Parcels 7 and 12- The appraised value is $129,155. The owner's counter offer is $918,844, and there is no likelihood of a negotiated settlement

Transcription

1 AIR AGENDA REQUEST BUSINESS OF THE CITY COUNCIL CITY OF PEARLAND, TEXAS AGENDA OF: Regular Meeting - Jan. 8, 2018 DATE SUBMITTED: 18 Dec 2017 DEPT. OF ORIGIN: Legal Department PREPARED BY: Darrin Coker SUBJECT: Consideration and Possible Action Resolution No. R A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire fee simple title to certain property associated with public improvements in the Lower Kirby vicinity; all of that acres of land, In the James Hamilton survey, A-881, Harris County, Texas, which Is all of a 43,560 square foot tract described In the deed from Laura B. Klein to Christopher S. Klein, recorded under File No , in the Official Public Records of Real Property, Harris County, Texas, out of Lot 3, of the JAMES HAMILTON SURVEY, a subdivision of record In Volume 83, Page 342 of the Deed Records of Harris County, Texas for the construction and maintenance of public facilities, park improvements, water, sewer, drainage and 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. ATTACHMENTS: LK Parcel 6 Exhibits A and B Vicinity Maps Condemnation Resolution Parcel 6.2 FUNDING: Grant Developer/Other Cash G.O. Bonds To Be Sold G.O. Bonds - Sold Rev. Bonds to Be Sold Rev. Bonds - Sold C.O.'s To Be Sold C.O.'s - Sold. EXECUTIVE SUMMARY BACKGROUND Page 1 of 10

2 As Council is aware the City has been in the process of negotiating the purchase of several tracts in the Lower Kirby District for the purpose of constructing public improvements in the form of roadways, water, sewer, drainage, parks and/or public facilities. In November 2016 the City initiated negotiations with the property owners and in March 2017 Council directed staff to continue negotiations. If you recall, one of the priorities of the Pearland 20/20 Community Strategic Plan is to develop a multi-use events center. Staff identified this site in the Lower Kirby District that is currently inaccessible and has fragmented ownership with many narrow parcels that don t meet minimum lot size requirements. The site is highly unlikely to be assembled privately due to its current lack of road access, fragmented ownership and undevelopable lot sizes. For these reasons the site represents a good option to publicly assemble property for a potential public facility and for the ongoing development of the Lower Kirby regional detention and park system with accompanying water/sewer and drainage infrastructure. At this point the City has successfully negotiated the acquisition of approximately 50% of the parcels, so the remainder are being acquired through the eminent domain process. The Council previously authorized eminent domain proceedings on 5 parcels and these are the final 2 parcels that will require such proceedings. The first step in filing an eminent domain petition is for the Council to pass a resolution declaring a public necessity for the acquisition. There are 2 parcels on the January 8th agenda that will authorize proceeding with acquisition of the property by eminent domain. The negotiation summary for the properties is as follows: Parcel 6- The appraised value is $15,695. The owner has refused to submit a counteroffer at the advice of his attorney who has instructed him to wait until it is condemned. Parcels 7 and 12- The appraised value is $129,155. The owner's counter offer is $918,844, and there is no likelihood of a negotiated settlement Note: Pursuant to state law the entire caption of each resolution must be read aloud at the Council meeting. Page 2 of 10

3 EXHIB T u _A Aulllal16 ZUIB Job No METES ANDBOUNDS DESCRIPIION OF 1.201ACRES INTHE JAMES HAMILTONSURVEY, A-BM HARRISCOUNTYṬEXAS NI mun 1.201acres ovlnrvd,1rvtvve Jams: HamiltonSuvvey.A-581, HamsCounty. Texas, whichis all ova 43,560 square faollvncl dascvlhad vnthe am [ram mm a. Kvalnto Chrtsbphavs Klcln,recorded under sueno zovzunasssa,in [he ovnaiuvpu u. Rccovds of Real Pmpevly.v-vams County, Texu, out we Ln! 3, uf the JAMESHAMLTONSURVEY, u avubdvvlslon ovucovd In Volume as.page :42 avmadeed Records av Han}: cnunzy,mm and mm panlculany dncrvhad by mm mmbound: :5 la?ows (Bearings based on Texas Cncn?nata System, Somh Cavllvsllolvs, mnaa, vseaad}us man ) v ssevvsmvua al a 5/ - mmmuwmvcap stamped "LJA-ENG" lound rmmesuulheasl comer of sald 43,560 saunrnlnoiil:m1,5ommonlo an angle éonm «RESTRICTED RESERVE -5", THEPROMENADEsv-msAT THESPECTRUM, n sumivvsscmmama n-mmnvmcode Na, a1o2u1. InmeMap Records of HavnsCounty. Texas, comvvvnnto an angle comuvof lha acm not described In Inn and from sauvh Flenw.Iy-?aming 5 Limited P-nvtvzershipand Saulh Fvenway-Behlivnaa :2 LimitedPannmmp cu Panllsnd Lvvasnyv. CentaurḶ.P recorded under are No, va2se77. m we own: Fubho Rncnrds avreal Pvapnrty, of Hams Caunly. Texas; THENCESoulh67 35' 25 Wuk IlovvnlhevwnhHM 0 snld RESTRWCTEDRESERVE'5', common to Ihe soulh line orsaid 43,550sqcmvaloo! tract.io : 5/3' lmlvand found I01masaumwnst comer avmusaid um Inset.in Ihe easl line01live mm Ivan!dasanbud as me: 1.In medead lruvvvlnr clear Cruk Spidvum Limnut Pnrtnusnlp lo spactmm 86 Partners...P., veoovdedurmarfun No , in the mvtclavpubic Records avraal Fmperly. orharris County. Texas.zammonto memost wesnertynon-yvwes! c'omerovsald RESTRICTEDRESERVE B,and memost wesrenyrvunhweslcomer avsald : mm mm mg out lineof LOT41, oflhe ALLISONRICHEVGULF COAST HOMES SUEUREAN SUBDIVISION, a subdlwslon mcovdad under Volume 3. Fags 40. nl the Manawards avharris county, Texas, and ma convmlvnaavkmlis Run (4u' ROW) tunlmpvovermalm known:3 mm:sum) 1: vecotdld Inaid ALLISON RICHEYGULFCOASTHOMESSUBURBAN SUEDDVISKDN: Pngs 1 on zwn s-ummvavy MPcn!-ua\Lwvcr my vvwunl-msszowzavomm nanny: mu mmw»vcel1t1.1uvacaes LEGALNu sm «.3: Page D-I Page 3 of 10

