The URL can be used to link to this page

Home My WebLink About02-14-13-2e - Resolution - 02/14/2013 • RESOLUTION DETERMINING PUBLIC NEED AND NECESSITY RESOLUTION NO. 02 -13 - 2 e 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 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 Bee Creek Parallel Trunk Line Project — Phase II ( "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 extending southwest from Carter's Creek Wastewater Treatment Plant, just east and adjacent to Emerald Forest Subdivision Phases 9 -11 and North Forest Subdivision, and terminating on the west side of State Highway 6 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. 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 Form approved by Legal 2/29/12 to commence the Bee Creek Parallel Trunk Line Project — Phase II in 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 NIL day of 4.1,44thAy , A.D. 20 /3. ATTEST: APPROVED: vf City Secret, MAYOR APPROVED: /1 City Attorney 2 Form approved by Legal 2/29/12 EXHIBIT "A" Being all those tracts or parcels of land necessary to install a wastewater system and other public utilities located along a route that will extend southwest from Carter's Creek Wastewater Treatment Plant, just east and adjacent to Emerald Forest Subdivision Phases 9 -11 and North Forest Subdivision, and terminating on the west side of State Highway 6 in 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): FREDDIE A. and MARY WOLTERS Brazos County Appraisal District Property ID: 13241 Street Address: Rolling Rock Place, College Station, Texas Legal Description: Being all that certain lot, tract or parcel of land being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas; and being the called 37 acre tract or parcel described in Deed from Sadie V. McDonald, et al to Freddie A. Wolters recorded in Volume 207, Page 1, Deed Records of Brazos County, Texas. Landowner (Now or Formerly): PHILIP R. and ANNE E. HEMMER Brazos County Appraisal District Property ID: 13276 Street Address: 8415 Appomattox Drive, College Station, Texas Legal Description: Being all that certain lot, tract or parcel of land being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas; and being the 17.847 acre tract or parcel described in Special Warranty Deed from Allen R. Swoboda to Phillip R. and Anne E. Hemmer recorded in Volume 6370, Page 165, Official Records of Brazos County, Texas. Landowner (Now or Formerly): BEN A. MATTHEWS and YVONNE D. MOLL Brazos County Appraisal District Property ID: 117011 Street Address: Appomattox Drive, College Station, Texas Legal Description: Being all that certain lot, tract or parcel of land being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas; and being the 24.935 acre tract or parcel described in Warranty Deed from Allen R. Swoboda to Ben A. Matthews and Yvonne D. Moll recorded in Volume 5649, Page 271, Official Records of Brazos County, Texas. Landowner (Now or Formerly): DOCTORS WILLIAMS FAMILY LIMITED PARTNERSHIP, LTD. Brazos County Appraisal District Property ID: 98547 Street Address: 1511 Emerald Plaza, College Station, Texas Legal Description: Being all that certain Lot 4, Block 1, Emerald Park Plaza, College Station, Brazos County, Texas; being the same lot, tract or parcel described in the Warranty Deed from Jeannie and Andrew Alan Williams to Doctors Williams Family 3 Form approved by Legal 2/29/12 Limited Partnership recorded in Volume 4955, Page 75, Official Records of Brazos County, Texas. Landowner (Now or Formerly): MUCO VERDE, LLC Brazos County Appraisal District Property ID: 362322 Street Address: Earl Rudder Freeway S., College Station, Texas Legal Description: Being all that certain Lot 1, Block 1, North Forest Business Park, College Station, Brazos County, Texas; being the same lot, tract or parcel described in the Warranty Deed from Jeannie and Andrew Alan Williams to Doctors Williams Family Limited Partnership recorded in Volume 4955, Page 75, Official Records of Brazos County, Texas. Landowner (Now or Formerly): WHITWORTH FINANCIAL, LLC Brazos County Appraisal District Property ID: 13295 Street Address: 1610 Harvey Mitchell Pkwy. S., College Station, Texas Legal Description: Being all that certain lot, tract or parcel of land situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas; being the same 20.4 acre tract or parcel described in the Warranty Deed from Shabeer Jaffar to Whitworth Financial, Inc. recorded in Volume 6062, Page 147, Official Records of Brazos County, Texas. 4 Form approved by Legal 2/29/12