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Home My WebLink AboutR-1988-08 ~ . . RESOLUTION NO. 88-J[ A RESOLUTION FINDING THE PUBLIC NECESSITY FOR THE ACQUISITION OF CERTAIN PROPERTY FOR SANITARY LANDFILL PURPOSES~ AUTHORIZING THE CITY ATTORNEY OF THE CITY OF LA PORTE TO ACQUIRE SAID PROPERTY BY NEGOTIATION WITH THE OWNERS THEREOF, OR BY PROCEEDINGS IN EMINENT DOMAIN. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: WHEREAS, the City Council of the City of La Porte has found and determined that public necessity requires the location, construc- tion, operation and maintenance of sanitary landfill and resource recovery facilities on the hereinafter described real property, in the City of La Porte, Barris County, Texas~ and WHEREAS, the City Council of the City of La Porte has found and determined that the fee simple title in and to the hereinafter described real property is suitable and needed for such purpose, and that it is necessary to acquire same for the construction of such sanitary landfill and resource recovery facilities, as aforesaid~ and WHEREAS, the City Council of the City of La Porte deems it advisable to authorize, and does hereby authorize Knox W. ASkins, its City Attorney, to represent it in the acquisition of the hereinafter described property: Section l. That the said Knox W. Askins, as City Attorney for the City of La Porte, 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 the fee simple title thereto, at the fair market value for same, and, should said legal counsel, as duly authorized representative of the City of La Porte, be unable to agree with such owners as to the fair market value of such fee simple title, then, and in that event, said City Attorney for the City of La Porte be, and he is hereby, authorized and directed to file against all owners and lienholders, proceedings in eminent domain to acquire the fee simple title to the hereinafter described real property, for sanitary landfill and resource recovery purposes, to wit: That certain 80.972 acre tract, being part of a 203.713 acre tract, in the George B. McKinstry League, A-47, Harris County, Texas, being more particularly described by metes and bounds on Exhibit nAn attached hereto, and incorporated by reference herein. . . RESOLUTION NO. 88-Jt, Page 2 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 City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated~ 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. PASSED AND APPROVED this the 25th day of April, 1988. CITY OF LA PORTE BY~a~4"~ ATTEST: ~~ Cherie Black, City Secretary APPROVED: Knox W. Askins, City Attorney \ ... I. . tl\i:a3 Arm DOlJtW:3 m!:nCHIPTJOn _ .,- 60.972 ACRE TRACT . BEING PART OF A 203.713 ACRE TRACT GEORGE McKINSTRY LEAGUE, A-47 HARRIS COUNTY, TEXAS . Being an 80.972 acre tract of land out of a 203.713 acre t~act, in the George B. McKinstry League. A-47. Harris County, Texas. The 60.972 acre tract of land as surveyed by H. Carlos Smith. Engineers & Surveyors. Inc., in August, 1987, is more particularly described by metes and bounds as follows: Beginning at a 5/6 inch iron rod set (October 1964) for the Northwest corner of the 80.972 acre tract and the aforesaid 203.713 acre tract as recorded in Volume 8035. Page 51. Harris County Deed Records; said corner being coincident with the East right-of-way line of Bay Area Boulevard (based on a width of 150.00 feet) as recorded in Volume 7235. Page 135, Harris County Deed Records. Thence, North 87.degrees 25 minutes 50 seconds East (Call North 87 degrees 26 minutes 12 seconds East); coincident with the , North boundary line of the aforesaid 203.713 acre tract and the South boundary line of a 50 feet wide Southern Pacific Transportation Company Railroad right-of-way as recorded under i Harris County Film Code Number 161-23-1104; passing at 415.14 ; feet (Call 415.04 feet) a 5/8 inch iron rod with bronze cap ~ numbered 2395 marking the West right-of-way line of a 40 feet wide pipeline easement as described in Volume 6835, Page 616 and . Volume 3135. Page 261. Harris County Deed Records; passing at .464.89 feet (Call 464.82 feet) a 5/8 inch iron rod with bronze , cap numbered 2394 and found 0.09 feet North. marking the East : right-of-way line of aforesaid 40 feet wide pipeline easement; passing at 906.83 feet (Call 906.70 feet) a 5/8 inch iron rod : with bronze cap numbered 2393 marking the West line of an i abandoned pipeline easement corridor as described in Volume 8385. ; Page 163; Volume 8017. Page 194; Volume 8449, Page 251; Volume I 8449, Page 225, Harris County Deed Records; passing at 978.67. I feet (Call 978.54 feet) the East line of aforementioned abandoned , pipeline easement corridor; for a total distance of 2058.62 feet , (Call 2058.24 feet) to a 5/8 inch iron rod with bronze cap I . I numbered 2382; said point being the Northeast corner of the I 80.972 acre tract and the 203.713 acre tract. " Thence. South 3 degrees 02 minutes 25 seconds East (Call : South 3 degrees 01 minute 51 seconds East); coincident with the 'East boundary line of the aforesaid 203.713 acre. tract and the West right-of-way line of'Harris County Flood Control Easement designed as "Tract 2.' and recorded in Volume 8260. Page 124, Harris County Deed Records; passing at a distance of 1668.89 feet to a 5/8 inch iron rod set for the Southeast corner of the original 80.00 acre tract; for a total distance of 1688.89 feet to a 5/8 ,inch iron rod set (August 1987) for the Southeast corner of this 80.972 acre tract. Thence, South 87 degrees 25 minutes 50 seconds West; passing at 1089.45 feet the East line of aforementioned abandoned pipeline easement corridor; passing at 1163.94 feet the West line of aforementioned abandoned pipeline easement corridor; for a total distance of 2118.40 feet to a 5/8 inch iron rod set (August 1987) for the Southwest corner of the 80.972 acre tract. Thence. North 1 degree 00 minutes 45 seconds West; coincident with the West boundary line of the aforesaid 203.713 acre tract and the East right-of-way' line of Bay Area Boulevard; . passing at 20.01 feet a 5/8 inch iron rod set (October 1984) for the Southwest corner of the original 80.00 acre tract; passing at 1396.39 feet (Call 1396.27 feet) a 5/8 inch iron rod with bronze cap numbered 2397 and found 0.16 feet West; said point marking the South right-o~-way line of aforementioned 40 feet wide I pipeline easement; passing at 1464.72 feet (Call 1464.54 feet) a 5/8 inch iron rod with bronze cap numbered 2399 marking the North right-of-way line of a pipeline easement as described in Volume 8017. Page 190, Harris.County Deed Records; for a totaL.distance It.. t ..~ of 1689.46 feet to the POINT OF BEGINNING. ,"-:,.~r~. !1 (f':~.,. , :1"- .... ..........1: I.'~ . ic..' ... "\ .',.'...f' '~ .I ...... ,;:.....:. ..........,1 'i..'. . " .IIO , ."" , .': I~,I ":. ';. ...,." . I......."...... . .., :. J~"F" f ":,~r",:....." t\ I....) . ["~I\ .. JAI1ES F. BECK '.:'I~:I.C'..: ...,.............:.; TEXAS REGISTERED PUBLIC SURVEYOR NO. 2021 ,.'.. ^ .,,:!\ ..:. .f DATE: ^ f.IG II ST 17. 1987 '::" :'.. ;.; ,..-:::",...~:- ,lnr. tin t"l11()..f\7 :".,";' .,i EXHIBIT "A"