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HomeMy WebLinkAbout8-13-98-5m-2 - Resolution - 08/13/1998RESOLUTION DETERMINING NEED RESOLUTION NO. 8-13-98-5m-2 A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF COLLEGE STATION, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE CERTAIN PROPERTY; GIVING NOTICE OF AN OFFICIAL DETERMINA- TION TO ACQUIRE PROPERTY FOR THE WIDENING A PORTION OF LUTHER STREET WEST; AND ESTABLISHING PROCEDURES FOR THE ACQUISITION OF PROPERTY WHEREAS, it is necessary to establish procedures for determining the establish- ment and approval of just compensation for each of the parcels to be acquired for right of way necessary to widen a portion of Luther St. West; and 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 widening Luther St. West, and the public welfare and convenience will be served by the acquisition a 2,555 square foot tract in the Crawford Burnett League described in the attached Exhibit A, for use as public right of way in the City of College Station, Texas, for the purpose of widening Luther St West and constructing any related utility relocation and drainage facilities. 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 for the widening of Luther St. West. 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 said 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 said parcel. PdESOLUTION NO 8-13-98-5m-2 Page 2 PART 4: PART 5: PART 6: PART 7: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of the parcels. Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition, the City's Land Agent is authorized to communicate a written offer to the owners of said parcels for the acquisition of 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 each of the parcels needed for said project, on behalf of the City of College Station. That this resolution shall take effect immediately from and after its passage. PASSED and APPROVED this 13th day of August, 1998. APPROVED ATTEST: CONN.; HOOKS, City Secretary LYNY4 McILHANEY, Mayor EXHIBIT A Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, Texas 77845 Proposed Luther Street Right-of-Way Addition Lela McCoy Tract Crawford Burnett League College Station, Texas July 17, 1998 All that certain tract or parcel of land lying and being situated in the Crawford Burnett League, Abstract No. 7, in College Station, Brazos County, Texas, being a part of that called ½ acre tract conveyed to Lela McCoy by deed recorded in Volume 82, Page 226 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: Beginning at a wood stake set in the southeast line of West Luther Street at the intersection line between the said Lela McCoy tract and that tract called ½ acre in deed to Annie Mae Hughes and Mabel Clemons recorded in Volume 82, Page 589 of the Deed Records of Brazos County, Texas. Thence N 41° 31' 12" E - 110.82 feet along an old fence line on the southeast line of West Luther Street to a wood stake set in the line between the said Lela McCoy tract and that 1-¼ acre tract conveyed to Ned Peterson and wife Etta Peterson by deed recorded in Volume 137, Page 634 of the Deed Records of Brazos County, Texas; Thence S 48° 10' 13" E - 20.08 feet along the line between the said McCoy tract and the said Peterson tract to a ½" iron rod set for the most easterly comer of this tract; Thence S 41° 30' 30" W - 126.95 feet through the said Lela McCoy tract to a ¼" iron rod set in the line between the said McCoy tract and the said Hughes and Clemons tract; Thence N 49 17' 22" W - 20.11 feet along the line between the said McCoy tract and the s~d Hughes and Clemons tract to the Point of Beginning and containing 0.059acres (2555 sq. ft.) of land more or less.