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HomeMy WebLinkAbout3-9-2000-14.06 - Resolution - 03/09/2000RESOLUTION NO. 3-9-2000-14.06 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 owners of the property described herein, and one of the owners has been unable to agree with the City of College Station upon the property's fair cash market value and further negotiations for settlement have been futile and impossible because the owner is incompetent and located in California and owner's conservator of her estate, the Public Guardian for the State of California, does not have authority to convey fee simple rifle to property of her estate that is located in Texas; and 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 Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COt J.EGE STATION, TEXAS: PART 1: That the official offer by the City of College Station for the partial interest in land described in the attached Exhibit A, in the amount of One Thousand Five Hundred Ninety-eight Dollars ($1,598.00), is hereby confirmed. PART 2: PART 3: That it is hereby determined that the City of College Station has in fact transmitted a bona fide offer to the property owner by and through the Conservator of her estate, duly appointed by the State of California, in accord with the laws of the State of Texas, for the property described in the attached Exhibit A, and the one partial owner's Conservator of that property and the City of College Station have been unable to agree and cannot agree upon the value of the land or the damages to be paid and further settlement negotiations have become futile and impossible. That public necessity requires the acquisition of the unencumbered fee simple title to the property described in the attached Exhibit A, save and except oil, gas, and sulfur fights with no fight of exploration, for fight-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. ~ ~ch l_netware~ vol l ~group~legallproject~lutherst~resolu~oncondernn.doc 2/28/00 RESOLUTION NO. 3-9-2000-14.06 Page 2 PART 4: PART 5: PART 6: That the City Attorney is hereby authorized and directed to institute proceedings in eminent domain against Annie Mae Hughes by and through the Conservator of her Estate, the Public Guardian, William A. Baker, a partial owner of the property described herein, and against all other owners, lienholders, and other holders of an interest in the property, 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 property lying and being situated in the City of College Station, Brazos County, Texas and described in Exhibit A attached hereto and incorporated herewith. That the City Attomey is hereby authorized to deposit the Award of the Commissioners from aforesaid proceedings into the regisu-y of the Brazos County Court. That this resolution shall take effect immediately from and after its passage. PASSED and APPROVED this 9th day of March ,2000. ATTEST: CONNIE HOOKS, City Secretary APPROVED LYNN~MclLHANEY, Mayor/ APPROVED: Roxanne Nemcik First Assistant City Attorney l lch l_netware[vol l Igroupllegallproject~lutherstlresolutioncondemn. doc 2/28/00 Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, Texas 77845 Proposed Luther Street Right-of-Way Addition Annie Mae Hughes & Mabel Clemons Crawford Bumett League College Station, Texas July 17, 1998 All that certain tract or parcel of land lying and being situated in the Crawford Burnett League, Abstract No. 7, in College Station, Brazos County, Texas, being a part of that called ½ acre tract conveyed to Annie Mae Hughes and Mabel Clemons by deed recorded in Volume 82, Page 589 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: Beginning at a ½" iron rod found at the intersection of the southeast line of West Luther Street and the southwest line of the said Hughes and Clemons tract which is the most northerly comer of that 0.516 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 N 41° 31' 12" E - 127.35 feet along the southeast line of West Luther Street to a wood stake set in the line between the said Hughes and Clemons 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; Thence S 49° 17' 22" E - 20.11 feet along the line between the said McCoy tract and the said Hughes and Clemons tract to a ½" iron rod set for the most easterly comer of this tract; Thence S 41° 30' 30" W - 126.85 feet through the said Hughes and Clemons tract to a ½" iron rod found in the southwest line of the said Hughes and Clemons tract at the most northerly comer of Lot 3A of the said Melrose Subdivision according to replat recorded in Volume 3020, Page 89 of the Official Records of Brazos County, Texas; Thence N 50° 42' 00" W - 20.15 feet along the line between the said Lot 3A and the said Hughes and Clemons tract to the Point of Beginning and containing 0.059ac~ sq. ft.) of land more or less. EXIIIBIT "A"