02-25-21-4.5 - Resolution - 02/25/2021
RESOLUTION NO.
ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS, DETERMINING THAT AN EASEMENT
CONTAINING0.086ACRES OFLAND, IS NEEDED TO BE ACQUIRED
FROM HRKR, 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 INFRASTRUCTUREAS 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 0.086,acres,for the construction,operation,
maintenance, inspection, replacement, and removal of one or more public utility linesand other
public infrastructurein the City of College Station, Texas, a more specific description of said
0.086acre easementis attached hereto as Exhibit “A” 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
WHEREAS, the City Council of the City of College 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,
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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 City of College Stationfinds that abona fide offer
has been madeby duly authorized representatives of theCity for the acquisition of aneasement
over and across the herein described tract of the Land, and that said offer wasnot accepted, and
that the only way for the City of College Stationto acquire such interest in said tract of land is
through the filing of eminent domain proceedings.
Section 3.TheCityCouncil hereby finds and determines that a public use and
necessity exists for the City of College 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 rights in
the 0.086acre tract of land,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.
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: HRKR, LLC, a Texas limited liability companyor against the real and true owner,
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owners, claimant, or claimants if HRKR, 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