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Home My WebLink AboutR-2000-12 . e RESOLUTION NO. 2000-~ A RESOLUTION AUTHORIZING THE ACQUISITION 01' RIGHTS-Ol'-WAY I'OR FLOOD CONTROL PURPOSES IN THE CITY 01' LA PORTE; I'INDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EI'I'ECTIVE DATE HEREOF. WHEREAS, the city council of the City of La Porte has found and determined that public necessity requires the location of rights-of-way for flood control purposes on the hereinafter described real property, in the City of La Porte, Harris County, Texas; and WHEREAS, the City council of the City of La Porte has found and determined that rights-of-way over and across the hereinafter described real property is suitable and needed for flood control purposes, and that it is necessary to acquire same for flood control purposes; and WHEREAS, the City Council of the City of La Porte deems it advisable to authorize, and does hereby authorize, Knox W. Askins, City Attorney of the City of La Porte, or his designated representative, to represent the City of La Porte in the acquisition of the hereinafter described property; NOW THEREI'ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. That the said Knox W. Askins, as City Attorney for the City of La Porte, or his designated representative, be and he is hereby authorized to negotiate with the owners of the hereinafter described land, concerning the acquisition by the City of La Porte, of rights-of-way for flood control purposes, located in Harris County, Texas, said rights-of-way being more particularly described on the several metes and bounds descriptions and plats, attached hereto, incorporated by reference herein, and made a part hereof for all purposes, at the fair market value for same, and should said City Attorney, or his designated representative, as the duly authorized representative of the City of La Porte, be unable to agree with such owners as to the fair market value of such rights-of-way, then, and in that event, said attorney be, and he is hereby authorized and directed to file against all owners and lienholders, proceedings in eminent domain to acquire the above described property, for flood control purposes. . e section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED this 24th day of July, 2000. BY:~ orman L. Malo , Mayor ATTEST: ~dii;/f4- d. I/.; 1LtI/ Mar ha A. Gillett City Secretary Kn City 2 . EXHIBIT A e ENOCH BRANSON SURVEY ABSTRACT NO. 5 7.160 ACRES PAGE 1 OF 3 State of Texas fi County of Harris fi Being a. 7.160 acres (311,903 square feet) tract of land located in the Enoch Branson Survey, Abstract No.5, Harris County, Texas, said 7.160 acre parcel being partially out of the second of two tracts of land described in deed to Charles C. Hinds dated March 7, 1990 and recorded under Harris County Clerk's File (HCCF) No. M550730 of the Official Public Records of Real Property of Harris County, Texas (OPRRPHCT), being part of Outlots 286 and 295 and all of Outlot 294 of the LaPorte OQtlots, a subdivision recorded by plat in Volume 61, Page 374 of the .Harris County Deed Records (HCDR); said 7.160 acre parcel furthermore being partially out of Outlots 306 and a portion of Outlot 295 of said LaPorte Outlots, which is all of a called 7.1613 acre tract described in deed dated February 17, 1982 to Charles C. Hinds and recorded under HCCF No. H346433 of said OPRRPHCT; and furthennore said 7.160 acre parcel being partially out of and a part of Outlot 315 of said LaPorte Outlots as described in deed dated April 11 , 1995 to Charles C. Hinds and recorded under HCCF No. R351137 of said OPRRPHCT. Said 7.160 acre tract is more particularly described. by metes and bounds as follows: (Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central Zone, utilizing City of La Porte Monument No.'s HI5-01, HI4-01, E14-01, and E15-01, which are based upon the USC & GS North American Datum of 1927.) BEGINNING at a 5/8-inch iron rod set for the