HomeMy WebLinkAbout4-13-2000-12.11 - Resolution - 04/13/2000RESOLUTION NO. 4-13-2000-12.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, DECLARING THE NECESSITY FOR ACQUIRING BY CONDEMNATION
CERTAIN DESCRIBED PROPERTY FOR THE GEORGE BUSH EAST EXTENSION
PROJECT, AND ORDERING THE CONDEMNATION OF SAID PROPERTY TO
PROCEED.
WHEREAS, the City Council of the City of College Station, Texas, has heretofore determined to
acquire certain property for the extension of George Bush East; and
WHEREAS, an independent professional appraisal report of the subject property 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
by Resolution of the City Council on October 14, 1999; and
WHEREAS, an official written offer based upon the amount determined to be just compensation
has been transmitted to the owners of the property described herein, and the owners have been
unable to agree with the City of College Station upon the property's fair cash market value and
further negotiations for settlement have been futile and impossible; and
WHEREAS, the City of College Station has complied with all prerequisites of the laws of the State
of Texas to acquire the property, save and except oil, gas and sulfur rights with no rights of
exploration, to the property described as follows;
All that certain lot, tract or parcel of land lying and being situated in Brazos
County, Texas, and being Lot 2, The Boardwalk, an addition to the City of
College Stat/on, Brazos County, Texas, according to the Plat recorded in
Volume 498, Page 327 of the Deed Records of Brazos County, Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS:
PART 1:
That the official offer by the City of College Station for the property described
herein, in the amount of Five Thousand Dollars ($5,000.00), 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 property owners, in accord with the laws of the State of
Texas, for the property described herein, and the owners of that property and the
City of College Station have been unable to agree and cannot agree upon the value
of the land and further settlement negotiations have become futile and impossible.
PART 3:
That public necessity requires the acquisition of the property described herein, save
and except oil, gas, and sulfur rights with no right of exploration, for the extension
of George Bush East in the City of College Station, Texas; and that public necessity
and convenience require the condemnation of this property in order to acquire it for
such purpose.
PART 4:
That the City Attorney is hereby authorized and directed to institute proceedings in
eminent domain against C. Eugene Larey and Richard Smith, owners of the
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RESOLUTION NO. 4-13-2000-12.11 Page 2
PART 5:
PART 6:
property described herein, and against all other owners, lienholders, and other
holders of an interest in the property, in order to acquire the property, 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
deschbed herein.
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 13th day of April
,2000.
ATTEST:
CNS~,IIE HOOKS, City Secretary
APPROVED
LYN}'4/McILHANEy,
APPROVED:
Roxanne Nemcik
First Assistant City Attorney
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