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R2019-026 2019-01-28 RESOLUTION NO. 2019-26 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 for the Lower Kirby Regional Detention Project; being 1.820 acres of land, in the James Hamilton Survey, A-881, Harris County, Texas, out of a 12 acre tract described in the deed from Fidelity Bank and Trust Company to O. Y. Ong, Trustee recorded under File Number E829605, in the Official Public Records of Real Property of Harris County, Texas, out of Lot 2, of the JAMES HAMILTON SURVEY SUBDIVISION, a subdivision of record in Volume 83, Page 342 in the Deed Records of Harris County, Texas, and Lot 2 of M.L. PARKER PARTITION, a subdivision of record in Volume 998, Page 20, in the Deed Records of Harris County, Texas,for the construction and maintenance of drainage 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 drainage 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 drainage 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 Exhibit"A"and "B", either by donation, purchase or the exercise of the power of eminent domain. PASSED and APPROVED on this the 28th day of January, A.D., 2019. RESOLUTION NO. 2019-26 ____,--)014 ) a-) TOM REID MAYOR ATTEST: `�.�QEARLq,Vo,,' /i A Ys G LO' 4� •� SECR ARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 EXHIBIT December 7, 2016 Job No. 1957-1701 METES AND BOUNDS DESCRIPTION OF 1.820 ACRES IN THE JAMES HAMILTON SURVEY, A-881 HARRIS COUNTY,TEXAS All of that 1.820 acres of land, in the James Hamilton Survey, A-B81, Harris County, Texas, out of a 12 acre tract described in the deed from Fidelity Bank and Trust Company to O. Y. Ong, Trustee recorded under File Number E829605, in the Official Public Records of Real Property of Harris County, Texas, out of Lot 2, of the JAMES HAMILTON SURVEY SUBDIVISION, a subdivision of record in Volume 83, Page 342 in the Deed Records of Harris County, Texas, and Lot 2 of M.L. PARKER PARTITION, a subdivision of record in Volume 998, Page 20, in the Deed Records of Harris County, Texas and more particularly described by metes and bounds as follows (Bearings based on Texas Coordinate System, South Central Zone, NAD83, 1993 Adjustment): BEGINNING at a 1/2" iron rod found for the northwest corner of the herein described tract, the • northwest corner of said 12 acre tract, the northwest corner of Lot 2 of said M.L. PARKER PARTITION, and the northwest corner of Lot 2, of said JAMES HAMILTON SURVEY SUBDiVISION, common to the southwest corner of the 0,710 acre tract described in the deed from Norma F. Anderson A/K/A Norma P. Anderson to The State of Texas recorded under File Number M379263, in the Official Public Records of Real Property of Harris County, Texas, the southwest corner of Lot 1 of said JAMES HAMILTON SURVEY, and the southwest corner of Lot 1 of said M.L. PARKER PARTITION, in the centerline of Kara!is Road (40' ROW) (unimproved) recorded under Volume 3, Page 40, in the Map Records of Harris County, Texas, common to the east line of Block F, ALLISON RICHEY GULF COAST HOMES SUBDIVISION, a subdivision of record in Volume 3, Page 40 of the Map Records of Harris County, Texas; Page 1 of 3 I:\Projdskl\,SURVEYO1957\1701NCAD1LTS\TRACT 28VTRACT 28 1.820 ACHES ONG MACT.doc December 7, 2016 Job No. 1957-1701 THENCE North 87° 35' 14" East - 100.40', along the north line of said 12 acre tract, the north line of said Lot 2 of said M.L. PARKER PARTITION, and the north line of Lot 2 of said JAMES HAMILTON SURVEY SUBDIVISION, common to the south line of said 0.710 acre tract, the south line of said Lot 1 said M.L. PARKER PARTITION and the south line of Lot 1 of said JAMES HAMILTON SURVEY SUBDIVISION, to northeast corner of the herein described tract, common to the northwest corner of the 10.1818 acre tract described in the deed from William O.Y. Ong, Jr., et al. to Dolmar Legacy. L,P. recorded under File Number 2016175865, in the Official Public Records of Real Property of Harris County, Texas, in the south line of said 0.710 acre tract, from which a found 5/8" iron rod bears North 02° 20' 35" West, 0.23'; THENCE South 02° 20' 35" East - 789.67', along the east line of the herein described tract, common to the west line of said 10.1818 acre tract, to a 5/8" iron rod with cap stamped "LJA- ENG" set for the southeast corner of the herein described tract, common to the southwest corner of said 10.1818 acre tract, in the south line of said 12 acre tract and the south line of Lot 2 of said M.L, PARKER PARTITION, common to the north line of the 12 acre tract described as Exhibit A (2) in the deed from Richard H. Martini, Individually, As Trustee and as Independent Executor of the Estate of Betty M. Martini to Richard H. Martini and Daniel Cook as Trustees of the Betty M. Martini By-Pass Trust, recorded under File Number 20140303333, in the Official • Public Records of Real Properly of Harris County, Texas, and the north line of Lot 3 of said M.L. PARKER PARTITION; •• THENCE South 87' 51' 22" West - 100.40', along the south line of said 12 acre Ong tract and the south line of Lot 2 of said M.L. PARKER PARTITION, common to the north line of said 12 acre Exhibit A (2) tract and the north line of Lot 3 of said M.L. PARKER PARTITION to a 5/8" iron rad with cap stamped "LJA-ENG" set for the southwest corner of the herein described tract, the southwest corner of said 12 acre Ong tract, and the southwest corner of Lot 2 of said M.L. • PARKER PARTITION common to the northwest corner of said 12 acre Exhibit A (2), the northwest corner of lot 3 of said M.L, PARKER PARTITION, in the west line of said Lot 2 • JAMES HAMILTON SURVEY SUBDIVISION of Block F, common to the east line of said ALLISON RICHEY GULF COAST HOMES SUBDIVISION; • Page 2 of 3 I AProjdskl\SURVEYU 957%1701\CAD\LTSITRACT 281TRAC 1 28 1.820 ACRES ONG TRACT.doc December 7, 2016 Job No. 1957-1701 THENCE North 02' 20' 35" West -- 789.20', along the west line of said 12 acre Ong tract, the west line of said Lot 2 of said JAMES HAMILTON SURVEY SUBDIVISION, and the west line of said Lot 2 M.L. PARKER PARTITION, common to the centerline of said Karafis Road and the east line of said Block F, ALLISON RICHEY GULF COAST HOMES SUBDIVISION to the POINT OF BEGINNING of the herein described tract and containing 1.820 acres of land. pF 'Q Red., ✓ � � , FEATHER L SIDES f 5997 « 'ea r Vas, "LS, CFedS, PLS % Pe ( R:.i.tered Professional Land Surveyor T -s Registration No. 5997 • Page 3 of 3 • I.-tProidsk1\SURVEY11957117011GADl&TSITRACT 201TfACT 28 1,820 ACh ES ONG TfACT.doc '= `` 'a° ITE I} �,1�I (Y4�Yygg= 41 �1TOY�rF. ,*�`l 2•'� 15 I C / =P- =i 1;3 Q. F �- 1 II 3� I1 � '1 _-f Poe 11II • J sC-L I .lit IM.SCf f'[i .. ..•."" �.� 1 ie — `i rso..e. ..',. 1 H,> VICINITY MAP sr, rnxs.n • • _- -�.t JI " 1. r,•- — ';`_, ' ! 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