R2017-254 2017-12-11RESOLUTION NO. 2017-254
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
1.005 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 F.D. Limke to
Edgar Ellis, recorded under Volume 467, Page 116, In the Deed Records of
Harris County, Texas 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. 2017-254
PASSED and APPROVED on this the 11th day of December, A.D., 2017.
ATTEST:
kUNG Lee' NG,T
TY SE(�'ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
Resolution No. 82017-254
Exhibit "A"
August 28, 2016
Jab No. 1957.1701
METES ANC DCUNDS DESCRIPTION OF
1.005 ACRES
IN THE JAMES HAMILTON SURVEY, A-861
HARRIS COUNTY, TEXAS
All of that 1.005 acres of land, In the James Hamilton Survey, A-881 Harris County, Texas, which 1s at!
of a 1 acre tract described in the deed from F.D. Umke to Edgar Ellis, recorded under Volume 467, Page 116,
In the Dead Recorda of Harris County, Texas 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 end more perllculerly
described by metes and bounds as follows (Bearings boned on foxes Coordinate System, South Centre! Zone,
NAD 83, 19E3Adjustment):
BEGINNING ala 5/8" Iron rod with cap stamped "LJA-ENG' set for the southwest corner of the herein
described tract, common to the southwest comer of sald 1 acre tract, the northwest corner of he 6 acre tract,
described in the deed from Horace Pounds Hardy to Joyce Pounds Hardy, recorded under File Number
G651828, in the Official Public Rec:vide of Heal Property, of Harris County, Texas, common to the northeast
corner of LOT 40 / of the ALLISON RICHEY GULF COAST HOMES SUBURBAN SUBDIVISION, a
subdivision recorded under Volume 3, Page 40, of the Mop Recorde of Harris County, Texas the southeast
corner al LO7 40 of said ALLISON RICHEY GULF COAST HOMES SUBURBAN SUBDIVISION in, the east
line d the 28.468 acre tract described as Tract 1, in the deed tram LNR Clear Creek Spectrum Limited
Perinerehlp to Spectrum 8s Partners, L.P., recorded under File No. 20060169567, In tho Official Pub,io
Records of Real Property, of Harris County, Texas, in the centerline of Karalis Road (40' ROW) (unimproved)
recorded under Volume 3, Page 40, of the Map Records of Harris County, Texas;
THENCE North C12° 24 10' West — 66.26', continuing along said cenladlne, common to the weal line of said 1
acre tract, and the east line of said Lot 90, the east line of said Tract 1, to a 5/8" iron rod wllh cap stamped
"LJA-ENCS" set for the northwest comer of the herein described Ituc , common t0 the northwest comer of said 1
acre tract, the southwest corner of the 1 acre tract described in the deed from]. Smith to Lao Mazow, recorded
under Volume 784, Page 675, in the Deed Records of Harris County, Texas from which a 518" iron rod Kdlh cep
stamped "LJA-ENO" found for tho norihwost cmmm of the 0.758 acre tract described as Parcel 12 In the deed
from Richard B. Mayor to City of Peadand recorded under File No. 20070250129, h the Deed Records of
Harris County, Texas common to the southwest corner of the 1.775 acre tract, described as Parcel 28 In the
deed from Richard H. Martini trust, ET AL, to City of Pearfend recorded under Flto No. 2452081, in the Reed
Records of Harris County, Texas boars, North 02° 24' 10" West —264.03';
Page 1 of 2
f. P001111kSURVEY11957n7011CAW.TSPARCEL 1ar?ARCEL 19 1.005 ACRES El LIS.doc
Page D-1
Agua126,2015
Job No. 1957.1701
THENCE North 87° 42' 11' East - 680.40', along the north ire of said 1 acre Ellis Tract, common to the south
line of said 1 acre Mame/ Tract to a 5!8" Iran and with cep stamped 1....1A -ENG" set for the northeast comer of
the horoln described tract, the northeast corner of Bald 1 acre Ellis Tract, common to the northwest comer of
the 3 acre tract described as Exf4bit B. in the deed from Richard B. Mayor. Independent Executor of the Estate
of Heather D. Mayor to Richard B. Mayor. recorded under File No. 20130073785, in the Official Pdb!Ic Records
of Real Property, of Harris County, Texas, and the southwest corner of the 1.00 acre trent described in the
deed from F.O. Llrake to A.R. Cox recorded under Volunro 464, Page 536 In the Deed Records of Harris
County. Texas;
THENCE South 02° 24' 12° East - 86.26', along the east fine of the herein described tract, and the east line of
said 1 acre Ellis Tract, and the west line of said 3 acre tract to a 518" Iron rod with cap stamped'LJA-EIJ0" set
for the southeast corner of the herein described tract, common to the southeast corner of said 1 acre Ellis
Tract, common to the northeast corner of the 4.24 sore tract described In the deed from Mary Joyce Hardy to
Susie M. Lorance, recorded under File No. V507633, In the Official Public Records of Real Property, of Harris
County, Texas from whirrh a 3'4' Iron rod found for the southwest comer of Ilia salt' 3 sore tract, coronion to
the northwest comer of a 2 acre tract described as Exhibit C, in the deed from Richard B. Mayor, Independent
Executor of the Estate of Heather D. Mayor to Richard B. Meyer, recorded under File No. 20130073785, In the
Official Public Records cf Real Property, of Harris County, Texas bears South 02° 24' 12" East - 145,57:
THENCE South 87° 42' 11" West - 650,40' along the south fine of aforesaid 1 acre Ellis tract, common to the
north line of said 4.24 acre tract, the north lira of aforesaid 5 acre tract, (at 560.40' passing the northeast
corner o1 said 5 acre Tract, common to the northwest corner of said 4.24 acre tract) to the POINT OF
BEcINNrNG of the herein described tract and containing 1.005 acres of Pard.
1 J414 i
H °! r/ms's, RP , CFedS
Regi. Bred • olesslonaf Land Surveyor
Te Registration No. 5997
Page 2 of 2
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LAND TrTLE S URVEY OF
1.005 ACRES
IN THEE SURVEY
JAMES HAeA..TON, MBB?
HARRIS COUNTY. TEXAS
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LOWER KIRBY OVERALL
TRACT EXHIBIT
JANUARY 2016
LJA Engineering, Inc.
2929 Briarpark Drive
Suite 600
Houston, Texas 77042
114
Phone 713.953.5200
Fax 713.953.5026
FRN - F-1386
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