08-27-15-2g - Resolution - 08/27/2015 RESOLUTION DETERMINING PUBLIC NEED AND NECESSITY
RESOLUTION NO. 08-27-15-2g
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION,TEXAS,DETERMINING PUBLIC NEED AND NECESSITY FOR THE
CITY TO INITIATE, COMPLETE, AND ACQUIRE CERTAIN PROPERTY
LOCATED ALONG MUNSON AVENUE, COLLEGE STATION, BRAZOS
COUNTY, TEXAS, FOR THE PURPOSE OF THE MUNSON STREET REHAB
PROJECT; AUTHORIZING THE CITY AND ITS REPRESENTATIVES AND
EMPLOYEES TO TAKE ANY AND ALL REASONABLE ACTIONS TO
ACHIEVE SAME; AND CONTAINING OTHER PROVISIONS RELATED TO
THE SUBJECT MATTER.
WHEREAS, the City of College Station, Texas ("City") is a home rule municipality duly
incorporated and chartered under the constitution and laws of the state of Texas; and
WHEREAS, the City is engaged in the Munson Street Rehab Project("Project"); and
WHEREAS, such Project is for the public purpose of rehabilitating roadways and
sidewalks; and
WHEREAS, such Project is located at or about the following physical location: the
southeast corner of the intersection of Lincoln Avenue and Munson Avenue, and the
southeast corner of the intersection of Francis Drive and Munson Avenue in College
Station, Brazos County, Texas; and
WHEREAS, such Project will necessitate the acquisition of land as set forth in this
Resolution; and
WHEREAS,the City Council of the City desires to acquire land for the Project to achieve
the aforesaid public purpose,and herein determines it to be in the best interest of its citizens
and the general public to designate its lawful agents and representatives, including City
staff, to achieve same, now therefore,
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That the facts and recitations set forth in the preamble of this Resolution are
hereby declared true and correct.
PART 2: That the City Council of the City of College Station, Texas, herein
determines it to be in the best interest of its citizens and the general public
to commence the Munson Street Rehab Project at the southeast corner of
the intersection of Lincoln Avenue and Munson Avenue, and the southeast
corner of the intersection of Francis Drive and Munson Avenue in College
Station, Brazos County, Texas, for the public purpose of rehabilitating
roadways and sidewalks, and to take any and all reasonable action to
achieve completion of the Project, including the acquisition of property.
PART 3: That the Project will require the acquisition of an easement interest in the
property as described in Exhibit"A"attached hereto and made a part of this
Resolution ("Property").
PART 4: That the City's representatives, agents, and staff are hereby authorized to
acquire the Property pursuant to applicable law, including Chapter 2206
Texas Government Code and Chapter 21 Texas Property Code as same may,
from time to time,be amended; and to specifically provide the Landowner's
Bill of Rights to landowners, and to conduct such land appraisals as may be
desired and as may be required by law.
PART 5: That adoption of this Resolution shall not authorize the City's
representatives, agents, and staff to proceed to condemnation without first
obtaining express authority to condemn from the City Council.
PART 6: That the City Manager is hereby authorized to direct and designate City staff
and to contract with one or more agents or representatives as deemed
appropriate to act on behalf of the City to acquire the Property, including
contracting with professional appraisers for appraisal services, and
contracting with professional real estate agents to act as a land agent for the
City relating to acquisition of the Property.
PART 7: That the City Attorney and his authorized designee be hereby authorized to
execute those documents necessary to close on the purchase of the Property.
PART 8: That the City Manager and his authorized designee be authorized to sell any
surplus improvements and to order the removal or the demolition of any
improvements that are located on the Property that in their determination
hinder or are unnecessary to completion of the Project.
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PART 9: That this Resolution shall take effect immediately from and after its
passage.
ADOPTED this cg 76— day of ,2015
ATTEST: APPROVED:
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;Ne'LL'. c _A-uci,-1.- /2-4)-cr-t-ir
City Secre ry Mayor
APPROVED:
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r 0 ?WC.>
City Attorney
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EXHIBIT "A"
Being all those tracts or parcels of land necessary to complete a street rehabilitation project
located along Munson Avenue in College Station, Brazos County, Texas. Said route
depicted on the map attached hereto and made part hereof. The parcels needed in easement
interest for the project may be acquired from the following lands:
Landowner(Now or Formerly): KASPAR, WILLIAM PAUL AND WENDI ARANT
Brazos County Appraisal District Property ID: 49724
Street Address: 901 Munson Avenue, College Station, Texas
Legal Description: Lot 1R, College Hills Woodland Estates, according to amending plat
recorded in Volume 6046, Page 258, Official Records of Brazos County, Texas.
Landowner (Now or Formerly): HILLIN III INTERESTS, LC
Brazos County Appraisal District Property ID: 49732
Street Address: 1000 Francis Drive, College Station, Texas
Legal Description: Lot 8-A, College Hills Woodland Estates, as described in Warranty
Deed recorded in Volume 10673, Page 223, Official Records of Brazos County, Texas.
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