12-11-97-6-n - Resolution - 12/11/1997A 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 RIGHT-OF-WAY PURPOSES OF THE PARKING GARAGE
PROJECT, AND ORDERING THE CONDEMNATION OF SAID PROPERTY
TO PROCEED.
WHEREAS, the City Council of the City of College Station has heretofore deter-
mined to acquire the right-of-way necessary for a parking garage for the Northgate
Area; 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 owners of the property described herein,
and the owners have been unable to agree with the City of College Station upon
the property's fair cash market value and further negotiations for settlement has
been futile and impossible; and
WHEREAS, the City of College Station has complied with all prerequisites of the
laws of the State of Texas and the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (and the revisions of same), and
condemnation has become necessary in order to acquire the unencumbered fee
simple title, save and except oil, gas and sulphur rights with no fights 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 Eighty-five Thousand and
No/100 Dollars ($85,000.00), 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 owners, 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 owners
of that property and the City of College Station have been unable to
agree and cannot agree upon the value of the land or the damages
to be paid and further settlement negotiations have become futile
and impossible.
RESOLUTION NO. 12-11-97-6-n
Page 2
PART 3:
PART 4:
That public necessity requires the acquisition of the unencumbered
fee simple title to the property described below, save and except oil,
gas, and sulphur fights with no fight of exploration, for fight-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.
That the City Attorney is hereby authorized and directed to institute
proceedings in eminent domain against Abbas Ali Itassan and
wife, Laila Hassan, owners of 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 fee
simple interest, save and except oil, gas, and sulphur 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 Lots
Twenty-one (21) and Twenty-two (22), Block Six-Seven
(6-7), W.C. BOYETT ESTATE PARTITION, an addition
to the City of College Station, Texas, according to plat
recorded in Volume 100, Page 400, Deed Records of
Brazos County, Texas.
PART 5:
PART 6:
That the City Attorney is hereby authorized to deposit the Award
of the Commissioners from aforesaid proceedings into the registry
of the Brazos County Court.
That this resolution shall take effect immediately from and after its
passage.
PASSED and APPROVED this 1 t t h
ATTEST:
CONNIE I-IOOKS, City Secretary
day of DECEMBER ,1997.
APPROVED
LYNN MclLHANEY, MayJff
RESOLUTION NO. 12 - 1 t ~ 9 7 = 6 - n
Page 3
APPROVED:
Harvey Cargi~r., City.~