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Home My WebLink About01-28-10-2e - Resolution - 01/28/2010RESOLUTION NO. 01- 28 -10 -2e RESOLUTION DETERMINING NEED 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 AN AUTHORIZED PUBLIC PURPOSE AND USE, SAME BEING THE CONSTRUCTION, MAINTENANCE AND OPERATION OF THE TALTBER AND STASNEY STREETS REHABILITATION 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, 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 roadway 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 Tauber Street and Stasney Street, between University Drive and Cherry Street, including installation of public utilities, public 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 complete the Project, through the City's acquisition, by purchase or condemnation proceeding, of the right -of -way and easements as provided in Exhibit A, attached hereto and incorporated herein by reference for all purposes (the "Right -of -Way and Easements"); now, therefore; Resolution No. 01- 28 -10 -2e 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. 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. 01- 28 -10 -2e PART 9: That this resolution shall take effect immediately from and after its passage. ADOPTED this 28th day of January , A.D. 2010. ATTEST: t��g,o� City Secretary APPROVED: MAYOR APPROVED: Resolution No. 01- 28 -10 -2e EXHIBIT "A" TO RESOLUTION DETERMINING NEED Being a triangular shaped Permanent Public Utility Easement located upon the west corner of the following tract of land, the location of said easement being generally depicted by the attached project map. Tax ID Property Owner & Address (current of former) R44961 R.H. Tucker Investments, LLC 410 Stasney Street Legal Description & Deed Reference (Brazos County Official Records) Lot 10, Block 4, Tauber Addition, College Station, Brazos County, Texas Volume 7982, Page 121 Being a ten foot (10') wide Permanent Public Utility Easement extending along the southeast property line across the following tract of land, the alignment of said easements being generally depicted by the attached project map. Tax ID Property Owner & Address (current of former) R44961 R.H. Tucker Investments, LLC 410 Stasney Street Legal Description & Deed Reference (Brazos County Official Records) Lot 6, Block 4, Tauber Addition, College Station, Brazos County, Texas Volume 7982, Page 121 Being a seven and a half foot (7.5') wide Permanent Public Utility Easement extending along the southeast property line across the following tract of land, the alignment of said easement being generally depicted by the attached project map. Tax ID Property Owner & Address (current of former) R44956 R.H. Tucker Investments, LLC 411 Stasney Street Legal Description & Deed Reference (Brazos County Official Records) Lot 15, Block 2, Tauber Addition, College Station, Brazos County, Texas Volume 7982, Page 121 Resolution No. 01- 28 -10 -2e Being a seven and a half foot (7.5') wide Permanent Public Utility Easement extending along the northwest property line across the following tract of land, the alignment of said easement being generally depicted by the attached project map. Tax ID Property Owner & Address Legal Description & Deed Reference (current of former) (Brazos County Official Records) R44946 The Current Bishop of the Roman Lot 10A, Block 1, Tauber Addition (Replat) Catholic Diocese of Austin College Station, Brazos County, Texas 505 Church Avenue Volume 6590, Page 258 Being a twelve foot by twelve foot (12' x 12') square Permanent Public Utility Easement located upon the south corner of the following tract of land, the location of said easement being generally depicted by the attached project map. Tax ID Property Owner & Address (current of former) R44968 Texas Annual Conference of the United Methodist Church Board of Trustees 201 Tauber Street Legal Description & Deed Reference (Brazos County Official Records) Leon J. 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