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Home My WebLink About06-27-2002-10.06 - Resolution - 06/27/2002 RESOLUTION DETERMINING NEED RESOLUTION NO. 06 -27- 2002 -10.06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE THE FEE SIMPLE INTEREST IN CERTAIN PROPERTY; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE THE FEE SIMPLE INTEREST IN PROPERTY FOR THE JONES - BUTLER ROAD, PHASE 2 PROJECT; AND ESTABLISHING PROCEDURES FOR THE ACQUISITION OF THE FEE SIMPLE INTEREST IN THE 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 the fee simple interest for the Jones - Butler Road, Phase 2 Project; and WHEREAS, there may be improvements located on some of the real property in which the fee simple interest 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 Jones - Butler Road, Phase 2 Project, and the public welfare and convenience will be served by the acquisition of an the fee simple interest in properties referenced as in Exhibit "A" and Exhibit `B" attached hereto and made a part hereof for all purposes as part of the Jones - Butler Road, Phase 2 Project, for the purpose of transportation and public utilities. 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 fee simple interest in property for the Jones - Butler Road, Phase 2. 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 fee simple interest in said parcels. PART 4: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of the fee simple interest in the parcels. RESOLUTION NO. 06 -27- 2002 -10.06 Page 2 ,,, PART 5: 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. PART 6: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the fee simple interest, the City's Land Agent is authorized to communicate a written offer to the owners of said parcels for the acquisition of the fee simple interest 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. PART 7: That the Mayor after approval by City Council is hereby authorized to execute all documents necessary to acquire the fee simple interest in each of the parcels needed for said Project, on behalf of the City of College Station. 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 27 day of June, A.D. 2002. ATTEST: APPROVED: 4'w..-L 44,4— CL) CONNIE HOOKS, City Secretary RON SILVf , Mayor APPROVED: Signed by,Roxatt a Neme(k City Attorney 410 Exhibit "A" ** * * * * * * ** Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, Texas 77845 (979) 690 -3378 Jones - Butler Road Right -of -Way TLS Parcel Crawford Burnett League College Station, Texas 30 August 2000 All that certain tract or parcel of land lying and being situated in the Crawford Burnett League in College Station, Brazos County, Texas, being a part of that 134.041 acre tract conveyed to TLS Properties, Ltd. by deed recorded in Volume 3022, Page 187 of the Official Records of Brazos County, Texas, and being more particularly described as follows: Beginning at a %s" iron rod found at the most easterly corner of Lot 2 Block "A" of Holleman Village Addition as described by plat recorded in Volume 3613, Page 285 of the Official Records of Brazos County, Texas, in the northwest line of the said TLS Properties, Ltd. tract. Thence N 41° 27' 46" E — 45.00 feet along the southeast line of the said Holleman Village Addition to the most easterly comer of same; Thence S 53° 15' 37" E — 96.61 feet along the line between the said TLS Properties, Ltd. tract and that 47.27 acre tract conveyed to Mohawk, Ltd. by deed recorded in Volume 326, Page 869 of the Deed Records of Brazos County, Texas, to the most southerly corner of the said Mohawk tract; Thence S 49° 56' 51" E — 86.66 feet along the northeast line of the said TLS Properties tract to the most northeasterly corner of this tract; Thence S 22° 03' 25" E — 235.11 feet along the southwest line of the abandoned I &GN Railroad Right - of-Way described by Quit Claim deed to Brazos County, Texas, recorded in Volume 272, Page 425 of the Deed Records of Brazos County, Texas, to a i/" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set for the most southerly corner of this tract; Thence along the arc of a counterclockwise curve (R= 1684.66'; Delta = 13° 30' 57 ") through the said TLS Properties tract, the chord of which bears N 41° 19' 47" W — 396.49 feet to the Point of Beginning and containing 0.38 acres of land more or less. Bearings are Texas State Plane, Central Zone, as determined by GPS City of CS 1994 GPS monuments. Ns7'$,9ts, 164 ' 11H• • ' " tim ,../ ,411 Exhibit "B" l r' Joe Orr, Inc. * * * * * * * * * ** Surveyors & Engineers 2167 Post Oak Circle College Station, Texas 77845 (979) 690 -3378 Jones - Butler Road Right -of -Way Mohawk Parcel ' Crawford Burnett League College Station, Texas 29 August 2000 • All that certain tract or parcel of land lying and being situated in the Crawford Burnett League in College Station, Brazos County, Texas, being a part of that 47.27 acre tract conveyed to Mohawk, Ltd. by deed recorded in Volume 326, Page 869 of the Deed Records of Brazos County, Texas, shown on the plat of Woodway Village Phase One recorded in Volume 422, Page 867 of the Deed Records of Brazos County, Texas as "Jones- Butler Road (Future)" and being more particularly described as follows; Beginning at a 5/8" iron rod with a yellow plastic cap stamped "KERR RPLS 4502" found at the intersection of the southeast line of Holleman Drive and the southwest line of the said Mohawk, Ltd. tract, which is the most northerly comer of that 5.169 acre tract conveyed to Edsel G. Jones by deed recorded in Volume 1969, Page 40 of the Official Records of Brazos County, Texas. Thence N 41° 54'02" E — 40.00 feet along the southeast line of Holleman Drive to a %" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set at the most northerly corner of this tract; Thence S 48° 05' 58" E — 590.42 feet, parallel to and forty feet (40') from the northeast line of the said Edsel Jones tract, at 425.42 feet pass a 5/8" iron rod with a yellow plastic cap stamped "KERR RPLS 4502" found 0.38' right and at 468.19 feet pass another 5/8" iron rod with a yellow plastic cap stamped "KERR RPLS 4502" found 0.37' right, to the southeast line of that 1.654 acre tract conveyed to the City of College Station by deed recorded in Volume 3033, Page 124 of the Official Records of Brazos County, Texas; Thence N 42° 01' 16" E — 5.00 feet along the southeast line of the said City of College Station 1.654 acre tract to a ' /2" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set for a corner of this tract; Thence S 48° 05' 58" E — 829.82 feet continuing through the said Mohawk, Ltd. tract to a ' /2" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set for the beginning of a tangent curve to the right (R= 1774.66'); Jones - Butler Road — Mohawk, Ltd. Tract Page 1 of 2 laity Thence along the are of said curve through a central angle of 3° 16' 18" to a %2" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set at the most easterly corner of this tract in the southeast line of the said Mohawk, Ltd. tract; Thence S 50° 30' 48" W — 33.80 feet along the southeast line of the said Mohawk, Ltd. tract to the most southerly corner of the said Mohawk, Ltd. tract; Thence N 53° 15' 37" W — 96.61 feet along the line between the said Mohawk, Ltd. tract and that 134.041 acre tract conveyed to TLS Properties, Ltd. by deed recorded in Volume 3022, Page 187 of the Official Records of Brazos County, Texas, to the most easterly corner of Holleman Village Addition described by plat recorded in Volume 3613, Page 285 of the Official Records of Brazos County, Texas; Thence N 48° 05' 58" W — 1420.25 feet along the southwest line of the said Mohawk, Ltd. tract, at 730.25' pass a 5/8" iron rod found at the most easterly corner of the said Edsel Jones tract, to the Point of Beginning and containing 1.49 acres of land more or less. Bearings are Texas State Plane, Central. Zone, as determined by GPS observations using City of CS 1994 GPS monuments. r'° i�s�fV i� • � • 14;704 A 1, 0 1t76 `'414 S .40 .; 40 Jones- Butler Road — Mohawk, Ltd. Tract Page 2 of 2