The URL can be used to link to this page

Home My WebLink AboutResolution No. 2002-41 RESOLUTION NO. R2002-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, MAKING FINDINGS CONCE1tNING A CERTAIN 0.170 ACRE TRACT OF LAND (7,413 SQUARE FEET) DESCRIBED IN SUCH RESOLUTION; DETERMI1vING THAT SUCH LAND IS NEEDED FOR CONSTRUCTION AND MAINTENANCE OF POTABLE WATER DISTRIBUTION FACILITIES; RATIFYING AND CONFIRNIING THE FINAL OFFER MADE BY THE CITY MANAGER TO THE OWNERS OF SUCH LAND; AND AUTHORIZING THE CITY'S ATTORNEYS TO ACQUIRE SUCH LAND THROUGH EMINENT DOMAIN PROCEEDINGS. * * * * * WHEREAS, the City Council of the City of Friendswood finds and determines that public convenience and necessity require that the City acquire a right-of-way easement over and across a certain 5.414 acre tract of land, more or less, located in the Perry and Austin League Survey, Abstract A-55, Harris County, Texas, said tract being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof for all purposes; and WHEREAS, the City of Friendswood, through its duly authorized representative, has negotiated with the owners of said tract of land for the purchase of same for the herein stated purpose and has been unable to agree with such owners as to the fair market value thereof and damages, if any; and WHEREA5, the City Council of the City of Friendswood has authorized the City Manager of the City to make a final offer to the owners of said tract for the purchase of same based upon its appraised value, and such final offer has been made and the owners have 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 matters 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 authorized representatives of the City for the acquisition of the herein described tract of land, and that said negotiations were not successful and have failed, and that the only way for the City of Friendswood to acquire such tract of land is through the filing of eminent domain proceedings. Section 3. The heretofore described property is needed for construction and maintenance of potable water distribution facilities, including, but not limited to, a twenty-four inch (24") water main line. Section 4. The final offer heretofore made by the City Manager for the purchase of said tract of land is in all things hereby ratified, confirmed, and approved. Section 5. The attorneys for the City are hereby authorized to bring eminent domain proceedings on behalf of the City of Friendswood under applicable provisions of law, whether as provided by Chapter 21 of the TE�.s P�toPExTY CoDE, Chapter 251 of the LocAL GovEU1vMENT CoDE, or by any other provision of law, against the owner or owners of said tract, to wit: Bank of America, N.A., Trustee of the Barbara E. Paschall Trust, the Sue Paschall John Trust and the Charles Paschall, Jr. Trust, Buckner Baptist Benevolences, Texas Scottish Rite Hospital for Crippled Children, Sue Paschall John, Charles E. Paschall, Jr., Barbara Paschall Averitt, Barbara Elizabeth Gary, Emily Erin Gary and Mary Gary Mohr and their respective spouses, if any, or against any other person or persons claiming title to said tract. All actions heretofore 2 taken by the attorneys for the City to initiate eminent domain proceedings as aforesaid are hereby in all things ratified, conf'irmed, and approved. PASSED, APPROVED, AND RESOLVED this 19th day of August, 2002. �� arold L. Whitaker Mayor ATTEST: 1 �' � Deloris McKenzie, MC City Secretary 3 DESCRIPTION OF A 0.170-ACRE TRACT OF LAND OUT OF THE PERRY AND AUSTIN LEAGUE, A-55,HARRIS COUNTY, TEXAS Being a tract of land containing 0.170 acres (7,413 square feet) out of the Perry and Austin League, A-55, Harris County, Texas. Said 0.170-acre tract of land being a portion of a 5.414-acre tract of land conveyed to Sue Paschall John as recorded under Harris County Clerk's File No. U119053, Film Code No. 529-56-1221 of the Official Public Records of Real Property in Harris County, also being a portion of lot 61 of the Hoidale and Coffinan Subdivision as recorded in Volume 3, Page 6, Harris