1-28-99-12.13 - Resolution - 01/28/1999RESOLUTION NO. 1-28-99-12.13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, DECLARING THE NECESSITY FOR ACQUIRING BY CONDEMNATION THE
FEE SIMPLE TITLE TO CERTAIN DESCRIBED PROPERTY FOR THE NORTHGATE
PUBLIC PARKING GARAGE PROJECT, AND ORDERING THE CONDEMNATION OF
SAID PROPERTY TO PROCEED.
WHEREAS, the City Council of the City of College Station has heretofore determined the need
to acquire the property necessary for the Northgate Public Parking Garage Project; and
WHEREAS, an independent professional appraisal report of the subject property has been
submitted to the City, and the City Manager has accordingly established and approved a certain
amount determined to be just compensation for that parcel, pursuant to the authority granted him
by resolution of the City council on September 11, 1997; and
WHEREAS, an official written offer based upon the amount determined to be just compensation
has been transmitted to the owner of the property described herein, and although the owner has
agreed with the City of College Station upon the property's fair cash market value and the owner
has executed a Real Estate Contract with an effective date of June 23, 1998, the owner has been
unable to fulfill his obligations under the contract in order to convey clear title to the property;
and further negotiations are futile and impossible; and
WHEREAS, the City of College Station has complied with all prerequisites of the law, the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (and revisions
of same) and condemnation has become necessary in order to acquire the unencumbered fee
simple title, save and except oil, gas and sulfur rights with no rights of exploration, to the property
described below; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1:
That the official offer by the City of College Station for the land described below,
in the amount of One Hundred Sixty Thousand and No/100 Dollars ($160,000.00)
is hereby confirmed.
PART 2:
That it is hereby determined that the City of College Station has in fact transmitted
a bona fide offer to the property owner, in accord with the laws of the State of
Texas and the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (and revision of same), for the property described below, and
the owner of that property has been unable to fulfill his obligations under the Real
Estate Contract dated June 23, 1998, because he cannot convey clear title to the
property and further negotiations have become futile and impossible.
PART 3:
That public necessity requires the acquisition of the unencumbered fee simple title
to the property described below, save and except oil, gas, and sulfur rights with no
right of exploration, for right-of-way purposes of the Northgate Public Parking
Garage Project in the City of College Station, Texas; and that public necessity and
convenience require the condemnation of this property in order to acquire it for
such purpose.
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RESOLUTION NO. 1-28-99-12.13 Page 2
PART 4:
PART
That the City of College Station Legal Department is hereby authorized and
directed to institute proceedings in eminent domain against Mont Lawyer, owner
o£ the property described herein, and against all other owners, lienholders, and
other holders of an interest in the property, in order to acquire the unencumbered
tee simple interest, save and except oil, gas, and sulfur rights with no right of
exploration, in and to the following described property laying and being situated in
the City of College Station, Brazos County, Texas, to-wit:
Being all those certain lots, tracts or parcels of land lying and being
situated in Brazos County, Texas, and being Lot 14, Block 5, and Lots
Nineteen (19) and Twenty (20), Block 6-7, W.C. Boyett Estate Partition,
an addition to the City of College Station, Texas, according to plat
recorded in Volume 100, Page 440, Deed Records of Brazos County,
Texas.
That this resolution shall take effect immediately from and after its passage.
PASSED and APPROVED this 28t. h day of JANUARY p 1999.
APPROVED
ATTEST:
Conuie Hooks, City Secretary
Lynr/l(/[cllhaney, Mayor /
APPROVED:
city Attorney(-"/
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