northwest comer of the aforementioned Outlot 294, same being the northeast comer of a 30 foot wide Harris County Flood Control District (HCFCD) fee strip described in deed dated March 16, 1966 and recorded in Volume 6360, Page 34 of said HCDR, and also being on the south line of a 30 foot wide HCFCD fee strip described in deed dated March 28, 1966 and recorded in Volume 6488, Page 107 of said HCDR; THENCE, North 87 degrees 09 minutes 48 seconds East, along said south line of the 30 foot wide HCFCD fee strip and the north line of said Outlot 294, a distance of 335.96 feet to a 5/8-inch iron rod set for the common comer of Outlots 294,295, 306, and 307; THRNCE, North 03 degrees 01 minute 53 seconds West, with the common line of said Outlots 306 and 307, at a distance of 30.00 feet passing the northeast comer of said 30 foot wide HCFCD fee strip, same being the southeast comer of that ce~ tract of land conveyed to Glenn Doyle' Goodman, et UX., by deed dated July 20, 1981 and recorded under HCCF No. H093593 and HCCF No. H069618 of said OPRRPHCT, and from which a 5/8-inch iron rod found bears South 19 degree 10 minutes West, a distance of 0.34 feet, at a distance of 470.01 feet passing a 5/8-inch iron rod set for the common comer of Outlots 306, 307, 314, and 315, and continuing along the common line of Outlots 314 and 315 for a total distance of 900.01 feet to a 5/8-inch iron rod set for the northwest comer of the aforementioned Outlot 315, said comer being on the south right-of- way line of North np" Street (80 feet wide), said iron rod also being the northeast comer of Outlot 314 and that certain tract of land conveyed to Glenn Doyle Goodman, et ux., by deed dated April , . e ENOCH BRANSON SURVEY ABSTRACT NO.5 7.160 ACRES PAGE 2 OF 3 24, 1971 and recorded in Volume 8397, Page 498 and Volume 8448, Page 23 of said HCDR, and from which a 1/2-inch iron rod found bears North 03 degrees 01 minute West, a distance of 0.41 feet; THENCE, North 86 degrees 59 minutes 20 seconds East, along said south right-of-way line of North "P" Street, a distance of 150.00 feet to a 5/8-inch iron rod set for corner; TIffiNCE, South 03 degrees 01 minute 53 seconds East, departing said south right-of-way line at a distance of 430.00 feet passing a 5/8-inch iron rod set on the common line of Outlots 315 and 3q6, in all a total c;Ustance of 797.90 feet to a 5/8-inch iron rod set for corner; THENCE, North 81 degrees 16 minutes 20 seconds East, continuing across said Outlot 306, a distance of 176.73 feet to a 5/8-inch iron rod set for corner on the common line of Outlots 306 and 305, said Outlot 305 having been conveyed to Eugene R. Ybarra and Antonio Matta by deed ' dated March 8, 1973, and recorded under HCCF No. D832504 of said OPRRPHCT; THENCE, South 03 degrees 00 minutes 09 seconds East, with the common line of Outlots 306 and 305, at a distance of 89.70 feet passing a 112-inch iron rod found for the northwest corner of a 30 foot wide Harris County Flood Control District (HCFCD) fee strip (called 0.449 acre) described in deed dated November 22, 1965 and recorded in Volume 6291, Page 64 of said HCDR, and continuing for a ,total distance of 119.70 feet to a 5/8-inch iron rod set for the common corner of Outlots 306 and 305, same being the southwest corner of said 30 foot wide HCFCD fee strip~ and also being on the common north line of Outlot 296 and a called 2.32 acre tract conveyed to Ernesto Gomez, et ux., by deed dated November 4, 1985, and recorded under HCCF No. K274921 of said OPRRPHCT; THENCE, South 86 degrees 59 minutes 10 seconds West, along the north line of said Outlot 296, a distance of 2.02 feet to a Sl8-inch iron rod set for the common north comer of Outlots 296 and 295; THENCE, South 03 degrees 06 minutes 42 seconds East, along the common line of said Outlots 296 and 295, at a distance of 30.44 feet passing a 5/8-inch iron rod found, and continuing for a total distance of 51.35 feet to a 5/8-inch iron