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HomeMy WebLinkAboutResolution No. 2008-11RESOLUTION NO. R2008-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, DETERMINING THAT LAND IS NEEDED FOR CONSTRUCTION, INSTALLATION, MAINTENANCE, OPERATION, INSPECTION, REPLACEMENT, REPAIR, AND REMOVAL OF CERTAIN PUBLIC UTILITY LINES AS PART OF THE DEEPWOOD FORCE MAIN PROJECT FOR THE CITY OF FRIENDSWOOD, TEXAS; AND AUTHORIZING THE CITY MANAGER TO MAKE FINAL OFFER TO ACQUIRE SUCH LAND. 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 right-of-way easement over and across a tract of land containing 3,829 square feet for the construction, installation, maintenance, operation, inspection, replacement, repair, and removal of certain public utility lines in the City of Friendswood, Texas, a more specific description of said 3,829 square feet tract of land is attached hereto as Exhibit "A" and made a part thereof, (herein after the "Land"); and WHEREAS, the City Council of the City of Friendswood desires to authorize the City Manager to make a final offer to the owners of the Land for the purchase of the Land based upon its appraised value; 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 desires authorize the City Manager to make a final offer to Autumn Creek Community Association, Inc. for the acquisition of a right-of-way easement over and across the herein described tract of the Land based on its appraised value or to the real and true owner or owners of the Land if Autumn Creek Community Association, Inc. is said not to be the owner of the Land. Section 3. The Land is needed for the construction, installation, maintenance, operation, inspection, replacement, repair, and removal of certain public utility lines in the City of Friendswood, Texas. PASSED, APPROVED AND ADOPTED this 41h day of February, 2008. David J.H. mith Mayor ATTEST: D loris cK%ie, City Secretary R2008-11 2 Exhibit A (R2008-11) EXHIBIT "A" EASEMENT - 8 METES AND BOUNDS DESCRIPTION 3,829 SQUARE FEET OUT OF RESTRICTED RESERVE "D" AUTUMN CREEK, SECTION NINE FRIENDSWOOD, HARRIS COUNTY_ TEXAS All that certain 3,829 square feet out of Restricted Reserve "D", Autumn Creek, Section Nine according to the plat thereof as filed in Volume 497, Page 14 Harris County Map Records, Friendswood, Harris County, Texas and being out of that certain tract as described in a deed dated 12-19-2001 from Autumn Creek Development, Ltd. to Autumn Creek Community Association, Inc. as filed in Official Records of Real Property of Barris County at Clerk's File Number V-502526, Film Code Number 547-28-0320 and being more particularly described by metes and bounds as follows (bearings based on Texas Coordinate System of 1983, South Central Zone); Commencing at a found 5/8" iron rod marking the north corner of Lot 4 of said Autumn Creek, Section Nine; Thence S 38' 21' 23" W — 278.I8' with the common southeast line of said Restricted Reserve "D" and the northwest line of said Lot 4 to the POINT OF BEGINNING of herein described tract; 1. Thence S 38' 21' 23" W — 20.11' continuing with the common southeast line of said Restricted Reserve "D" ano the northwest line of said Lot 4 to a point for comer; 2. Thence N 45' 44' 33" W — 191.41' to a point for comer: 3. 'Thence N 38' 22' 09" E — 20.11' with the common northwest line of said Restricted Reserve "D" and the southeast line of that certain tract as described in a deed dated 07-23-2003 from Geraldine Whitcomb Partnership, Ltd. to Whitcomb Clear Creek Farms, Ltd. as filed in Official Records of Real Property of Harris County at Clerk's File Number W-860975, Film Code Number 571-77-0379 to a point for comer; 4. Thence S 45° 44' 33" E — 191.41' to the POINT OF BEGINNING and containing 3,829 square feet (0.0879 acre) of land more or less. This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices" Section 663.19(9). Compiled by: C.L. Davis & Company Job Number: 11-846 Esmt 8.doc 10-12-2006 11-M Esmt 8