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08-26-21-9.4 - Resolution - 08/26/2021 RESOLUTIONNO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING THAT A FEE SIMPLE CONTAININGAPPROXIMATELY102.4ACRES OFLAND, IS NEEDED TO BE ACQUIRED FROM GERRY L. SAUM,FOR THE CONSTRUCTION, OPERATION, ANDMAINTENANCE OF A PUBLIC PARK AS A PART OF THE WESTSIDE COMMUNITY PARK 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 Station now finds and determines that public convenience and necessity requires the City of College Stationto acquire a fee simple over and across tracts of land containing approximately 102.4acres,for the construction, operation, and maintenance of a public parkand other public infrastructure in the City of College Station, Texas, a more specific description of said 102.4acre fee simpletractis attached hereto as Exhibit “A” and made a part hereof (herein afterthe “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 anoffer 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: Page 1 of 3 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 afee simple over and across the herein describedLand, and that said offer was not 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.The CityCouncil hereby finds and determines that a public use and necessity exists forthe City of College Station to construct, operate,andmaintaina public park and other public infrastructure purposesas part of the Westside Community Park Project, and to acquire the necessary property rights in the 102.4acre tract of land,deemed necessary for the Westside Community Park 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 madeto 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: Gerry L. Saum, Individually and as Independent Executrix of the Estate of Susan M. Wood or against the real and true owner, owners, claimant, or claimants if Gerry L. Saum, Page 2 of 3 Individually, and as Independent Executrixof the Estate of Susan M. Woodaresaid not to be the owners of the Land. PASSED,APPROVED,AND RESOLVED this dayof, 2021. ____________________________________ Karl Mooney Mayor ATTEST: Tanya D. Smith City Secretary APPROVED AS TO FORM: Carla A. Robinson City Attorney Page 3 of 3 Exhibit A Legal Description – 102± acres Prepared from Recorded Instruments Saum and Wood Tracts Lying Southwest of N. Dowling Road Childress A-95 and Yates A-248 surveys Brazos County, Texas Approximately 102 acres of land, being all of that called 57.01 acre tract described in the deed to Gerry L. Saum and Susan M. Wood recorded in volume 2027, page 236 of the Official Public Records of Brazos County, Texas and all of that called 55.46 acre tract described in the deed to Gerry L. Saum recorded in volume 1122, page 277 of the Official Records of Brazos County, Texas, save and except the 1.4318 acre and 0.8709 acre tracts described in Exhibit B of Cause no. 332-CC in the District Court records of Brazos County, Texas and awarded to Brazos County by judgement in December 1996 for North Dowling Road right-of-way, and further save and except the northeast portions of the called 57.01 acre and 55.46 acre tracts which are located northeast of the 1.4318 acre and 0.8709 acre tracts.