HomeMy WebLinkAbout03-22-12-2b - Resolution - 03/22/2012 Now RESOLUTION DETERMINING PUBLIC NEED AND NECESSITY
RESOLUTION NO. 03 2b
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 IN THE SOUTHERN PART OF COLLEGE STATION, BRAZOS
COUNTY, TEXAS FOR THE PURPOSE OF A WASTEWATER SERVICE
PROJECT; 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 Royder / Live Oak Sewer Extension Project
( "Project "); and
WHEREAS, such Project is for the public purpose of wastewater service and other
public utilities; and
WHEREAS, such Project is located at or about the following physical location: A route
that will extend southward from a point southeast of the FM 2154 / Barron Cut -off Road
intersection, across the Wellborn Baptist Church property, continuing along McCullough
Road, Live Oak Street and Royder Road, and terminating at the Creek Meadows Lift
Station located near the intersection of Royder Road and Greens Prairie Trail in 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 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.
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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 Royder / Live Oak Sewer Extension Project in southern
College Station for the public purpose of wastewater services and other
public utilities, and 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 an easement interest in the
property as 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 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 6: That the City Manager and his 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 7: That this Resolution shall take effect immediately from and after its
passage.
ADOPTED this 22n- day of March , A.D. 20
ATTEST: APPROVED:
City Secretar MAYOR
APPROVED:
t
/ 4 �j?� / /,/ l/
City • ttorney
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EXHIBIT "A"
Being all those parcels or tracts of land necessary to install a wastewater system and other
public utilities located along a route that will extend southward from a point southeast of
the FM 2154 / Barron Cut -off Road intersection, across the Wellborn Baptist Church
property, continuing along McCullough Road, Live Oak Street and Royder Road, and
terminating at the Creek Meadows Lift Station located near the intersection of Royder
Road and Greens Prairie Trail in southern College Station, Brazos County, Texas. Said
route is depicted on the map attached hereto and made part hereof
The easement tracts or parcels needed for the project may be acquired from the following
lands:
Landowner (Now or Formerly): WELLBORN BAPTIST CHURCH, INC.
Brazos County Appraisal District Property ID: 15653
Street Address: 3768 McCullough Road, College Station, Texas
Legal Description: Being all that certain lot, tract or parcel of land being situated in the
Andrew McMahon Survey, Abstract No. 167, College Station, Brazos County, Texas;
and being the 8.43 acre Tract One and 1.11 acre Tract Two described in the Warranty
Deed from Wellborn Baptist Church to Wellborn Baptist Church, Inc. recorded in
Volume 6271, Page 20, Official Records of Brazos County, Texas.
Landowner (Now or Formerly): DONALD R. ROYDER and MARTHA ROYDER
Brazos County Appraisal District Property ID: 15694
Street Address: 3875 McCullough Road, College Station, Texas
Legal Description: Being all that certain lot, tract or parcel of land being situated in the
Andrew McMahon Survey, Abstract No. 167, College Station, Brazos County, Texas;
and being the 4.33 acre tract or parcel described in the Contract for Deed from Milford E.
Royder to Donald Ray Royder, Sr. and wife, Martha Jakubiak Royder recorded in
Volume 1480, Page 289, Official Records of Brazos County, Texas.
Landowner (Now or Formerly): JAMES ED ELLIS and GENEVIEVE ELLIS
Brazos County Appraisal District Property ID: 15638
Street Address: 3970 Church Street, College Station, Texas
Legal Description: Being all that certain lot, tract or parcel of land being situated in the
Andrew McMahon Survey, Abstract No. 167, College Station, Brazos County, Texas;
and being the 1.718 acre Tract One and 1.716 acre Tract Two described in the Warranty
Deed with Vendor's Lien from Jean Royder Shaw and Hazel E. Royder Von Roeder to
James Ed Ellis and Genevieve Ellis recorded in Volume 2837, Page 26, Official Records
of Brazos County, Texas.
Landowner (Now or Formerly): DONALD R. ROYDER and MARTHA ROYDER
Brazos County Appraisal District Property ID: 15637
Street Address: 3953 Church Street, College Station, Texas
Legal Description: Being all that certain lot, tract or parcel of land being situated in the
Andrew McMahon Survey, Abstract No. 167, College Station, Brazos County, Texas;
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and being the 3.42 acre lot, tract or parcel, known as 3953 Church Street, College Station,
Texas, according to the Brazos County Appraisal District.
