R2017-241 2017-11-27RESOLUTION NO. 2017-241
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 acres of land, located In the James Hamilton Survey, A-881, Harris County,
Texas, which Is all of the 1 acre tract described in the deed from May Walker,
Constable Precinct No. 7, Harris County, TX on behalf of Lower Kirby Pearland
Management District to Pioneer Builders Inc., recorded under File No.
2016354625 in the Official Public Records of Real Property, of Harris County,
Texas, and out of Lot 3, of the JAMES HAMILTON SURVEY SUBDIVISION, a
subdivision 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.
RESOLUTION NO. 2017-241
PASSED and APPROVED on this the 27th day of November, A.D., 2017.
APPROVED ASTOO FORM:
DARRIN M. COKER
CITY ATTORNEY
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-1386
Dote\Time Wed, 11 Jon 2017 — 10:50om User Name : ocompbod
Poth\Nome I: \Projdskl\1957\1701\Lower Kirby 0veroll E.hlblt.dwg
Page 5 of 11
December 1, 2016
Job No. 1957.1701
METES AND BOUNDS DESCRIPTION OF
1.000 ACRE
IN THE JAMES HAMILTON SURVEY, A.881
HARRIS COUNTY, TEXAS
All of that 1.000 acres of land, located in the James Hamilton Survey, A-881, Harris
County, Texas, which Is all nt the 1 acre tract descrlired in the deed from May Walker,
Constable Precinct No. 7, Harris County, TX on behalf o1 Lower Kirby Pearland Management
District to Plonser Raiders Inc., recorded under Fie No. 2016354825 in the Official Public
Records oI Real Property, of Herrin County, Texas, and out of Lot 3, oI the JAMES HAMILTON
SURVEY SUBDIVISION, a subdivtsion of record In Volume 63, Page 342 ol the Deed Records
of Harris County, Texas and more particularly described by metes and bounds es follows
(Bearings based on Texas Coordinate System, South Central Zone, NAD83, 1993 Adjustment):
BEGINNING at a 515" Iron rod with cap stamped "LJA•ENG" set for the southwest corner
of the herein described tact, common to the southwest corner of said 1.00 acre tract (File No.
2016354625), the northwest corner of the 1 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 Properly, of Harris County, Texas, In the east line of the 2 Acre tract described In the deed
from Richard B. Mayor, Independent Executor of the Estate of Elizabeth Ann Mayor lo Richard
B. Mayor, Thomas H. Mayor and James M. Mayor recorded under File 14o. P197250 In the
Deed Records of Harris County, Texas, from which a 5/6" iron rod with cap stamped "LJA-ENG"
found for the southwest corner of the 1 acre trace described as Exhibit D in the deed from
Richard B. Mayor, independent Executor of the Estate of !leather D. Mayor to Richard B.
Mayor, recorded under Fife No. 20130073795,1n the Official Public Records ul Real Property,
Harris County, Texas, common to an angle corner of RESTRICTED RESERVE "B", of THE
PROMENADE SHOPS AT THE SPECTRUM, a subdivision recorded under Film Code No.
610201, In the Map Records of Harris Courtly, Texas, In a north line at the 122.623 acre tract
described In the deed from South Freeway-BeiIllne 0 Limited Partnership and South Freeway-
Belllino 8 a2 Limited Partnership to Pearland Lifestyle Center, L.P. recorded undo( File No,
Y326977, In the Official rubric Records of Real Property, of Harris County, Texas, In the east
Ilne al the 43,580 square loot tract, described In the deed from Laura B. Klein 10 Christopher S.
