Loading...
R2023-219 2023-09-25 RESOLUTION NO. 2023-219 A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire fee title to certain property for road right- of-way; being 0.4614 acres (20,099 square feet) situated in the Obediah Pitts Survey, A-626 in Harris County, Texas, being a portion of that certain called 11.6 acre tract described in deed to The Kids Unlimited Foundation, Inc. and recorded in File Number V217722 in the Official Public Records of Real Property of Harris County, Texas for the construction and maintenance of public 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 road right-of-way 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 road right-of-way 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 public road improvements on certain real property located in Harris County, Texas. Section 2. The public convenience and necessity require 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. DocuSign Envelope ID: 9B4B004F-F6BC-43DC-A994-EF092B76B63B RESOLUTION NO. 2023-219 2 PASSED, APPROVED and ADOPTED this the 25th day of September, A.D., 2023. _____________________________ J.KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: _____________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 9B4B004F-F6BC-43DC-A994-EF092B76B63B EXHIBIT DESCRIPTION OF A TRACT OF LAND CONTAiN|NG 0.4614 ACRE (20,099 SQUARE FEET)SITUATED IN THE OBEDiAH PiTTS SURVEY,A4626 lN HARRlS COUNTY,TEXAS Being a tract of land containing 0.4614 acres (20,099 square feet)situated in the Obediah Pitts Survey,A-626 in Harris County,Texas,being a portion of that certain called 116 acre tract described in deed to The Kids Unlimited Foundation,inc.and recorded in File Number V217722 in the Official Public Records of Real Property of Harris County,Texas (O,P,R.R.P.H.C,).Said 0.4614 acre tract being more particularly described by metes and bounds as follows‘ COMMENCING for reference at a point for reference approximately 75.00 feet north of the centerline of Clear Creek and along the east line of said 11.6 acre tract,from which a found 5/8 inch iron rod bears South 14“58’45"East,a distance of 0.64 feet,same being on the west line of that certain called 5.086 acre tract described in deed to Lower Kirby Peariand Management District and recorded in File Number RP-218450250,O.P.R.R.P H.C', THENCE North 02"05‘40’West,with the east line of said 11.6 acre tract and the west line of said 5.086 acre tract,a distance of 609.02‘feet to a 5/8 inch iron rod with cap stamped “Cobb Fendley &Associates”set for the POINT OF BEG|NNlNG and southeast corner of the herein described tract; THENCE South 87“23’59”West,departing the east line of said 11.6 acre tract and the west line of said 5086 acre tract,a distance of 649.65 feet to a 5/8 inch iron rod with cap stamped “Cobb Fendley &Associates"set for corner of the herein described tract‘, THENCE South 10°09‘40"West,a distance of 5059 feet to a 5/8 inch iron rod with cap stamped “Cobb Fendley &Associates”set for the southwest corner of the herein described tract,same being in the centerline of a platted 40 foot right-of—way as shown on the Allison Richey Gulf Coast Home Company’s Part of Suburban Gardens,a subdivision of record in Volume 3,Page 40 of the Map Records of Harris County,Texas,same also being in the east line of a called 2 300 acre tract described in deed to City of Pearland and recorded in File Number Y715629,OF‘R.R.P.H.C, THENCE North 02°29’38”West,with the west line of said 116 acre tract,the centerline of said 40 foot right-of-way,and the east line of said 2.300 acre tract,a distance of 79.34 feet to a PK nail with shiner set for the northwest corner of the herein described tract,same being the northwest corner of said 11,6 acre tract,in the centerline of Fruge Road (40‘wide)as shown on said Volume 3,Page 40 in the Map Records of Harris County,Texas,and the northeast corner of said 2.300 acre tract, of the herein described tract,same being the northeast corner of said 11.6 acre tract thenorthwestcornerofsaid5086acretract;Page 1 of2 THENCE South 02”05‘40“East,departing the centerline of said