02-25-21-4.4 - Resolution - 02/25/2021
RESOLUTION NO.
ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS, DETERMINING THAT AN EASEMENT
CONTAINING1.092ACRES OFLAND, AND A TEMPORARY
CONSTRUCTION EASEMENT CONTAINING 0.541ACRES,IS NEEDED
TO BE ACQUIRED FROM BRAZOS RE INVESTORS GROUP, LLC, A
TEXAS LIMITED LIABILITY COMPANY, FOR THE CONSTRUCTION,
OPERATION,MAINTENANCE, INSPECTION, REPLACEMENT, AND
REMOVAL OF ONE OR MORE PUBLIC UTILITY LINES AND OTHER
PUBLIC INFRASTRUCTURE AS PART OF STATE HIGHWAY 6
WATERLINE, PHASE 3 PROJECT FOR THE CITY OF COLLEGE
STATION, TEXAS; AND AUTHORIZING THE INSTITUTION OF
EMINENT DOMAIN PROCEEDINGS.
* * * * *
WHEREAS, the City Council of the City of College Stationnow finds and determines
that public convenience and necessity requires the City of College Stationto acquire an easement
over and across tracts of land containing 1.092,acrestogether with a temporary construction
easement containing approximately 0.541acres,for the construction,operation,maintenance,
inspection, replacement, and removal of one or more public utility linesand other public
infrastructure in the City of College Station, Texas, a more specific description of said 1.092acre
easementis attached hereto as Exhibit “A” and made a part hereof, and a more specific
description of said 0.541acre temporary construction easement is attached hereto as Exhibit “B”
and made a part hereof (collectivelythe “Land”); and
WHEREAS, the City of College Station, through its duly authorized representatives, has
negotiated with the owners of the Land for the purchase of same for the purpose stated herein
and hasbeen unable to agree with such owners as to the fair cash market value thereof and
damages, if any; and
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WHEREAS, the City Council of the City ofCollege Station has authorized the City
Manager or his designee to make an offer to the owners of the Land for the purchase of same
based upon its appraised value, and such offer has been made and the owner has refused to
accept such final offer; now therefore,
BE IT RESOLVED BY THE CITY COUNCILOF THE CITY OF COLLEGE
STATION, TEXAS:
Section 1.The facts and recitals set forth in the preamble of this resolution are
hereby found to be true and correct.
Section 2.The City Council of the Cityof College Stationfinds that abona fide offer
has been madeby duly authorized representatives of theCity for the acquisitionof aneasement
and temporary construction easement over and across the herein describedLand, and that said
offer was notaccepted, and thatthe only way for the City ofCollege Stationto acquire such
interest in said is through the filing of eminent domain proceedings.
Section 3.The CityCouncil hereby finds and determines that a public use and
necessity exists for the City ofCollege Stationto construct, operate,maintain,inspect, replace,
and remove one or more public utilitylinesand other public infrastructure purposesas part of
the State Highway 6 Waterline, Phase 3Project,and to acquire the necessary property rightsin
the 1.092acre tract of land, and a0.541acre temporary construction easement, deemed
necessary for expansion of the State Highway 6 Waterline, Phase 3 Project, as allowedby law,
together with all necessary appurtenances, additions and improvements on, over, under, and
through those certain lots, tracts or parcels of land.
Section 4.Thefinal offer heretofore made to the owner for the purchase of the Land
is in all things hereby ratified and confirmed.
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Section 5.The City Attorney, or her designee,is hereby authorized to bring eminent
domain proceedings on behalf of the City of College Stationunder applicable provisions of law,
whether provided by §251.001 of the Texas Local Government Code, as amended, Chapter 21 of
the Texas Property Code, or by any other provision of law, against the owner or owners of the
Land, to-wit: Brazos REInvestors Group, LLC, a Texas limited liability companyor against the
real and true owner, owners, claimant, or claimants if Brazos RE Investors Group, LLC,a Texas
limited liability companyissaid not to be the owner of the Land.
PASSED,APPROVED, AND RESOLVED this day of, 2021.
____________________________________
Karl Mooney
Mayor
ATTEST:
Tanya D. Smith
City Secretary
APPROVED AS TO FORM:
Carla A. Robinson
City Attorney
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A
B