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HomeMy WebLinkAbout10-13-16-02 - Resolution - 10/13/2016 RESOLUTION DETERMINING PUBLIC NEED AND NECESSITY RESOLUTION NO. 10-13-16-02 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 ON THE WEST SIDE OF FM 2154 AT CAPSTONE DRIVE, COLLEGE STATION, BRAZOS COUNTY, TEXAS FOR THE PURPOSE OF REALIGNING CAPSTONE DRIVE TO CONNECT WITH BARRON ROAD AT AN INTERSECTION ON FM 2154; 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 Capstone/Barron Road Realignment Project ("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: at the proposed intersection of Capstone Drive and Barron Road on FM 2154, 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 of College Station, Texas, 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 Capstone/Barron Road Realignment Project at the proposed intersection of Capstone Drive and Barron Road on FM 2154,College Station,Texas for the public purpose of improving transportation and providing core services infrastructure, and Resolution No. 10-13-16-02 Page 2 of 4 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 or her 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 or her 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 13th day of October, A.D. 2016. ATTEST: APPROVED: C-44-AAINIL-f04i-AL4,____--- -W-'0,-c--ij- -.7.16- 4-7-`11-r City Sec ary MAYOR 11 P11 �O �: �� il ty Attorney 2 Resolution No. 10-13-16-02 Page 3 of 4 EXHIBIT "A" Address: 13983 Alacia Court, College Station, Texas Owner: Tracie Thomas Keller Property ID (Brazos CAD): 103028 Legal Description: Lot 1, Willow Run Ph 3A, 2.425 acres Address: 13964 Alacia Court, College Station, Texas Owner: Jose and Sonia Perez Property ID (Brazos CAD): 103078 Legal Description: Lot 50, Willow Run Ph 3A, 3.219 acres Address: 3201 Boulder Court, College Station, Texas Owner: Breck-CS Commercial, LLC Property ID (Brazos CAD): 345655 Legal Description: Lot 8, Block 2, Kyle View Estates Address: 3300 Treeline Drive, College Station, Texas Owner: Breck-CS Commercial, LLC Property ID (Brazos CAD): 345652 Legal Description: Lot 5, Block 2, Kyle View Estates Address: 3302 Treeline Court, College Station, Texas Owner: Breck-CS Commercial, LLC Property ID (Brazos CAD): 345651 Legal Description: Lot 4, Block 2, Kyle View Estates Address: 3400 Treeline Court, College Station, Texas Owner: Breck-CS Commercial, LLC Property ID (Brazos CAD): 345648 Legal Description: Lot 1, Block 2, Kyle View Estates Address: 3405 Treeline Court, College Station, Texas Owner: Kyle View Estates HOA Property ID (Brazos CAD): 345527 Legal Description: HOA Common Areas, Block 1, Kyle View Estates 3 Resolution No. 10-13-16-02 Page 4 of 4 Address: 3205 Boulder Court, College Station, Texas Owner: Breck-CS Commercial, LLC Property ID (Brazos CAD): 345654 Legal Description: Lot 7, Block 2, Kyle View Estates Address: 3301 Treeline Drive, College Station, Texas Owner: Breck-CS Commercial, LLC Property ID (Brazos CAD): 345653 Legal Description: Lot 6, Block 2, Kyle View Estates Address: 3303 Treeline Drive, College Station, Texas Owner: Breck-CS Commercial, LLC Property ID (Brazos CAD): 345650 Legal Description: Lot 3, Block 2, Kyle View Estates 4