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Home My WebLink About02-25-10-2L - Resolution - 02/25/2010RESOLUTION DETERMINING NEED RESOLUTION NO. 02- 25 -10 -2L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE, AND ACQUIRE, BY PURCHASE OR CONDEMNATION, FEE SIMPLE INTEREST IN CERTAIN PROPERTY FOR THE NEIGHBORHOOD PARK LAND ACQUISITION PROJECT; (2) A DECLARATION THAT PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE SUCH INTEREST, THROUGH PURCHASE OR CONDEMNATION; AND (3) ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SUCH INTEREST IN THE PROPERTY. WHEREAS, the City of College Station, Texas ( "City ") is a home rule municipality duly incorporated and chartered under the Constitution and. laws of Texas; and WHEREAS, the City owns, operates, constructs, repairs and maintains a parks and recreation system as a public service; and WHEREAS, the City's ownership, operation, construction, repair, and maintenance of a parks and recreation system is a benefit to the public; and WHEREAS, the City, through a condemnation proceeding, may exercise the power of eminent domain to acquire properly in order to carry out the ownership, operation, construction, repair, and maintenance of its parks and recreation system pursuant to Chapter 251 of the Texas Local Government Code, Chapter 21 of the Texas Property Code, and Article H of the City's Charter; and WHEREAS, the City is engaged in the following project of developing a neighborhood park in the Northgate area, by acquiring, developing and maintaining the land needed for the facility, as well as public drainage and public utilities, as part of the Neighborhood Park Land Acquisition Project (the "Project "); and WHEREAS, the City determines that the best interests and needs of the public, including the health, safety and welfare of the public, require that the City develop and maintain the land needed for the facility, through the City's acquisition, by purchase or condemnation proceeding, of the fee simple interest in the land as provided in Exhibit "A ", attached hereto and incorporated herein by reference for all purposes (the "Land "); now, therefore; Resolution No. 02- 25 -10 -2L BE IT RESOLVED by the City Council of the City of College Station, Texas: PART 1: That the City Council of the City of College Station, Texas, hereby officially determines that there is a public necessity for the Land, and the public welfare and convenience will be served by the acquisition of the Land. PART 2: That the City Manager is hereby authorized to contract, on behalf of the City of College Station, with a professional appraiser for the appraisal services, with a professional real estate agent to act as a Land Agent for the City and with attorneys for preparation of title opinions needed by the City from time to time in connection with acquisition of the Land. PART 3: That the City's Land Agent or other staff appraiser is hereby authorized and directed to examine the independent appraisal reports as they are submitted to the City to determine whether said appraisal reports are supported by sufficient data. Based upon such examination of said appraisal reports, the Land Agent or other staff appraiser shall make a recommendation to the City Manager as to the establishment and approval of the amount of the just compensation for the Land. PART 4: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of the Land. PART 5: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the Land, the City's Land Agent or other staff appraiser is authorized to communicate a written offer to the property owners for the acquisition of such interest at the full amount determined and established to be just compensation therefore and to negotiate with said owners on behalf of the City. PART 6: That the Mayor after approval by City Council, or the City Manager as delegated, is hereby authorized to execute all documents necessary to acquire said Land for the Project, on behalf of the City of College Station. PART 7: That, if necessary, and should a property owner fail to accept a bona fide, good faith offer from the City to purchase the required Land, City representatives shall have the authority to initiate and complete condemnation proceedings against said owner, in order to acquire through condemnation all required property interests and title regarding such property. PART 8: That the City Manager be and is hereby authorized to sell any such surplus improvements, or order the demolition thereof, if any, located on the real property acquired in connection