HomeMy WebLinkAbout06-24-10-2j - Resolution - 06/24/2010RESOLUTION NO. 06-24-10-2i
RESOLUTION DETERMINING NEED
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE,
COMPLETE, AND ACQUIRE, BY PURCHASE OR CONDEMNATION, FEE
SIMPLE INTEREST IN CERTAIN PROPERTY FOR THE RAYMOND STOTZER
WEST PROJECT; (2) A DECLARATION THAT PUBLIC NECESSITY EXISTS FOR
THE CITY TO ACQUIRE SUCH INTEREST, THROUGH PURCHASE OR
CONDEMNATION; AND (3) ESTABLISHING PROCEDURES FOR THE
ACQUISITION OF SUCH INTEREST IN THE PROPERTY.
WHEREAS, the City of College Station, Texas ("City") is a home rule municipality duly
incorporated and chartered under the Constitution and laws of Texas; and
WHEREAS, the City owns, operates, constructs, repairs and maintains a city water and
wastewater / sanitary sewer system as a public service; and
WHEREAS, the City's ownership, operation, construction, repair, and maintenance of
the city water and wastewater / sanitary sewer system is a benefit to the public; and
WHEREAS, the City, through a condemnation proceeding, may exercise the power of
eminent domain to acquire property in order to carry out the ownership, operation,
construction, repair, and maintenance of its water and wastewater / sanitary sewer
system pursuant to Chapter 251 of the Texas Local Government Code, Chapter 21 of the
Texas Property Code, and Article II of the City's Charter; and
WHEREAS, the City is engaged in the following project regarding the acquisition of land
for a wastewater / sanitary sewer lift station, including the purchase of land and
easements to facilitate development, production and maintenance of the Raymond Stotzer
West (the "Project"); and
WHEREAS, the City determines that the best interests and needs of the public, including
the health, safety and welfare of the public, require that the City install a wastewater /
sanitary sewer lift station (whether one or more), access facilities, related equipment,
communication lines, electric lines and other related facilities, through the City's
acquisition, by purchase or condemnation proceeding, of the fee simple interest as
provided in Exhibit A, attached hereto and incorporated herein by reference for all
purposes (the "Lift Station Site"); now, therefore;
Resolution No. 06-24-10-2j
BE IT RESOLVED by the City Council of the City of College Station, Texas:
PART l: That the City Council of the City of College Station, Texas, hereby
officially determines that there is a public necessity for the Lift Station
Site, and the public welfare and convenience will be served by the
acquisition of the Lift Station Site.
PART 2: That the City Manager is hereby authorized to contract, on behalf of the
City of College Station, with a professional appraiser for the appraisal
services, with a professional real estate agent to act as a Land Agent for
the City and with attorneys for preparation of title opinions needed by the
City from time to time in connection with acquisition of the Lift Station
Site.
PART 3: That the City's Land Agent or other staff appraiser is hereby authorized
and directed to examine the independent appraisal reports as they are
submitted to the City to determine whether said appraisal reports are
supported by sufficient data. Based upon such examination of said
appraisal reports, the Land Agent or other staff appraiser shall make a
recommendation to the City Manager as to the establishment and approval
of the amount of the just compensation for the Lift Station Site.
PART 4: After consideration of said recommendation, the City Manager shall
establish and approve the amount determined for acquisition of the Lift
Station Site.
PART 5: Upon establishment and approval by the City Manager of the amount of
just compensation for the acquisition of the Lift Station Site, the City's
Land Agent or other staff appraiser is authorized to communicate a written
offer to the property owners for the acquisition of such interest at the full
amount determined and established to be just compensation therefore and
to negotiate with said owners on behalf of the City.
PART 6: That the Mayor after approval by City Council, or the City Manager as
delegated, is hereby authorized to execute all documents necessary to
acquire said Lift Station Site for the Project, on behalf of the City of
College Station.
PART 7: That, if necessary, and should a property owner fail to accept a bona fide,
good faith offer from the City to purchase the required Lift Station Site,
City representatives shall have the authority to initiate and complete
condemnation proceedings against said owner, in order to acquire through
condemnation all required property interests and title regarding such
property.
Resolution No. 06-24-10-2j
PART 8: That the City Manager be and is hereby authorized to sell any such surplus
improvements, or order the demolition thereof, if any, located on the real
property acquired in connection with this Project.
PART 9: That this resolution shall take effect immediately from and after its
passage.
ADOPTED this 24th day of
Jun& , A.D. 2010.
ATTEST: APPROVED:
).6(1/1(„i 46/542_,
AicA
City Secretary MAYOR 0
APPROVED:
Cc LPa 41-61//t))1;72.,
City Attorney
Resolution No. 06-24-10-2.j
EXHIBIT "A"
Lift Station Site
EXHIBIT " A "
FIELD NOTES
CITY OF COLLEGE STATION
PROPOSED LIFT STATION SITE
0.449 OF ONE ACRE
OUT OF THE
CAMWEST TRADITIONS, L.P.