Fruge Road and with the east line ct said 116 acre tract and the west tine ot said 5 086 acre tract,a distance of 30.00 teet to the POINT OF BEGINNING and containing 04814 acres (20,099 square feet)of iand,more or iess. A parcei piat of even date was prepared in conjunction with this property description. This survey was performed without the benefit of a titie commitment,easements,covenants and/or restrictions may exist which are not shown hereon Cobb,Fendley 8.Associates,inc. TBPLS Firm Registration No 100467 13430 NW Freeway,Suite 1100 Houston,TX 77040 Phone‘713~462-3242 Job Number 2112-041-O3 Original Date:March 9,2023 Revision Date‘April 20,2023 Page 2 oi'2 LEGEND 1 =PROPERTY LINE CITY OF PEARLAND TRACT 3 CALLED 2.300 ACRES FILE NO. Y715629 N2' 29' 38"W 79.34' PV2 5‘pr4 aT G'`stem S'LlsN AREA SUMMARY TABLE_ WITHIN EXISTING ROW = 13,922.5 SO. FT. REMAINING AREA = 6.126 5 SQ. FT. TOTAL AREA = 20.099.0 SQ. FT. LONZA HOUSTON, INC., FILE NO. RP-2020-213121 LOT 2 0 50 100 Scale: 1 "=50' Harris County Key Map No. 612—D 70.00' f 35.50' } } 24.69' N87' 23' 59"E 660.95' FRUGE ROAD No FEET WIDE) EXISTING R.O_W EXISTING R.O.W. CENTERLINE S10' 09' 40"W 50.59' 40' PLATTED ROAD VOL 3, PG. 40, Y.R.H.C. NOTES: T 1. 5/8-INCH IRON RODS WITH YELLOW CAPS STAMPED "COBS FENDLEY & ASSOCIATES' SET AT ALL TRACT CORNERS UNLESS NOTED OTHERWISE. 2. ALL BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM Or 1983, SOUTH CENTRAL ZONE. SITUATED IN THE OBEDIAH PITTS SURVEY, A-626, AND DAVID WHITE SURVEY A-876 IN HARRIS COUNTY, TEXAS'_ 3. FIELD WORK WAS PERFORMED DURING NOVEMBER. 2022. 4. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. SURVEYOR DID NOT RESEARCH SUBJECT PROPERTY. THERE MAY BE EASEMENTS AND/OR RESTRICTIVE COVENANTS DE RECORD AFFECTING THIS PROPERTY WHICH ARE NOT SHOWN HEREON 5. SQUARE FOOTAGE AREA SHOWN HEREON IS FOR INFORMATION ONLY AND SURVEYOR DOES NOT CERTIFY ACCURACY OF SURVEY TO NEARESTSOl1ARE FOOT. 587' 23' 59"W 649.65' PROPOSED R.O.? THE KIDS UNLIMITED FOUNDATION, INC CALLED 11.6 ACRES FILE NO. V217722 0.P.R.R_P.H.C.Tx. PARCEL NO. 1 0.4614 ACRES (20,099 5Q. FT.) MATCHLINE SHEET NO.2 ©SD° ©© obbFendley TBPE Firm Registration No. 274 TBPLS Firm Registration No. 100467 13430 Northwest Freeway, Suite 1100 Houston, Texas 77040 713.462.3242 fax 713.462.3262 [ www.cobbfendley.corn DA1'E: 2-21-2023 SHEET 1 OF 2 REVISED SCALE: 1 r=50' F.B. NO. 3349 DRAWN BY: DC PROJECT NO. 2112-041-03 0 a LEGEND FP_=PROPERTY LINE LONZA HOUSTON, iNC., FILE NO. RP 2020 213121 r� E zyo°pA¢ --eP 11 r. a - O.P.R.R.P.H.C.Tx. 80'[F G• `0 `�. LOT 2 1'd 0 50 100 Scale: 1"=50' Harris County Key Map No. 612-D N87' 23' 59"E 660.95' 70.00' EXISTING R.O.W. 35.50' EXISTING R.O.W. FRUGE ROAD CENTERLINE 4 5()' 1 (60 FEET WIDE) 1.25.0-0:NINN, SET. PK NAIL WITH SHINER S87' 23' 59"W 649.65' NOTES: 1. 5/8—INCH IRON RODS WITH YELLOW CAPS STAMPED 'COBB FENDLEY do ASSOCIATES- SET AT ALL TRACT CORNERS UNLESS NOTED OTHERWISE. 2 ALL BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983. SOUTH CENTRAL ZONE. SITUATED IN THE OBEDIAH PITTS SURVEY. A-626. AND DAVID WHITE SURVEY A-876 IN HARRIS COUNTY, TEXAS'. 3. FIELD WORK WAS PERFORMED DURING NOVEMBER. 2022. 4. 11-11S SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. SURVEYOR DID NOT RESEARCH SUBJECT PROPERTY. THERE MAY BE EASEMENTS AND/OR RESTRICTIVE COVENANTS OF RECORD Af 1-kCTlNG THIS PROPERTY WHICH ARE NOT SHOWN HEREON. 5_ SQUARE FOOTAGE AREA SHOWN HEREON 15 FOR INFORMATION ONLY AND SURVEYOR DOES NOT CERTIFY ACCURACY OF SURVEY TO NEARESTSQUARE FOOT. PROPOSED R.O.W. PARCEL NO. 1 0.4614 ACRES (20,099 SO_ FT.) THE KIDS UNLIMITED FOUNDATION, INC CALLED 11.6 ACRES FILE NO. V217722 0_P.R.R.P.H.C.Tx. �S2' 05' 40"E 30.00' ed P.O.C. END. 5/8" I.R. LOWER KIRBY PEARLAND MANAGEMENT DISTRICT CALLED 5.086 ACRES FILE NO. RP-2018-60250 0.P.R_R_P.H.C.Tx. obbFendley TBPE Firm Registration No. 274 TBPLS Firm Registration No. 100467 13430 Northwest Freeway, Suite 1100 Houston, Texas 7704❑ 713.462.3242 fax 713.462.3262 1 www.cobbfendley.com DATE: DOD E1 c 2-21-2023OF 2 SCALE: 1 "=5O' SHEET 2 F.B. NO. 3349 REVISED DRAWN BY: DC PROJECT NO. 2112-041-03