HomeMy WebLinkAbout04-25-13-2d - Resolution - 04/25/2013 RESOLUTION DETERMINING PUBLIC NEED AND NECESSITY
RESOLUTION NO. 0 -25-13- 2d
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 ROADWAY EXTENSION 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 Barron Road East Extension Project ( "Project ");
and
WHEREAS, such Project is for the public purpose of transportation, public utilities and
sidewalks; and
WHEREAS, such Project is located at or about the following physical location: 4131
• State Highway 6 in College Station, Brazos County, Texas; and
WHEREAS, such Project includes the extension of Barron Road East from State
Highway 6 to the proposed Lakeway Drive extension and the installation of utilities and
sidewalks; 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
to commence the Barron Road East Extension Project in College Station
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for the public purpose of transportation, public utilities and sidewalks, 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 and 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 adoption of this Resolution shall not authorize the City's
representatives, agents, and staff to proceed to 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.
ADOPTED this 25 day of 47)14.) , A.D. 20 /3
ATTEST: APPROVED:
f
City Secret. ' ) AY •
APPROVED:
/ ( iii i yt
City Attorney
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EXHIBIT "A"
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The right -of -way (fee simple) and easement tracts or parcels needed for the project may
be acquired from the following lands:
Landowner (Now or Formerly): Thomas R. Barker and Deborah Lynn Barker
Brazos County Tax Office Property ID: 114473
Street Address: 4131 SH -6 South, College Station, Texas 77845
Legal Description: Being all that 2.45 acre tract or parcel of land being situated in the
Robert Stevenson League, Abstract No. 54 in College Station, Brazos County, Texas,
being Lot 1, Block 1, Barker Subdivision, as described by plat recorded in Volume 5101,
Page 182, Official Records of Brazos County, Texas.
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