The URL can be used to link to this page

Home My WebLink About02-23-12-02 - Resolution - 02/23/2012 RESOLUTION DETERMINING NEED RESOLUTION NO. 02,-23-12.-02 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, RIGHT-OF- WAY AND EASEMENT INTEREST IN CERTAIN PROPERTY FOR THE ROCK PRAIRIE ROAD WEST RIGHT-OF-WAY 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 roadway system as a public service; and WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the city roadway 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 street 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 improvements to Rock Prairie Road West between State Highway 6 and Normand Drive, including widening of the road, installation of public utilities, pedestrian improvements, and landscaping, (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 widen Rock Prairie Road West between State Highway 6 and Normand Drive, through the City's acquisition, by purchase or condemnation proceeding, of the right-of-way and easements as provided in Exhibit "A", attached hereto and incorporated herein by reference for all purposes (the "Right-of-Way and Easements"); now, therefore; BE IT RESOLVED by the City Council of the City of College Station, Texas: PART 1: That the City Council of the City of College Station, Texas, hereby I%W officially determines that there is a public necessity for the Right-of-Way and Easements, and the public welfare and convenience will be served by the acquisition of the Right-of-Way and Easements. 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 Right-of-Way and Easements. 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 Right-of-Way and Easements. PART 4: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of the Right- ` of-Way and Easements. PART 5: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the Right-of-Way and Easements, 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 Right-of-Way and Easements 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 Right-of-Way and Easements, 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. 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 23rd day of F2-br LILLrq , A.D. 2012. I-J ATTEST: APPROVED: City Secre y MAYOR APPROVED: City Attorney • EXHIBIT "A" Right-of-Way (Fee Simple Interest) and Easements (Easement Interest) Being all those parcels or tracts of land necessary to widen Rock Prairie Road and install public utilities, pedestrian improvements, and landscaping, from the west frontage road of State Highway 6 through the intersection of Normand Drive, College Station, Brazos County, Texas. Said parcels are depicted on the attached map following this page. Said right-of-way and easement tracts or parcels may be acquired from the following lands: Landowner (Now or Formerly): TIGER HOLDINGS, INC Street Address: 3998 SH-6 South, College Station, Texas Legal Description: Being all the certain lot, tract or parcel of land being situated in College Station, Brazos County, Texas, and being Tract "174", RESUBDIVISION OF PONDEROSA PLACE, SECTION TWO, an addition to the City of College Station, Texas, according to the resubdivision plat recorded in Volume 2155, Page 43, Official Records of Brazos County, Texas. Landowner (Now or Formerly): WELLS FARGO BANK TEXAS, N.A., successor in interest to VICTORIA BANK & TRUST COMPANY Street Address: 1801 Rock Prairie Road, College Station, Texas Legal Description: Being all the certain lot, tract or parcel of land being situated in College Station, Brazos County, Texas, and being Lot "F" One (F-1), PONDEROSA PLACE, SECTION TWO, an addition to the City of college Station, Texas, according to the resubdivision plat recorded in Volume 2155, Page 43, Official Records of Brazos County, Texas. Landowner (Now or Formerly): SCP COLLEGE STATION I, LTD Street Address: 1751 Rock Prairie Road, College Station, Texas Legal Description: Being all the certain lot, tract or parcel of land being situated in College Station, Brazos County, Texas, and being Tract G-213, PONDEROSA PLACE, SECTION TWO, an addition to the City of college Station, Texas, according to the vacating and final plat recorded in Volume 4734, Page 122, Official Records of Brazos County, Texas. Landowner (Now or Formerly): PROSPERITY BANK Street Address: 1862 Rock Prairie Road, College Station, Texas. Legal Description: Being all the certain lot, tract or parcel of land being situated in College Station, Brazos County, Texas, and being Lot One (1), Block One (1), L.O. BALL MEMORIAL SUBDIVISION, a subdivision in College Station, Texas, according to the plat recorded in Volume 2555, Page 313, Official Records of Brazos County, Texas. Exhibit "A" Page I of 2 Landowner (Now or Formerly): CENTRO NP HOLDINGS 1 SPE, LLC Street Address: 3505 B Longmire Drive, College Station, Texas. Legal Description: Being all the certain lot, tract or parcel of land being situated in College Station, Brazos County, Texas, and being Lot One (1), Block Two (2), L.O. BALL MEMORIAL SUBDIVISION, PHASE 11, an addition in the City of College Station, Texas, according to the amending plat recorded in Volume 4538, Page 17, Official Records of Brazos County, Texas. Landowner (Now or Formerly): ARCHLAND PROPERTY 11, L.P. Street Address: 1748 Rock Prairie Road, College Station, Texas. Legal Description: Being all the certain lot, tract or parcel of land being situated in College Station, Brazos County, Texas, and being Lot Four (4), Block Three (3), L.O. BALL MEMORIAL SUBDIVISION, PHASE 11, an addition in the City of College Station, Texas, according to the amending plat recorded in Volume 4110, Page 149, Official Records of Brazos County, Texas. Exhibit 'A" Page 2 of 2