HomeMy WebLinkAboutResolution No. 2009-07 RESOLUTION NO. R2009-07
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 BUILDINGS AND RELATED FACILITIES TO BE USED
BY THE CITY IN THE PROVISION OF PUBLIC SAFETY SERVICES TO
THE PUBLIC; AND AUTHORIZING THE INSTITUTION OF EMINENT
DOMAIN PROCEEDINGS. (FOREST BEND FIRE STATION NO. 3)
* � * � *
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 fee simple title to a
tract of land containing 0.4017 acres and an access easement across a 0.130 acre tract of land for
the construction, installation, maintenance, operation, inspection, replacement, repair, and
removal of buildings and related facilities to be used by the City in the provision of public safety
services to the public in the City of Friendswood, Texas, a more specific description of the
0.4017 tract of land is attached hereto as Exhibit"A" and made a part hereof, and a more specific
description of the 0.130 acre tract of land for the access easement is attached hereto as Exhibit
"B" and made a part hereof(hereinafter collectively referred to as 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 title to 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 buildings and related facilities to be used
by the City in the provision of public safety services to the public 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: Forest Bend Homeowners Association, Inc., or against the real and true owner, owners,
R2009-07 2
claimant, or claimants if Forest Bend Homeowners Association, Inc. is said not to be the owner
of the Land.
PASSED,APPROVED,AND RESOLVED this 12th day of January,2009.
f,'
Da 'd J. H. Smith
Mayor
ATTEST:
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D loris McKenzie, TRM � �00
City Secretary tt p
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R2oo9-07 3
METES AND BOUNDS DESCRIPTION
0.4017 ACRE OUT OF
UNRESTRICTED RESERVE`B"
FOREST BEND, SECTION ONE
FRIENDSWOOD, HARRIS COUNTY, TEXAS
All that certain 0.4017 acre out of Unrestricted Reserve`B", Forest Bend, Section One according
to the plat thereof as filed in Volume 161, Page 101 Harris County Map Records, Friendswood,
Harris County, Texas and being more particularly described by metes and bounds as follows
(bearings based on the recorded plat of said Forest Bend, Section One);
Commencing at a point marking the south corner of Lot 5, Block 2 of said Forest Bend, Section
One from which a found 5/8" iron rod bears N 58° 32' 08" W— 0.40' from said point; Thence
N 48° 24' S7" W—62.11' with the southwesterly line of said Lot 5 to a found 5/8" marking the
POINT OF BEGINNING of herein described tract and marking the east corner of that certain
lease tract between Forest Bend Homeowners Association, Inc. (Lessor) and Forest Bend
Volunteer Fire Department, Ina (Lessee) as filed in the Official Records of Real Property of
Harris County at Clerk's File Number E-408990 and Film Code Number 119-03-1062;
1. Thence N 48° 24' S7" W— 125.00' continuing with the southwesterly line of said Block 2 to
a set 5/8" iron rod with cap(stamped C. L. DAVIS-RPLS 4464)to a point for corner;
2. Thence S 41° 35' 03" W — 140.00' with the southeasterly line of a 80' wide drainage
easement as filed in Volume 161, Page 101 Harris County Map Records to a set 5/8" iron rod
for corner;
3. Thence S 48° 24' S7" E — 125.00'to a set 5/8" iron rod with cap (stamped C. L. DAVIS-
RPLS 4464) for corner;
4. Thence N 41° 35' 03" E — 140.00'to the POINT OF BEGINNING and containing 0.4017
acre(17,500 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. Davis& Company
Job Number: #11-907 0.4017 Acre M&B.doc
08/22/2007
11-907 0.4017 Acre MB
ACCESS EASEMENT
METES AND BOUNDS DESCRIPTION
0.130 ACRE OUT OF
UNRESTRICTED RESERVE`B"
FOREST BEND, SECTION ONE
FRIENDSWOOD, HARRIS COUNTY,TEXAS
All that certain 0.130 acre out of Unrestricted Reserve `B", Forest Bend, Section One according
to the plat thereof as filed in Volume 161, Page 101 Harris County Map Records, Friendswood,
Hanis County, Texas and being more particularly described by metes and bounds as follows
(bearings based on the recorded plat of said Forest Bend, Section One);
Beginning at a point marking the south corner of Lot 5, Block 2 of said Forest Bend, Section One
from which a found 5/8" iron rod bears N 58° 32' 08"W—0.40' from said point;
1. Thence N 48° 24' S7" W—62.11' with the southwesterly line of said Block 2 to a found 5/8"
iron rod for corner marking the east corner of that certain lease tract between Forest Bend
Homeowners Association, Inc. (Lessor) and Forest Bend Volunteer Fire Department, Inc.
(Lessee) as filed in the Official Records of Real Property of Harris County at Clerk's File
Number E-408990 and Film Code Number 119-03-1062;
2. Thence S 41° 35' 03" W— 140.00' to a set 5/8" iron rod with cap (stamped C. L. DAVIS-
RPLS 4464) for corner;
3. Thence N 86° 35' 03" E— 86.15' to a point marking a point on a curve to the right having a
radius of 50.00' and a central angle of 104° 32' 12";
4. Thence with said curve and the northerly right-of-way line of Laura Leigh Lane an arc
distance of 91.23' and a chord bearing and distance of N 42° 26' 46" E — 79.09' to the
POINT OF BEGINNING and containing 0.130 acre(5,650 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. Davis&Company
Job Number: #11-907 Access Easement M&B.doc
08/22/2007
11-907 Access Easement MB