HomeMy WebLinkAbout8-13-98-5m-4 - Resolution - 08/13/1998RESOLUTION DETERMINING NEED
RESOLUTION NO. 8-13-98-5m-4
A RESOLUTION OF THE CITY COUNCIL OF THE 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
fight of way necessary to widen a portion of Luther St. West; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COIYNCIL OF THE
CITY OF COLLEGE STATION, TEXAS:
PART
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 2,219 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.
RESOLUTION NO 8-13-98-5ra-4
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
ATTEST:
CONNIE HOOKS, City Secretary
APPROVED
LYNN McILHANEY, Mayor/
EXHIBIT A
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, Texas 77845
Proposed Luther Street Right-of-Way Addition
Ned Peterson Tract
Crawford Bumett League
College Station, Texas
July 17, 1998
All that certain tract or parcel of land lying and being situated in the Crawford Bumett
League, Abstract No. 7, in College Station, Brazos County, Texas, being a part of that
called ½ acre tract conveyed to Ned Peterson by deed recorded in Volume 78, Page 342
of the Deed Records of Brazos County, Texas, and being more particularly described as
follows:
Beginning at a V2" iron rod found at an old fence comer in the southeast line of West
Luther Street at the intersection of the northeast line of the said Ned Peterson tract and the
southeast line of West Luther Street, which is the most westerly comer of that 1.072 acre
tract dedicated for R.O.W. as shown on the final plat of Melrose Subdivision recorded in
Volume 2970, Page 211 of the Official Records of Brazos County, Texas.
Thence S 46° 31' 03" E - 20.05 feet along the northeast line of the said Ned Peterson tract
as fenced which is also the boundary between the said Ned Peterson tract and Lot 3 in
Block 1 of the said Melrose Subdivision to a W' iron rod found at the most southerly
comer of the said 1.072 acre tract dedicated for R.O.W.;
Thence S 41° 30' 30" W - 110.51 feet through the said Ned Peterson tract to a W' iron
md set in the line between the said Ned Peterson tract and that tract called ~ acre first
tract conveyed to Ned Peterson and wife Etta Peterson recorded in Volume 137, Page 634
of the Deed Records of Brazos County, Texas;
Thence N 47° 23' 40" W - 20.06 feet along the line between the said Ned Peterson tract
and the said Ned and Etta Peterson tract to a wood stake set for the most westerly comer
of this tract in an old fence line along the southeast line of West Luther Street;
Thence N 41° 31' 12" E - 110.82 feet along an old fence line on the southeast line of
West Luther Street to the Point of Beginning and containing 0.051 acres (2219 sq. ft.) o~
land more or less.
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