HomeMy WebLinkAboutResolution No. 2007-24 RESOLUTION NO. R2007-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, MAKING FINDINGS CONCERNING
CERTAIN LAND DESCRIBED IN SUCH RESOLUTION;
DETERMINING THAT SUCH LAND IS NEEDED FOR CONSTRUCTION
OF THE SOUTH FRIENDSWOOD FORCE MAIN PROJECT FOR THE
CITY OF FRIENDSWOOD, TEXAS; RATIFYING FINAL OFFER BY
CITY MANAGER, AND AUTHORIZING CITY ATTORNEY TO BRING
EMINENT DOMAIN PROCEEDINGS.
* * * * *
WHEREAS, the City Council of the City of Friendswood now finds and determines that
public convenience and necessity requires the City of Friendswood to acquire a public utility
easement over, across, and along a tract of land, containing 4,672 square feet for the
construction, installation, maintenance, operation, inspection, replacement, repair, and removal
of certain utility lines as part of the South Friendswood Force Main Project in the City of
Friendswood, Texas, a more specific description of said 4,672 square feet tract of land is
attached hereto as Exhibit"A" and made a part thereof, (hereinafter the "Land"); and
WHEREAS, the City of Friendswood, through its duly authorized representatives, has
negotiated with the owners of the Land for the purchase of same for the hereinafter stated
purpose and have been unable to agree with such owners as to the fair cash market value thereof
and damages, if any; and
WHEREAS, the City Council of the City of Friendswood has authorized the City
Manager to make a final offer to the owners of the Land for the purchase of same based upon its
appraised value, and such final offer has been made and the owner has refused to accept such
final offer; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. The facts and recitals set forth in the preamble of this resolution are
hereby found to be true and correct.
Section 2. The City Council of the City of Friendswood finds that bona fide
negotiations have been conducted by duly authorized representatives of the City for the
acquisition of a public utility easement to the herein described tract of the Land, and that said
negotiations were not successful and have failed, and that the only way for the City of
Friendswood to acquire such interest in said tract of land is through the filing of eminent domain
proceedings.
Section 3. The Land is needed for the construction, installation, maintenance,
operation, inspection, replacement, repair, and removal of certain utility lines in the City of
Friendswood, Texas.
Section 4. The final offer heretofore made by the City Manager authorized by formal
action of the City Council, for the purchase of the Land is in all things hereby ratified and
confirmed.
Section 5. The City Attorney, by and through the law firm of Olson & Olson, L.L.P.
is hereby authorized to bring eminent domain proceedings on behalf of the City of Friendswood
under applicable provisions of law, whether provided by §251.001 of the Texas Local
Government Code, as amended, Chapter 21 of the Texas Property Code, or by any other
provision of law, against the owner or owners of the Land, to-wit: Peter Lux, or against the real
and true owner, owners, claimant, or claimants if Peter Lux is said not to be the owner of the
Land.
R2007-24 2
PASSED,APPROVED AND ADOPTED this 4th day of June,2007.
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Davi J. . Smith
Mayor
ATTEST
' , ,
De oris McKenzie, T C
City Secretary
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R2o07-24 3
?�XHIBTT"A"
EASElViENT-D
METES AND BOUNDS DESCRIPTION
4,672 SQUARE FEET OUT OF
B.S. &F. SUR.VEY,ABSTRACT NUMBER-625
FRi�NDSVJOOD,GALVESTON COUNTY,TEXAS
AIl that certain 4,672 squaxe feet out of B.S. & F. Survey, Abstract Number - 625, Friendswood,
Ualveston County, 'I'exas and out of that certain tract described in a deed dated 07-31-1990&om Donald
C�air Dzws�n; et zl to Peter LLx as filed in Official Records of Real Property of Galveston County at
Clerk's �ile Number 90-24571 and being more particularly described by metes and bounds as follows
(bearings based.on Texas Coordinate System of 1983, South Central Zone);
Beginning at a found 5/8"iron rod marking the southwest corner of Lot 26,Block 1,Final Plat of Carmel
Village Subdivision,Section One according to the plat thereof as filed in Plat Record 18,Map Number 94
Galveston County Map Records and marking the northwest corner of said Lux tract;
1. T.hence N 86° 41' S4" E-368.75' with the south line of said Block 1, Final Plat of Carmel Village
Subdivision, Section One to a found 5/8"iron rod for corner;
2. Thence N 86° 30' 30"E-36.02' continuing with the south line of said Block 1 to a found 5/8"iron
rod for corner;
3. Thence N 86°35'30"E�5.03' to a point for corner;
4. Thence 3 36°03' 31"W-12.95'to a point for corner;
5. Thence S 86°35' 30"W-56.79'to a point for comer;
6, Thence S 86°3d' 30"W-36.03' to a point for corner;
7. Thenee S 8b°41' S4"W-368.78' to a point for corner;
8. Thence S 86°49' 09"W-3.27'to a point for comer;
9. 'I'hence N 14° 52' 40" E - 1d.52' to the POINT OF BEGIIVNING and containing 4,672 square feet
{0.1073 acre)of land more or less.
This metes and bounds description is accompanied by a separate ptat,drawing or exhibit per Texas Board
of Professional Land Surveyor's"General Rules of Procedures and Practices"Section 663.19(9).
