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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