4 July Jab Nu IHENCE North 02' 24 10' Wm 7920 (cnllnd ),slang wast Ilneovram43,560 square Ina! Iran! commonnoin. wan rm 1:!said Lu! 3 armthe can {Inc or Inn sald am am, meeast me :21LOT -11 and said cenlelllno, la 5/Nnch Ivanrodwithup slampld LJAENG IE! lavihunanhwosl tower descrlhad Incl. cnmmonioinc rwrliwiu(co1nelo1tlld of?le Ilenln 43,560 new Iml, «Ira rurrtlreasecarner orask: LOT41. and mesnuliveasl corner or LOT 411K or said ALLISONRICHEV GULF COAST HOMFS SUBURBAN SUBDIVISION: mane: Nam 37' :9 2a East ạtung merramr line of sald 4a,sso sqitamvnuit1am,i>ommnn!uma soullr umuf the of Inn 4.93: acre rm, described In the dud Item HugginsA. Lnrunce to Susie M. Lnlance umavdedunder mef?e Tam, No. zou9o31oes5, In meomalal Pubnc Record: at Real Propertyof Narris Caurrly, In sis-inch Iran rodwmrcansrampm LIAENG seh'nhl1e normeasi comer of mammmdnacllhod Iracr In the was( Hnearms I ar:1e var: dascri md In medead mmrrunard 5. Mayor. manpanaomexrrculorof Lhe Eslale orhaadrar D, Mnyvr to Richnrd a. Mayorrecorded under File No In the Ol?cial Pm : Rncrmi:orRul Propeny, Harriscomuy,Texas; YHENCEsuuur02' 24 12" East ',nIurrg In: em urra nf and 43,560 square (on! um, nammorl ta Ina west lineorsum1 acre IracI, In a 5/Iwrrcrr Iron rud wmrcap slaulped "LJA ENG" IuurrdIorme suumweslcorrrar avsaid 1 acre «my cumman n lha mns rrurtharlynnrihwesx come! at alorosald am tract, and the runs! nnllharly northwestcorner ofalomslkl RESTRICTEDRESERVE "B": THENCE sum 02' 15 05' East alung Iha aasl vimof mid square fool Irm, cemrrrorrnoa weallne at said new trackand muwast Unaor«Id RESTRICTEDRESERVE B to wepoint or BEGINNINGcumhmlrr ducribed tint and norrtnlrrrrrg1 201 acres at Inna Page 2 or 2 1 Vin Mllusmmyw PnrIura\LowN my PM-mmriszols-zmn sum: usrmra Fun Na(u\PA?CE.1H.2v1ACl1ES LELMLNo am 49.: Page D-2 Page 4 of 10

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9 RESOLUTION NO A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire fee simple title to certain property associated with public improvements in the Lower Kirby vicinity; all of that acres of land, In the James Hamilton survey, A-881, Harris County, Texas, which Is all of a 43,560 square foot tract described In the deed from Laura B. Klein to Christopher S. Klein, recorded under File No , in the Official Public Records of Real Property, Harris County, Texas, out of Lot 3, of the JAMES HAMILTON SURVEY, a subdivision of record In Volume 83, Page 342 of the Deed Records of Harris County, Texas for the construction and maintenance of public facilities, park improvements, water, sewer, drainage and 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 water, sewer, drainage, parks, road and facility 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 title 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 water, sewer, drainage, parks, road and facility improvements on certain real property located in Harris County, Texas. Section 2. The public convenience and necessity requires 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. Page 9 of 10

10 RESOLUTION NO PASSED and APPROVED on this the day of, A.D., ATTEST: TOM REID MAYOR YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 Page 10 of 10