HomeMy WebLinkAboutRes 2001-30
City of West University Place, Texas
Resolution No. 2001-30
A RESOLUTION FINDING AND DETERMINING THAT THE CITY HAS
CERTAIN EASEMENTS BY PRESCRIPTION; DECLARING IT TO BE CITY
POLICY TO INITIATE OR DEFEND CERTAIN LEGAL ACTIONS, INCLUDING
EMINENT DOMAIN PROCEEDINGS; AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, it is necessary, proper and in the best interest of the citizens and
residents of the City of West University Place to construct, operate and maintain certain
wastewater facilities C'Projecf') located on the sites illustrated in the maps attached to
this resolution as Exhibit A (((Project SitesU); and
WHEREAS, after a title searchf no deeds or documents evidencing the City's title
to some of the Project Sites have been found (which sites are referred to in this
resolution as UProject Sites Without InstrumentsU); and
WHEREAS, each Project Site Without Instruments has been actually used by the
City for construction, operation and maintenance of wastewater facilities without
substantial change for at least 20 years, and, for that entire period, the City's use was:
(i) open and notorious, in that each owner knew of the City's use, acquiesced to the
City's use, benefitted from the City's wastewater facilities located there and maintained
a private sewer fine connected to the City's wastewater facilities located there, (ii)
adverse and exclusive, in that the City's use for wastewater purposes physically
prevented other uses by the owner of the lot, and the Cityfs use was by claim of right)
not by mere permission of the owner of the lot; and
WHEREAS, the City desires to declare and formalize its rights to use the Project
Sites Without Instruments;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
UNrVERSITY PLACE:
Section 1. AU of the matters set out in the preamb'e of this resolution are found
and determined to be tYue and correct, and the City Council further finds and determines
that the City has an easement by prescription to use each Project Site Without
Instruments for construction, operation and maintenance of wastewater facilities. It
shaH be the City's official policy to initiate or defend legal actions, if necessary) to
confirm or establish the City's easements by prescription on Project Sites Without
Instruments.
Section 2. The City is committed to take eminent domain action, if necessary, to
acquire any sites, easements or rights of way which may be required for the Project
facilities in their current locations or as the locations may be changed.
Section 3. The City Councif adopts} approves and authorizes the attached Site
Certificate, Back-Up Certificate and other attachments, and authorizes the City Attorney,
other City officials and employees, City engineers and consultants to sign them and
submit them to the Texas Water Development Board on behalf of the CitY4
Section 4~ All resolutions and parts of resolutions in confHct with this resolution
are repealed to the extent of the conflict only. If any word, phrase~ claus81 sentence!
paragraph, section or other part of this resolution or the application thereof to any
person or circumstance, shall ever be held to be invalid or unconstitutional by any court
of competent jurisdiction, neither the remainder of this resolution, nor the appHcation of
such word, phrase, clause, sentence, paragraph, section or other part of this resolution
to any other persons or circumstances, shaH be affected thereby.
Section 5. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which
this resolution was discussed, considered or acted upon was given in the manner
required by the Texas Open Meetings Act, as amended, and that each such meetjng
has been open to the public as required by law at aU times during such discussion l
consideration and action. The City Council ratifies, approves and confirms such notices
and the contents and posting thereof.
Section 6. This resofution takes effect immediately upon its passage and
sig nature.
PASSED AND APPROVED on l ~ / . ~
Councilmembers Voting A. e: e.t r:#~~ ~b' ;;: .J
Councilmembers Voting O:}JoN e- '7/
Councilmembers Absent: ^,DtJk
Recommended: ~~
Cify anager
Reviewed:
City Attorney
Attes~~C1--
City Secreta (Seal)
c11 01 \54 r easements
BACK-UP CERTIFICATE
Project Sites. All of the property (sites, easements, rights-af-way, or specific use
permits) necessary for construction, operation and maintenance of the Project is
identified on the attached maps labeled as Exhibit A. Such property is referred as the
nproject Sites," both in Exhibit A and in this certificate.
Signed:
(Seal)
Date:
Name:
Title:
Title Search. J have searched the Real Property Records of Harris County, Texas for
deeds or documents evidencing title to the Project Sites~ I found deeds or documents
for all Project Sites, except the specific lots indicated in Exhibit A as UProject Sites
Without Instruments.)) Each of the deeds or documents I found was sufficient to protect
. the title held by the City of West University Place and was recorded or filed for record.
Signed:
(Seal)
Date:
Name:
Tit] e :
Continuous Use by the City. I am personally familiar with each of the Project Sites
Without lnstruments, and 1 certify that each such site has been continuously and
actually used by the City for Project wastewater facilities without substantial change for
at least _ years, and, for that entire period, the City's use was: (i) open and notorious~
in that each owner knew of the City~s use, acquiesced to the City~s use, benefitted frOtll
the City's wastewater facilities located there and maintained a private sewer line
connected to the City's wastewater facilities located there, (ii) adverse and exclusive, in
that the City~s use for wastewater purposes physically prevented other uses by the
owner of the lot, and the City's use was by claim of right, not by mere permission of the
owner of the lot~
Signed:
Name:
(Sear)
Title: ·
Date:
City Policy. I am the City Secretary of the City, and I certify that the City Council has
adopted a resolution that: (i) finds and determines that the City has an easement by
prescription to use each of the Project Sites Without Instruments for construction~
operation and maintenance of wastewater facilities, (ii) declares it to be the City's policy
to initiate or defend le-gal actionsf if necessary, to confirm or establish each such
easement by prescription, and (iii) declares the City's commitment to take
condemnation action, if necessary, to acquire any sites, easements or rights of way
which may be required for the Project facilities in their current locations or as the
\ocations may be changed~ A true copy of such resolution is attached as Exhibit 8.
Signed:
(Seal)
Date:
Name:
Title:
cO 111 \54back-up certificate