HomeMy WebLinkAbout01-14-10-2d - Resolution - 01/14/2010RESOLUTION NO. 01- 14 -10 -2d
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 THE LAND
ACQUISITION - WELLS 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 water
system as a public service; and
WHEREAS, the City's ownership, operation, construction, repair, and maintenance of
the city water 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 water 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 the acquisition of land
for Well Sites #8, #9 and #10, including the purchase of land and easements to facilitate
development, production and maintenance of the well sites, Land Acquisition - Wells
(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 install water lines
(whether one or more), access facilities, related equipment, communication lines, electric
lines and an access / maintenance roadway, 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- 14 -10 -2d
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- 14 -10 -2d
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 14th day of January , A.D. 2010.
ATTEST: APPROVED:
04y"
City Secretary MAYOR
APPROVED:
GAA Y9
City Attorney
.solution No. 01- 14 -10 -2d
EXHIBIT "A" TO RESOLUTION DETERMINING NEED
Being a forty eight foot (48') wide Permanent Utility Easement and a thirty foot (30')
wide Temporary Construction Easement extending across the following tract of land, the
alignment of said easements being generally depicted by the attached project map.
Tax ID
R16093, R15242, R15267 and R13373
Property Owner (current of former)
Ruth Davis Kutzschbach and the William E. Kutzschbach Trust
Legal Description
All that certain tract or parcel of land containing 478.69 acres, more or less, out of the
John Smith League, Abstract No. 209, the Moses Hughes League, Abstract No. 135, the
Robert Henry League, Abstract No. 138 and the Francisco Ruiz League, Abstract No. 48,
Brazos County, Texas, being the same land described in deed dated March 3, 1955, from
Read Wipprecht, et al, to W. E. Kutzschbach and wife, Ruth D. Kutzschbach, recorded in
Volume 167, Page 473 of the Deed Records of Brazos County, Texas.
Resolution No. 01- 14 -10 -2d
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