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Home My WebLink About09-10-15-2g - Resolution - 09/10/2015 RESOLUTION DETERMINING PUBLIC NEED AND NECESSITY RESOLUTION NO. 09-10-15-2g 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 AT 17150 ROCK PRAIRIE ROAD and 17188 ROCK PRAIRIE ROAD, COLLEGE STATION, BRAZOS COUNTY, TEXAS 77845 FOR THE PURPOSE OF THE LICK CREEK LAND BUFFER 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 Lick Creek Land Buffer project("Project"); and WHEREAS, such Project is for the public purpose of wastewater treatment and services; and WHEREAS, such Project is located at or about the following physical location: 17150 Rock Prairie Road and 17188 Rock Prairie Road, College Station, Brazos County, Texas 77845; 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, 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 Lick Creek Land Buffer Project at 17150 Rock Prairie Road and 17188 Rock Prairie Road, College Station, Brazos County, RESOLUTION NO. 09-10-15-2g Page 2 Texas77845 for the public purpose of wastewater treatment and services, 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 a_fee simple and 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. PART 9: That this Resolution shall take effect immediately from and after its passage. RESOLUTION NO. 09-10-15-2g Page 3 APPROVED AND ADOPTED by the City Council of the City of College Station this 10th day of September, 2015. ATTEST: APPROVED: cretar MAYOR City Se y APPROVED: iaa A9k3/Prht City Attorney RESOLUTION NO. 09-10-15-2g Page 4 EXHIBIT "A" Project includes the acquisition of: A fee simple interest in no more than 20 acres of the Property. Said 20 acres depicted by the attached map; and An easement interest to limit development of the remaining Property. Property: Owner: Debra Dayhoff Sikes Address: 17150 Rock Prairie Road Tax ID: 24896 Legal Description: 144.43 acres of land lying and being situated in the in the S.W. Robertson Survey, A-202, Brazos County, Texas, being part of Tracts L1, L2, L3 and L4, Ray Cowart Subdivision in Brazos County, Texas, according to the plat recorded in Volume 300, Page 299, Deed Records of Brazos County, Texas and being all of that property conveyed to Debra Dayhoff Sikes by Deeds recorded in Volume 11128, Page 293 and Volume 11128, Page 296, Official Records of Brazos County, Texas; and Owner: Debby Sikes Address: 17188 Rock Prairie Road Tax ID: 24897 Legal Description: 5.51 acres of land lying and being situated in the in the S.W. Robertson Survey, A-202, Brazos County, Texas, being part of Tracts L1, L2 and L3, Ray Cowart Subdivision in Brazos County, Texas according to the plat recorded in Volume 300, Page 299, Deed Records of Brazos County, Texas, and being all of that tract conveyed to Debby Sikes by Deed recorded in Volume 5783, Page 225 Official Records of Brazos County, Texas. Following: Map RESOLUTION NO. 09-10-15-2g Page 5 i ;I Lick Creek Land Buffer ` e ge Qhs p ;. Ill,l"•r� i [i,' •FL 'If110' - r _ .. /'ylf�UAf1i1.3[e �..„,, NJnst water ji y. ri,qinti a¢, : Trratin€nt PI Int i C t ` 2,....., : c m E tc ----' -,..'N.— N a0