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Home My WebLink About03-28-13-2g - Resolution - 03/28/2013 • RESOLUTION DETERMINING PUBLIC NEED AND NECESSITY RESOLUTION NO. 03 - 2S'-13 -25 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 PEDESTRIAN SAFETY 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 University Drive Pedestrian Improvements Project ( "Project ") for the public purpose of pedestrian and vehicular safety; and WHEREAS, such Project is located at or about the following physical location: along • University Drive from FM 2154 to Tauber Street in College Station, Brazos County, Texas; and WHEREAS, such Project includes installation of a loading zone on the north side of University Drive between the Pedestrian Plaza (formerly College Main) and Lodge Street; and WHEREAS, providing a loading zone will enhance pedestrian and vehicular safety in the Northgate District by providing a designated area for delivery vehicles; and WHEREAS, such Project will necessitate the acquisition of land as set forth in this Resolution; and WHEREAS, the City Council 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, • University Drive Pedestrian Improvement Project College Main to Lodge 1 • 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 to continue the University Drive Pedestrian Improvements Project in College Station for the public purpose of pedestrian and vehicular safety, 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 a fee simple 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 adoption of this Resolution shall not authorize the City's representatives, agents, and staff to proceed with condemnation without first obtaining express authority to condemn from the City Council. PART 6: 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 7: 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 8: That this Resolution shall take effect immediately from and after its passage. • University Drive Pedestrian Improvement Project 2 College Main to Lodge 2 day el , 2013. ADOPTED this fi '" y of ATTEST: APPROVED: 7 L .. �� L i City Secre Mayor 1 APPROVED: 40 • _ ity Attorney University Drive Pedestrian Improvement Project College Main to Lodge 3 EXHIBIT "A" Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, Texas 77845 (979) 693 -2777 Proposed Right -of -Way Parcel Lot 9R, Block 2 Boyett's Subdivision J.E. Scott League A -50 College Station, Texas March 28, 2011 All that certain tract or parcel of land lying and being situated in the J.E. Scott league, Abstract no. 50, in College Station, Brazos County, Texas, being a strip 8.50 feet in width, lying within and contiguous to the southeast line of Lot 9R, Block 2 of Boyett's Subdivision according to plat of record in Volume 9530, Page 228 of the Official Public Records of Brazos County, Texas, and being more particularly described as follows: Beginning at the common corner of said Lot 9R, and Lot 1 in Block 2 of Boyett's Subdivision according to plat of record in Volume 38, Page 614 of the Deed Records of Brazos County, in the northwest line of University Drive (F.M. 60). Thence N 48° 11' 34" W - 8.50 feet, along the common line of said Lots 9R and 1, to a Nail set for the west corner of this tract, from where the City of College Station 1994 GPS control monument no. 110 bears N 88° 04' 21" VI - 1831.3 feet; Thence N 41° 45' 10" E - 99.99 feet, through said Lot 9R, to a Nail set for the north corner of this tract, in the southwest right -of -way line (30' width) of Lodge Street; Thence S 48° 13' 51" E - 8.50 feet, along said line of Lodge Street, to the east corner of said Lot 9R, in the northwest line of University Drive (F.M. 60); Thence S 41° 45' 10" W - 100.00 feet, along the southeast line of said Lot 9R, to the Point of Beginning and containing 850 square feet of land more or less. Af Bearings are Texas State Plane, NAD83(1986) Central Zone datum, ... ,i` based on 1994 City of College Station GPS control monument. no. 110 A , : ,. 's r • ° * and NGS monument `Texas A &M 1935' (S 34° 15' 20" E), i •. � 9 •• f Q F e9 •eo•eo• ° See survey plat prepared with this description, dated March 2011. • HENRY P M o o oo •9 5045 Po 14 )P ESS �� ,� f � .CiEfr17' 4 " c7 ; - z e . c� o 0 r,7 o c ∎n a auawancd }acydso w a o / OM- ;O-�.g5la ;O Iti Imo w Um.-' v, a aa4.S GbpO1 � . 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