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HomeMy WebLinkAboutR-2012-16 acquisition of property/F216 Little Cedar Bayou Phase 2 Improvements0 20130034010 fay :23r2013 RF1 $29.00 RESOLUTION NO. 2012-1(40 A RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHTS -OF -WAY FOR FLOOD CONTROL PURPOSES IN THE CITY OF LA PORTE/ FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW/ AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has found and determined that public necessity requires the location of a rights -of -way for flood control purposes on the hereinafter described real property, in the City of La Porte, Harris County, Texas; and WHEREAS, the City Council of the City of La Porte has found and determined that rights -of -way over and across the hereinafter described real property is suitable and needed for flood control purposes, and that it is necessary to acquire same for flood control purposes; and WHEREAS, the City Council of the City of La Porte enacted Resolution 2008-11 on September 22, 2008, prohibiting the issuance of building permits within the area designated for proposed rights - of -way under Harris County Flood Control District Project F216-00- 00 Phase II Watershed Improvements; and WHEREAS, the City Council of the City of La Porte deems it advisable to authorize, and does hereby authorize, Knox W. Askins, City Attorney of the City of La Porte, and Clark T. Askins, Assistant City Attorney of the City of La Porte, to represent the City of La Porte in the acquisition of the hereinafter described property: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That the said Knox W. Askins, as City Attorney for the City of La Porte, and Clark T. Askins, as Assistant City Attorney for the City of La Porte be and they are hereby authorized to negotiate with the owners of the hereinafter described land, concerning the acquisition by the City of La Porte, of rights -of - way for flood control purposes, located in Harris County, Texas, said rights -of -way being more particularly described on Exhibit "A" attached hereto, incorporated by reference herein and made a part hereof for all purposes, at the fair market value for same, and, should said City Attorney, as the duly authorized representative of the City of La Porte, be unable to agree with such owners as to the fair market value of such rights -of -way, then, and in that event, said attorney be, and he is hereby authorized and directed to file against all owners and lienholders, proceedings in eminent domain to acquire the above described property, for flood control purposes. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED this 12th day of November, 2012. CITY O RTE BY: Lo is Ri b Mayor 2 A=ST: V Patrice F art* City Secretaw APPROVED: Clkfk T. - Xskins Assistant City Attorney State of Texas Countv of flanis City of La. Porte I hereby certify that the attached bftmmM Is m AA true and correct copy as the same appears of record. In ikitness whereof I have hereunto Jot my hand and CW W t offi S day d 01 said 20.". Jjl= "Ir PL11 RECORT'M FS At the time ol re oro Io ent was found to be ic reproductinw O";-Jse cjit iiayl ca-b!�n or photo cot) , u, Y additions and t az il to time the instrument was iiiac aii6 3 E OWNER ADDRESS HCAD LEGAL DES0IPTI0N 1 HAZWASTE 1628 M G THICKET DR 0240900220007 ITS 7.10, ELK 722, IA PORTE ENVIRONMENTAL, LLC CEDAR PARK, TX 78613 1 STACY LOW E & 1408 W MAIN ST 0240890190021 ITS 21-23, BILK 719, LA KIM DEYOUNG LA P0RTE, TX 77571 FORTE 3 STACY LOW E & 14D8 W MIN ST 0240890190025 ITS 25&26, BILK 719, LA KIM DEYOU NO LA PORTE, TX 77571 TORTE 4 SHIRLEY FEINSTEIN ■ PO BOX 1970 0240890190027 ITS 27-30, BILK 719, LA KARL04E FRIEDMAN BELIAIRE, TX 77402 PORTE 6 LINDSAY & JENIFER PO BOX 1116 0240790860001 ITS 1-16&TR517-32 ELK PFEIFFER L4 PORTE, TX 77572 686 &ABANDONED E 1/2 N 14TH ST LA PORTE i JAMES M JACKSON 435 BAYWOOD 5T 0240780830001 ITS 1-32, ELK 683, LA PORTE LA PORTS TX 77571 7 LOUIS C & ANNA M 604 5 CLEAR CREEK DR 024070050DO0I ITS 1-10, ELK 650, LA PORTE SPAUNNORST FRIENDSWOOD,TX 775" 4 CYNTHIA L COLVIN R7 BOX 232 0240700510001 ITS 1-32, BLK 651, LAPORTE &TRUST R0M4Y0R, TX 77368 MrY�w 3 +r My rWltilMp rLl1GI1p *WnTuMS THE SU WAL 0 9KH WWwA MMW U6EaMOCARASWVUrNDMW*VMLOWFFaEkuw. THE STATE OF TEXAS COUNTY OF HAARIS I p Al INf MM ON FW h FN Ns* hf d& vd Y M bg JAN 2 3 2013 COUNTY CLERK HARRIS COUNTY, TEXAS