HomeMy WebLinkAbout08-14-14-2l - Resolution - 08/14/2014RESOLUTION DETEINING PUBLIC NEED AND NECESSITY
SOLUTION NO. 02-14-11-1-2,1
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 j; ZOS COUNTY, TE S FOR THE PURPOSE OF A
D' INAGE AND WATERLINE PROJECT; AUTHORIZING THE CITY AND ITS
REPRESENTATIVES AND EMPLOYEES TO TA ANY AND ALL REASONABLE
ACTIONS TO ACHIEVE SAME; AND CONTAINING OTHER PROVISIONS RELATED
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 Southland Street Drainage Project ("Project"); and
WHEREAS, such Project is for the public purpose of correcting drainage issues and extending a
waterline; and
WHEREAS, such Project is located at or about the following physical location: A route extending
along Bee Creek Tributary B from north of Southland Street to Southwest Parkway 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, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
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
Southland Street Drainage Project in College Station for the public purpose of
correcting drainage issues and extending a waterline, and to take any and all
reasonable action to achieve completion of the Project, including the acquisition of
property.
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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
ATTEST:
day of
City Secret
APPROVED:
City Attorney
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APPROVED:
A.D. 20 I•
EXHIBIT "A"
Being all those tracts or parcels of land necessary to complete a drainage and waterline project
located along a route extending along Bee Creek Tributary B from north of Southland Street to
Southwest Parkway 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): PARKWAY CIRCLE APARTMENTS, LTD
Brazos County Appraisal District Property ID: 37510
Street Address: 401 Southwest Parkway, College Station, Texas
Legal Description: Being Pecan Tree Estates Phase 2, College Station, Brazos County, Texas;
as described in Special Warranty Deed from Jersey Shore Savings and Loan Association to
Parkway Circle Apartments, Ltd. recorded in Volume 1237, Page 242, Official Records of
Brazos County, Texas.
Landowner (Now or Formerly): MARIA M. SAENZ-LIMON
Brazos County Appraisal District Property ID: 41959
Street Address: 128 Southland Street, College Station, Texas
Legal Description: Being Lot 19-20, Block 2, Southland Subdivision, College Station, Brazos
County, Texas; as described in Warranty Deed from Brazos Valley Community Action Agency
to Maria M. Saenz-Limon recorded in Volume 2807, Page 257, Official Records of Brazos
County, Texas.
Landowner (Now or Formerly): COPPER CREEK CONDOS, LLC
Brazos County Appraisal District Property ID: 302591
Street Address: Southwest Parkway, College Station, Texas
Legal Description: Being Lot 2R, William Brooke Hunter Estates Subdivision, College Station,
Brazos County, Texas; as described in Warranty Deed Four Ags Investments, LP to Copper
Creek Condos, LLC recorded in Volume 9766, Page 42, Official Records of Brazos County,
Texas.
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