R2017-242 2017-11-27RESOLUTION NO. 2017-242
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
power of eminent domain to acquire fee simple title to certain property
associated with public improvements in the Lower Kirby vicinity; being that
1.000 acre of land, located in the James Hamilton Survey, A-881, Harris County,
Texas, which is all of the 1.00 acre tract described in the deed from Harris County to
Pioneer Builders Inc. recorded under File No. 20150269619, in the Official Public
Records of Real Property, of Harris County, Texas and out of Lot 3, of the JAMES
HAMILTON SURVEY SUBDIVISION, asubdivision of record in Volume 83, Page 342 of
the Deed Records of Harris County, Texas, for the construction and maintenance
of public facilities, park improvements, water, sewer, drainage and road
improvements on certain real property described herein; authorizing the City
Attorney, or his designee, and other city officials to take such actions as are
necessary to acquire said property, located within the City, by donation,
purchase, or by the exercise of the power of eminent domain.
WHEREAS, the City Council recognizes that a public convenience and necessity exists for
the location, construction, operation, and maintenance of water, sewer, drainage, parks, road and
facility improvements on certain real property described herein; and
WHEREAS, accordingly, the City Council hereby acknowledges that it is in the public's best
interest to acquire fee title on certain property; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The City Council hereby finds and determines that a public convenience and
necessity exists for the construction of water, sewer, drainage, parks, road and facility improvements
on certain real property located in Harris County, Texas.
Section 2. The public convenience and necessity requires the acquisition of fee title by
donation, purchase, condemnation, or otherwise, of certain real property located within the City and
situated in Harris County, more particularly described in Exhibits "A" and "B", attached hereto and
incorporated herein for all purposes.
Section 3. The City Attorney, or his designee, and other City officials are hereby
authorized and directed, on behalf of the City to take such actions as are necessary to acquire the
property interest, described in Exhibits "A" and "B", either by donation, purchase or the exercise of
the power of eminent domain.
PASSED and APPROVED on this the 27th day of November, A.D., 2017.
RESOLUTION NO. 2017-242
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
LOWER KIRBYACQUISITION VISCINITY MAP
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LOWER KIRBY OVERALL
TRACT EXHIBIT
JANUARY 2016
LJA Engineering, Inc.
2929 Briarpark Drive
Suite 600
Houston, Texas 77042
Phone 713.953.5200
Fax 713.953.5026
FRN - F-1366
Date\Time Wed. 11 Jon 2017 — 10:50om User Name o ampbell
Path\Name : I: \Projdskl\1957\1701\Lower Kirby Overall Exhiblt.dwp
Page 5 of 11
December 2, 2018
Job No. 1957-1701
METES AND BOUNDS DESCRIPTION OF
1.000 ACRES
8d THE JAMES HAMILTON SURVEY, A-881
HARRIS COUNTY, TEXAS
A8 0l the! 1.000 acre of land, located In the James Hamilton Survey, A-881, Harris County, Texas,
which is alt of the 100 acre tract described in the deed from Harris County le Pioneer Burdett Inc, scurried
under He No. 20150269619, in the Official Public Records of Rea! Property, of Harris County, Texas and out
of Lei 3, of the JAMES HAMILTON SURVEY SUBDIVISION, a subdlvfalon of record In Volume 83, Page 342
of the Coed Recorde of Harris County, Texas and more particularly described by metes and bounds as Ioltows
(Baer quo bassi on Texas Coordinate System, South Contra! tone, NADa3, 1993 Adjustment)!
BEGINNING ata 618" iron rod with cap stamped't.JA-ENG" sal for the southwest corner of said 1.00
acre tract (Fite No. 70150269619), common to the northwest corner of the 1.00 acre tract described in the
deed from Gunnel Singh Salva lo Pioneer Builders, Inc. recorded under Flle No. 201 50 0801 27 In the Official
Pubfio Records of Real Property, of Harris County, Texas, the northeast comer el the 1 acre tract described in
the deed from Mrs. Claude L. Matthews, Jr. to Fred D. Mazow end Malhilde M. Gross recorded under File No.
E658213, In the Oced Records Harris County, Texas end the southeast comer of the 2 Acre tract dose ribed In
the deed from Richard B. Mayor, Independent Executor el the Estate of Elizabeth Ann Mayor to Richard 8.
