HomeMy WebLinkAboutResolution No. 2008-46RESOLUTION NO. R2008-46
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 1,320 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 1,320
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: Jim T. Bulgier and Cindy L. Bulgier, or against the real and true owner, owners,
claimant, or claimants if Jim T. Bulgier and Cindy L. Bulgier are said not to be the owner of the
Land.
P2008-46 2
PASSED, APPROVED, AND RESOLVED this 2"d day of June, 2008.
David f. H. tmith
Mayor
ATTEST:
Deloris McKenzie, TRMC o (of
City Secretary � O
a
0
W
R2008-46
EXHIBIT "A"
EASEMENT - I 1
METES AND BOUNDS DESCRIPTION
1,320 SQUARE FEET OUT OF
LOT 1
AUTUMN CREEK, SECTION NINE
JOHN DICKERSON SURVEY, ABSTRACT NO. 15
FRIENDSWOOD, HARRIS COUNTY, TEXAS
All that certain 1,320 square feet out of Lot 1, Autumn Creek, Section Nine according to the plat thereof
as filed in Volume 497, Page 014 Harris County Map Records, John Dickerson Survey, Abstract Number
15, Friendswood, Harris County, Texas and being out of that certain tract as described in a deed dated
04-24-2007 from Autumn Creek Development, Ltd. to Jim T. Bulgier, et ux. as filed in Official Records
of Real Property of Harris County at Clerk's File Number 2007-0277499, Film Code Number 002-41-
0564 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 common northwest corner of said Lot i and the
northeast corner of Lot 2 of said Autumn Creek, Section Nine, said point also being located on the
southerly right-of-way line of Steven Luke Lane (60' wide); Thence S 23' 19' 17" W — 534.49' with the
common west line of said Lot 1 and the east tine of said Lot 2 to the POINT OF BEGINNING of herein
described tract and said point being located on a curve to the right having a radius of 1,010.00' and a
central angle of 05' 05' 14";
1. Thence with said curve an arc distance of 89.68' and a chord bearing and distance of S 21 ° 57' 28" E
— 89.65' to a point for comer;
2. Thence N 55' 58' 03" W — 34.22' with the southerly line of said Lot 1 to a point on a curve to the left
having a radius of 990.00' and a central angle of 02' 26' 18' ;
3. Thence with said curve an arc distance of 42.13' and a chord bearing and distance of
N 220 13' 28" W — 42.13' to a point for comer,
4. Thence N 23' 19' 13" E — 27.22' with the common west line of said Lot 1 and the east line of said
Lot 2 to the POINT OF BEGINNING and containing 1,320 square feet (0.0303 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 11-REVISED.doc
10-12-2006
REVISED 02-20-2008
11-846 ES" 11-REVISED
4T
— m o >a wz � Z zzi
� �
o� W
UJ
UjJZ
`tarnp9
�ZoU L
Uz of
Z W
O Wm WdpC> NQW V OiO
_�ZO
> w '�
g 3
.?WfV
gv
m
a
o rn U a � rn
Q " >>o Z
_W o I
I �` .� N�oc� c - W
'ON
` 23 49 yr w ago
0
m= I�I /w o
-� ! O a
i N
1 W 3 N
G z m m a
O W W o m ry u� n iv Z 2
LU
O 1z I n
Z O O
\ V O 00
\ g 7 H
O
o x arW, o z� o
li �"I WW¢ 2v 2r �` ru um i NG �Nw
U po f W O1,3
vso L
0 0 i P� II Q^q oaq �� vWoow 5 $ou
W ory o �o vW, �'a INWO�No ooi Uzi ��
itI ¢ 3 ( i y 2 Y I a a gxd Oz nry�- �O�p! 1` �cQip m O mwo ,nu+ &�vo-ice
moo
w oe,yz`' 3� Y Y, j111I Fmk a
e n
-Q�
v 00 U
Wo
i39Vd5 N3d0/391 NIV60) ,,,, _
.0.. 3A2/3S3N 0310181S3d +--�,x-a — U w Y p N i g fW" U 0 2 Q ci W W x x i3
=Li
W ` I � ' 2vNi \'h mac, 'm�C RWE
VVV}}} o =
J¢ H Laos �N
C 0