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HomeMy WebLinkAboutResolution No. 2008-73RESOLUTION NO. R2008-73 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 16-INCH TRANSMISSION LINE PROJECT FOR THE CITY OF FRIENDSWOOD, TEXAS; AND AUTHORIZING THE CITY MANAGER TO MAKE FINAL OFFER TO ACQUIRE SUCH LAND. (Ronald and Rosemary Dyer) 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 an easement over and across a tract of land containing 1,303 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 1,303 square feet tract of land is attached hereto as Exhibit "A" and made a part thereof, (herein after the "Land"); and WHEREAS, the City Council of the City of Friendswood desires to authorize the City Manager to make a final offer to the owners of the Land for the purchase of an easement based upon its appraised value; 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 desires authorize the City Manager to make a final offer to Ronald Dyer and his wife, Rosemary Dyer, for the acquisition of an easement over and across the herein described tract of the Land based on its appraised value or to the real and true owner or owners of the Land if Ronald Dyer and his wife, Rosemary Dyer are said not to be the owners of the Land. 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. PASSED, APPROVED AND ADOPTED this 6th day of October, 2008. David J.H. Smith Mayor City Secretary R2008-73 2 EXHIBIT "A" EASEMENT 4 METES AND BOUNDS DESCRIPTION 1,303 SQUARE FEET OUT OF LOT 10, BLOCK 1 MUSTANG MEADOWS FRIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 1,303 square feet out of Lot 10, Block 1, Mustang Meadows according to the plat thereof as filed in Plat Record 15, Map No. 14 Galveston County Map Records, Friendswood, Galveston County, Texas and being that salve 10' strip described as a 10' drainage easement access for maintenance as filed in Plat Record 15, Map No. 14 Galveston County Map Records 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 most northerly east corner of said Mustang Meadows and marking a point on the southerly right-of-way line of Falling Leaf Drive; Thence S 410 46' 58" W — 1,517.65' with the southeasterly line of said Block 1, Mustang Meadows to a found 5/8" iron rod with cap (stamped C. L. DAVIS-RPLS 4464) marking the east corner of said Lot 10; Thence N 180 47' 14" W — 34.45' with the northeasterly line of said Lot 10 to the POINT OF BEGINNING of herein described tract; 1. Thence S 411 46' 58" W — 127.50' with the northerly line of a 30' drainage easement as filed in Plat Record 15, Map No. 14 Galveston County Map Records and the southerly line of said 10' drainage easement access for maintenance to a point for comer; 2. Thence N 47' 52' 44" W — 10.00' with the southwesterly line of said Lot 10 to a point for corner; 3. Thence N 41' 46' 58" E — 133.08' with the northerly line of said 10' drainage easement access for maintenance to a point for corner; 4. Thence S 18' 47' 14" E — 11.48' with the northeasterly line of said Lot 10 to the POINT OF BEGINNING and containing 1,303 square feet 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. 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