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Ord. 1455 2011-10-10ORDINANCE NO. 1455 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE POWER OF EMINENT DOMAIN TO ACQUIRE FEE SIMPLE TITLE TO CERTAIN PROPERTY, BEING A 1.162 ACRE PARCEL OF LAND, LOCATED IN THE DERRIL H. M. HUNTER SURVEY, ABSTRCT NO. 36 AND THE TOMAS J. GREEN SURVEY, ABSTRCT 290 OF HARRIS COUNTY, TEXAS, BEING A PORTION OF LOT 1 OF SECTION G OF THE ALLISON RIVHEY GULF COAST HOME COMPANY PART OF SUBURBAN GARDENS, A SUBDIVISION OF RECORD IN VOLUME 4, PAGE 48, MAP RECORDS OF HARRIS COUNTY, FOR THE CONSTRUCTION OF ROAD, DRAINAGE AND UTILITY 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, drainage and utility 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 simple title to certain property for the construction of road, drainage and utility improvements on said property; now, therefore, BE IT ORDAINED 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 road, drainage and utility improvements on certain real property located in Harris County, Texas. Section 2. The public convenience and necessity requires the acquisition of right of -way, 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. ORDINANCE NO. 1455 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, described in Exhibits "A" and "B" and any improvements thereon, either by donation, purchase or the exercise of the power of eminent domain. PASSED and APPROVED on FIRST READING this the 26 day of September, A.D., 2011. TOM REID MAYOR ATTEST: )64;g October, A.D., 2011. TOM REID MAYOR 07-v, Qs...4 2 ilitl4`» PASSED and APPROVED on SECOND and FINAL READING this the 10 day of ORDINANCE NO. 1455 ATTEST: YO 4 G L •f .n- 6 CI SE TARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 3 PROPERTY DESCRIPTION FOR PARCEL NO. 8 Exhibit "A" Ordinance No. 1455 April, 2010 Parcel 8 Page 1 of 7 Being a 1.162 sore (60,617 square feet) parcel of land, located in the Derrtl H. M. Hunter Survey, Abstract No. 36 and the Thomas J. Green Survey, Abstract No. 290 of Harris County, Texas, being a portion of Lot 1 of Section G of the Allison-Richey Gulf Coast Home Company Part of Suburban Gardens, a subdivision of record in Volume 4, Page 48, Map Records of said Harris County (H.C,M,R.), said Lot 1 conveyed from John Alexander to John Alexander Family Limited Partnership by Instrument of record dated September 1, 2004 and recorded under File Number X951547, of the Official Public Records of Real Property of Harris County, Texas (H,C.O.P.R,R,P.) and being out of that certain celled 0.6629 acro tract conveyed from RI Blackhawk II, Ltd to John Alexander Family Limited Partnership by instrument of record dated March 26, 1998 and recorded under File Number 5939516, I- I.C.O,RR.R.P., said 1.162 acre parcel being more partioulariy described as follows: COMMENCING for reference at a 1 -1/2 -inch iron pipe found marking the most westerly corner of Unrestricted Reserve "B" of Pasadena 150 Hughes Road Extension, a subdivision of record In Film Code Number 014095, H.C.M.R., same being the north corner of sald 0.6529 acre tract, said point being on the common survey line of said Derril H. M. Hunter Survey, Abstract No. 36 and the George McDougal Survey, Abstract No. 564 of said Harris County; South 48° 25' 25" East, along the northerly line of said 0.0529 acre tract and the southerly line of said Unrestricted Reserve "B" and along said common survey line, 129.28 feet to a 5/8 -inch Iron rod with cap stamped "WESTBELT -SU RVFYING" found for the POINT OF BEGINNING of the herein described tract, having grid coordinates of X' 3,'159,976.42 Ye 13,776,140.43, same being southwest corner of Hughes Road (100 feet wide) as shown on said Pasadena ISD Hughes Road Extension; Exhibit April, 2010 Parcel 8 Page 2 of 7 1) Thence, South 48° 25' 25" East, along the northerly line of said 0.6529 acre tract and the southerly line of eald Hughes Road and along said common survey line, at 68.73 feet pass the common east corner of eaid Derril H. M. Hunter Survey and said Thomas J. Green Survey on the southerly line of said George McDougal Survey, Game being the east comer of said 0.6529 acre tract, and continuing along the common survey line of said Thomas J. Green Survey and said George McDougal Survey and the northeasterly line of said Lot 1, In all a distance of,104.90 feet to a 5/8 -Inch Iron rod with cap stamped "WESTC3ELT- SURVEYI NG" found for corner at the most southerly comer of said Hughes Road; 2) Thence, South 26° 17' 19" West, departing said common survey lino and said northerly line of Lot 1 and along the proposed