HomeMy WebLinkAboutResolution No. 2008-45RESOLUTION NO. R2008-45
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 9,232 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 9,232
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: William J. Wasko and Susan J. Brown, or against the real and true owner, owners,
claimant, or claimants if William J. Wasko and Susan J. Brown are said not to be the owner of
the Land.
x2ooa-as 2
PASSED, APPROVED, AND RESOLVED this 2"d day of June, 2008.
David J. H. Smith
Mayor
ATTEST:
R2008 45
EXHIBrr "A"
EASEMENT - 10
METES AND BOUNDS DESCRUMON
9,232 SQUARE FEET OUT OF
LOTS 2 AND 3
AUTUMN CREEK, SECTION NWE
FRfENDSWOOD, HARRIS COLN-1�. TEXAS
A 11 thaT certain 9,232 square, Peer on-L of Lots 2 and 3, Auturnn. C reek, Section Nine according to the plat
thereof as filed in Volume 497, Page 14 Harns County Map Records, Friendswood, Harris County, Teas
and being out of that certain tract as desc-ib,-4 in a deed dated 04-26-2006 from Autumn Creek
Development, Ltd. to William J. Wasko, et ux. as fil--d in Official Records of Real Property of Harris
County ' at Clerks File Number Z-267596, Film Code Nianiber 021-22-03021 and beinga more particularly
described by metes and bounds as follows {bearings based on Texas Coordinate SyAern of 1983- South
Central Zone);
Coiru-nencing at a found 5/8" iron rod marking the non-*.b corner of said Lot 4 ', Thence S 330 21 ' 23" W -
278. 18' with the com-mon southeast line of Restricted Rtscrve "D" of said AaLmn Creek ScctionNino-
anti the northwest line of said Lot 4 to a point for comer.- Thence S 45' 44' 33' E - 456.43' to the POINT
OF BEGININMI of herein described tract;
I - Thence S 451 44' 33" E - 79.41 ' to a point mark -mg the beginning of a carve to the right having a
radius of 1,0 10. 00' and a central angle of 210 14' 24;
2. Thence with said curve an are distance of 374.41' and a chord bearing and distance of
S 35* 07'21" E- 372.27'to a point for corner,
3. Thence S 23" 19' 13'-'W - 27.22' with the common southeast line of &-eid Lot 2 and the northwest line
of Lot I of said Autumn Creek, Section Nine to a point on a curve to the left having a radius of
990,00' and a central angle of 22" 17' 51--
4. Thence with said curve an arc distance of M.27' and a chord bearing and distance of
N 34" 35' 37- W - 382.85' to the point of tangency;
5. Thence N 45' 44' 3 3" W - 84.07' to a point for corner;
6. Thence N 57' 22' 47" E - 20-554' to the POINT OF BEGI-NTNLNG and containing 9,232 square feet
(0.2119 acre) of land more or less.
This metes and bounds 6--cription is accompanied by a separate plat. drav%ing, or exhibit per Tex -as Board
0-s'Professional Land Surveyor's 'General Rules of Procedures and Practices" Section 663.19(9).
Compiled by:
C.L. Davis & Company
Job Nutribm 11-846 Esmt 10.doc
10-12-2006
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