Carnpiled by:
C.L.Davis&Cor�ipany
Job Number: I1-841 4,672 sq ft Exh A Esmt D.doc
U9-19-20U5
11-841 4,b72 sq ft Exh A Esmt D.doc
EXHIBIT "B"
I
�` As AMENDED REPEAT OF
SAN JOAQUIN ESTATES SECTION ONE
LOT ONE.9LOCK ONE
7 r (P.R t8.M.N 230 G.C-M.R)
��ti ..� 1 � ��"°° ���•P%,��/ LOT 8
tot ao 89Z SHAKE HAMTLOTINJ,ET U%
Lot 2
5 7 ¢X �1 � RUSSELL HILDEBRANDT,ET AL
fit'
COUNTRY CWB DRIVE
]q@ a a1 LOT 29 �8 g / LOT 0 (2001061456 CCOR)
►�s' I _ � � �e Jtr A �. FINAL PLAT/ f \\"� FIw.5/e5R w 5 o `e j B1 OCK I 06-27-2004
- '- -�� •, ° J�W o r �$& I yip j I/ CARMEL VILLAGE SUBDIVISION \.' / 0'
SECTION ONE ° \Aar
44 C.GM LOT
LOT 30CN 6 S`R 'a C LOT x LOT v O Faa«1
1 \ o /(x1m9E
LOT 11 /J GP / EASEMENT{ P.0.8. t 5u/o� \ I r L-EAMENT-E
r xxmoo..,u,wuin voa /f �+/msER A' / g L Full a/e^iR L L4/p'w - GF-'�-c �oo `
OMM E��•r.�N]�e .J Il- [ � c Y ID�Uce sLNHLt L 1 LJ—L Ttl L 17eE_�.oE OE_—�---
»_ /P ANS/ 9 PFD- C - f•� �°
_ & EOWI,EASSol CE--D OE
_woOC�MR¢_p G E -OE- �OE (VOL(YQ' ib9S1 PG.501 CLbR��• 7N LINE LOT 0 e
EO'EOMxuNTr wNTc 9ER>xF---&,t�FASEA4ENT-B .nu \ - NOTES,
_— EIECTec EASEMENT \ i` , 0E 6G{A gARaEO eR nNEE - - n/ �_ --_ »
VOL 1693,PG 50I(.009) - v�l.w MNeS �l Rom^^^"(i TRACT No.9
'E0 NML iFNGTL Y y GPi7 GARBLE A.HhAVFY 1 f B SHOWN IS REFERENCED 70 THE
SOUTH udL duA xAluu,vc e\ w M Ate"^- r 1I 71I f °/- THE BASIS DI BEARINGS
NOR1N t 8 A XA J.1B]?6)_��$�-•---^ /E / B i0 TEXAS COORDINATE SYSTEM OF 198J, SOUTH CENTRAL
GALLED 0.6267 ACRE HARVEY J.MELCHER.ET UX ZONE.
DONALO CLA1R DAYdSLIN, ET AL r `
¢ TO c('„ TRACT No.8-B (9005558 006-88-2785) 2 THE BUILDINGS OR IMPROVEMENTS SHOWN HEREON
RESOLEyy K E S P.0'FARRELL ET AL 03-I6-1990 REPRESENT THE OUTLINE AT GROUND SURFACE LEVEL.
DONALD C.DAWSQN,ET AL f 3 PETER LUX EASEMENT-D TO UNLESS OTHERWISE NOTED-
TO c�y'� R C� (9024571 GCOR) 1 DALE D.DUNN,ET UX y
NORWOOD HOMES.INC & 07-31-1990 t0 WIDE
.. (B00N 2515,PG. 512 GCDR) �o' 3.THE UTILITY APPURTENANCES ( i.e., utiNty poles, inlets, etc.)
(9vt656 008-79-ta95) �;o 3 UTILITY EASEMENT 03-12-1974 A h SHOWN HEREON ARE THOSE VISIBLE AT THE TIME OF
03-19-1993 0.1073 Acre 44�1 SURVEY AND MAY NOT BE COMPLETE.
d
RESIDUE-CALLED 84.8891 ACRES (4.672 SQUARE FEET) 5J[�� 4 TRACT SHOWN HEREON SUBJECT TO CITY OF FWENDSWOOD
C14ARLES ANGELO,ET U%
BUILDING ORDINANCE.
TO
CHRISTOPHER ANGELO.ET UX 4p 5, THIS SURVEY PLAT IS ACCOMPANIED BY A SEPARATE METL5
(1/8 INTEREST) 5 AND BOUNDS DESCRIPTION PER TEXAS BOARD OF
AND GUY GRAUGNARD,ET UX �' PROFESSIONAL LAND SURVEYOR'S "GENERAL RULES OF
CALLED 56.883 ACRES WEI INTEREST) PROCEDURES AND PRACTICES" SECTION 663.19(9). ,
C 02-10-1987 1947)
HPISTOPHE;S. ANGELO,ET hL (8705450 0
TO 987
FRIENDSWOOD COMMUNITY CHURCH INC.
(2001016726 015-48-2271) I LINE D157-ANCE BEARING TRACT NO,6-A PETER LUX i
0-D?-2001 S P 0'FARORELL El AL EASEMENT--D
/ L14 368.75' N 86'41'54" E DALE 0.DUNN,ET UX C.L. DAVIS & Co. 150D WINDING WAY
L 15 3b.02' N 86'.30'30" E (BOOK 2515.PG 512 GCDR) FRIENDSWOOD.8 OTEXAS 77546
0.3-12-1974 LAND SURVEYING
L 16 65.03' N 86'35'30" E
L17 12.95' 5 36'03'31" w 10' UTILITY EASEMENT
L 16 56.79' S 86,35,30" w
L19 36.03' S 86'30'30" w 4,672 SQUARE FEET OUT OF
L70 368.75' S 86'41'54" W B.S. & F. SURVEY, A-625
L21 3.27' S 86'49'09" W
FRIENDSWOOD, GALVESTON COUNTY, TEXAS
L22 10.52' N 14*52*40' E DATE: 09-20-2005 1 SCALE I' = 150'`OB NO- 11-841
OWG. 1 1-841-EXHIBITS