southerly right -of -way line of Hughes Road (width varies), 74.39 feet to a 5/8 -inch Iron rod with cap stamped "LJA ENG" set for corner, the beginning of a curve; 3) Thence, continuing along the proposed southerly right -of -way line of Hughes Road (100 feet wide at this point) 198.55 feet along the arc of a tangent curve to the right having a radius of 2050.00 feel, a central angle of 05° 32' 57 and a chord that bears South 29 03' 48" West, 198,47 feet to a 5!8 -inch iron rod with cap stamped "LJA ENG" set for corner; 4) Thence, South 31° 50' 16" West, continuing along the proposed southerly right -of -way line of Hughes Road (width varies), 145.26 feet to a 6/8 -inch iron rod with cap stamped "LJA ENG" set for corner, the beginning of a curve; April, 2010 Parcel 8 Page 3 of 7 Exhibit 5) Thence, continuing along the proposed southerly right-et-way line of said Hughes Read 74.24 feet along the arc of a tangent curve to the right having a radius of 1000,00 feet, a central angle of 04° 15' 13 and a chord that bears South 33 67' 53" West, 74,22 feet to a 5/8-Inch iron rod with cap stamped "LJA ENG" set for corner on the southwesterly line of Lot 1 and the northeasterly line of said Lot 2 of the aforementioned Section G, said Lot 2 being n portion of that certain called 100.4395 eons tract 2/3 interest conveyed from Nancy M. Robinson, et al to Riverstone Lend Investors, Ltd by Instrument of record dated September 28, 2000 and flied for record under File Number U658196, of the (Mal Pubiio Records of Real Property of Heals County, Texas (H.C.O,RR.R.R) and 113 Interest conveyed from Terra Prima, Ltd. to Riverstone Lend Investors, Ltd by instrument of record dated October 10, 2000 and filed for record under File Number U673395, H.C.O.P.R.R.P,; 6) Thence, North 48° 19' 29" West, along the northeasterly line of said Lot 2 and the southwesterly line of Lot 1, 117.49 feet to a 518 -Inch Iron rod with cap stamped "LJA ENG" set for corner on the proposed northerly right -of -way line of Hughes Road (width varies at this point); 7) Thence, North 40 °09'31 East, along the proposed southerly right -of -way line of Hughes Road 65,23 feat to a 5/8 -inch iron rod with cap stamped "LJA ENG" set for corner, the beginning of a curve; 8) Thence, continuing along the proposed southerly right -of -way line of Hughes Road 145,22 feet along the arc of a tangent curve to the left having a radius of 1000,00 feet, a central angle of 08° 19' 14 and a chord that bears North 35° 59' 54" East, 145.10 feet to a point for corner, the beginning of a compound curve, from which a found 5/8-inch iron rod with cap stamped "LANDTECH- CONSULTANTS" found for an angle point on the southerly line of that certain called 12.597 acre tract conveyed from RH I'lackhawk II, LTD to Clear Brook City Municipal Utility DIstrlct, bears South 08° 25' 59'W, 0.10 feet 9) Thence, continuing along the proposed southerly right -of -way Ilne of Hughes Road (100 feet wide at this point) 216.38 feet along the arc of a tangent curve to the left having a radius of 1950.00 feet, a central angle of 06 21' 28 and a chord that bears North 28° 39' 32" East, 218.27 feet to a 51B -Inch Iron rod with cap stamped "LJA ENG" set for cornet; 10) Thence, North 25 °28'48" East, continuing along the proposed southerly right -of -way line of Hughes Road (width varies) 74,55 feet to the POINT OF BEGINNING and containing 1,182 acre (50,817 square feet) of land. FIELD SURVEYING WAS COMPLETED IN MARCH 2b10 ALL BEARINGS AND COORDINATES ARE BASED ON THE TEXAS COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH AMERICAN 1983 DATUM (2000 ADJUSTMENT), WITH COORDINATES GIVEN IN FEET. COORDINATES SHOWN ARE GRID AND MAY BE CONVERTED TO SURFACE BY DIVIDING BY A COMBINED ADJUSTMENT FACTOR OF 0,999869913. 1, GARY D. NUTTER, A REGISTERED PROFESSIONAL LAND SURVEYOR, HEREBY CERTIFY THAT THE LEGAL DESCRIPTION HEREON AND THE ACCOMPANYING PLAT OF EVEN DATE REPRESENT AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION. 1rnar• GARY D."1+ TER, R,P,L,S 426TE TEXAS REGISTRATION NO. 5659 LJA ENGINEERING SURVEYING INC. 2929 BRIARPARK DRIVE SUITE 600 HOUSTON, TEXAS 77042 -3703 PHONE 713 953 -5200 Exhibit April, 2010 Parcel 8 Pogo 4 of 7 e7N17 .i 7 142171S S cy 4 o.. cZ LP4u) w u1 4■ J ti 0 L) W m 0: a Nm D `1 0 O Z <C. 0. in CC c H b1 j T 1" U G C 9JU c) 7 Exhibit "B" Ordinance No. 1455 099 4 .C,7427f1S 7VOfloa°JY 906030 06E -1f ',<RAMS NYSZTD .SYMONS 11Wt=! aZ Lit -'NCL_ Lilo-79W I— CC S ;-1 JWU o Q 9 LacJo 0. wwm a+ .1oa nu-snu6nu�neflwf Mtanaw.umm niw®io...hn. 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