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HomeMy WebLinkAbout12-13-2007-2e - Resolution - 12/13/2007RESOLUTION DETERMINING NEED RESOLUTION NO. 12 -13- 2007 -2e 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, THE FEE SIMPLE INTEREST IN CERTAIN PROPERTY FOR THE UTILITY SERVICE CENTER EXPANSION 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 public facilities including, but not limited to, facilities for utility services and public works ( "Public Facilities "); and WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the Public Facilities 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 Public Facilities 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 improvement and expansion —of its Public Facilities including its Utility Service Center, (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 proceed with the Project, through the City's acquisition, by purchase or condemnation proceeding, of the fee simple interest in the real property more fully described in Exhibit A, attached hereto and incorporated herein by reference for all purposes (the "Property "); 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 Property, and RESOLUTION NO. 12 -13- 2007 -2e Page 2 the public welfare and convenience will be served by the acquisition of the Property. 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 Property. 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 Property. PART 4: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of the Property. PART 5: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the Property, the City's Land Agent, other staff appraiser or contracted real estate agent 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 Property 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 Property, 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. U:1Resolution 20070ecember 20071RESOLUTION DETERMINING NEED 12 -13- 2007- 2e.doc RESOLUTION NO. 12 -13- 2007 -2e Page 3 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 13 day of December A.D. 2007. ATTEST: City Secretary APPROVED: MAYOR APPROVED: l VFRTFY mWhPn iN Vi Anne&v City Attorney U: IResolulion 20070ecember 2007VZESOLUTION DETERMINING NEED 1243- 2007- 2e.doc Exhibit "A" F. M. Arnold, et ux - 14.84 acre Tract Page 1 of 2 LEGAL DESCRIPTION OF THE LAND: All that certain tract or parcel of land lying and being situated in the ROBERT STEVENSON LEAGUE, A -54, College Station, Brazos County, Texas, and being out of the A.G. Edwards 144 acre tract, and being more particularly described as follows: Beginning at a point where the Northeast line of the said 144 acre tract intersects the right -of -way fence of the Public Road along the Southeast side of the said 144 acre tract; THENCE S 45 W 1238 feet along said right of way fence to a stake for comer; THENCE N 44 55' W 1587.9 feet to an iron stake for corner; THENCE N 44 55' E 92.3 feet to the Southeast corner of a concrete stake for corner; THENCE N 40 02'W 174.8 feet to a stake for corner; THENCE N 68 06' E 40.2 feet to an iron pipe for comer; THENCE N 45 58' E 34.6 feet to an iron pipe for comer; THENCE N 45 58' E 10.8 feet; THENCE N 39 57'W 37.0 feet to a fence post for corner; THENCE N 46 06' E 1047.5 feet to a fence post for comer in the Northeast line of the said 144 acre tract; THENCE S 44 55' E 1761.8 feet along fence, said fence being the Northeast line of said 144 acre tract to the PLACE OF BEGINNING, containing 50.02 acres of land, more or less, and being the same property conveyed to F.M. Arnold, et ux in deed dated September 28, 1959, recorded in Volume 200, page 445, Deed Records of Brazos County, Texas SAVE AND EXCEPT THE FOLLOWING TRACTS: All that certain tract or parcel of land lying and being situated in the ROBERT STEVENSON LEAGUE, A -54 in Brazos County, Texas, being a part of that 50.02 acres tract conveyed to F.M. Arnold, et ux, by deeds recorded in Volume 189, page 405 and Volume 200, page 445 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: BEGINNING at an iron rod found in the northwest line of Graham Road at the most Easterly corner of the said Arnold tract which is the most Southerly corner of that 51.05 acre tract conveyed to Area Progress Corporation by deed recorded in Volume 429, page 769 of the Deed Records of Brazos County, Texas. THENCE S 41 55' 31" W - 858.30 feet along the northwest line of Graham Road to an iron rod set for the most southerly corner of this tract; THENCE N 47 40' 02" W - 1776.42 feet through the said Arnold tract to an iron rod set for the most westerly corner of this tract in the southeast line of that 17.06 acre tract conveyed to M. P Laurent, Jr. by deeds recorded in Volume 123, page 603 and Volume 135, page 603 of the Deed Records of Brazos County, Texas; THENCE N 43 01' 26" E - 858.30 feet along the line between the said Laurent tract and the said Arnold tract to an iron rod set at the most northerly comer of the said Arnold tract in the Southwest line of that 46.60 acre tract conveyed to Area Progress Corporation by deed recorded in Volume 429, page 766 of the Deed Records of Brazos County, Texas; THENCE S 48 01' 03" E - 1311.39 feet along the line between the said Arnold tract and the said Area Progress Corporation tracts to an iron rod found at an angle point; Exhibit W' F. M. Arnold, et ux - 14.84 acre Tract Page 2 of 2 THENCE S 46 38' 56" E - 448.67 feet continuing along the line between the said Arnold tract and the said Area Progress Corporation 51.05 acre tract to the POINT OF BEGINNING and containing 35.00 acres of land, more or less, and being the same tract conveyed to the City of College Station by F.M. Arnold, et ux in deed recorded in Volume 692, page 506 of the Official Records of Brazos County, Texas. AND FURTHER SAVE AND EXCEPT: All that certain 0.176 acre tract or parcel of land lying and being situated in the ROBERT STEVENSON LEAGUE, A -54, Brazos County, Texas and being a portion of the remainder of a 30.02 acre tract of land conveyed to F.M. Arnold and wife, Olive M. Arnold, as described by a deed recorded in Volume 200, page 445 of the Deed Records of Brazos County, Texas. Said 0.176 acre tract being more particularly described by metes and bounds as follows: BEGINNING at an iron bar marking the south corner of the said 30.02 acre tract and also lying on the northwest line of Graham Road. Said iron rod also lying on the northeast line of a 77 acre tract of land conveyed to Horace Schaffer and Clyde Schaffer, Trustee as described by a deed recorded in Volume 400, page 7 of the Deed Records of Brazos County, Texas. THENCE N 47" 49' 58" W with the common line of the F.M. Arnold and the said 77 acre tract for a distance of 17.25 feet to a 5/8" iron rod set for corner; THENCE N 41 03' 13" E across the said 30.02 acre tract for a distance of 379.61 feet to a 5/8" iron rod set for corner. Said iron rod also lying on the southwest line of a 35.00 acre tract conveyed to the City of College Station by F.M. Arnold and wife, Olive Arnold, as described by a deed recorded in Volume 692, page 506 of the Official Records of Brazos County, Texas. THENCE S 47" 39'25" E with the common line of the said City of College Station 35.00 acre tract and the aforesaid 30.02 acre tract for a distance of 23.09 feet to a fence post for corner. Said fence post lying on the northwest right -of -way line of Graham Road. THENCE S 41 56'06"W with the said Graham Road right -of -way line for a distance of 379.47 feet to the PLACE OF BEGINNING and containing 0.176 acres of land, more or less, and being the same tract conveyed to the City of College Station by F.M. Arnold, et ux by deed recorded in Volume 1801, page 268, Official Records of Brazos County, Texas.