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Home My WebLink About03-14-13-2f - Resolution - 03/14/2013 • RESOLUTION DETERMINING PUBLIC NEED AND NECESSITY RESOLUTION NO. 0.3 -13-2C 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 PUBLIC ACCESS AND PUBLIC UTILITIES IMPROVEMENT 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 FM 2154 Sidewalk Improvements Project (ST- 1203) ( "Project "); and WHEREAS, such Project is for the public purpose of public access and public utilities; • and WHEREAS, such Project is located at or about the following physical location: A route extending along the northeast side of FM 2154 (Wellborn Road), from Luther Street, travelling southeast across Holleman Drive and terminating at Southwest Parkway 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 Legal apprvd 2/29/12 to commence the FM 2154 Sidewalk Improvements Project (ST -1203) in College Station for the public purpose of public access and 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 PA' day of " l a4 C , A.D. 2013. ATTEST: APPROVED: A A. _ 77? .. �.1. / ►.r. /L�� iii City Secre ; 1 , MAYOR 1 4 APPROVED: 1 j / DM A I1 City Attorney Legal apprvd 2/29/12 EXHIBIT "A" Being all those tracts or parcels of land necessary to install a public access and public utilities project located on a route extending along the northeast side of FM 2154 (Wellborn Road), from Luther Street, travelling southeast across Holleman Drive and terminating at Southwest Parkway 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): 803 WELLBORN, LTD Brazos County Tax Office Property ID: 77847 Street Address: 801 Wellborn Road, College Station, Texas 77840 Legal Description: Being all that certain lot, tract or parcel of land being situated in the Crawford Burnett League, Abstract no. 7, in College Station, Brazos County, Texas, being a part of Lot 1 of the Petterak Subdivision as described by plat recorded in volume 800, page 171 of the Official Public Records of Brazos County, Texas. Landowner (Now or Formerly): 803 WELLBORN, LTD Brazos County Tax Office Property ID: 77848 Street Address: 805 Wellborn Road, College Station, Texas 77840 Legal Description: Being all that certain lot, tract or parcel of land being situated in the Crawford Burnett League, Abstract no. 7, in College Station, Brazos County, Texas, being a part of Lots 2A & 2B of the Petterak Subdivision as described by plat recorded in volume 800, page 171 of the Official Public Records of Brazos County, Texas. Landowner (Now or Formerly): 803 WELLBORN, LTD Brazos County Tax Office Property ID: 81211 Street Address: 813 Wellborn Road, College Station, Texas 77840 Legal Description: Being all that certain lot, tract or parcel of land being situated in the Crawford Burnett League, Abstract no. 7, in College Station, Brazos County, Texas, being a part of that 1.61 acre tract described in deed to 803 Wellborn Ltd recorded in volume 7667, page 148 of the Official Public Records of Brazos County, Texas. Landowner (Now or Formerly): RELIANT CAP VII — SOUTHGATE LP Brazos County Tax Office Property ID: 10362 Street Address: 134 Luther Street, College Station, Texas 77840 Legal Description: Being all that certain lot, tract or parcel of land being situated in the Crawford Burnett League, Abstract no. 7, in College Station, Brazos County, Texas, being a part of that 12.967 acre tract described in deed to Reliant Cap VII — Southgate, L.P. recorded in volume 10726, page 247 of the Official Public Records of Brazos County, Texas. 3 Legal apprvd 2/29/12 Landowner (Now or Formerly): BOBBIE JO ALEXANDER TRUST Brazos County Tax Office Property ID: 112384 & 29575 (Two Tax ID Tracts) Street Address: 1001 & 1011 Wellborn Road, College Station, Texas 77840 Legal Description: Being all that certain lot, tract or parcel of land being situated in the Crawford Burnett League, Abstract no. 7, in College Station, Brazos County, Texas, being a part of that 2.33 acre tract described in deed to Bobbie Jo Alexander Trust recorded in volume 836, page 454 of the Official Public Records of Brazos County, Texas. Landowner (Now or Formerly): LAWSON PROPERTIES II, LLC Brazos County Tax Office Property ID: 17624 Street Address: 1109 Wellborn Road, College Station, Texas 77840 Legal Description: Being all that certain lot, tract or parcel of land being situated in the Crawford Burnett League, Abstract no. 7, in College Station, Brazos County, Texas, being part of that property called Lot 4.1, Block 1, Ball Addition, said property being described in deed to Lawson Properties II, LLC recorded in volume 9210, page 157 of the Official Public Records of Brazos County, Texas. Landowner (Now or Formerly): LAWSON PROPERTIES II, LLC Brazos County Tax Office Property ID: 112867 Street Address: Wellborn Road, College Station, Texas 77840 Legal Description: Being all that certain lot, tract or parcel of land being situated in the Crawford Burnett League, Abstract no. 7, in College Station, Brazos County, Texas, being part of that property called Lot 4.2, Block 1, Ball Addition, said property described in deed to Lawson Properties II, LLC recorded in volume 9210, page 157 of the Official Public Records of Brazos County, Texas. Landowner (Now or Formerly): ORA BELL GENTRY Brazos County Tax Office Property ID: 17625 Street Address: 1111 Wellborn Road, College Station, Texas 77840 Legal Description: Being all that certain lot, tract or parcel of land being situated in the Crawford Burnett League, Abstract no. 7, in College Station, Brazos County, Texas, being part of that property called Lot 5, Block 1, Ball Addition, said property described in deed to Ora Bell Gentry recorded in volume 402, page 625 of the Official Public Records of Brazos County, Texas. Landowner (Now or Formerly): RW ROBINSON, el at Brazos County Tax Office Property ID: 17626 Street Address: 1113 Wellborn Road, College Station, Texas 77840 Legal Description: Being all that certain lot, tract or parcel of land being situated in the Crawford Burnett League, Abstract no. 7, in College Station, Brazos County, Texas, being part of that property called Lot 5A, Block 1, Ball Addition, said property described in deed to RW Robinson, et al recorded in volume 764, page 199 of the Official Public Records of Brazos County, Texas. 4 Legal apprvd 2/29/12 Landowner (Now or Formerly): FREDERICK DESHON ROBINSON Brazos County Tax Office Property ID: 17628 Street Address: 1115 Wellborn Road, College Station, Texas 77840 Legal Description: Being all that certain lot, tract or parcel of land being situated in the Crawford Burnett League, Abstract no. 7, in College Station, Brazos County, Texas, being part of that property called Lot 6 (part of), Block 1, Ball Addition, said property described in deed to Frederick Robinson recorded in volume 8538, page 144 of the Official Public Records of Brazos County, Texas. Landowner (Now or Formerly): RW ROBINSON, el al Brazos County Tax Office Property ID: 17627 Street Address: 1117 Wellborn Road, College Station, Texas 77840 Legal Description: Being all that certain lot, tract or parcel of land being situated in the Crawford Burnett League, Abstract no. 7, in College Station, Brazos County, Texas, being part of that property called Lot 6 (part of), Block 1, Ball Addition, said property described in deed to RW Robinson, et al recorded in volume 764, page 199 of the Official Public Records of Brazos County, Texas. Landowner (Now or Formerly): FIRST UNITED METHODIST CHURCH — COLLEGE STATION Brazos County Tax Office Property ID: 17629 Street Address: 1125 Wellborn Road, College Station, Texas 77840 Legal Description: Being all that certain lot, tract or parcel of land being situated in the Crawford Burnett League, Abstract no. 7, in College Station, Brazos County, Texas, being part of that property described in deed to First Methodist Church — College Station recorded in volume 4376, page 1 of the Official Public Records of Brazos County, Texas. Landowner (Now or Formerly): JOSEPH JAMES McGRAW Brazos County Tax Office Property ID: 41932 Street Address: 1127 Wellborn Road, College Station, Texas 77840 Legal Description: Being all that certain lot, tract or parcel of land being situated in the Crawford Burnett League, Abstract no. 7, in College Station, Brazos County, Texas, being a part of Lots 1 - 5, Block 1 of the Southland Addition as described by plat recorded in volume 134, page 423 of the Official Public Records of Brazos County, Texas. Landowner (Now or Formerly): CARRIE BARNES Brazos County Tax Office Property ID: 41948 Street Address: 1201 Wellborn Road, College Station, Texas 77840 Legal Description: Being all that certain lot, tract or parcel of land being situated in the Crawford Burnett League, Abstract no. 7, in College Station, Brazos County, Texas, being a part of Lots 1 - 5, Block 2 of the Southland Addition as described by plat recorded in volume 134, page 423 of the Official Public Records of Brazos County, Texas. 5 Legal apprvd 2/29/12 Landowner (Now or Formerly): S. W. BEE CREEK INVESTORS, LLC. et al Brazos County Tax Office Property ID: 302590 Street Address: 1311 Wellborn Road, College Station, Texas 77840 Legal Description: Being all that certain lot, tract or parcel of land being situated in the Crawford Burnett League, Abstract no. 7, in College Station, Brazos County, Texas, being a part of Lot 1R of the William Brooks Hunter Estates Addition as described by plat recorded in volume 7627, page 19 of the Official Public Records of Brazos County, Texas. Landowner (Now or Formerly): CENTRAL TEXAS PROPERTIES LTD Brazos County Tax Office Property ID: 77869 Street Address: 101 Southwest Parkway, College Station, Texas 77840 Legal Description: Being all that certain lot, tract or parcel of land being situated in the Crawford Burnett League, Abstract no. 7, in College Station, Brazos County, Texas, being a part of Lot 1R of the resubdivision of Lot 1, Block One of the Schick Addition as described by plat recorded in volume 800, page 173 of the Official Public Records of Brazos County, Texas. 7 t 4 .., w vx • .....r = ,... _ r - r . .rte ~ FM 2154 Sidewalk Improvements Project ':'.. t , ', " Project Limits l '6, 4(,_ fr , • - , . Art , ,„44*" / PN- ., y , . - ". N. � ♦ AAA P • 4 b / r t 4, . " dam >, * ' • • - a 'r � ,: , ref s� , S e ': \'•• i tpp , + X ! F / i �4 4 ' y y , ' v _ � • . .� { Puy c � ,1 � 1� . � t ffv:t5 x :t . 1 ` ® , yo b Ar. C 6 Legal apprvd 2/29/12