HomeMy WebLinkAboutResolution No. 2008-12RESOLUTION NO. R2008-12
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 INSTITUTION OF 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 right-of-way
easement over and across a tract of land containing 1.6968 acres (73,911 square feet) of land 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 1.6968 acres (73,911 square feet) of land is attached hereto as Exhibit "A"
and made a part hereof, (herein after 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 purpose stated herein
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 right-of-way easement over and across 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 public 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 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: Eclipse Development, Inc., or against the real and true owner, owners, claimant, or
claimants if Eclipse Development, Inc. is said not to be the owner of the Land.
M008-12 2
PASSED, APPROVED AND ADOPTED this 4th day of February, 2008.
David J.H. Smith
Mayor
ATTEST:
DNoris McKenzie, 7`RMC 6
' *
City Secretary (t*j
R2008-12
Exhibit A
(R2008-12)
EXHIBIT "A'
EASEMENT-7
METES AND BOUNDS DESCRIPTION
1.6968 ACRES OUT OF
S.ARAH MCKISSICK LEAGUE, ABSTRACT NO. 549
FRIEN'DSWOOD. HARRIS COUNTY, TEXAS
All that certain 1.6968 acres out of Sarah McKissick League, Abstract Number 549, Friendswood, Harris
County, Texas and being out 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 and being
more particularly described by metes and bounds as follows (bearings based on Tex -as Coordinate System
of 1983, South Central Zone);
Commencing at a point marking the most westerly west comer of said Whitcomb Clear Creek Farms, Ltd.
tract; Thence N 41' 14' 49" E - 43.96' with the common westerly line of said Whitcomb Clear Creek
Farms, Ltd. tract and the easterly right-of-way line of F.M. 528 to a point for corner from which a found
1/2" iron rod with cap (stamped 41445) bears N 80' 57' 29" E - 0.36' for reference; Thence
N 37' 54' 41" E - 464.54' continuing with the westerly line of said Whitcomb Clear Creek Farms, Ltd.
tract and the easterly right-of-way line of F.M. 528 to the POINT OF BEGINNING of herein described
tract;
1. Thence N 37' 54' 41" E - I9.83' continuing with the westerly line of said Whitcomb Clear Creek
Farms, Ltd. tract and the easterly right-of-way line of F.M. 528 to a point for comer;
2. Thence S 48' 55' 42" E - 9.82' to a point for corner;
3. Thence S 02' 40' 42" E - 33.84' to a point for corner;
4. Thence S 46' 14' 51" E - 159.81' to a point for corner;
5. Thence N 66' I5' 09" E - 301.14' to a point marking the beginning of a curve to the right having a
radius of 1,010.00' and a central angle of 53' 19' 09';
6. Thence with said curve an arc distance of 939.90' and a chord bearing and distance of
S 87' 05' 17" E - 90635' to the point of tangency;
7. Thence S 60' 25' 42" E - 340.56' to a point marking the beginning of a curse to the right having a
radius of 1,010.00' and a central angle of 14' 41' 09";
8. Thence with said curve an arc distance of 258.88' and a chord bearing and distance of
S 53' 05' 08" E - 25 9.17' to the point of tangencv,
9. Thence S 45' 44' 33" E - 1,649.49' to a point for corner;
10. Thence S 38' 22' 09" W - 20.11' with the common southeasterly line of said Whitcomb Clear Creek
Far
ms, Ltd. tract and the northwesterly line of that certain as described in a deed dated 01-21-1986
from Harris County Flood Control District to Bay Area Land Company, Ltd. as filed in Official
11-846 Esmt 7
Records of Real Property of Harris County at Clerk's File Number K-384682, Film Code Number
037-68-0518 to a point for corner;
11. Thence N 45' 44' 33" W — 1,651,55' to a point marking the beginning of a curve to the left having a
radius of 990.00' and a central angle of 14' 417 09";
12. Thence with said curve an arc distance of 253.75' and a chord bearing and distance of
N 530 05' 08" W — 253.06' to the point of tangency;
13. Thence N 60' 257 42" W — 340.56' to a point marking the beginning of a curve to the left having a
radius of 990.00' and a central angle of 53' 19' 09":
14. Thence with said curve an arc distance of 921.29' and a chord bearing and distance of
N 87' 05' 17" W — 888.40, to the point of tangency;
15. Thence S 66' 15' 09" W — 314.50' to a point for corner;
16. Thence N 46' 14' 51" W — 181.17' to a point for corner;
17. Thence N 02' 40' 42" W — 33.57' to the POiR T OF. BEGINNING and containing 1.6968 acres
(73,911 square feet) 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 Tdoc
10-12-2006
11-846 ESmt 7