04-13-23-9.6 - Resolution - 04/13/2023Page 1 of 3
RESOLUTION NO. 04-13-23-9.6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS, DETERMINING THAT A PUBLIC UTILITY
EASEMENT CONTAINING APPROXIMATELY 0.714 ACRES OF
LAND IS NEEDED AND NEEDS TO BE ACQUIRED FROM 47 OAKS,
LLC, FOR THE CONSTRUCTION, OPERATION, AND
MAINTENANCE OF A PUBLIC UTILITY EASEMENT AS A PART OF
THE COLLEGE STATION NORTHWEST ELECTRIC
SUBSTATION 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 Station to acquire a public utility
easement over and across tracts of land containing approximately 0.714 acres for the construction,
operation, and maintenance of a public utility easement in the City of College Station, Texas, a
more specific description of said 0.714 acre public utility easement is attached hereto as Exhibit
“A” and made a part hereof (herein after the “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
has been 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,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS:
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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 Station finds that a bona fide
offer has been made by duly authorized representatives of the City for the acquisition of a public
utility easement over and across the herein described Land, and that said offer was not accepted,
and that the only way for the City of College Station to acquire such interest in said tract of land
is through the filing of eminent domain proceedings.
Section 3. The City Council hereby finds and determines that a public use and
necessity exists for the City of College Station to construct, operate, and maintain a public utility
easement as part of the College Station Northwest Electric Substation Project, and to acquire
the necessary property rights in the 0.714 acre public utility easement, deemed necessary for the
College Station Northwest Electric Substation Project, as allowed by law, together with all
necessary appurtenances, additions and improvements on, over, under, and through those certain
lots, tracts or parcels of land.
Section 4. The final 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 his designee, is hereby authorized to bring eminent
domain proceedings on behalf of the City of College Station under 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: 47 Oaks, LLC, or against the real and true owner, owners, claimant, or claimants if
47 Oaks, LLC is said not to be the owners of the Land.
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PASSED, APPROVED, AND RESOLVED this day of , 2023.
John Nichols
Mayor
ATTEST:
Tanya D. Smith
City Secretary
APPROVED AS TO FORM:
Adam C. Falco
City Attorney
13th April