CALLED 20.5424 ACRE TRACT
VOLUME 8555, PAGE 167
JOHN H. JONES SURVEY, A— 26
COLLEGE STATION, BRAZOS COUNTY, TEXAS
May 13, 2010
All that certain lot, tract or parcel of land being 0.449 of one acre situated in the JOHN H. JONES
SURVEY, Abstract No. 26, Brazos County, Texas, and being a part of that certain Called 20.5424
Acre Tract as described in deed from Traditions Club Commercial Realty, LLC to Camwest
Traditions, L.P. of record in Volume 8555, Page 167, Official Records of Brazos County, Texas,
said 0.449 of one acre being more particularly described by metes and bounds as follows;
Beginning at a Concrete right -of -Way Monument found in the northeast right-of-way line of State
Highway 47 for the most easterly corner, said corner being the most southerly corner of said
Called 20.6424 acre tract, said corner also being the southwest corner of the Switzer Deason
Called 5.591 acre tract as described in Volume 8538, Page 107;
THENCE N 70 ° 29 ' 43 " W, along the northeast right-of-way line of said State Highway 47 a
distance of 329.29 feet to a 1/2" Iron Rod with Cap set for the most westerly corner;
THENCE N 45 ° 46' 43 " E, a distance of 132.57 feet to a 1/2" Iron Rod with Cap found for the
most northerly corner, said corner being an interior corner of said Called 20.5424 acre tract and
also being the west corner of said Called 5.591 acre tract;
THENCE S 46 ° 46' 50 " E, along the common line between said Called 20.5424 acre tract and
said Called 5.591 acre tract a distance of 295.57 feet to the PLACE OF BEGINNING AND
CONTAINING AN AREA OF 0.449 OF ONE ACRE OF LAND MORE OR LESS, according to an
actual survey performed on the ground on April 21, 2010 under the supervision of H. Curtis Strong,
Registered Professional Land Surveyor No. 4961. North Orientation is based on rotating the
northeast line to Grid North by utilizing GPS methods. For more information see accompanying
plat.
Resolution No. 06-24-10-2j
CALLED 205424 ACRES
CAMWEST TRADITIONS, L.P.
VOLUME 85A PACE 167
This survey was prepared
with the banalil o1 a title
commitment provided by
Stewart TlIle Company. All
easement intormallon
appllcabla to this survey Is
shown according to Ihls
Polley In OF No. 149155.
Iron Rod Fnd. O1
TRONG
or. 6555/167
Ph$c
S
URVEYING (979) 731A096
er.miE crxWOJsrmgswveyingcorn
NOTES,
I. Th. .d. m.nl I.em O.M.r a. Jon., to TN. ally of .110 al l.d.ld In
CALLED 5591 ACRES
ge/9RlWhIa;�bo,. net dDD.or tp .II..1 IFI, Incl.
2 Bryon
I,•nal
SWITZER L DEMON
T.,., .11 record M 206/476, do bpP a to allacl IN.DHY irdclf
VOLUME BM%PACE 107
,, rh. , 1 Irom Mary J.nO Jana, al vlr 1. aox HW., Inc, 01 ncwd
M 244/0. do.. n.l .pp.o, to dn.m sxl. bo.l.
9. ix.. • nl and Rld11 al WaY Irom W. T. M,Nnold, Jr., .1 u, N, GTE
Boulhw..imMcapordMd al r.c.Id M 1635/Ie1 do.. not opp.a to List IN, 1r 1.
d. Th. nigh, of Woy • m.nl Irom W. T. MCDon.ld, Jr., .1 u, to aru.hy W.I.r
supply C011-11on of a�.co14 In I66E/302 do.. xal oN,... to .Il.cl IN. Incl.
North Otte
ntatlon Is based on rotating the Northeast line to
Orld North by u111121ng GPS methods. p'(�• ., lC�,
NRAE
.•.• I, H. Curtis Strang, Registered Praf...1-hol Land Surveyor •;�• ��.,
No. 4961, do hereby cer111y that this plat rapre sank Iha
losults of on on the ground survey and Is true and correct 4/j.'••eas ;,.�.>,
to the best of my knowledge. O•BUfl
H. Curtis Strong, RPLS 4961
EXHIBIT
CITY OF COLLEGE STATION
PROPOSED LIFT STATION SITE
0.449 OF ONE ACRE
OUT OF THE
CAMWEST TRADITIONS, L, P.
CALLED 20.5424 ACRE TRACT
VOLUME 8555, PAGE 167
JOHN H. JONES SURVEY, A•26
COLLEGE STATION, BRAZOS COUNTY, TEXAS
SCALE P • 60' MAY 13.2010