10-14-99-11.25 - Resolution - 10/14/1999RESOLUTION DETERMINING NEED
RESOLUTION NO. 10-14-99-11.25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE CERTAIN PROPERTY;
GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE PROPERTY FOR
THE CHERRY STREET IMPROVEMENTS PROJECT; AND ESTABLISHING
PROCEDURES FOR THE ACQUISITION OF PROPERTY.
WHEREAS, it is necessary to establish procedures for determining the establishment and
approval of just compensation for each of the parcels to be acquired for the Cherry Street
Improvements Project; and
WHEREAS, there may be improvements located on some of the real property acquired for this
project and such improvements may be required to be moved or demolished prior to the
beginning of the project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS:
PART 1'
That the City Council of the City of College Station, Texas, hereby officially
determines that there is a public necessity for improvements to Cherry Street
including curb, gutter and stormwater facilities and the public welfare and
convenience will be served by the acquisition of the properties described as follows;
A 135 SQUARE FOOT TRACT OUT OF A 0.205 ACRE TRACT RECORDED
IN THE BRAZOS COUNTY COURTHOUSE VOL 222 PAGE 53
A 279 SQUARE FOOT TRACT OUT OF A 0.212 ACRE TRACT RECORDED
IN THE BRAZOS COUNTY COURTHOUSE VOL 134 PAGE 348
A 181 SQUARE FOOT TRACT OUT OF A 0.303 ACRE TRACT RECORDED
IN THE BRAZOS COUNTY COURTHOUSE VOL 245 PAGE 583
A 485 SQUARE FOOT TRACT OUT OF A 0.303 ACRE TRACT RECORDED
IN THE BRAZOS COUNTY COURTHOUSE VOL 245 PAGE 583
A 263 SQUARE FOOT TRACT OUT OF A 0.212 ACRE TRACT
RECORDED IN THE BRAZOS COUNTY COURTHOUSE VOL 134 PAGE
348
A 197 SQUARE FOOT TRACT OUT OF A 0.303 ACRE TRACT
RECORDED IN THE BRAZOS COUNTY COURTHOUSE VOL 245 PAGE
583
A 405 SQUARE FOOT TRACT OUT OF A 0.098 ACRE TRACT RECORDED
IN THE BRAZOS COUNTY COURTHOUSE VOL 2173 PAGE 278
A 403 SQUARE FOOT TRACT OUT OF A 0.235 ACRE TRACT RECORDED
IN THE BRAZOS COUNTY COURTHOUSE VOL 438 PAGE 465
A 502 SQUARE FOOT TRACT OUT OF A 0.172 ACRE TRACT RECORDED
IN THE BRAZOS COUNTY COURTHOUSE VOL 343 PAGE 599
A 1211 SQUARE FOOT TRACT OUT OF A 0.516 ACRE TRACT RECORDED
IN THE BRAZOS COUNTY COURTHOUSE VOL 2320 PAGE 123
A 1189 SQUARE FOOT TRACT OUT OF A 0.582 ACRE TRACT RECORDED
IN THE BRAZOS COUNTY COURTHOUSE VOL 1869 PAGE 119
A 533 SQUARE FOOT TRACT OUT OF A 0.084 ACRE TRACT RECORDED
IN THE BRAZOS COUNTY COURTHOUSE VOL 583 PAGE 421
A 511 SQUARE FOOT TRACT OUT OF A 0.514 ACRE TRACT RECORDED
IN THE BRAZOS COUNTY COURTHOUSE VOL 2548 PAGE 10
A 307 SQUARE FOOT TRACT OUT OF A 0.217 ACRE TRACT RECORDED
IN THE BRAZOS COUNTY COURTHOUSE VOL 1611 PAGE 52
A 584 SQUARE FOOT TRACT OUT OF A 0.318 ACRE TRACT RECORDED
IN THE BRAZOS COUNTY COURTHOUSE VOL 1557 PAGE 243
A 391 SQUARE FOOT TRACT OUT OF A 0.208 ACRE TRACT RECORDED
IN THE BRAZOS COUNTY COURTHOUSE VOL 1220 PAGE 471
A 316 SQUARE FOOT TRACT OUT OF A 0.189 ACRE TRACT RECORDED
IN THE BRAZOS COUNTY COURTHOUSE VOL 801 PAGE 424
PART 2:
PART 3:
for all purposes as part of the Cherry Street Improvements Project in the City of
College Station, Texas, for the purpose of installing curb, gutter and storm drainage
improvements and to adjust utility lines as needed to accommodate such
improvements.
That the City Manager is hereby authorized to contract, on behalf of the City of
College Station, with a professional appraiser for the appraisal services, with a
professional real estate agent to act as a land agent for the City and with attorneys
for preparation of title opinions needed by the City from time to time in connection
with acquisition of the property for the Cherry Street Improvements Project.
That the City's Land Agent or other staff appraiser is hereby authorized and
directed to examine the independent appraisal reports as they are submitted to said
city to determine whether said appraisal reports are supported by sufficient data.
Based upon such examination of said appraisal reports, the Land Agent or other
appraiser shall make a recommendation to the City Manager as to the establishment
and approval of the amount of the just compensation for said parcek
PART 4:
PART 5'
PART 6:
PART 7:
PART 8:
PART 9:
That the City Council determines that it will waive paving assessments against
parcels abutting the roadway from which any portion of said parcel is needed by
City for realignment of the right-of-way if the property owner dedicates the portion
of the property necessary for the realignment to the City. The City Manager may
execute said waivers on behalf of the City of College Station where the value of the
assessment is comparable to the portion of the property acquired for the right-of-
way or where the value of the assessment is used to offset the value of the portion
of the property acquire&
After consideration of said recommendation, the City Manager shall establish and
approve the amount determined for acquisition of the parcels.
Upon establishment and approval by the City Manager of the amount of just
compensation for the acquisition, the City's Land Agent is authorized to
communicate a written offer to the owners of said parcels for the acquisition of said
parcels at the full amount determined and established to be just compensation
therefore and to negotiate with said owners on behalf of the City.
That the Mayor after approval by City Council is hereby authorized to execute all
documents necessary to acquire each of the parcels needed for said project, on
behalf of the City of College Statiom
That the City Manager be and is hereby authorized to sell such surplus
improvements, or order the demolition thereof, if any, located on the real property
acquired in connection with this project.
That this resolution shall take effect immediately from and after its passage.
ADOPTED this 14th day of
CONNIE HOOKS, City Secretary
October , A.D. 1999.
APPROVED:
~-YNI~ 0MclLHANEY, Mayo,F/
APPROVED:
HARVEY G__~GILL,~, .~ttomey