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HomeMy WebLinkAbout4-27-2000-13.08 - Resolution - 04/27/2000RESOLUTION DETERMINING NEED RESOLUTION NO. 4-27-2000-13.08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE FEE SIMPLE INTEREST IN CERTAIN PROPERTY; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE FEE SIMPLE INTEREST IN PROPERTY FOR THE WOLF PEN CREEK TRAILS AND BRIDGES PROJECT; AND ESTABLISHING PROCEDURES FOR THE ACQUISITION OF 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 parcel in which to acquire fee simple interest for the Wolf Pen Creek Trails and Bridges Project; 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 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 construction of pedestrian trails and bridges in the Wolf Pen Creek District, and the public welfare and convenience will be served by the acquisition of a fee simple interest in property referenced as Number 1 in Exhibit "A" attached hereto and made a part hereof for all purposes as part of the Wolf Pen Creek Trails and Bridges Project, for the purpose of construction of pedestrian trails and bridges in the Wolf Pen Creek District. 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 fee simple interest in the property for the construction of pedestrian trails and bridges in the Wolf Pen Creek District. PART 3: PART 4: PART 5: 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 said 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 and approval of the amount of the just compensation for fee simple interest in said parcel. After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of fee simple interest in the parcel. Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of fee simple interest in the parcel, the City's Land Agent is authorized to communicate a written offer to the owners of said parcel for the acquisition of fee simple interest in said parcel at the full amount determined and Resolution No. 4-27-2000-13. o8 Page 2 PART 6: PART 7: PART 8: established to be just compensation therefore and to negotiate with said owners on behalf of the City. That the Mayor after approval by City Council is hereby authorized to execute all documents necessary to acquire fee simple interest in the parcel needed for said Project, on behalf of the City of College Station. 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. That this resolution shall take effect immediately from and after its passage. ADOPTED this ATTEST: 27th day of April , A.D. 2000. APPROVED: L~qI~MclLHANEY, May4 CONNIE HOOKS, City Secretary APPROVED: City Attor~ ~ FI~.LD NOTES Variable Wh'th Act, ess Eo~ment 0.0199 Acres Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR LEAGUE, Abstnmt No. 46 in College Station, Brazo$ County, Texns and bein8 a part of Lot lA of the Replat ofLacom' Stdxlivision u reeorded in Volume 3510, Page 191 ofthe Official Records of Braz°s C°unty (O.R-B.C.), and belng a portion of the same land idcntified as 12.18 acres oonveyed to Thonms D. and Bcrtm-d D. Lacour by Dehra Estelle Lacour McI, au.~hli,~ et af by deed recorded in Volume 398, Page 768 of the Brazos County Deed Records (B.C.D.R.), and being more BEGINNING: at a 1/2.inch iron set for the south corner of said Lot lA, said iron rod also being in northwest line of the 0.2952 sore dedication of WoltPen Creek according to the reph! of Lncour Subdivision recorded/n Volume 3510, Page 191: ' THENCE: N 36o 21,55# W (Pht call - S 35° 11' 18" E) alon~ tho common line of saki Lot IAand said 0.562 acre trnct for a distance of 38.47 feet to a 1/2-inch iron rod set for Point of Curvature of a curve to the left; THENCE: 51.25 feet along the nrc ofsa/d curve hay/nE a central angle of 04° 51' 47", a tad/us of 603.80 feet, a tan~nt of 25.64 feet and a long chord bcarin~ N 38° 47' 48" W at a distance of 51.23 feet to a wood stake set for corn~, THENCE: $ 45' 23' 44u B/nto the inter/or of said Lot IA for a d/stancc of f,4.89 feet to a wood TH~.~: N gg' 36' 16" E for a dhtance of 36.1~7 feet to a wood stake set for comer, said comer also bein~ in. tl~ s~l northwest inc of the 0.2952 acre tract; THENCE: S 3~' 48' $$" W (Plat call. S 33° 5~' 32" W) for a ~ of 38.82 feet the POINT OF BEGINNING and contain~ 0.01~) acres ofhnd, more or less. I, bfichacl R. McClure, Registcred Profc~oml Land Surveyor No. 28~9 in thc State of Texas do ,certify to the b~--t of my knowiedgc information and belief end in mY pwfessional opinion tim this Mich~l R. lVlcC'lt~, R.P.L.$. #2859 Z