and the public welfare and convenience will be served by the acquisition of a fee simple interest in the property referenced in Exhibit "A" attached hereto and made a part hereof for all 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 right -of -way in said property for the Barron Road Project. 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 appraiser shall make a recommendation to the City Manager as to the establishment �rr+' Resolution No. 7 -11- 2002 -11.05 Page 2 and approval of the amount of the just compensation for a fee simple interest in said parcel. 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 parcel. PART 5: That the City Council determines that it will waive paving assessments against parcels abutting the roadway from which any portion of said parcel is needed by the City for the right -of -way if the property owner dedicates the portion of the property necessary for the right -of -way to the City. The City Manager may execute said waivers on behalf of the City of College Station where the value of the assessment is comparable to the portion of the property acquired for the project or where the value of the assessment is used to offset the value of the portion of the property acquired. PART 6: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of a fee simple interest in the property, the City's Land Agent is authorized to communicate a written offer to the owners of said parcel for the acquisition of a fee simple interest in said parcel at the full amount determined and established to be just compensation therefore and to negotiate with said owners on behalf of the City. PART 7: That the Mayor after approval by City Council is hereby authorized to execute all documents necessary to acquire a fee simple interest in the parcel needed for said project, on behalf of the City of College Station. PART 8: That the City Manager be and is hereby authorized to sell any such surplus improvements, or order the demolition thereof, 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 11 day of July, A.D. 2002. ATTEST: APPROVED: ■ Lam. LILI 4 � COMVIB HOOKS, City Secretary R • . i V , Mayor APPROVED: "'"' ,7tS.1Sined tCar .b ` , ,, City Attorney t ie Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, TX 77845 (979) 690 -3378 Proposed Barron Road Right -of -Way Thomas R. Barker 2.498 acre tract Robert Stevenson League College Station, Texas 26 June 2002 All that certain tract or parcel of land lying and being situated in the Robert Stevenson League, Abstract No. 54, in College Station, Brazos County, Texas, being a part of that 2.498 acre tract conveyed to Thomas R. Barker by deed recorded in Volume 3691, Page 175 of the Official Public Records of Brazos County, Texas, and being more particularly described as follows: Beginning at a '/z" iron rod with a yellow plastic cap stamped "D.R. Mayo RPLS 1475" found (set in 1998) at the most westerly comer of that 46.60 acre tract conveyed to the City of College Station, Texas, by deed recorded in Volume 33 10, Page 321 of the Official Public Records of Brazos County, Texas, which is also the most southerly comer of that 70.39 acre tract conveyed to M.D. Wheeler LTD by deed recorded in Volume *ay 3007, Page 341 of the Official Public Records of Brazos County, Texas, in the northeast line of the said Thomas R. Barker 2.498 acre tract. Thence S 40" 35' 00" W — 310.88 feet through the said Thomas R. Barker tract to a 1/2" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set in the northeast right -of -way line of State Highway No. 6 from which a 3/8" iron rod was found S 49" 25' 00" E — 212.80 feet at the most southerly comer of the said Barker 2.498 acre tract; Thence N 49° 25' 00" W — 90.00 feet along the northeast right -of -way line of State Highway No. 6 to a ' /z" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set for the most westerly comer of this tract, from which the city of College Station GPS monument no. 13 1 bears N 69" 30' 17" W — 919.74 feet and a %2" iron rod was found N 49" 25' 00" W -- 398.44 feet at the common comer of that 2.497 acre tract conveyed to Jimmy Easterly by deed recorded in Volume 3691, Page 175 of the Official Public Records of Brazos County, Texas, and the Harley Subdivision according to plat of record in Volume 3961, Page 236 of the Official Public Records of Brazos County, Texas; Thence N 40° 35' 00" E — 313.57 feet through the said Thomas R. Barker 2.498 acre tract to a '/z" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set in the line between the said Barker tract and the said M.D. Wheeler LTD tract; t hse Barron Road ROW Extension Page 1 oft Thence S 47" 42' 15" E — 90.04 feet along the line between the said Barker tract and the said M.D. Wheeler LTD tract to the Point of Beginning and containing 0.645 acres of land more or less. Bearings are Texas State Plane, NAD -83 datum, based on City of CS 1994 GPS control points and GPS observations. i� T, i 4' ' ` t DAVID R. MAYO rr b i,p vs., : �, � 1476 W • SURNIE. • -- Avow Barron Road ROW Extension Page 2 of 2 ( ( ( Joe Orr, Inc. Proposed Barron Road Right -of -Way Surveyors J Engineers Thomas R. Barker 2.498 acre tract 2167 Post Oak Circle Robert Stevenson League A -54 :ollege station, D( 77845 g (979) 690 - 3378 M.D. Wheeler LTD College Station, Texas City of College Station 70.39 acres 46.60 acres Vol. 3007. Pg. 341 Vol. 3310. Pg. 321 ;' (s(surv.yeo by Joe Orr, Inc 1998) .1/O T T io '` S c f-? L. E 0 .2 - w - 321356 10 3 t roa .\ \ 90,04' S 4 7 . 38'20 - E - 212.39' \ bp ` o 47'42'15': E ° .p 1 3 "• ':t sp o Lot 1 , Jimmy Y Easterl Y 1. y Thomas R. Barker Thomas R. Barker and Harley Subdivision 2.497 acres 'rips :". ' 2.498 acres wife. Debra Lynn Barker Vol. 3691, Pg. 175 • . b Vol. 3691, P 175 2.46 acres Vol. 3961. Pg. 236 .z. 9- a �e Vol. 3195, Pg. 127 Is, _ /stir w 1a ^ %%•"510.00'm'a F 9 49 - 212.80' 52.6' N 49 - 39844' (to 1/2 St found) 7 �- 91,A; , T ,a. d R %1 ^O i5 � 4 � � e 4' c� �� , , M 6g5 .�� B `6Y d Note. Existing easements end ub'ities are not shown on this plat. State Highway No. 6 -- Texas Avenue a w > °o I 0 a \ A !C2