HomeMy WebLinkAbout08-26-21-9.4 - Resolution - 08/26/2021
RESOLUTIONNO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS, DETERMINING THAT A FEE SIMPLE
CONTAININGAPPROXIMATELY102.4ACRES OFLAND, IS NEEDED
TO BE ACQUIRED FROM GERRY L. SAUM,FOR THE
CONSTRUCTION, OPERATION, ANDMAINTENANCE OF A PUBLIC
PARK AS A PART OF THE WESTSIDE COMMUNITY PARK PROJECT
FOR THE CITY OF COLLEGE STATION, TEXAS; AND AUTHORIZING
THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS.
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WHEREAS, the City Council of the City of College Station now finds and determines
that public convenience and necessity requires the City of College Stationto acquire a fee simple
over and across tracts of land containing approximately 102.4acres,for the construction,
operation, and maintenance of a public parkand other public infrastructure in the City of College
Station, Texas, a more specific description of said 102.4acre fee simpletractis attached hereto
as Exhibit “A” and made a part hereof (herein afterthe “Land”); and
WHEREAS, the City of College Station, through its duly authorized representatives, has
negotiated with the owners of the Land for the purchase of same for the purpose stated herein
and hasbeen unable to agree with such owners as to the fair cash market value thereof and
damages, if any; and
WHEREAS, the City Council of the City of College Station has authorized the City
Manager or his designee to make anoffer to the owners of the Land for the purchase of same
based upon its appraised value, and such offer has been made and the owner has refused to
accept such final offer; now therefore,
BE IT RESOLVED BY THE CITY COUNCILOF THE CITY OF COLLEGE
STATION, TEXAS:
Page 1 of 3
Section 1.The facts and recitals set forth in the preamble of this resolution are
hereby found to be true and correct.
Section 2.The City Council of the City of College Stationfinds that abona fide offer
has been madeby duly authorized representatives of theCity for the acquisition of afee simple
over and across the herein describedLand, and that said offer was not accepted, and that the only
way for the City of College Stationto acquire such interest in said tract of land is through the
filing of eminent domain proceedings.
Section 3.The CityCouncil hereby finds and determines that a public use and
necessity exists forthe City of College Station to construct, operate,andmaintaina public park
and other public infrastructure purposesas part of the Westside Community Park Project, and
to acquire the necessary property rights in the 102.4acre tract of land,deemed necessary for
the Westside Community Park Project, as allowedby law, together with all necessary
appurtenances, additions and improvements on, over, under, and through those certain lots,
tracts or parcels of land.
Section 4.Thefinal offer heretofore madeto the owner for the purchase of the Land
is in all things hereby ratified and confirmed.
Section 5.The City Attorney, or her designee,is hereby authorized to bring eminent
domain proceedings on behalf of the City of College Stationunder applicable provisions of law,
whether provided by §251.001 of the Texas Local Government Code, as amended, Chapter 21 of
the Texas Property Code, or by any other provision of law, against the owner or owners of the
Land, to-wit: Gerry L. Saum, Individually and as Independent Executrix of the Estate of Susan
M. Wood or against the real and true owner, owners, claimant, or claimants if Gerry L. Saum,
Page 2 of 3
Individually, and as Independent Executrixof the Estate of Susan M. Woodaresaid not to be the
owners of the Land.
PASSED,APPROVED,AND RESOLVED this dayof, 2021.
____________________________________
Karl Mooney
Mayor
ATTEST:
Tanya D. Smith
City Secretary
APPROVED AS TO FORM:
Carla A. Robinson
City Attorney
Page 3 of 3
Exhibit A
Legal Description – 102± acres
Prepared from Recorded Instruments
Saum and Wood Tracts
Lying Southwest of N. Dowling Road
Childress A-95 and Yates A-248 surveys
Brazos County, Texas
Approximately 102 acres of land, being all of that called 57.01 acre tract described in the deed to Gerry
L. Saum and Susan M. Wood recorded in volume 2027, page 236 of the Official Public Records of Brazos
County, Texas and all of that called 55.46 acre tract described in the deed to Gerry L. Saum recorded in
volume 1122, page 277 of the Official Records of Brazos County, Texas, save and except the 1.4318 acre
and 0.8709 acre tracts described in Exhibit B of Cause no. 332-CC in the District Court records of Brazos
County, Texas and awarded to Brazos County by judgement in December 1996 for North Dowling Road
right-of-way, and further save and except the northeast portions of the called 57.01 acre and 55.46 acre
tracts which are located northeast of the 1.4318 acre and 0.8709 acre tracts.