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Home My WebLink About02-13-14-2c - Resolution - 02/13/2014 RESOLUTION DETERMINING PUBLIC NEED AND NECESSITY RESOLUTION NO. 02- 1 4 -2C, 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 THE AREA BOUND BY ROCK PRAIRIE ROAD WEST, HOLLEMAN DRIVE SOUTH, GRAHAM ROAD NORTH AND DOWLING ROAD NORTH IN COLLEGE STATION, BRAZOS COUNTY, TEXAS FOR THE PURPOSE OF THE PARK ZONE 15 NEIGHBORHOOD PARK PROJECT, THE PARK ZONE B COMMUNITY PARK PROJECT AND THE GREENWAYS PROGRAM 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 Park Zone 15 Neighborhood Park Project, the Park Zone B Community Park Project and the Greenways Program Project ( "Projects "); and WHEREAS, such Projects are for the public purposes of providing facilities, parks, trails and other recreational areas as well as alleviating future flood damage, providing general flood plain management, buffering between land uses and protecting habitats for existing flora and fauna; and WHEREAS, such Projects are located at or about the following physical location: The area bound by Rock Prairie Road West, Holleman Drive South, Graham Road North and Dowling Road North in College Station, Brazos County, Texas; and WHEREAS, such Projects 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 Projects to achieve the aforesaid public purposes, 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. L, 1 Legal apprvd 02/13/14 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 Park Zone 15 Neighborhood Park Project, the Park Zone B Community Park Project and the Greenways Program Project located in the area bound by Rock Prairie Road West, Holleman Drive South, Graham Road North and Dowling Road North in College Station and Brazos County, Texas for the public purposes of providing facilities, parks, trails and other recreational areas as well as alleviating future flood damage, providing general flood plain management, buffering between land uses and protecting habitats for existing flora and fauna, and to take any and all reasonable action to achieve completion of the Projects, including the acquisition of property. PART 3: That the Projects will require the acquisition of a fee simple interest in the properties 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 Attorney and his authorized designee be hereby authorized to execute those documents necessary to close on the purchase of the Property. PART 8: 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 Projects. PART 9: That this Resolution shall take effect immediately from and after its passage. L 2 Legal apprvd 02/13/14 411) ADOPTED this / day of je64.00A-41, A.D. 20 /'7. ATTEST: APPROVED: City Secreta MAYOR APPROVED: AlA4 C. City Attorney 0 3 Legal apprvd 02/13/14 EXHIBIT "A" Being all those tracts or parcels of land located in the area bound by Rock Prairie Road West, Holleman Drive South, Graham Road North and Dowling Road North in College Station, Brazos County, Texas Said Property is depicted on the map attached hereto and made part hereof. The tracts or parcels needed for the Projects may be acquired from the following lands: Tax ID Size Location Owner (N/F) 1. 354862 2.07 ac Rock Prairie Road West White, Abner 2. 363604 1.50 ac Rock Prairie Road West Bledsoe, Wilbert Earl 3. 15815 9.39 ac Rock Prairie Road West White, Abner 4. 358553 5.36 ac Rock Prairie Road West White, Abner 5. 15810 5.00 ac 3770 Rock Prairie Road West Goodman - Woods, Lover White 6. 358552 8.00 ac Rock Prairie Road West Garrison, Daphne Pierce, et al 7. 82901 11.26 ac Graham Road North Ovais, Inc. 8. 15808 3.00 ac Rock Prairie Road West Abbate Testamentary Trust 9. 15811 28.41 ac Dowling Road North White, Abner 10. 300830 11.0 ac Graham Road North Whitworth Financial, Inc. 41) 11. 84563 2.28 ac Graham Road North Bienski Properties, LP 12. 114893 2.20 ac 4336 Graham Road North Coufal, Craig D. & Courtney A. 13. 82900 3.00 ac Graham Road North Williams, Travis Sr. & Helen 14. 306888 3.64 ac Graham Road North Williams, Travis L. Sr. 15. 15813 11.38 ac 12791 Dowling Road North Williams, Eunice E. 16. 357324 7.00 ac Dowling Road North Hollimon, Lula B. Note No. 1: Part of the Property has been excepted from annexation in City Ordinance No. 3049 by use of a Development Agreement. Note No. 2: Map follows this page. 4 Legal apprvd 02/13/14 11113,ZNY fit•,•s � .t T ' `e - f 'z''. .. 'a a 8 v6 ` \ . 4 N N d R ` c i. 8. 2 H W , LI • r \ , .. \•, ► .! s *- $ a a d c U Q U ti »= R 2TuEg 15 6, . Y O R O Q V V U m V U V 7 U = ` - h U U U V U V R V R R R U R / t� ` N. 'p R R R R R R 0 R r CO R M CO R 0 R 0 , ,% : '7 s' d ■ tlI fs. O Of (O O ON 070 r--. O O 7 M O 7 d. ` O. / . Y O O ,-: MMOO O r NN 0 cD 0 Y / , mo t i �, 0' \\ l - Nr Ql 6 4i OOr MNr NN MMr r.... r 1 ;,\,14,141114„-,, S.5 /} \' � ¢ - :, � M,p N� ¢ �x _ ' - � _ ,. c — --% , luilt.". 4': — 44110 01, ... /. ‘-' '''' ,, ...- , ..- . -1--- r ,„, „..,,,- , ' ' ' f ' . s r' TS: :11.* ` ��' • In 1 : :* .04"' * 1, - >: .....1 . 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