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R-2016-194 2016-10-24RESOLUTION NO. 2016-194 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 for the Hughes Ranch Road Improvement Project; being a 0.091 of one acre (3,983 square feet) parcel of land located in the H.T.& B. R.R. Co. Survey, Abstract No. 506, Brazoria County, Texas and being situated in Lot 7, Block 20 of the ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVSION, a subdivision per plat or map recorded in Volume 2, Pages 23 — 24, Brazoria County Map Records (B.C.M.R.), said of one acre parcel being out of and a part of a 4.860 acre residue of a tract described as 4.999 acres in a conveyance to CUBE HHF LIMITED PARTNERSH!P recorded under Brazoria County Clerk's File (B.C.C.F.) No. 2013059206, for the construction and maintenance of water, sewer, drainage and road improvements (Hughes Ranch Road Project; CR 94 to FM 865) 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 and road 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 and road improvements on certain real property located in Brazoria 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 Brazoria County, more particularly described in Exhibits "A" and "B", attached hereto and incorporated herein for all purposes. RESOLUTION NO. 2016-194 Section 3. The City Attomey, 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. PASSED and APPROVED on this the 24th day of October, A.D., 2016. ATTEST: AP OVED AS TO FORM: DARRIN M. 091.-. ER CITY ATTORNEY ``` G 1111 dA,_'''' =0 'Ili 1111 \ONNN 2 TOM REID MAYOR 1EXHIBIT 1 County: Brazoria Roadway: County Road 403 (Hughes Ranch Road) Limits: SH 288 to FM 865 (Cullen Blvd.) Property Description For Parcel 13 C Resolution R2016-194 Parcel 13 Revised: July 13, 2015 Page 1 of 2 Being a 0.091 of one acre (3,983 square feet) parcel of land located in the H.T.& B. R.R. Co. Survey, Abstract No. 506, Brazoria County, Texas and being situated in Lot 7, Block 20 of the ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVSION, a subdivision per plat or map recorded in Volume 2, Pages 23 — 24, Brazoria County Map Records (B.C.M.R.), said 0.091 of one acre parcel being out of and a part of a 4.860 acre residue of a tract described as 4.999 acres in a conveyance to CUBE HHF LIMITED PARTNERSHIP recorded under Brazoria County Clerk's File (B.C.C.F.) No. 2013059204 and dated December 10, 2013 and being more particularly described by metes and bounds as follows: COMMENCING at a point on the North line of Lot 6 of said Block 20 for the Northwest corner of a tract described as 5.0000 acres in a conveyance to Hope Associate Reformed Presbyterian Church recorded under B.C.C.F. No. 2007070919 and dated December 20, 2007, same being the Northeast corner of said 4.999 acre tract from which a 1/2 inch iron rod with cap bears North 87° 18' 23" East, 7.03 feet, thence as follows: South 03° 01' 37" East, along and with the West line of said 5.0000 acre tract, same being the East line of said 4.999 acre tract, at a distance of 979.08 feet pass a 5/8 inch iron rod stamped "Brown & Gay" set marking an angle point in the proposed North right-of-way line of County Road No. 403, also known as Hughes Ranch Road (120 feet width), continuing for a total distance of 999.08 feet to a 5/8 inch iron rod stamped "Brown & Gay" set marking an angle point in the proposed North right-of-way line of said County Road No. 403 (100 feet width), same being the Northeast corner and POINT OF BEGINNING of the herein described parcel and having surface coordinates of X=3,125,591.07, Y=13,774,753.33; 1. THENCE, South 03° 01' 37" East, continuing along and with the West line of said 5.0000 acre tract, same being the East line of said 4.999 acre tract, a distance of 19.79 feet to a 1/2 inch iron rod found in the existing right-of-way of said County Road No. 403 marking the Southeast corner of the herein described parcel and being located North 03° 01' 37" West, 30.00 