Klein, recorded under Fite No. 20120055593, in the Official Pubic Records ol Real Property, of
Pogo 1 of 3
ISProf06h11SURVEY1/e571170RCAOILTSrr4S • 12LSURVEY SUPPORT 12 1.000 ACRES LEOAL..doc
Page 0-1
Page 6 of 11
December 1, 2016
Job No. 1957-1701
Harris County, Texas beers South 02° 24' 12" Eas t- 806.40' (at 409.83' passing the southwest
corner of the 3 acre tract described as Exhibit B, common to the northwest corner of the 2 acre
tract described as Exhibit D, In the deed from Richard 8. Mayor, Independent Executor of the
Estate of Heather D. Mayor to Richard B. Mayor, recorded under File No. 20130073785, In the
Official Public Records of Real Property, Harris County, Texas, in the west line of the 4,51 acre
tract, described in the deed from Mary Joyce Hardy to Susie M. Lorance, recorded under File
No. V5D7633, in the Official Public Records of Real Property, of Harris County, Texas, tram eaid
corner, a 314" Iron rod bears N 68' 43' 53" W - 0.24');
THENCE North 02' 24' 12' West — 66.00', along the west line of the 1.00 acre Pioneer Builders,
Inc. tract (File 14o. 2016354625), common to Ila+ east lire of said 2 Acre tract (Filo No.
P197250), (at 16.00' passing the northeast comer of said 2 acre tract (File No. P197250),
common 10 the southeast corner of a 0.758 acre tract described as Parcel 12 In the deed from
Richard B. Mayor to City of Pearland, recorded under File No. 20070359129, In the Deed
Records of Harris County, Texas), continuing along the east line of said 0,758 acre tract,
common to the west line of said 1,00 acre Pioneer Builders, Inc. tract (File No. 2016354625) 10
a 5/8 -Inch iron rod with cap stamped 'WA ENO" set for the northwest corner of the herein
described tract, the northwest corner of aforesaid 1.00 acre Pioneer Builders Inc. tract (File No,
2016354625), common to the northeast comer of said Parcel 12 in the south line of the 1.775
acre Tract described as Exhibit B, Parcel 28, from Richard H. Martini Trust, ET. AL. to City of
Pearland, recorded under File No. Z452061, in the Deed Records of Harris County, Texas;
Page 2 of 3
LW mJdsH n.YURVEYtl95707011CAnILTales - 12,SURVEY SUPPORT 12 1.000 ACRES LEGAL.doc
Page D-2
Page 7 of 11
December 1, 2016
Job No. 1957.1701
THENCE North 87` 42' 11' East - 660.00', along the south Nne of said 1.775 acre tract,
common tote north line of the 1.00 acre Pioneer Builders, Inc, tract (Fite No. 2 01 6354 62 5) to a
10 a 5118 -inch Iron rod with cap stamped'1JA ENG" set for the northeast corner of the herein
described tract and the northeast corner of said 1.00 acre Pioneer Ruikiera, inn. tract (File No,
2016354625), common to the southeast corner of said 1.776 acre tract in the west line of the
RESTRICTED LOT "A", of said THE PROMENADE SHOPS AT THE SPECTRUM, common to
the west line of aforesaid 122.823 acre tract, in the centerline of Promenade Shops Drive (100'
ROW) recorded under Film Code No, 610201, in the Map Records of Harris County, Texas:
THENCE South 02' 24' 12" East - 66.00' along the east lino of said 1.00 acre Pioneer Builders,
Inc, tract (File No. 2016364626), common to the west line of said RESTRICTED LOT "A and
the west line of Ihs 122.623 acre tract to a 576 -Inch Iron rod wkh cap stamped "LJA ENG set for
the southeast corner of the herein described tract, and the southeast corner of said 1.00 acre
Pioneer Builders, Inc tract (File No. 206354625), common to the northeast corner of said 1.00
acre Pioneer Builders, Inc. tract (File No. 20150209619);
THENCE South 87' 42' 11' Weel - 660.00' along the south line of the herein described tract,
and the south line of said 1.0D acre Pioneer Builders, inc. tract (File No. 206304025), common
to the north line said 1.00 acre Pioneer Builders, Inc. tract (File No, 20150269619) to the POINT
OF BEGINNING of the herein described tract and containing 1.000 acres of land.
re fie. , Sl.es, RPI.S, CFedS
RAlf, -red Professional Land Surveyor
d'xas Registration No. 5997
Page 3 of 3
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Page D-3
Page 8 of 11
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