06-08-95-C-2 - Resolution - 06/08/1995q so[ution
RESOLUTION NO. 06-08-95-C-2
A RESOLUTION AUTHORIZING THE MAYOR, CITY MANAGER, AND
CITY ATTORNEY TO ACQUIRE AN INTEREST IN LOTS 24, 26, AND
32 OF BLOCK E, LOTS 7, 14, 30, 32, 35, 36, 37, AND 38 OF BLOCK
F, AND LOTS 3, 10, 14, 16, 23, 25, 26, 33, AND 34 OF BLOCK G,
EASTMARK SUBDIVISION, FOR THE PURPOSE OF REVOKING
ARTICLE VI, SECTION 1 OF THE SUBDIVISION COVENANTS
RESTRICTING THE SUBDIVISION TO RESIDENTIAL USE FOR THE
DEVELOPMENT AND CONSTRUCTION OF PARKING FACILITIES
FOR THE WOLF PEN CREEK AMPHITHEATER, AND FOR OTHER
PUBLIC FACILITIES, AND OTHER PUBLIC PURPOSES WHICH THE
CITY COUNCIL MAY DETERMINE FROM TIME TO TIME.
WHEREAS, the City of College Station having determined a necessity
and having signed a contract for the purchase of Lots 1 through 18 of
Block H, Eastmark Subdivision, for the purpose of developing and
constructing parking facilities for the Wolf Pen Creek Amphitheater, and
for other public facilities, and other public purposes which the City Council
may determine from time to time;
WHEREAS, the City Council having determined that before it can
complete the purchase of the 18 lots it is necessary to have the lot
owners of the Eastmark Subdivision revoke Article VI, Section 1 of the
subdivision covenants restricting the subdivision to residential use;
WHEREAS, the City Council having determined it is necessary to acquire
an interest in the tracts of land described above, and that the public need
requires the acquisition of same in such manner as to make the property
available for lawful use for such purpose; and
WHEREAS, the City Council having determined that the owners of the
lots mentioned above have not given their written release and waiver to
the above-mentioned subdivision convenant;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
College Station that an interest in the tracts of land described as Lots 24,
26, and 32 of Block E, Lots 7, 14, 30, 32, 35, 36, 37, and 38 of Block F,
and Lots 3, 10, 14, 16, 23, 25, 26, 33, and 34 of Block G, Eastmark
Subdivision, shall be acquired by the City; and the reasonable cash
market value of same shall be determined and paid according to law,
either by voluntary purchase or by condemnation; and that the City
Manager, the Mayor, and the City Attorney are authorized to take any and
all necessary actions to obtain and pay for such property, including the
marketable fee simple title thereto, free and clear of any restrictions or
covenants inconsistent with the use of same for all lawful purpose.
Further, that the City Attorney is by this resolution expressly authorized to
initiate and pursue condemnation proceedings and any other necessary
litigation incident to the purpose herein set forth,
PASSED AND APPROVED this 8 th day of June, 1995.
APPROVED:
CONNIE HOOKS~