HomeMy WebLinkAbout7-24-2003-13.08 - Resolution - 07/24/2003 RESOLUTION NO. 7 -24- 2003 -13.08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, DECLARING THE NECESSITY FOR ACQUIRING BY CONDEMNATION
A FEE SIMPLE INTEREST IN CERTAIN DESCRIBED PROPERTY AND A
DRAINAGE EASEMENT INTEREST IN CERTAIN DESCRIBED PROPERTY TO
INSTALL AND MAINTAIN THE LONGMIRE — GRAHAM TO CYPRESS
MEADOWS PROJECT, ( "LONGMIRE PROJECT "), (ALSO KNOWN AS
LONGMIRE SOUTH EXTENSION PROJECT OR LONGMIRE SOUTH PROJECT),
AND ORDERING THE CONDEMNATION OF SAID PROPERTY TO PROCEED.
WHEREAS, the City Council of the City of College Station has heretofore determined to
acquire the right -of -way and related drainage easements necessary for the installation,
maintenance, repair, reconstruction, modification, removal, inspection of the Longmire
Project; and
WHEREAS, an independent professional appraisal report of the subject property has
been y
e submitted to the City, and the City Manager has accordingly established and
approved a certain amount determined to be just compensation for that property, pursuant
to the authority granted him by Resolutions of the City Council on April 11, 2002 and
February 27, 2003; and
WHEREAS, an official written offer based upon an amount determined to be more than
the just compensation has been transmitted to the owners of the real property described
herein for the fee simple interest in the real property fully described by Exhibit "A ",
which is attached hereto and incorporated herewith, and a drainage easement interest in
NOW the real property fully described by Exhibit "B ", which is attached hereto and
incorporated herewith, and further negotiations for settlement have been futile and
impossible because the parties are unable to agree on the amount of just compensation;
and
WHEREAS, the City of College Station has complied with all prerequisites of the laws of
the State of Texas to acquire a fee simple interest, save and except oil, gas and sulfur, in
the property described in the attached Exhibit A, and a drainage easement interest in the
property described in the attached Exhibit B, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That the official offer by the City of College Station for the fee
simple interest, save and except oil, gas and sulfur, in the real
property described in the attached Exhibit A, and a drainage
easement interest in the real property described in the attached
Exhibit B, in the amount of Eighty Thousand Four Hundred
Ninety -two and No /100 Dollars ($80,492.00), is hereby
confirmed.
PART 2: That it is hereby determined that the City of College Station has in fact
transmitted a bona fide offer to the property owners, in accord with the
laws of the State of Texas, for the real property described in the attached
Exhibit A and Exhibit B. Further negotiations for settlement have been
futile and impossible because the parties are unable to agree upon just
compensation.
PART 3: That public necessity requires the acquisition of the fee simple interest,
q p
save and except oil, gas and sulfur rights, in the property described in the
p Y
attached Exhibit A, and the drainage easement interest in the property
described in the attached Exhibit B, for the installation and maintenance of
the Longmire Project, and that public necessity and convenience require
the condemnation of this property in order to acquire it for such purpose.
PART 4: That the City Attorney is hereby authorized and directed to institute
proceedings in eminent domain against M. Charles Gandy, R. B. Tolson
and Myrtle L. Tolson, owners of the property described herein, and against
all other owners, lienholders, and other holders of an interest in the
property, in order to acquire a fee simple interest, save and except oil, g as
and sulfur rights, in the property described in the attached Exhibit A; and a
drainage easement interest in the property described in the attached
Exhibit B, said properties lying and being situated in College Station,
Brazos County, Texas.
PART 5: That the City Attorney is hereby authorized to deposit the Award of the
Commissioners from aforesaid proceedings into the registry of the Brazos
County Court.
PART 6: That this resolution shall take effect immediately from and after its
passage.
kb" PASSED and APPROVED this 24 day of July, 2003.
ATTEST: APPROVED
‘,ASNI\SN,1/40_ 4101. -
C 1 + NNIE HOOKS, City Secretary RON L ' IA, Mayor
APPROVED:
..... f .. f .......:y .` }
:i: :;,;: i i:• i :,`,?;;;::;: i? i;: i! isv ii::: .::::::;:;::
::' :i: :i::::::::i ': :::•':
i e: >::b >' :::::acre >:: i:r::ck
,u.iic Asss, ,,,,,,,,,,,,,,, +., kit,.:
City Attorney
•
4111,