HomeMy WebLinkAbout04-12-01-11.03 - Resolution - 04/12/2001RESOLUTION NO. 04-12-01-11.03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TE,-XL~tS, DECLARING THE NECESSITY FOR ACQUIRING BY CONDEMNATION THE
FEE SIMPLE TITLE TO CERTAIN DESCRIBED PROPERTY FOR RIGHT-OF-WAY TO
WIDEN, PAVE AND IMPROVE GEORGE BUSH DRIVE EAST, AND ORDERING THE
CONDEMNATION OF SAID PROPERTY TO PROCEED.
WHEREAS, the Ciw Council of the City of College Station has heretofore determined to acquire
the right-of-way necessary for the widening, paving and improving George Bush Drive East; and
WHEREAS, an independent professional appraisal report of the subject properB: has been
submitted to the City, and the City Manager has accordingly established and approved a certain
amount determined to be just compensation for that parcel, pursuant to the authority granted him
bv Resolution of the Ciw Council on August 12, 1999; and
WHEREAS, an official written offer based upon the amount determined to be just compensation
has been transmitted to the mvner of the property described herein, and further negotiations for
settlement have been futile; and
WHEREAS, the City of College Station has complied with all prerequisites of the laxvs of the State
of Texas to acquire the unencumbered fee simple rifle, save and except oil, gas and sulfur rights with
no rights of exploration, to the property described in the attached Exhibit A and Exhibit B; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TE.XLhS:
PART 1:
That the official offer by the Ciw of College Station for the fee simple interest in
property described in the attached Exhibit A, in the amount of Forw-Three
Thousand Dollars ($43,000.00), is hereby confirmed. That the official offer bv the
City of College Station for the fee simple interest in propert3.., described in the
attached Exhibit B, in the amount of Forty-One Thousand Dollars ($41,000.00), is
hereby confirmed.
PART 2:
That it is hereby determined that the City of College Station has in fact transmitted a
bona fide offer to the propert3.:, in accord with the laws of the State of Texas, for the
property described in the attached Exhibit A and Exhibit B. The property owner
and the Cit3.' of College Station have failed to a~ee upon the value of the properS: or
the damages to be paid and further settlement negotiations have become futile.
PART 3:
That public necessity requires the acquisition of the unencumbered fee simple title to
the propert-y described in the attached Exhibit A and Exhibit B, save and except oil,
gas, and sulfur rights with no right of exploration, for right-of-way for the widening
and improvement of George Busli Drive East in the Ciw of College Station, Texas;
and that public necessity and convenience requixe the condemnation of this propert3,,
in order to acquire it for such purpose.
PART 4:
That the City Attorney is hereby authorized and directed to institute proceedings in
e~rfinent domain against Michael Cornelius, owner of the property described herein,
and against all other owners, lienholders, and other holders of an interest in the
4.4.01
RESOLUTION NO. 04-12-01-11.03 Page 2
PART 4:
PART 5:
PART 6:
That the City Attorney is hereby authorized and directed to institute proceedings in
eminent domain against Michael Cornelius, owner of the property described herein,
and against all other oxvners, lienholders, and other holders of an interest in the
property, in order to acquire the unencumbered fee simple interest, save and except
oil, gas, and sulfur rights with no right of exploration, in and to the property lying
and being situated in the City of College Station, Brazos County, Texas and
described in Exhibit A and Exhibit B attached hereto and incorporated herewith.
That the City Attorney is hereby authorized to deposit the Award of the
Commissioners from aforesaid proceedings into the registry of the Brazos County
Court.
That this resolution shall take effect immediately from and after its passage.
PASSED and APPROVED this 12th day of
April ,2001.
ATrEST:
CONNIE HOOI~, Ctty Secretary
APPROVED
L~-'Nlq ~.iclLH~'qEY, Mayor
APPROVED:
Roxanne Nemcik
First Assistant City Attorney
p:lgrouplagen-cal~council
agendas~c~mp~ete~` ~ ~ ~ ~ ~4 ~ ~ ~2~ ~-`~3-ge~rg~-bush-drive-east~~ ~ ~-`~ 3--ge~rge-bu ~h-drive east resolution, doc
4,q lVO I
'x x.\ .
~ ~..-. .?;::f,,~..l :.;.?.?~..~ q = :'.. ~: ,.
~.. ,,,: ..-,., ~ ~ :..
.~,~. '~, .. : ,
"'--.. ... ~ [~ ~
"... ~ ,.., ~ .,~ ~:
.~.~ '.. ,
,....,, ~. ~ '-/~.
f;'t:' ~" ~ ': ': ~' :'~
. -,.
,.: · ~ '.. .~
./ .. /...'...,,t,.,., ,,. '~,~ ',~-,
~:. ,,, ~.'-'
,. .. ,. ~'.~
,... / :-.? '. ...% '.~' ';--, -
· .,,,L/ ~,. .. '~>'..
" ""- .,.;:x'"~ z ~[j ~.}
'~ · ": .' . ' !
,---'~'; '. x, ..... r.! " /~'.~
'". '\ ~ - ~ ". v. ~
.... ~ .,', . . .~
i ., ~., ~. ~.~ ._-'~--~- ~ ...~
"" ' '- F~
i.J? ". /"~" "
'~ -2,'-:7 2 . '..
:} ~,:. ~., ',. .:. x .,..
~,~'. ~ ". .,.,.,, - ~ .,,' '..,
',.,~_:,. .~ x' .,~' ',,',. .,'
~"~':-'-'-". 5.: ~, :.,~ , , ~ '..,.~ .~x %'
~:...z ~_~ ~ ,:_ ,, '.~ "., ,~.' ~.f -.. '..,, · ./ .,,~.J'
z'~ ~ , ~ ~, '~ ~ ,".~- '/ ~ , ~ "~ ',-
~' · ,~ ,'t' ~, .~ ,.. /'/.~..%, ,,,... ! ~. ·
.,,' . ' ,L C' - ~.~}'..' . , . "
,-- ..._\~. .~,.. ~ ~',~'t'.,~Z'. ~ ~? , ,,~
. ',;(~.~'~',~', ...'. . ~, ,,:-c~'.. ,~'_ ,~, .,~, ,. ' '. /
~ ,~'. :1.'. ":,' :.,. ,~/ ~'-'~.. ,~' ·
,,- ,.. _.-, ... .,, .. ,,
· ,,., ,\,.,~ ~..,.~ -%~..~4,-.,, , ,.,, /
'~'~"~:~., ~ '~, ~,..,,,~?,'~?" ...... . . /
, ~ .~. '~,~'~," ~ ,.., .,.,"/~.~ ...;_ ', ,.. y.
',::X\- ".?/" " · ,/"
',.. qe!· ~ ~. v,'\ ~ / ~.. ~ ,- /
~..'-' ~--- :~,,-ll[ '~. :'F/. -1,~ x z,.:3
.-..,~ ~,'x ~'~:-' ~. ~ ~ / ..~
,,""; .-'"'"'k ~,'_"- ~' ~ ~ O
!"'' ,'¢ ' Xx '"" / L~i ...1 ,.,, _ ,.
.,.-~! ,, .~, / - -,.-_ -~.~_~[~u~u~~,