09-10-15-2g - Resolution - 09/10/2015 RESOLUTION DETERMINING PUBLIC NEED AND NECESSITY
RESOLUTION NO. 09-10-15-2g
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION,TEXAS,DETERMINING PUBLIC NEED AND NECESSITY FOR THE
CITY TO INITIATE, COMPLETE, AND ACQUIRE CERTAIN PROPERTY
LOCATED AT 17150 ROCK PRAIRIE ROAD and 17188 ROCK PRAIRIE ROAD,
COLLEGE STATION, BRAZOS COUNTY, TEXAS 77845 FOR THE PURPOSE
OF THE LICK CREEK LAND BUFFER PROJECT; AUTHORIZING THE CITY
AND ITS REPRESENTATIVES AND EMPLOYEES TO TAKE ANY AND ALL
REASONABLE ACTIONS TO ACHIEVE SAME; AND CONTAINING OTHER
PROVISIONS RELATED TO THE SUBJECT MATTER.
WHEREAS, the City of College Station, Texas ("City") is a home rule municipality duly
incorporated and chartered under the constitution and laws of the state of Texas; and
WHEREAS,the City is engaged in the Lick Creek Land Buffer project("Project"); and
WHEREAS, such Project is for the public purpose of wastewater treatment and services;
and
WHEREAS, such Project is located at or about the following physical location: 17150
Rock Prairie Road and 17188 Rock Prairie Road, College Station, Brazos County, Texas
77845; and
WHEREAS, such Project will necessitate the acquisition of land as set forth in this
Resolution; and
WHEREAS,the City Council of the City desires to acquire land for the Project to achieve
the aforesaid public purpose,and herein determines it to be in the best interest of its citizens
and the general public to designate its lawful agents and representatives, including City
staff,to achieve same, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION,TEXAS:
PART 1: That the facts and recitations set forth in the preamble of this Resolution are
hereby declared true and correct.
PART 2: That the City Council of the City of College Station, Texas, herein
determines it to be in the best interest of its citizens and the general public
to commence the Lick Creek Land Buffer Project at 17150 Rock Prairie
Road and 17188 Rock Prairie Road, College Station, Brazos County,
RESOLUTION NO. 09-10-15-2g Page 2
Texas77845 for the public purpose of wastewater treatment and services,
and to take any and all reasonable action to achieve completion of the
Project, including the acquisition of property.
PART 3: That the Project will require the acquisition of a_fee simple and easement
interest in the property as described in Exhibit "A" attached hereto and
made a part of this Resolution("Property").
PART 4: That the City's representatives, agents, and staff are hereby authorized to
acquire the Property pursuant to applicable law, including Chapter 2206
Texas Government Code and Chapter 21 Texas Property Code as same may,
from time to time,be amended;and to specifically provide the Landowner's
Bill of Rights to landowners, and to conduct such land appraisals as may be
desired and as may be required by law.
PART 5: That adoption of this Resolution shall not authorize the City's
representatives, agents, and staff to proceed to condemnation without first
obtaining express authority to condemn from the City Council.
PART 6: That the City Manager is hereby authorized to direct and designate City staff
and to contract with one or more agents or representatives as deemed
appropriate to act on behalf of the City to acquire the Property, including
contracting with professional appraisers for appraisal services, and
contracting with professional real estate agents to act as a land agent for the
City relating to acquisition of the Property.
PART 7: That the City Attorney and his authorized designee be hereby authorized to
execute those documents necessary to close on the purchase of the Property.
PART 8: That the City Manager and his authorized designee be authorized to sell any
surplus improvements and to order the removal or the demolition of any
improvements that are located on the Property that in their determination
hinder or are unnecessary to completion of the Project.
PART 9: That this Resolution shall take effect immediately from and after its
passage.
RESOLUTION NO. 09-10-15-2g Page 3
APPROVED AND ADOPTED by the City Council of the City of College Station this
10th day of September, 2015.
ATTEST: APPROVED:
cretar MAYOR
City Se y
APPROVED:
iaa A9k3/Prht
City Attorney
RESOLUTION NO. 09-10-15-2g Page 4
EXHIBIT "A"
Project includes the acquisition of:
A fee simple interest in no more than 20 acres of the Property. Said 20 acres
depicted by the attached map; and
An easement interest to limit development of the remaining Property.
Property:
Owner: Debra Dayhoff Sikes
Address: 17150 Rock Prairie Road
Tax ID: 24896
Legal Description: 144.43 acres of land lying and being situated in the in the
S.W. Robertson Survey, A-202, Brazos County, Texas, being part of Tracts L1,
L2, L3 and L4, Ray Cowart Subdivision in Brazos County, Texas, according to
the plat recorded in Volume 300, Page 299, Deed Records of Brazos County,
Texas and being all of that property conveyed to Debra Dayhoff Sikes by Deeds
recorded in Volume 11128, Page 293 and Volume 11128, Page 296, Official
Records of Brazos County, Texas; and
Owner: Debby Sikes
Address: 17188 Rock Prairie Road
Tax ID: 24897
Legal Description: 5.51 acres of land lying and being situated in the in the
S.W. Robertson Survey, A-202, Brazos County, Texas, being part of Tracts L1,
L2 and L3, Ray Cowart Subdivision in Brazos County, Texas according to the
plat recorded in Volume 300, Page 299, Deed Records of Brazos County, Texas,
and being all of that tract conveyed to Debby Sikes by Deed recorded in Volume
5783, Page 225 Official Records of Brazos County, Texas.
Following: Map
RESOLUTION NO. 09-10-15-2g Page 5
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