HomeMy WebLinkAboutResolution No. 2008-28RESOLUTION NO. R2008-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, DETERMINING THAT AN
EASEMENT IS NEEDED FOR CONSTRUCTION AND
MAINTENANCE OF UTILITIES AS PART OF THE DEEPWOOD
FORCE MAIN PROJECT; APPROVING THE PURCHASE OF
SAID EASEMENT FROM THE AUTUMN CREEK COMMUNITY
ASSOCIATION, INC., PROPERTY OWNERS.
WHEREAS, the City Council of the City of Friendswood finds and determines that public
convenience and necessity require that the City acquire a sewer easement (the "Easement") over,
across and under a certain tract of land containing 3,829 square feet of land more specifically
described in Exhibit A, as a part of the Deepwood Force Main Project within the City; and
WHEREAS, the City of Friendswood, through its duly authorized representative, has
negotiated with the owners of said tract of land for the purchase of such Easement for the herein
stated purpose and has been able to agree with such owners as to the fair market value thereof; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. The facts and matters 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 the authorized representative of the City for the acquisition of
the Easement over the herein described tract of land, and that said negotiations were successful, and
that the acquisition of the Easement for the negotiated price is approved.
Section 3. The Mayor is authorized to execute any documentation necessary to accept,
document, and record said Easement.
PASSED, APPROVED, AND RESOLVED this 24th day of March, 2008.
ATTEST:
C
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McKenzie, TRMC
City Secretary
David IJ.H. Smith
Mayor
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R2008-28 2
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 Harris 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 518" iron rod marking the north corner of Lot 4 of said Autumn Creek, Section
Nine; Thence S 38' 21' 23" W — 278.18' 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;
Thence S 38' 21' 23" W — 20.11' continuing with the common southeast line of said Restricted
Reserve "D" anti the northwest line of said Lot 4 to a point for corner;
2. Thence N 45° 44' 33" W — 191.4l' to a point for corner;
3. Thence N 38Q 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 450 44' 33" E — 191.4l' 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
11-846 Esmt 8