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HomeMy WebLinkAbout01-28-10-04 - Resolution - 01/28/2010RESOLUTION DETERMINING NEED RESOLUTION NO. 01- 28 -10 -04 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, RIGHT -OF -WAY AND EASEMENT INTEREST IN CERTAIN PROPERTY FOR THE VICTORIA AVENUE EXTENSION 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 city roadway system, as a public service; and WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the city roadway system is a benefit to the public; and WHEREAS, the City owns, operates, constructs, repairs, and maintains public utilities including water, wastewater, and electric ( "public utility system ") as a public service, in order to provide utilities to the public and the City, now and in the future; and WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the city public utility system is a benefit to the public; and WHEREAS, the City, through a condemnation proceeding, may exercise the power of eminent domain to acquire property in order to carry out the ownership, operation, construction, repair, and maintenance of its street system and public utility system pursuant to Chapter 251 of the Texas Local Government Code, Chapter 21 of the Texas Property Code, and Article II of the City's Charter; and WHEREAS, the City is engaged in the following project regarding improvements to Victoria Avenue between its terminus southeast of Barron Road and W. D. Fitch Parkway (State Highway 40), including extension of the road, installation of public utilities, access, and landscaping, (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 improve Victoria Avenue between its terminus southeast of Barron Road and W. D. Fitch Parkway (State Highway 40), through the City's acquisition, by purchase or condemnation proceeding, of the right -of -way and easements Resolution No. 01- 28 -10 -04 as provided in Exhibit A, attached hereto and incorporated herein by reference for all purposes (the "Right -of -Way and Easements "); now, therefore; 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 Right -of -Way and Easements, and the public welfare and convenience will be served by the acquisition of the Right -of -Way and Easements. 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 Right -of -Way and Easements. 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 Right - of -Way and Easements. PART 4: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of the Right -of -Way and Easements. PART 5: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the Right -of -Way and Easements, 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 Right -of- Way and Easements 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 Right -of -Way and Easements, 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. Resolution No. 01- 28 -10 -04 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. PART 9: That this resolution shall take effect immediately from and after its passage. ADOPTED this 28th day of January , A.D. 200 ATTEST: APPROVED: City Secretary MAYOR APPROVED: jj, -7 q l City Attorney Resolution No. 01- 28 -10 -04 EXHIBIT "A" to RESOLUTION DETERMINING NEED Victoria Avenue Extension Project Being a variable width right of way and associated easements needed for the improvements to Victoria Avenue between its terminus southeast of Barron Road and W. D. Fitch Parkway (State Highway 40), including extension of the road, installation of public utilities, access, and landscaping, said right of way and easements to be part of, upon, affecting and/or adjoining the following tracts of land: College Station ISD Being that certain 63.665 acre tract of land, more or less, located in the R. Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas, being a portion of the property conveyed to College Station ISD by Deed recorded in Volume 3604, Page 243, Official Records of Brazos County, Texas. Gary Seaback Being that certain 95.661 acre tract of land, more or less, located in the Robert Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas, being a portion of the property conveyed to Gary Seaback by Deed recorded in Volume 2597, Page 186, Official Records of Brazos County, Texas. Greens Prairie Investors, LTD Being that certain 19.74 acre tract of land, more or less, located in the Robert Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas, being the same tract conveyed to Greens Prairie Investors, LTD by Deed recorded in Volume 7366, Page 294, Official Records of Brazos County, Texas. Resolution No. 01- 28 -10 -04 EXHIBIT "A" to RESOLUTION DETERMINING NEED Victoria Avenue Extension Project Being a variable width right of way and associated easements needed for the improvements to Victoria Avenue between its terminus southeast of Barron Road and W. D. Fitch Parkway (State Highway 40), including extension of the road, installation of public utilities, access, and landscaping, said right of way and easements to be part of, upon, affecting and /or adjoining the following tracts of land: College Station ISD Being that certain 63.665 acre tract of land, more or less, located in the R. Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas, being a portion of the property conveyed to College Station ISD by Deed recorded in Volume 3604, Page 243, Official Records of Brazos County, Texas. Gary Seaback Being that certain 95.661 acre tract of land, more or less, located in the Robert Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas, being a portion of the property conveyed to Gary Seaback by Deed recorded in Volume 2597, Page 186, Official Records of Brazos County, Texas. Greens Prairie Investors, LTD Being that certain 19.74 acre tract of land, more or less, located in the Robert Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas, being the same tract conveyed to Greens Prairie Investors, LTD by Deed recorded in Volume 7366, Page 294, Official Records of Brazos County, Texas. Resolution No. 01- 28 -10 -04 Resolution No. 01- 28 -10 -04