with this Project. Resolution No. 02- 25 -10 -2L PART 9: That this resolution shall take effect immediately from and after its passage. ADOPTED this 25th day of February , A.D. 2010. ATTEST: (� ��- 4�L- City Secretary APPROVED: MAYOR APPROVED: City Attorney Resolution No. 02- 25 -10 -2L Exhibit "A" to RESOLUTION DETERMINING NEED Two (2) pages of Field Notes and One (1) page Survey Plat Resolution No. 02- 25 -10 -2L Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, Texas (979) 690 -3378 / 693 -2777 0.915 Acre Tract Between Blocks 18 and 19 W.C. Boyett Estate Partition J.E. Scott League A -50 College Station, Texas 24 September, 2009 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 all of that tract lying between Boyett Street and College Main and Blocks 18 and 19 of the W.C. Boyett Estate Partition according to plat of record in Volume 100, Page 440 of the Deed Records of Brazos County, Texas, and being more particularly described.as follows: Beginning at a %" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set in the northeast line of Boyett Street at the south corner of Lot 1 in Block 18 of the said W.C. Boyett Estate Partition from which College Station GPS monument no. 110 is located S 40° 00' 22" W — 589.1 feet. Thence S 43° 50' 39" E — 59.59 feet along the northeast line of Boyett Street to a' /2" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set at the west corner of Lot 1 in Block 19 of the said W.C. Boyett Estate Partition; Thence along the northwest line of Lots 1 through 10, Block 19 as follows: N 22 02' 30" E — 54.10 feet to a'' /s" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set (lot 1 / lot 2); N 22 02' 30" E — 49.19 feet to a' /2" square iron rod found at an old fence corner (lot 2 / lot 3); N 10 53' 14" E — 20.18 feet to a 1" iron rod found (lot 3 / lot 4); N 10 47' 47" E — 95.05 feet to a 1" iron rod found (lot 4 / lot 5); N 5° 57' 30" E — 94.52 to a' /z" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set (lot 5 / lot 6); N 18 23' 03" E — 94.52 feet to a bent 3/8" found (lot 6 / lot 7); N 32 08' 58" E — 50.00 feet to a %Z" square iron rod found in the base of a 14" Elm tree (lot 6 / lot 7); N 31° 42' 01" E — 153.65 feet to a' /2" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set in the southwest line of College Main, at the north corner of Lot 10 in Block 19 of the said W.C. Boyett Estate Partition, from where a 5/8" iron rod was found N 31 42' 01" E — 3.84'. Boyett Creek Tract Page 1 of 2 Resolution No. 02- 25 -10 -2L Thence N 44 13' 39" W - 152.35 feet along the southwest line of College Main to a %2" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set at the beginning of a tangent curve to the left (R= 41.44'); Thence along the are of said curve through a central angle of 16° 25' 45" to a corner of Lot 11 in Block 18 of the said W.C. Boyett Estate Partition; Thence along the along the southeast line of Lots 11 through 5, Block 18 as follows: S 19 29' 33" E - 65 feet to a point in the creek; S 15 07' 35" W - 100 feet to a' /z" iron rod found in concrete (lot 10 / lot 11); S 18 48' 43" W - 54.48' to a %2" iron rod found in concrete (lot 9 / lot 10); S 12 31' 59" W - 57.35 feet to a' /2" iron rod found in concrete (lot 8 / lot 9); S 15 01' 06" W - 56.56' to a ' /2" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set (lot 7 / lot 8); S 15 01' 06" W - 56.56 feet to a %2" iron rod found (lot 6 / lot 7); S 15 0 V 06" W - 112.15 feet to a 3/8" pipe found at the common corner of Lot 1 and Lot 5 in Block 19 of the said W.C. Boyett Estate Partition. Thence S 14° 27' 22" W - 161.19 feet along the southeast line of the said Lot 1 in Block 19, to the Point of Beginning and containing 0.915 acres of land more or less. Bearings are Texas State Plane, Central Zone, NAD -83 datum, based on City of CS 1994 GPS control monument no. 110 and NGS monument `Texas A &M 1935' (S 34 15' 22" E). '��daaa�'T °�Aaap , 4 Q`, Cgf°ro.r See Survey plat for this tract dated September 2009. osss sasssoessaosa�csxnoawr HENRY F AAAv�:' •NEON � W�a�CQ aA9 ai'N'i9Aa'. �� 1: < CY C.� 1 • i Boyett Creek Tract Page 2 of 2 CAPrOgram Fl(esyWtDCAD 2002\DWG\Spruce09a.dwg, Creekl, 9/25/2009 8:03:58 AM r o ji. _ $ 3 F J un x\ a a e3 ° on3 °- - Le5 '1 o " "� I ?w�^i'O -° He _ - o ' 3n3 _ _oc ]3�•.E_)3.eD' _ Y�J e((- Str�nR�m?n _ ' ?an!' 0. mrn °y ]e• e�eett li ght -or_ eef _ ° m^ o °'^ ^ ns:e °o °o ° I �5'o r 1S} 59.594(6 alM10 . /m, °pY _ c n 4 v is" __ °� 5 43. 50'39 ?, h +rJS M1 k Sulk. - G -.9. * n n n .. 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