HomeMy WebLinkAboutResolution No. 2008-30RESOLUTION NO. R2008-30
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 6,402 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 6,402
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: Alton C. Todd and Nariman Park Todd, or against the real and true owner, owners,
claimant, or claimants if Alton C. Todd and Nariman Park Todd are said not to be the owner of
the Land.
R2008-30 2
PASSED, APPROVED, AND RESOLVED this 2nd day of June, 2008.
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Dav4J. H. Smith
Mayor
ATTEST:
Deloris McKenzie, TRMC (;Fj
City Secretary � G
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P2008-so 3
EXHIBIT "A"
EASEMENT -1
METES AND BOUNDS DESCRIPTION
6,402 SQUARE FEET OUT OF
SARAH MCKISSICK LEAGUE. A -151
FR.IENDSWOOD, GALVESTON COUNTY, TEXAS
All that certain 6,402 square feet out of Sarah McKissick League, Abstract Number 151, Friendswood,
Galveston County, Texas and being out of that certain tract described in a deed dated 08-14-1992 from
Clinton R. Hackney, Jr., et ux. to Alton C. Todd, et ux. as filed in Official Records of Real Property of
Galveston County at Clerk's File Number 92-32002, Film Code Number 008-36-2725 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 — 339.69' with the most northerly west line of said Lot 17 to the
POINT OF BEGINNING of herein described tract and said point marking a point on a curve to the right
having a radius of 1,010.00' and a central angle of 19' 31' 09";
1. Thence with said curve an arc distance of 344.08' and chord bearing and distance of N 74' 14' 09" W
-- 342.42' to a point for corner;
2. Thence N 78' 50' 35" E — 29.88' with the centerline of Cowards Creek to a point for corner;
3. Thence N 571 55' 04" E — 2.94' continuing with the centerline of Cowards Creek to a point on a
curve to the left having a radius of 990.00' and a central angle of central angle of 16' 50' 34' ;
4. Thence with said curve an arc distance of 291.02' and chord bearing and distance of S 740 22' 33" E
— 289.98' to a point for corner;
5. Thence S 48' 00' 06" E — 30.38' with the edge of water of Clear Creek to a point for corner;
6. Thence S 64' 38' 29" W —4.54' with the most northerly west line of said Lot 17 to the POINT OF
BEGINNING and containing 6,402 square feet (0.1470 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 Ldoc
10-12-2006
11-846 Esmt i
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