R2018-001 2018-01-08RESOLUTION NO. 2018-1
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
4.994 acres of land, located in the James Hamilton Survey, A-881, Harris
County, Texas, being all of the 4.961 acre tract described In the deed from
Mary Joyce Hardy (also known as Joyce Pounds Hardy) to Susie M. Lorance
recorded under File No. RP -2017- 2879 In the Official Public Records of Real
Property, of Harris County, Texas, which is all of the 4.24 acre 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, and the Residue of a 5 acre tract described In the deed from Horace
Pounds Hardy to Joyce Pounds Hardy recorded under File No. G651828, in the
Official Public Records of Real Property, of Harris County, Texas, and out of
Lot 3, of the JAMES HAMILTON SURVEY, a subdivision recorded 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 Attomey, 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 Attomey, 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
RESOLUTION NO. 2018-1
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 8th day of January, A.D., 2018
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
RESOLUTION NO. 2018-1
property interest, described in Exhibits"A" and "B", either by donation, purchase or the exercise if
the power of eminent domain.
PASSED and APPROVED on this the 8th day of January, A.D., 2018.
__C____;),n4 -al
TOM REID
MAYOR
ATTEST:
,„ 4 ,,,,° L ,�
.,
N M ="' /\ caz.
SE • -ETARY
APPROVED AS TO FORM:
Ci) L ac,
DARRIN M. COKER
CITY ATTORNEY
STATE OF TEXAS
COUNTIES OF BRAZORIA, HARRIS AND FORT BEN
CITY OF PEARLAND ��0�8—/
Certified as a true-and correct copy of
Wit ess my hand and seal of office this.
Y day of°q-Mv4 , A.Dy 20 /�
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`�Q... .,o % y S. ctary, �t o[ Pearland, Texas
sps, A y
2
Resolution No. R2018-1
Exhibit "A"
February 8, 2017
Job No. 1067-1701207
METES AND BOUNDS DESCRIPTION OF
4.994 ACRES
IN THE JAMES HAMILTON SURVEY, 4581
HARRIS COUNTY, TEXAS
Ai of that 4.994 ora of lend, loosed in the James Hamilton Survey, A-881, Herds
County, Tens, being Y of the 4.961 more tract described In 1M deed from Mary Joyce Hardy
(So known a Joyce Palls Nerdy) b &Ss M. Lorena recalled under FM No. RP -2017-
2878 In the In Si. OIBdd Pubic Records of RN Pasty, of Nene County, Team which b at
at the 4.24 an trod, dated N MN deed from Mary Joyce Hs b Susie M. Loans,
recorded under Re No. V507633, in it Official Pubic Records of Red Property, of Henle
Courcy, Tuns, end the Residue of a 5 are trod desabed In as deed from Han Pounds
Nerdy to Joyce Pounds Nerdy recorded under Nile No. 0851828, In the OMNI Pudic Necords
of Red Properly, of Hans Coag, Terms, and out d Lot 3, of the JAMES HAMLTON
SURVEY, a mbdvtebn recorded in Vaksne 83, Pape 342 d the Deed Records of Nerds
County, Tata and more pedlauary Seabed by metes end bound as alas (Bearings
hued an Texas Cosines System, Bash Central Zara, NAD B3, 1883 Mannar):
aEOINNNO at ■ at iron rod vAth cap slumped •L.JA-ENO previously at for the southeast
roomer of the frown darted bad, the uiitteaM odds of said 4.24 acre bad, and the
southeast caner d ted said 4.881 are bbd, cannon to the na6real corny d die 43,588
square fool bad described Si the deed from Lair B. NS to Christopher S. IOeln, recorded
under Fie No. 20120086688, to the OMNI Pubic Record' at Rest Property, Herd Cony,
Texas, In to wed ire of the 1 acre had *sorbed as Exh611 D in the deed Iran Richard B.
Maya, Independent Executor of the Edge of Heather D. Mayor to RIMS B. Mayor reoordad
under Re No. 20130073785 In the OMkW Public Record of Rad Properly, Haub Canty,
Tena, from wadi a air Iron rod w8h alp stamped IJA-PJ4G' bund for the sourNvest comer
of Said 1 acts Irma, common to an ape caner of RESTRICTED RESERVE "B', d THE
PROMENADE SHOPS AT THE SPECTRUM, • subddebn recorded under Fin Code No.