County Map Records, Harris County, Texas. Said 0.170-acre tract being more particularly described by metes and bounds as follows, with the basis-of-bearings being the northwesterly right-of-way line of F.M. 2351 (width varies): BEGINNING at a 5/8-inch iron rod with Cotton cap found in the said northwesterly right- of-way line of F.M. 2351 for the southerly corner of a 2.353-acre tract of land conveyed to Coastal Bend Property Development, L.L.C. as recorded under Harris County Clerk's File No. T369770, Film Code No. 522-12-0994 of the Official Public Records of Real Property in Harris County, for the easterly corner of the said 5.414-acre tract, for the northeasterly corner of the tract herein described, located in a curve to the right; THENCE in a southerly direction with the said northwesterly right-of-way line of F.M. 2351 and with said curve to the right having a radius of 1,850.08 feet, a central angle of 06° 27' 41", a chord bearing of South 58° 30' 09" West, a chord distance of 208.53 feet, and a curve length of 208.64 feet to a point in the said northwesterly right-of-way line of F.M. 2351 for the end of said curve to the right, for an angle point of the tract herein described; THENCE South 61° 44' 00" West, with the said northwesterly right-of-way line of F.M. 2351, with the south line of the said 5.414-acre tract, a distance of 287.70 feet to a point in the said northwesterly right-of-way line of F.M. 2351, in the south line of the said 5.414-acre tract, for the southerly corner of the tract herein described; THENCE North 28° 16' 00" West, leaving the said northwesterly right-of-way line of F.M. 2351, a distance of 15.00 feet to a point for the southwesterly corner of the tract herein described; THENCE North 61° 44' 00" East, parallel to and 15 feet northwesterly of the said northwesterly right-of-way line of F.M. 2351, a distance of 287.70 to a point for the beginning of a curve to the left; THENCE in a northerly direction, parallel to and 15 feet northwesterly of the said northwesterly right-of-way line of F.M. 2351 with said curve to the left having a radius of 1,835.08 feet, a central angle of 06° 22' S5", a chord bearing of North 58° 32' 32" East, a chord distance of 204.30 feet, and a curve length of 204.40 feet to a point in the said common line of the said 2.353- acre tract and the said 5.414-acre tract, for the northwesterly corner of the tract herein described; THENCE South 44° 20' S6" East, with the said common line of the said 2.353-acre tract and the said 5.414-acre tract, a distance of 15.22 feet to the POINT OF BEGINNING and containing 0.170 acres (7,413 square-feet) of land. Compiled By: WEISSER ENGINEERING COMPANY ,�E .OF T 19500 ParkRow Suite 100 ,�P•�G�S T Eq�"f' Houston, Texas 77084 ,��Q �'•9 �...• �SASS� Job No.: EE081 (798-081) r;9�� ""� P�Q Date: 10/17/Ol ��;''°�FSS,o�'O , <j'•••:..:...-s4,'�� S 1..1 r;i,.,�:°:�`� �*��`;; s: ; �PS� c••.4 � � . •tio • >d•�� " .Q : ; . �u.;ti ?a: o - �tL Z r- � �;N �� rt ��:� �� t� iu�; `t ;� (/� �.. � `~• � ' � �d�'6 �Qs •' � 3 . � '�S .� �. � o � � Z � U R � � � � �1 Z '� d' P7 �"� � �oO ° ap� . '�' }" (/� ��-- p ^ � � w r�- � �Yo � � N � � QO �� • � o � . �O � a�`'. c� � c� � � � O N N N W Q� = Q� �° —' � i c� s � II (� 1� v � ~ ~ N = � 4�� _ � W w `/ ¢ o z �n � O ♦ LL Q J G.� � � � Z W � � h`,1•`�' � I � m a z o � . N -� � � w � �o�` '� r� ? a � j Up0 !.� N w Lj O • w � O � U O � � `� U � � � � � N W � � �W � � � o •: � � o W W a � ,. Z ` � . � M � � � o � � CV � � M � � �� w � � � Z �rj N '�' t[') � � W ` ``O�O Z O a �. �"" O N tv ° '-'-' '�� O II �) � � ` ` � U I I I I = a ¢p.� •! p� a � Q � U �, O t'"• c� c � � r V' �L o0 �` O Nn N � � �i � �o N � W Q� Y y I f- _ � � '! v�jC a�n O � ` � � o'n W O � � CU � C ,°�'"^ � � � � _ °' = n W �'_� a a �n a I = o � � QQ � � Z Z � • A � � n- �`• W d f�� `O� w U O O a �� 1 J U �� N = � �` � � \� S�� C� � • � �y o� � � � 2 ��6- � � �� o �. 2� � �� y ��( �� W v- I-- o � � o � � � � � �� Q v z � c�� _ � � � � � o cn z ``' � o ¢ � � O � y � o oQ J = Q ~ � � W L�1 J � W Q =