HomeMy WebLinkAbout10-07-13-2n - Resolution - 10/07/2013 RESOLUTION DETERMINING PUBLIC NEED AND NECESSITY
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RESOLUTION NO. /0 -
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 III
( "Proj ect "); 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
(ler' extending along Bee Creek from the west side of State Highway 6 to north of the
terminus of Longmire Court 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
to commence the Bee Creek Parallel Trunk Line Project — Phase III 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.
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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 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 9h- day of drives. , A.D. 20 /3.
ATTEST: APPROVED:
ec 3ary Dyo MAYOR
AP' ' OVED:
46Ar
City Attorney
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EXHIBIT "A"
(Ihr
Being all those tracts or parcels of land necessary to install a wastewater system and other
public utilities located along a route extending along Bee Creek from the west side of
State Highway 6 to just north of the terminus of Longmire Court 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): SHABEER JAFFAR
Brazos County Appraisal District Property ID: 117147
Street Address: Dartmouth Street, 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 1.67 acre tract or parcel described in Correction Deed from James A. Ford,
Trustee, to Shabeer Jaffar recorded in Volume 6095, Page 3, Official Records of Brazos
County, Texas.
Landowner (Now or Formerly): GARY SEABACK ESTATE
Brazos County Appraisal District Property ID: 91826
Street Address: Harvey Mitchell Parkway S., College Station, Texas
(bw 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 3.6171 acre tract or parcel described in Warranty Deed from First Victoria
National Bank to Gary Seaback recorded in Volume 8312, Page 28, Official Records of
Brazos County, Texas.
Landowner (Now or Formerly): GREAT AGGIE LAND, LLC
Brazos County Appraisal District Property ID: 13226
Street Address: Texas Avenue S., 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 10.131 acre tract or parcel described in Warranty Deed from Galleria 8
Development, LP to Great Aggie Land, LLC recorded in Volume 10281, Page 12,
Official Records of Brazos County, Texas.
(11.`
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