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HomeMy WebLinkAbout09-08-16-2h - Resolution - 09/08/2016 RESOLUTION DETERMINING PUBLIC NEED AND NECESSITY RESOLUTION NO. 09-08-16-2h 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 UNIVERSITY DRIVE, FROM HOUSTON STREET/COLLEGE MAIN TO SOUTH COLLEGE AVENUE, COLLEGE STATION, BRAZOS COUNTY, TEXAS FOR THE PURPOSE OF COMPLETING ROADWAY AND PEDESTRIAN IMPROVEMENTS; 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 University Drive Pedestrian Improvements Project — Phases 2A and 2B ("Project"); and WHEREAS,such Project is for the public purpose of improving transportation and providing core services infrastructure; and WHEREAS, such Project is located at or about the following physical location: along University Drive, from Houston Street/College Main to South College Avenue, 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, 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 University Drive Pedestrian Improvements Project — Phases 2A and 2B along University Drive, from Houston Street/College Main to South College Avenue, College Station, Texas for the public purpose of improving transportation and Resolution No. 09-08-16-2h Page 2 of 4 providing core services infrastructure, 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 the fee simple and/or easement interest in a portion of the property 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. ADOPTED this 8th day of September, A.D. 2016. ATTEST: APPROVED: City Secreta MAYOR APPROVED: City Attorney 2 Resolution No. 09-08-16-2h Page 3 of 4 EXHIBIT "A" Address: 104 Houston Street (TAMU), College Station, Texas Owner (Now or Formerly): U.S. Postal Service Property ID (Brazos CAD): 98628 Legal Description: J.E. Scott League, Abstract No. 50, 0.64 acres Address: 501 University Drive, College Station, Texas Owner(Now or Formerly): Greater Texas Federal Credit Union Property ID (Brazos CAD): 44966 Legal Description: Lot 1 (45' of), Block 5, Tauber Addition Address: 505 University Drive, College Station, Texas Owner (Now or Formerly): Dolores H. Wyatt, et al Property ID (Brazos CAD): 44964 Legal Description: Lot 1 (55' of), Block 5, Tauber Addition Address: 509 University Drive, College Station, Texas Owner(Now or Formerly): Bill J. and Frances Cooley Property ID (Brazos CAD): 44967 Legal Description: Lot 2, Block 5, Tauber Addition Address: 601 University Drive, College Station, Texas Owner (Now or Formerly): J&J Skibell, Ltd. Property ID (Brazos CAD): 44970 Legal Description: Lot 1, Block 6, Tauber Addition Address: 609 University Drive, College Station, Texas Owner(Now or Formerly): B/CS Properties, Inc. Property ID (Brazos CAD): 44972 Legal Description: Lot 6, Block 6, Tauber Addition Address: 701 University Drive, College Station, Texas Owner(Now or Formerly): Radakor, LLC Property ID (Brazos CAD): 44973 Legal Description: Lot 1, Block 7, Tauber Addition 3 Resolution No. 09-08-16-2h Page 4 of 4 Address: 707 University Drive, College Station, Texas Owner(Now or Formerly): Branch Banking & Trust Co. Property ID (Brazos CAD): 13582 Legal Description: J.E. Scott League, Abstract No. 50, 0.37 acres Address: 711 University Drive, College Station, Texas Owner (Now or Formerly): Branch Banking & Trust Co. Property ID (Brazos CAD): 13584 Legal Description: J.E. Scott League, Abstract No. 50, 1.453 acres Address: 717 University Drive, College Station, Texas Owner (Now or Formerly): The Rise Property, LLC Property ID (Brazos CAD): 363797 Legal Description: Lot 1, Block 1, 717 Subdivision Address: 731 University Drive, College Station, Texas Owner: Austaco II Real Estate Property ID (Brazos CAD): 13586 Legal Description: J.E. Scott League, Abstract No. 50, 0.516 acres Address: 301 College Avenue (CS), College Station, Texas Owner (Now or Formerly): Culpepper Family, LP Property ID (Brazos CAD): 13581 Legal Description: J.E. Scott League, Abstract No. 50, 4.662 acres Address: 801 University Drive, College Station, Texas Owner (Now or Formerly): McDonald's Corp Property ID (Brazos CAD): 13587 Legal Description: J.E. Scott League, Abstract No. 50, 0.8857 acres Address: 815 University Drive, College Station, Texas Owner (Now or Formerly): Kallison Ranch of Virginia Limited Partnership, LLP Property ID (Brazos CAD): 13590 Legal Description: J.E. Scott League, Abstract No. 50, 0.4242 acres Address: 817 University Drive, College Station, Texas Owner(Now or Formerly): Culpepper Family, LP Property ID (Brazos CAD): 13591 Legal Description: J.E. Scott League, Abstract No. 50, 0.0777 acres 4