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R2023-220 2023-09-25RESOLUTION NO. 2023-220 A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire a waterline easement on certain real property; being a 0.1928 acre (8,398 square feet) of land located in the James Hamilton Survey, Abstract 876, Harris County, Texas, being a portion of Lot 16 1/2, Block F of the Allison Richey Gulf Coast Home Co's Part Of Suburban Gardens, a subdivision of record in Volume 3, Page 40 of the Map Records of said Harris County, Texas (H.C.M.R.) for the construction and maintenance of public waterline 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 waterline 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 waterline easement 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 waterline improvements on certain real property located in Harris County, Texas. Section 2. The public convenience and necessity require the acquisition of a waterline easement 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. 2023-220 2 PASSED and APPROVED on 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 _‘A{ April 5.2023 Job No LJASOD1-22092004 METES AND BOUNDS DESCRlPTlON OF 0.1928 ACRE (8.398 SQUARE FEET) WATER LINE EASEMENT 10 FEET WiDE Being 01928 acre (8,398 square feet)of land located in the James Hamilton Survey, Abstract 876,Harris County,Texas,being a portion of Lot 18 1/2,Block F of the Allison Richey Gulf Coast Home Co's Part Of Suburban Gardens,a subdivision of record in Volume 3,Page 40 oi the Map Records of said Harris County Texas (H C M R.),more particularly being a portion of that certain called 0.4742 acre tract conveyed to County Of Harris by an instrument of record in File Number 20070622121 of the Otiicial Public Records of Real Property of said Harris County, Texas (H C.O.P.R.R.P,),a portion of that certain called 0 5857 acre tract conveyed to County Of Harris (described as “Tract 2")by an instrument of record in File Number 20070645144 H C OF R R.P.,a portion of that certain called 0 5437 acre tract conveyed to Harris County, Texas (described as “Tract 3”)by an instrument of record in File Number 20080177954, H.C O.P.R R.P.,a portion of that certain called 0.5203 acre tract conveyed to Harris County (described as ‘Tract4”)by an instrument of record in File Number 20080044634,HC 0 P R.R.P, and a portion ofthat certain called 0 5158 acre tract conveyed to Harris County,Texas (described as “Tract 3A")by an instrument of record in File Number 20080177954,H.C.O.P.R.R.P.,said 0.1928 acre tract being more particularly described by metes and bounds as follows (all bearings referenced to the Texas Coordinate System,South Central Zone,NAD 83); BEGINNING at a 5/8—inch iron rod with cap stamped “HARRlS COUNTY“found for the northwest corner of said 0.4742 acre tract,said point lying on the intersection oi the east right—of— way line of a 40 foot right—of~way(unimproved)as shown on said Allison Richey Gulf Coast Home Co‘s Part Oi Suburban Gardens and the south right—ot—wayline of Beltway 8 (width varies),the beginning of a curve; line and along the arc of a curve to the right,having a radius of 2,837.79 feet,an arc length of37.22 feet,a central angle of 00°45'05",and a chord which bears South 83“04‘21"East,3722feettoapointforcornerthebeginningofareversecurve,Page 1 of 3S\Scct0rs\S\irveytProiects\LJ/\SOD1i220€?\2t]04\07 Donumnntsio 1928 Ac V\’Lt_M&l3.ducx 0.1928 /\cre April 5,2023 Job No LJASOO1—2029—2004 Thence,continuing along said common line and along the arc of a tangent curve to the left,at an arc length of 64.94 feet passing a 5/8-inch iron rod with cap stamped “HARRIS COUNTY"found for the northeast corner of said 0.4742 acre tract,same being the northwest corner ofthe aforementioned 0.5857 acre tract and continuing along said south right—of—wayline, same being the north line of said 0 5857 acre tract,at an arc length of 198 30 feet passing a 5/8- inch iron rod found for the northeast corner of said 0.5857 acre tract,same being the northwest corner ofthe aforementioned 0,5437 acre tract,and continuing along said south right—of-way line, same being the north line of said 0 5437 acre tract,at an arc length of 330 81 feet passing a 5/8— inch iron rod found for the northeast corner of said 0.5437 acre tract,same being the northwest corner ofthe aforementioned 0.5203 acre tract and continuing along said south right-of~way line, same being the north line of said 0 5203 acre tract,at an arc length of 462.88 feet passing a 5/8- inch iron rod found for the northeast corner of said 0.5203 acre tract,same being the northwest corner ofthe aforementioned 0.5158 acre tract,and continuing along said south right»of—way line, same being the north line of said 0.5158 acre tract for a total arc length of 59498 feet,having a radius of2,891 79 feet,a central angle of 11”47‘18“,and a chord which bears South 88°35'28” East,593.93 feet to a 5/8—inch iron rod found for the northeast corner of said 0.5158 acre tract, same being the northwest corner of that certain tract of land conveyed to Dolmar l_egacy,LP by an instrument of record under File Number 201401 11734,H C.O PR RP ,said point lying on the east line of the aforementioned Lot 16 1/2,same being the west line of Lot 15 1/2 of the aforementioned Allison Richey Gulf Coast Home Co‘s Part Of Suburban Gardens, Thence,South 02“43'50“East,departing said south right—of—wayline and along the east line of said 0,5158 acre tract,same being the west line of said Dolmar Legacy,LP tract and said common lot line,10 00 feet to a point for corner the beginning of a curve. Thence,departing said common line,596 73 feet along the arc of a non—tangent curve to the right,having a radius of 2,901.79 feet,a central angle of11"46‘57“,and a chord which bears North 88°35'17“West 595 68 feet to a point for corner,the beginning of a reverse curve; a tangent to left,having a radius offeet,a central angle of 00“30‘26",and a chord which bears North 82°57'01”West,25 04 feettoapointforcorner;Page 2 of 3SlsectorslSurvey\Proiecis\LJ/\snr)1l22ri€il2r)04lD7 ttocuirienlslo 1928 /\r.WLE M&B dnc>< 0.1928 Acre ‘ April 5,2023 Job No.LJ/\S0O1—2029—2004 Thence.South 04"03‘55"East,206 86 feet to a point for corner on the south line of said 0.4742 acre tract and said Lot 16 1/2,same being the north line of that certain called 27.1564 acre tract conveyed to Tierra De Los Lagos LLC (described as “Tract One")by an instrument of record under File Number 20140105320,H.C.O.P.R R P.and Lot 17,Block F of said Allison Richey Gulf Coast Home Co's Part Of Suburban Gardens Thence.South 87”27‘03"West.along said common line.at 7 16 feet passing a 5/8—inch iron rod found the northwest corner of said 27.1564 acre tract.and continuing along the south line of said 0.4742 acre tract 10.00 feet to the southwest corner of said 0.4742 acre tract.said point lying on the east right-of—wayline of the aforementioned unimproved 40 foot right—of—way; Thence.North 04°03‘55"West,along the west line of said 0.4742 acre tract,same being the east line of said 40 foot right—of—way,218.67 feet to the POINT OF BEG|NNlNG and containing 0.1928 acre (8,398 square feet)of land Corner monuments were not set at the client's request gas BeniarninLowe,RPLS Texas Registration No.6944 LJA Surveying,Inc Page 3 of 3S\ScciorsisurveyiPrurectsii.lAS001i220sJ\2i)u4i07 Ducurrrerrts\n 1928 Ac W1 1 _Ni&lt docx ‘ clfmi?.M O.”‘Mmu.on.B ‘ . mX_.=m_._.BMwmmammmmowmu. 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