Mayor, Thomas FL Mayer and James M. Mayor recorded under File No. P197250 In the Deed Records of
Harris County, Texas, from whlch a 5I8" iron rod with cep stamped "LJA-ENG" lound for the southwost corner
oI the 1 acre tract described as Exhlbtt D in the deed from Richard 8. Mayor, Independent Executor of the
Estate of Heather D. Meyer to Richard 8. Mayor, recorded under He Na. 20130073785, In the Official Public
Records of Real Property, Horde County, Texas, common to an eagle corner of RESTRICTED RESERVE "8",
of THE PRCMENAOE 6110PS AT THE SPECTRUM, a subdivision recorded under Film Code No. 610201, in
Ole Map Records of Harris Cathy, Texas, in a north fine of the 122.623 acre tract described in Ste deed born
South Freeway-8epune 8 Limited Partnership and South Freeway -Belding 8 02 Limited Partnership to
Pearland Lifestyle Denier, L.P. recorded under File No. Y328977, In the OMdel Public Records of Heal
Property, of Harris County. Texas, in the east One of the 43,660 square foot beet, described in the deed from
Laura B. Wein to Christopher 6. Klein, recorded under Fite No, 20120056593, In the Okla' Public Records of
Real Properly, of Harris County, Texee bear, South 02" 24' 12" East 640.40' (et 343.83' passing the sou hwesl
corner of the 3 acre tract described as Exhibit 8, common to the northwest corner of the 2 acre tract described
es Eeteblt D, In the deed frau Richard B. Mayor, Independent Executor of the Estate of Heather 0. Mayor to
Richard B. Mayor, recorded under Ale No. 20130073785, In the Official Public Records of Real Property,
Page 1013
11ProJdaiR SURVEnwsTlroncWd.Tsnss. 131Sra1VEV SUPPORT 131000 ACRES t03Al.doo
Page D-1
Page 6 of 11
December 2,2016
,lob No. 18671701
Harris Comity. Texos, in Bre west line of the 4.61 acre tract, descrlhad In tho deed Tram Mary Joyce Hardy to
Susie M. Lorene, recorded under File No. V607633, In the Official Public Records oI Real Property, of Harris
county, Texas, from said corner, a 314" Iron rod beers N 60° 43' 53' W , 0.24');
THENCE North 02° 24' 12" west — 65.00', along the west One of the 1,00 gore Pioneer Builders, Inc. tract (File
No. 20160269819( common to the east fine of aforesaid 2 Acre (reef, to a 578 -Inch Iron rod with cep stamped
'WA ENT set for the northwest comer of the herein described tract. the northwest corner of aforesaid 1,00
acre Pioneer Builders. Inc. tract (File No. 20160289619), common to the southwest comer of Me 1.00 acre
tract described In the deed from May Worker, Constable Precinct No. 7, Herds County, TX on behalf or Lower
Kirby Peariand Management District to Pioneer Bulidera inc., recorded under this Nc 20160954626 In the
Official Pubic Rocorda of Real Property, of Barris County, Texas;
THENCE North 87° 42' 11' East — 660.00', along the south NM of said 1,00 acre Pioneer Builders, Inc. tract
(File No. 20160354625), common to the north line of the herein described tract, the north line of said 1.00 acre
Pioneer Builders, Inc treat (Pilo No 20160269810) to a 578 -Inch Iron rod with cap stomped °LJA ENO' sat for
the northeast corner of the herein described tract, the northeast corner of said 1.00 acre Pioneer Builders, Inc.
tract (F8e No. 20150269610) the southeast corner of the 1.00 acre Pioneer Builders, inc. Tract (Fite N.
20160354825) in the wast line of RESTRICTED LOT "A', THE PROMENADE SHOPS AT THE SPECTRUM,
and to the west line of said 122.623 acre tract, In the centerline of Promenade Shops Drive (100' ROW)
recorded under Flim Code No. 810201, In tho Map Records of Harris County, Taxes;
THENCE South 02.24' 12' East — 86.00' along the Beet ;Ina of said 1.00 acre Pioneer Builders, Inc. trod (File
No. 20150289619), common to the centerline of said Promenade Shops Drive, the west One of said
RESTRICTED LOT 'A", and the west Zine of the 122.623 acre Tract to a 8/8 -inch Son rod with cep stamped
"WA ENG" ser for the southaasl corner of the herein described tract, common to the ncrlheaet corner of the
0.076 acre tract described in the deed from David Adolph Roberts, ET, AL. to City of Foreland, recorded under
Elie No. 2007010702, In to Official Public Records of Reel Property, Harris County, Texas,
Page 2 of 3
IMNIdskPOUTIVEY11967117nncAO17515,- 10200V6Y !SUPPORT 10 I.000ACRE0 LE0AtTlaa
Page D-2
Page 7 of 11
December 2, 2016
Job No. 1957.1701
THENCE Sault) 87' 42' 11' West — 680.00' along the south line of said 1.00 acre Pioneer Sunder.% Inc. traot
(FIIe No. 201 60280 0 19), common to the north One of said 0.076 acre tract, the north fine of aforesaid 1,00 acre
Ploneer Buftdere, Inc, tract (File No. 20160080127){et 60.00' passing the nerthwest corner of said 0.070 acre
trail) to the POINT OF 6E0INNING of the herein described tract and containing 1000 acres of and.
. Sides, FIPLS, CFedS
]stared Professional Land Surveyor
xas Registration No. 5987
Page 3of5
[Wmldski%SURVEYVISS 1I7011GA0tTSISS - 13lSURVFY SUPPORT 10 1.000 ACRES lELUV-00c
Page D-3
Page 8 of 11
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