810201, In the Map Scats of Hams Canty, Tens, and an angle corner ohne 122.823 acro
treat described In the. dead from South Frawayaltline 8 Umited Palms* and South
Freeway BeSM 8 42 United PaNwala to Peaderd Mattes Center, LP. reword under
Page 1 of 3
tV,yertlwMVln1NT11atn'WLTttAaCe ',PARCEL 18 MID PARCEL 11 COMM 4a4 /OM LEGAL RawnD
aeertAm
February 6, 2017
Jab Na 1087-1701207
Re No. Y326977, In to O61tlol Public Records al Reel Properly, Hrds Ccuhy, Teas beers
SouM Or 24' 12' East -13.12';
THENCE South 67. 38' 2r West - 600.40' slap to south Ins of meld 4.24 acre Mot, to
earth is of Sd 6 acro VW, and the south the of said 4.961 we hot common b to north
Ins ol eNd 44660 square loot It (N 500.40' peeling a Eadnoh Iron rod With 0'p stamped
1.IA B1G' preAaaly eel for IM southeast Domer of saki 424 we trod), los SW kon rod Oh
cep stamped "LJA-ENG' previously est for the southwest caner of the herein dalxbsd kW,
common to to aaraeet area of aid 8 aces bunt and the southwest comer ol eek 4.961
ass tract, common b the northwest comer 01 esld 4E580 spars loot ksa, in M weer M of
said LOT 3, h to anteAbe of Karats Road (40' ROW) (Unimproved) (also mwi a C hrte
Street) as recorded In the ALLISON RICHEY GULF COAST HOMES SUBURBAN
SUBDIVISION. a eh6avtbbn recorded in Volare 8, Pate 40, of the kap Records d Iamb
County, Texas, the not sal owner o1 LOT 41 of eruct ALLISON RIQIEY GULF COAST
HOMES SUBURBAN SUBDIVISION, to southeast comer of WT 40 if N sold ALLISON
RICHEY GULF COAST HOMES SUBURBAN SUBDIVISION, In the east Ins of sold ALLISON
RICHEY GULF CbAST HOMES SUBURBAN SUBDIVISION, to seat One of to 26.466 eras
tract described a Tract 1, In to deed horn INR Cher Creek Spechm Ladled Patranhp to
SpsWhn 86 Partners, LP., warded under F4 Na 20003169687, In the Mob Public
Ruorda ol Rest Property, of Haft Coaly, Toast
THENCE North Or 24' 10' West - 329.73', along 60' welt Ms of said 5 we Sept, the west One
01 said 4.961 we track 60' welt Ira of said LOT 8, 90' eget Ins of said 28.468 we tract the
eat be of WI La 40 14, 60' east Si ol said ALLISON RICHEY GULF COAST HCI B
SUBURBAN SUBDIVISION and the centerline of said Karat Rood, to • 8R-bhoh Iron rod wade
cep abmped YJA ENO' prevbLWy eat for the northwest comer of the herein desar6W beet
60' northeast caner of sr 4.981 Dae boa and to wawa' corner of said Rebus act the
southwest earner of the 1 acre kora deserted In 60' dead from F.D. Lista to Eder Ele
recorded under Volume 407, Pape 116, In the Deed Records of Hyde County, Teas;
Pape 2 c4 3
YlwawIYNUT11a11CML111PMaeL I.PAPCEL a AM PAM& 111 N4 00110MED 4ACMLEOAI REVBEW
Oaalrlee
Febwry 6, 2017
Job No. 19437-1701.207
TWICE Nab er 42 11° East - 660.40. along the north Me of aid 6 tract, the north line of
said 424 acre Ina, and lie meting of said 4.961 acre tract, common 10 the south Mia of said
1 awe not, (an 100.00' pasty • delnch Yon rod frith cap *Umped 1JA ENO previously ea
for to northwest comer of the 4.24 acre tract) to a 15/8 -Inch Yon mrd Mfr cep stamped 'LA
ENO" previously at for the northeast carry of the herein described baa, to northeast owner
of sap 424 acre tract end the northeast caner a said 4.961 acre tract Y1 to west IM of the e
we tract Wooded as Exhibit B Inthe deed from Richard B. Mayor. Independent Executor of
9e Este 0f Ha6ur D. Mayor to Word B. Mayor recorded under FL No 2013007376 In
the In 6e OfIolaSPu6Ao Records al Real Properly, Hods County, Teas;
THENCE Bou* or 24' 12' East - 322.012, along the east This of sold 4.24 we tea, common
to the wet Mu of saki 3 sae haat (at 146.52 passing the aoutmost Domer of said 3 acre trait,
common to the norlhwat cones of the 2 we MC described as Exhibit 0, In the dead from
Rd*d B. Mayor, Independent Exaouor of the Estate of Hates D. Mayor to Rlamrd B.
Mayor, recorded under FAG No. 20190073786 In the Official Palle Records of Real Promptly,
Henle County, Teas, from width ■ 3!4' eon rod beats Nath e8' 43' 59' west - 6.241
continuing along the ant Med sold 4.24 acre tract, and the east Ins d sold 4.961 are has,
common to the west of geld 2 eon tract (a127752' peelng the southwest come of add 2 sae
tract, common to the northeast oomw of the Nomaid 1 ears haat) OonMxdng Song the east
Mm of es* 4.24 we aa, and the eat Bre of sold 4.861 we meat and common to is west
Ilei a said 1 acre tract Mayor trot continuity to the POINT OF BEGINNING of the hsSn
dsodbed treat and containing 4.804 an of land
RPLS, PLS, - . dB
ProlealwW Land Surveyor
Registration No. 6997
REVISED: FEBRUARY 6, 2017
Page 3 of 3
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LOWER KIRBYACQUISITION VISCINITY MAP
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LJA Engineering, Inc.
2929 &iarpark Drive
Suite 600
Houston, Texas 77042
Phone 713.953 5200
Fax 713.953.5026
FRN • F-1386