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Home My WebLink About6-8-2000-11.14 - Resolution - 06/08/2000RESOLUTION NO. 6-8-2000-11.14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DECLARING THE NECESSITY FOR ACQUIRING BY CONDEMNATION THE FEE SIMPLE TITLE TO CERTAIN DESCRIBED PROPERTY FOR RIGHT-OF-WAY TO WIDEN, PAVE AND IMPROVE A PORTION OF LUTHER STREET WEST, 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 necessary for the widening, paving and improving of a portion of Luther Street West; and WHEREAS, an independent professional appraisal report of the subject property has been submitted to the City, and the City Manager has accordingly established and approved a certain amount determined to be just compensation for that parcel, pursuant to the authority granted him by Resolution of the City Council on August 13, 1998; and WHEREAS, an official written offer based upon the amount determined to be just compensation has been transmitted to the owner of the properties described herein, and further negotiations for settlement have been futile and impossible because the owner is unable to convey fee simple rifle to the property free and clear of any liens and encumbrances. WHEREAS, the City of College Station has complied with all prerequisites of the laws of the State of Texas to acquire the unencumbered fee simple rifle, save and except oil, gas and sulfur rights with no rights of exploration, to the property described in the attached Exhibits A and 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 in land described in the attached Exhibits A and B, in the amount of Five Thousand Five Hundred Fifty Dollars ($5,550.00), 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 properties, in accord with the laws of the State of Texas, for the properties described in the attached Exhibits A and B. The property owner and the City of College Station have agreed upon the value of the land or the damages to be paid but further settlement negotiations have become futile and impossible because the owner cannot obtain a release of the liens and encumbrances upon the properties. PART 3: That public necessity requires the acquisition of the unencumbered fee simple title to the properties described in the attached Exhibits A and B, save and except oil, gas, and sulfur rights with no right of exploration, for right-of-way for the widening and improvement of Luther Street West in the City of College Station, Texas; 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 Attomey is hereby authorized and directed to institute proceedings in eminent domain against Stanley Roderick Mitchell, owner of the property described herein, and against all other owners, lienholders, and other holders of an interest in p: lgrouplagen-callcouncil agendaslin-progresslOOO608~mitchell condemnation~resolutioncondemn, doc 5/30/00 RESOLUTION NO. 6-8-2000-11.14 Page 2 PART 5: PART 6: the properties, in order to acquire the unencumbered fee simple interest, save and except oil, gas, and sulfur rights with no right of exploration, in and to the properties lying and being situated in the City of College Station, Brazos County, Texas and described in Exhibits A and B attached hereto and incorporated herewith. 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. That this resolution shall take effect immediately from and after its passage. PASSED and APPROVED this 8th day of JUNE ,2000. CONNIE HOOKS, City Secretary APPROVED E-YNN cIEHANE¥, Mayo APPROVED: Roxanne Nemcik First Assistant City Attorney p Agroup~agen-callcouncil agendaslin-progresslOOO6081mitchell condemnationlresolutioncondemn, doc 5/30/00 RESOLUTION NO. 6-8-2000-11.14 Page 3 Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, Texas 77845 Proposed Luther Street Right-of-Way Addition Ned and Etta Peterson Tract Crawford Bumett League College Station, Texas July 17, 1998 All that certain tract or parcel of land lying and being situated in the Crawford Bumett League, Abstract No. 7, in College Station, Brazos County, Texas, being a part of that called 1-1/2acre tract conveyed to Ned Peterson and wife Etta Peterson by deed recorded in Volume 137, Page 634 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: Beginning at a wood stake set at an old fence comer in the southeast line of West Luther Street in the line between the said Ned and Etta Peterson tract and that tract called ½ acre in deed to Lela McCoy recorded in Volume 82, Page 226 of the Deed Records of Brazos County, Texas, fi.om which a Va" iron rod was found N 41° 31' 12" E - 221.64' at the intersection of the northeast line of that called ½ acre tract conveyed to Ned Peterson by deed recorded in Volume 78, Page 342 of the Deed Records of Brazos County, Texas, and the southeast line of West Luther Street which is the most westerly comer of that 1.072 acre tract dedicated for R.O.W. on the Final plat of Melrose Subdivision recorded in Volume 2970, Page 211 of the Official Records of Brazos County, Texas. Thence N 41° 31' 12" E - 110.82 feet along an old fence line on the southeast line of West Luther Street to a wood stake set in the line between the said Ned Peterson ½ acre tract and the said Ned and Etta Peterson 1-Va acre tract; Thence S 47° 23' 40" E - 20.06 feet along the line between the said Ned Peterson ½ acre tract and the said Ned and Etta Peterson 1-½ acre tract to a ½" iron rod set for the most easterly comer of this tract; Thence S 41° 30' 30" W - 110.54 feet through the said Ned and Etta Peterson tract to a 1/2" iron rod set in the line between the said Ned and Etta Peterson tract and the said Lela McCoy called ½ acre tract; Thence N 48° 10' 13" W - 20.08 feet along the line between the said Ned and Etta Peterson tract and the said Lela McCoy tract to the Point of Beginning and containing 0.051 acres (2221 sq. ft.) of land more or less. EXHIBIT "A" p: ~grouplagen-callcouncil agendaslin-progress~OOO608[mitchell condemnationlresolutioncondemn, doc 5/3 WOO RESOLUTION NO. 6-8-2000-11.14 Page 4 Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, Texas 7784,5 Proposed Luther Street Right-of-Way Addition Ned Peterson Tract Crawford Bumett League College Station, Texas July 17, 1998 All that certain tract or parcel of land lying and being situated in the Crawford Bumett League, Abstract No. 7, in College Station, Brazos County, Texas, being a part of that called ½ acre tract conveyed to Ned Peterson by deed recorded in Volume 78, Page 342 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: Beginning at a ½" iron rod found at an old fence comer in the southeast line of West Luther Street at the intersection of the northeast line of the said Ned Peterson tract and the southeast line of West Luther Street, which is the most westerly comer of that 1.072 acre tract dedicated for R.O.W. as shown on the final plat of Melrose Subdivision recorded in Volume 2970, Page 211 of the Official Records of Brazos County, Texas. Thence S 46° 31' 03" E - 20.05 feet along the northeast line of the said Ned Peterson tract as fenced which is also the boundary between the said Ned Peterson tract and Lot 3 in Block I of the said Melrose Subdivision to a ½" iron rod found at the most southerly comer of the said 1.072 acre tract dedicated for R.O.W.; Thence S 41° 30' 30" W - 110.51 feet through the said Ned Peterson tract to a ½" iron rod set in the line between the said Ned Peterson tract and that tract called 1/2 acre first tract conveyed to Ned Peterson and wife Etta Peterson recorded in Volume 137, Page 634 of the Deed Records of Brazos County, Texas; Thence N 47° 23' 40" W - 20.06 feet along the line between the said Ned Peterson tract and the said Ned and Etta Peterson tract to a wood stake set for the most westerly comer of this tract in an old fence line along the southeast line of West Luther Street; Thence N 41° 31' 12" E - 110.82 feet along an old fence line on the southeast line of West Luther Street to the Point of Beginning and containing 0.051 acres (2219 sq. fi.) of land more or less. EXHIBIT "B" p: lgrouplagen-callcouncd agendaslin-progresslOOO608~rnitchell condemnation[resolutioncondernn, doc 5130/00