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HomeMy WebLinkAbout02-08-01-9.10 - Resolution - 02/08/2001RESOLUTION DETERMINING NEED RESOLUTION NO. 02-08-01-9.10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE A RIGHT-OF-WAY IN CERTAIN PROPERTY; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE A RIGHT-OF-WAY IN PROPERTY FOR THE LONGMIRE DRIVE EXTENSION PROJECT; AND ESTABLISHING PROCEDURES FOR THE ACQUISITION OF A RIGHT- OF-WAY IN PROPERTY. WHEREAS, it is necessary to establish procedures for determining the establishment and approval of just compensation for each of the parcels in which to acquire a right-of-way for the Longmire Drive Extension Project; and WHEREAS, there may be improvements located on some of the real property in which a right- of-way is acquired for this project, and such improvements may be required to be moved or demolished prior to the beginning of the Project; 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 Longmire Drive Extension Project, and the public welfare and convenience will be served by the acquisition of a right-of-way in the properties referenced in Exhibit "A" attached hereto and made a part hereof for all purposes. 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 a right-of-way in property for the Longmire Drive Extension Project. 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 appraiser shall make a recommendation to the City Manager as to the establishment and approval of the amount of the just compensation for right-of-way in said parcels. PART 4: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of right-of-way in the parcels. Resolution No. 02-08-01-9.10 Page 2 PART 5: PART 6: PART 7: PART 8: PART 9: That the City Council determines that it will waive paving assessments against parcels abutting the roadway from which any portion of said parcel is needed by the City for the right-of-way if the property owner dedicates the portion of the property necessary for the right-of-way to the City. The City Manager may execute said waivers on behalf of the City of College Station where the value of the assessment is comparable to the portion of the property acquired for the right-of-way or where the value of the assessment is used to offset the value of the portion of the property acquired. Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of right-of-way, the City's Land Agent is authorized to communicate a written offer to the owners of said parcels for the acquisition of right-of-way in said parcels at the full amount determined and established to be just compensation therefore and to negotiate with said owners on behalf of the City. That the Mayor after approval by City Council is hereby authorized to execute all documents necessary to acquire right-of-way in each of the parcels needed for said project, on behalf of the City of College Station. That the City Manager be and is hereby authorized to sell any such surplus improvements, or order the demolition thereof, located on the real property acquired in connection with this project. That this resolution shall take effect immediately from and after its passage. ADOPTED this 8th day of February, A.D. 2001. ATTEST: CONNIe HOOKS, City Secretary APPROVED: McILHANEYi Mayor APPROVED: H'ARVI~Y-~I £~ity Attorney Resolution No. 02-08-01-9.10 Page 3 Exhibit "A" Property Description(s) and Diagram(s) ~.,,.,,.,.,,.,o.o, :~ [1DIO.L .gl'£~l M, .£1.61egg $ 1103! 19~8/t~01} 'AA'O'~ 'a~ ,09 Os. .':'== ,~6'£9 ' .M, .S'Z.,/.~.££ N -',, f BITA