Landowner (Now or Formerly): FSI RENTALS, LLC
Brazos County Appraisal District Property ID: 47082
Street Address: 14761 FM 2154, College Station, Texas
Legal Description: Being all that certain lot, tract or parcel of land being situated in the
Andrew McMahon Survey, Abstract No. 167, College Station, Brazos County, Texas;
and being Parts of Lots 4 and 5, Benjamin Graham Subdivision, according to the plat
recorded in Volume 12, Page 394, Deed Records of Brazos County, Texas; being the
same lot, tract or parcel described in the Assumption Warranty Deed from Trey
Baumgarner and wife, Melissa Baumgarner to FSI Rentals, LLC recorded in Volume
7881, Page 273, Official Records of Brazos County, Texas.
and
Being all the certain lot, tract or parcel of land situated in the Andrew McMahon Survey,
Abstract No. 167, College Station, Brazos County, Texas; and being Lot 6, Baptist
Church 1.0 acre tract, and part of Lot 5, Benjamin Graham Subdivision, according to the
plat recorded in Volume 12, Page 394, Deed Official Records of Brazos County, Texas;
being the same lot, tract or parcel described in the Assumption Warranty Deed from Trey
Baumgarner and wife, Melissa Baumgarner to FSI Rentals, LLC recorded in Volume
7881, Page 280, Official Records of Brazos County, Texas.
Landowner (Now or Formerly): ADAM ROYDER LODGE No. 778, A.F. & A. M. of
TEXAS
Brazos County Appraisal District Property ID: 89963
Street Address: 4028 Church Street, College Station, Texas
Legal Description: Being all that certain lot, tract or parcel of land situated in the
Andrew McMahon Survey, Abstract No. 167, College Station, Brazos County, Texas;
and being Lot 3, Block G, Benjamin Graham Subdivision, according to the plat recorded
in Volume 12, Page 394, Deed Records of Brazos County, Texas; being the same lot,
tract or parcel described in the Agreement to Amend Conditions of Deed by and between
Methodist Church and Adam Royder Lodge No. 778, A.F. & A.M. of Texas recorded in
Volume 1894, Page 313, Official Records of Brazos County, Texas.
Landowner (Now or Formerly): EDWARD W. VALENTA and SUE ANN
VALENTA
Brazos County Appraisal District Property ID: 47063
Street Address: 14777 FM 2154, College Station, Texas
Legal Description: Being all that certain lot, tract or parcel of land situated in the
Andrew McMahon Survey, Abstract No. 167, College Station, Brazos County, Texas;
and being Part of Lot 4, Block G, Benjamin Graham Subdivision, according to the plat
recorded in Volume 12, Page 394, Deed Records of Brazos County, Texas; being the
same 0.2255 acre lot, tract or parcel described in the Warranty Deed from Lynn W. Day
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to Edward W. Valenta and Sue Ann Valenta recorded in Volume 2658, Page 82, Official
Records of Brazos County, Texas.
Landowner (Now or Formerly): SOUTH WELLBORN, LTD
Brazos County Appraisal District Property ID: 347394
Street Address: Greens Prairie Road W., College Station, Texas
Legal Description: Being all that certain lot, tract or parcel of land situated in the
Andrew McMahon Survey, Abstract No. 167, College Station, Brazos County, Texas;
and being Part of Lots 7 and 12, Block A, Benjamin Graham Subdivision, according to
the plat recorded in Volume 12, Page 394, Deed Records of Brazos County, Texas; being
the same Tract Two and Tract Four described in the Warranty Deed with Vendor's Lien
from Lillian Ruth Brown and Glenda Mae Brown Goodman to South Wellborn, Ltd.
recorded in Volume 8819, Page 82, Official Records of Brazos County, Texas.
Landowner (Now or Formerly): CREEK MEADOWS HOMEOWNERS
ASSOCIATION
Brazos County Appraisal District Property ID: 347836
Street Address: 15711 Timber Creek Lane, College Station, Texas
Legal Description: Being all that certain lot, tract or parcel of land situated in the
Andrew McMahon Survey, Abstract No. 167, College Station, Brazos County, Texas;
and being the Private Park and Drainage Area "II ", Creek Meadows, Section 5, Phase 1,
an addition to the City of College Station, according to the plat recorded in Volume 8989,
Page 39, Official Records of Brazos County, Texas.
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