HomeMy WebLinkAboutResolution No. 2008-13RESOLUTION NO. R2008-13
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 15,326 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 15,326
square feet tract of land is attached hereto as Exhibit "A" and made a part thereof, (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: Fwd Land Co., Inc., or against the real and true owner, owners, claimant, or claimants if
Fwd Land Co., Inc. is said not to be the owner of the Land.
R2008-13 2
PASSED, APPROVED AND ADOPTED this 4th day of February, 2008.
David J.H. Smitir
Mayor
R2008-13
Exhibit A
(R2008-13)
EXHIBIT "A"
EASEMENT - 3
METES AND BOUNDS DESCRIPTION
15,326 SQUARE FEET OUT OF
SARAH MCKISSICK LEAGUE, ABSTRACT NO. 549
FRIENDSWOOD, HARRIS COUNTY, TEXAS
All that certain 15,326 square feet out of Sarah McKissick League, Abstract Number 549, Friendswood,
Hams County, Texas and being out of those certain Tracts II and III as described in a deed dated 12-16-
1982 from SERA Country Club, Inc. to FWD Land Co., Inc. as filed in Official Records of Real Property
of Harris County at Clerk's File Number H-756477, Film Code Number 034-84-1542 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 1/2" iron pipe marking the south end of the most northerly west line of Lot 17,
Replat of Pilgrims Point according to the plat thereof as filed in Volume 15, Page 182 Galveston County
Map Records; Thence N 64' 38' 29" E — 344.23' with the most northerly west line of said Lot 17 to a
point for comer; Thence S 84' 29' 59" E — 208.59' to the POINT OF BEGINNING of herein described
tract;
1. Thence the following three (3) courses with the edge of water of Clear Creek as described in said
deed dated 12-16-1982 from SERA Country Club, Inc. to FWD Land Co., Inc.:
2. Thence N 690 48' 34" W — 0.53' to a point for comer;
3. Thence N 670 44' 09" W — 36.78' to a point for corner;
4. Thence N 63' 28' 00" W — 23.86' to a point for corner;
5. Thence S 85' 11' I i" E passing at 574.78' a point from which the common northeast comer of said
Tract II and the northwest comer of said Tract IIL bears N 010 47' 00" W — 117.26' for reference and
continuing for a total distance of 717.92' to a point for comer,
6. Thence S 87' 33' 31" E — 81.96' to a point for comer,
7. Thence S 39' 33' 09" W — 25.42' with the edge of water of Clear Creek to a point for comer;
8. Thence S 74' 32' 08" W — 0.88' continuing with the edge of water of Clear Creek to a point for
comer;
9. Thence N 87' 04' 35" W — 66.62' to a point for comer;
10. Thence N 85' 11' 11" W — 660.06' to the POINT OF BEGINNING and containing 15,326 square
feet (0.3518 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. I9(9).
Compiled by:
C.L. Davis & Company
Job Number: 11-846 Esmt 3.doe
10-12-2006
11-846 Esmt 3