HomeMy WebLinkAbout08-14-14-2j - Resolution - 08/14/2014RESOLUTION DETE'_ INING PUBLIC NEED AND NECESSITY
' SOLUTION NO. DT --
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TE S, DETERMINING PUBLIC NEED AND NECESSITY FOR THE
CITY TO INITIATE, COMPLETE, AND ACQUIRE CERTAIN PROPERTY
LOCATED IN COLLEGE STATION, B ZOS COUNTY, TE S FOR THE
PURPOSE OF A STREET REHABILITATION PROJECT; AUTHORIZING THE
CITY AND ITS REP ;SENTATIVES AND EMPLOYEES TO TAKE ANY AND
ALL REASONABLE ACTIONS TO ACHIEVE SAME; AND CONTAINING
OTHER PROVISIONS ' LATED TO THE SUBJECT MATTER.
WHEREAS, the City of College Station, Texas ("City") is a home rule municipality duly
incorporated and chartered under the constitution and laws of the state of Texas; and
WHEREAS, the City is engaged in the Nimitz Street Rehabilitation Project ("Project");
and
WHEREAS, such Project is for the public purpose of street rehabilitation and widening;
and
WHEREAS, such Project is located at or about the following physical location: A route
extending along Nimitz Street from Ash Street to Lincoln Avenue in College Station,
Brazos County, Texas; and
WHEREAS, such Project will necessitate the acquisition of land as set forth in this
Resolution; and
WHEREAS, the City Council of the City desires to acquire land for the Project to achieve
the aforesaid public purpose, and herein determines it to be in the best interest of its citizens
and the general public to designate its lawful agents and representatives, including City
staff, to achieve same; and
WHEREAS, the City Council of College Station, Texas ("City") previously authorized a
Resolution for the Nimitz Street Rehabilitation Project ("Project"), being Resolution No.
14-433 on May 22, 2014, that authorized the acquisition of right-of-way necessary for the
Project; and
WHEREAS, the City desires to also acquire an easement interest in an additional property
necessary for the Project; now therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TE S:
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PART 1: That the facts and recitations set forth in the preamble of this Resolution are
hereby declared true and correct.
PART 2: That the City Council of the City of College Station, Texas, herein
determines it to be in the best interest of its citizens and the general public
to commence the Nimitz Street Rehabilitation Project in College Station for
the public purpose of street rehabilitation and widening, and to take any and
all reasonable action to achieve completion of the Project, including the
acquisition of property.
PART 3: That the Project will require the acquisition of an easement interest in the
property as described in Exhibit "A" attached hereto and made a part of this
Resolution ("Property").
PART 4: That the City's representatives, agents, and staff are hereby authorized to
acquire the Property pursuant to applicable law, including Chapter 2206
Texas Government Code and Chapter 21 Texas Property Code as same may,
from time to time, be amended; and to specifically provide the Landowner's
Bill of Rights to landowners, and to conduct such land appraisals as may be
desired and as may be required by law.
PART 5: That adoption of this Resolution shall not authorize the City's
representatives, agents, and staff to proceed to condemnation without first
obtaining express authority to condemn from the City Council.
PART 6: That the City Manager is hereby authorized to direct and designate City staff
and to contract with one or more agents or representatives as deemed
appropriate to act on behalf of the City to acquire the Property, including
contracting with professional appraisers for appraisal services, and
contracting with professional real estate agents to act as a land agent for the
City relating to acquisition of the Property.
PART 7: That the City Attorney and his authorized designee be hereby authorized to
execute those documents necessary to close on the purchase of the Property.
PART 8: That the City Manager and his authorized designee be authorized to sell any
surplus improvements and to order the removal or the demolition of any
improvements that are located on the Property that in their determination
hinder or are unnecessary to completion of the Project.
PART 9: That this Resolution shall take effect immediately from and after its
passage.
ADOPTED this
day of
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A.D. 20
ATTEST:
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City Secret u
APPROVED:
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APPROVED:
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EXHIBIT "A"
Being all those tracts or parcels of land necessary to complete a road rehab and widening
located along a route extending along Nimitz Street from Ash Street to Lincoln Avenue in
College Station, Brazos County, Texas. Said route is depicted on the map attached hereto
and made part hereof. The parcels needed in easement interest for the project may be
acquired from the following lands:
Landowner (Now or Formerly): SHABEER JAFFAR
Brazos County Appraisal District Property ID: 41712
Street Address: 828 Nimitz Street, College Station, Texas
Legal Description: Being Lot 6-11, D.A. Smith Subdivision, College Station, Brazos
County, Texas; as described in Warranty Deed from Charles Szabuniewicz to Shabeer
Jaffar recorded in Volume 2815, Page 272, Official Records of Brazos County, Texas.
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