rod set for corner; THENCE, South 81 degrees 16 minutes 20 seconds West, across said Outlot 295, a distance of 176.80 feet to a 5/8-inch iron rod set for corner, being on the common line of the aforementioned 7.1613 acre tract; THENCE, South 03 degrees 01 minute 09 seconds East, departing said common line and with a west line of said called 7.1613 acre tract, passing at a distance of 30.29 feet a 5/8-inch iron rod found and continuing for a total distance of 899.69 feet to a 5/8-inch iron rod set for comer on the north right-of-way line of North "L" Street (80 feet wide), and from which a found 5/8-inch iron rod bears South 03 degrees 08 minutes East, a distance of 0.79 feet; . e ENOCH BRANSON SURVEY ABSTRACT NO.5 7.160 ACRES PAGE 3 OF 3 THENCE, South 86 degrees 51 minutes 41 seconds West, along said north right-of-way line of North ilL" Street, a distance of 130.00 feet to a 5/8-inch iron rod set for comer; THENCE, North 03 degrees 01 minute 09 seconds West, departing said north right-of-way line and crossing said Outlots 286 and 295, a distance of 818.02 feet to a 5/8-inch iron rod set for comer; THENCE, South 81 degrees 16 minutes 20 seconds West, a distance of 18.70 feet to a 5/8-inch iron rod set for comer;. "" THENCE, South 86 degrees 57 minutes 42 seconds West, a distance of 335.29 feet to a 5/8-inch iron rod set for comer on th~ common line of Outlots 293 and 294, said Outlot 293 and Outlot 288 having been conveyed to Paul D. Covington, et UX., by deed dated March 30, 1976 and recorded under HCCF No. E725561 of said OPRRPHCT; THENCE, North 03 degrees 00 minutes 42 seconds West, along said common line, a distance of 85.00 feet to the POINT OF BEGINNING, and containing 7.160 acres (311,903 square feet) of land, of which 0.678 acre (29,553 square feet) of l~d lies within an existing HCFCD drainage easement recorded in Volume 6597, Page 584 of said HCDR. This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered Professional Land Surveyor, License Number 4477, completed November 10, 1997, and is on file in the office of Baseline Corporation, Job No. 86.051.25. November 10. 1997 WSG:RLD:bgb Job No. 86.051.25 File: BLACAD\8605 1 \8605 12S\M&B-DES I I 297A I I I I I 296C I 297C - - - -I- - - - - - - - -1- - - - - - - - 19 IB 2B6A I 2BSA I 2B48 -I---,-------L 21 I 284" ,.. 20 28SB I 28'C I I I I I I I I I : .1 JIJO JI4 JI4A JI48 JI4C ... ~~ ~~ =~ 1160l - 02J'137'0II0-0316 J.2IB AC, c.r, NO. R>>IIJ7 DPRRPICT f-- ~ $~ u u " " I; 0 0 0 ~i ~ '" ~ ... ~~ ~ 0 M M - -r- -- ---- --- JOBB J07B J07 I--- H.C.r.C.D. I I I I ~':!137-DOO-0J61 I :3:~37-00D-0338 I H.C.C.F. NO. M5507JO OPflflPHCT I I I 0l3-137-000-0l8' 170623 AC --- 12B7 2B70 .. .. :ll I t ~ i 0 I ! Ii 0 I iii !!! cD M 0 I - 0 '0 I &~ I ~ '287A I 2B78 I ~~ 85 I :, I ---- 2B6A-1 NORTH L STREET 27JA 221!1lI2 I 274 2748 1901 274A -00li! -lIDOI I- 21 2 -00l1 -000i! M 20 J 1 & -lIDi!O ,00OJ ,~ 19 4 III 0 1914 ..- ~ .. ~ -D019 -lIllO' ~; ~ s ~ w *\i 'u ! u z S 8 " 18 ~o " <[ ~ 0 ~ g -0018 ..J -lIDOS -CD _ CD '(\J ,(\J &::; fii ~ ' 0 <[ Ii: ~ 17 6 .. (\J Q! -D017 ::l -00D6 <[ v ... "I '. I" =, ~~ l 1427 _, =1 =. NORTH P STREET 316 JI7A JI7 JIB ~ JI ~ :E PROPOSED ! u N.T.S.~ " M'" g I:i !!;::8 '" c..i ACQUISITION =~~ lI'I ~ Iri c..i X 3 J02 u " .. 0 0 .. '" :! '" M - Jll H.C.r,C.D. 2968 30' H.c.r,c,D. [SHT,~T 2978 I I I _0 ~, 19 IB 17 16 IS 14 IJ 12 11623 023"37-0llD-0357 2.J200 AC 296A 2970 19 IB 17 16 16 IS 14 .." ;, IJ 12 .. S 'u ! " 9 i M '" III ni .. .. s ! \i ~ ~ & ~ ~ .. , I:: =~ 22 23 24 , 25 26 ~ 2 20 21 17 12 I- :E VI 16 .. ~ IS 14 13 i .... ~, 22 2J 24 2 ....i ll. ll. 2S 2 ~ 2850 28SC ~w :, o o S ,~ 1;0 5- 0 'CD M", ::ll-' . I 284[ I 2B4A I -lID38 s ! \i 9 0 iii ~ 2B4D 19 13 12 17 16 .. ~ 18 lll:: ~, IS 14 ~~I :'i'1 I "II ~? 22 2J 24 2S 26 21 2 20 276A OWNER: CHARLES C. HINDS 2760 2768 277A-2 EXHIBIT "B" 5~ '--- :? 276C .. M s PROJECT NO.: 86-4302 'u ,,, FlOl CHANNEL IMPROVEMENTS ftI!~ !II':' l!l 2778 =~ nj :i S * \i ~ .., ~ i!~ :