R2017-255 2017-12-11RESOLUTION NO. 2017-255
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; All of that
1.001 acres of land, In the James Hamilton Survey, A-881, Harris County,
Texas, which is all of a 1 acre tract described in the deed from I. Smith to Leo
Mazow, recorded under Volume 784, Page 675, in the Harris County Deed
Records, out of Lot 3, of the JAMES HAMILTON SURVEY, 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. 2017-255
PASSED and APPROVED on this the 11th day of December, A.D., 2017.
ATTEST:
Y NG L'�' IN , MC)
Y SE)
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
•
TOM REID
MAYOR
Resolution No. R2017-255
Exhibit "A"
September 6, 2016
Job No. 1957-1701
METES AND BOUNDS DESCRIPTION OF
1.001 ACRES
IN THE JAMES HAMILTON SURVEY, A-881
HARRIS COUNTY, TEXAS
A8 of that 1.001 acres of land, h the James Hamilton Survey, A-861, Harris County, Texas, which is all
of a 1 acre tract described in the deed from I. Smith to Leo Mazow, recorded under Volume 784, Page 675, in
the Elavil. Coualy Oeed Records, out of Lot 3, of the JAMES HAMILTON SURVEY, a subdivision of record in
Volume 83, Page 342 of the Deed Records of Harvie County, Texas and moro particularly described by metes
and bounds as follows (Bearings based on Texas Coordinate System, South Central Zone, NAD03. 1993
Adjustment):
BEGINNING ata 518' iron rod with cap stamped "UA -ENG' set for the southwest comer of the herein
described tract, common to the southwest corner of said 1 acre tract, the northwest comer of the 1 acre tract
described in the dead from F.D. Limke to Edgar Ellis, recorded under Volume 467, Page 116, in the Deed
Records of }larrls County, Texas, and In the centerline of Karalis Road (40' ROM (unimproved) recorded
under Volume 3, Page 40, of the Map Records of Harris County, Texas;
THENCE North 02' 24' 10' West — 66.00', continuing along said centerline and the west line of ss id 1 acre
Mazow tract, to a NB" iron rod with cap stamped "LJA-ENG" set for the northwest corner et the herein
described tract, common to the northwest corner of said 1 acre Miaow tract, the southwest corner of the 1 acre
tract described In the deed from Mrs. Claude L. Matthews, Jr. to Fred D. Mezow end Methilde M. Gross,
recorded under Filo Number E658213, In the Deed Records of Harris County, Texas, from which a 1" iron pipe
found for the northwest corner of the 0.758 acre tract described as Parcel 12 in the deed from Richard B.
Mayor to City of Pearland recorded under File I'Jo, 20070359129, In the Deed Records of Harris County,
Texas, common to the southwest corner of the 1-775 acre tract, described as Parcel 213 in the dead from
Richard H. Martini trust, ET AL lo City of Pearlend recorded under File No. 2452081, In the Harris County
Deed Records bears North 02' 24' 10' West — 198.00';
Page 1 of 2
Z.IF m PoRerson V y or Prep leo4ULnxer filt,y, Prop rrlweU5u-2e1 6,2013 W reel G15LrvryrPARC EI 20.21 1.001 P.Ortk5 a*YCHOX MAbOW kr)
SEA. doc
Page Di
September 6, 2015
Job No.1957.1701
THENCE fJorth 87' 42' 11' East -66040', along the north tine of said 1 acre Mazow Tract, the south line of
said 1 acre Gross Tract to a 518" iron rod with cap stamped 'LJA-ENG" set for the northeast corner of the
herein descriaed tract, rhe northeast corner of sold 1 acre Mazzow Tract, common to the northwest corner et
the 1,00 acre tract described In the deed from F.D. Llmke to A.R, Cox recorded under Volume 464, Page 538
in the Deed Records of Harris County, Texas, the southwest corner of the of the 1.00 acre tract described In
the dccd from Gurnretl Sinylr Saint to Pioneer Builders, Inc. recorded under File No, 20160080127 in the
Official Public Recorder of Real Property, of Harris County, Texas;
THENCE South 02' 24' 12' East -66.00', along the east tine of the herein described tract, the oast line of said
1 acre Mazow Tract, the west Ane of said 1 acre Cox tract, to a 518' iron rod with cap stamped "LJA-ENO" set
for the scutheasl corner of the herein described Tract, common to the southeast corner of said 1 acre Ellis
Tract, the northwest corner of the 3 acre tract descrtbed as Exhbit B. In the deed from Richard R. Mayor,
Independent Executor of the Estate of Heather 0. Mayor to Richard b. Mayor, recorded under File No.
20130073785, in the Official Public Records of Real Property, of Harris County, Texas, the southwest corner of
the 1.00 Cox tract, from which a 314" Iron rod found for the southwest corner of said 3 acre tract, common to
the northwest comer of e 2 acre tract described as Exhibit C, in the deed from Richard 8. Mayor, Independent
Executor of the Estate of Heather b. Meyer to Richard 8. Mayor, recorded under Fie No. 20130073785, in the
O1Tclal Public Records of Real Property, of Heins County, Texas bears South 02' 24 12- East — 211.83', from
said comer a 314' iron rod bears North 88' 43'53' West — 0.24';
THENCE South 87' 42 11" West — 660.40 atone the south tine of aforesaid 1 acre Mazow tract, common to
the north !Ina of said 1 acre ibis tract, to the PONT OF BEOINNINO of the herein described tarot and
containing 1,001 acres of land.
Page 2 of 2
Turn vainer cs w1ry or Pe.Aenn'd mer xrty Proper ie Of 55-26I6-2013 Perch I\SuNoyhPMCEL 20.21 1,00 ACRLB UEYCHCK MAZOW NO
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LOWER KIRBY ACQUISITION VISCINITY MAP
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CAUCA
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
Date\TIme Wed, 11 Jan 2017 — 10:50am User Name : acampbell
Poth\Name : I:\Projdskl\1957\1701\lower Kirby Overall Exhiblt.dwg