feet north of the Southwest corner of said 5.0000 acre tract, same being the Southeast corner of said 4.999 acre tract; Parcel 13 Revised: July 13, 2015 Page 2of2 THENCE, South 87° 18' 23" West, along and with the existing North right-of-way of said County Road No. 403, a distance of 202.12 (called 207.82) feet to a point in the East line of Lot 41, Block 1 of the ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVSION, a subdivision per plat or map recorded in Volume 2, Page 107, B.C.M.R, same being the common West line of said Lot 7 and said 4.999 acre tract for the Southwest comer of the herein described tract from which a 5/8 inch iron rod with South Texas Surveying cap bears South 730 00' 52" East, 0.66 feet; 3. THENCE, North 02° 57' 21" West, along and with the East line of said Lot 41, same being the common West line of said Lot 7 and said 4.999 acre tract, a distance of 19.62 feet to a 5/8 inch iron rod stamped `Brown & Gay" set in the proposed North right-of- way line of said County Road No. 403 marking the Northwest corner of the herein described parcel; 4. THENCE, North 87° 15' 33" East, along and with the proposed North right-of-way line of said County Road No. 403, a distance of 202.09 feet to the POINT OF BEGINNING and containing 0.091 of one acre (3,983 square feet) of land. In addition to the aforedescribed 0.091 of one acre tract is the most Southerly portion of said 4.999 acre tract lying within the right-of-way of County Road 403 and being 0.139 of one acre of land for an aggregate total of 0.230 of one acre (10,047 square feet) of land. All bearings are grid and are based on the Texas Coordinate System, South Central Zone, (NAD '83, '93 Adj.). All coordinates and distances are surface and may be converted to grid by multiplying by a scale factor of 0.99987330. Compiled by: .%ti a� 1.g.{;,•;q1:. YO Brown & Gay Engineers, Inc. .?;';,fir T E f; Q ei. 10777 Westheimer, Suite 400 ttt + i*-- r& .. Houston, Texas 77042 �1K" G dt i. ti�.F''� �~ (281) 558-8700 -----:'..:C:"" R146� TBPLS Licensed Surveying Finn No. 10106500 '\., •-°r,� s sx{ NOTES: A survey plat of even date has been prepared in conjunction with this property description. A.C. A.P.L. B. B.C. D.C.C.F. 8.F. 8LOC. B P. C.L.F. C.Q. 0.s. E.C.R. E.M P. FND. C.C.B. G.P. N0. PED. PG. P.0.0. P.O.C. P.P. R.O.W. S.H. SO. FT. S.S. TEL TRANS. VOL. w.B.O.v. W.I.F. ■ • 0 L[GEND AIR CONDITIONER ABOVE GROUND PIPELINE BOLLARD BRICK COLUMN BRAZORIA COUNTY CLERK'S FILE BOARD FENCE BUILDING BRICK PAVERS CHAIN LINK FENCE CLEAN OUT DOWN SPOUT ELECTRIC CONDUIT RISER ELECTRIC METER POLE FOUND GATE CONTROL BOX GATE POST IRON NUMBER PEDESTAL PAGE POINT OF BEGINNING POINT OF COMMENCING POWER POLE RIGHT—OF—WAY SPRINKLER HEAD SQUARE FEET STOP SIGN TELEPHONE TRANSFORMER VOLUME WATER BLOW—OFF VALVE WROUGHT IRON FENCE SET 5/8 INCH IRON ROD WITH CAP STAMPED BROWN & GAY EXISTING MONUMENT AS NOTED FOUND (AS IND%CATED) EXISTING R.O.W. UNE PROPOSED R.O.W. UNE GENERAL NOTES 1 BEARING ORIENTATION IS BASED ON THE TEXAS COORDINATE SYSTEM, SOWN CENTRAL ZONE 4204, NAD -83, 1993 ADJ.. AND WAS ESTABLISHED 9Y GPS OBSERVATIONS ALL COORDINATES SHOIWV ARE SURFACE ANO MAY BE CONVERTED TO GRID BY MULTIPLYING SURFACE COORDINATES BY THE FOLLOWING COMBINED SCALE FACTOR. 0.99987330. 2 A SEPARATE METES AND BOUNDS DESCRIPTION OF EVEN DATE WAS PREPARED BY THE UNDERSIGNED IN CONJUNCTION WITH THIS SURVEY PLAT AND ISSUED AS A SEPARATE INSTRUMENT. H.T.& B. R.R. CO. SURVEY. A-506 I1PAHARZ IEA , I O r01WNI 'AmSIbU[ (LOT p1OM� OWNER Inn OF CONv I 13 4.992 AG 0139 AC. 4.860 AC. CUBE NNE. UNITED PMTNERSNM I hereby certify that this plot Is based on o survey mode on the ground under my supervision and lo my knowledge 1s true and correct and substantially complies with the minimum standards and specification of the rules estoblished by the Texas Boord of Professional Land Surveying. GLENN FISHER RPLS NO. 4146 BROWN & GAY ENGINEERS. INC. 10777 WESTHEIMER, SUITE 400 HOUSTON. TEXAS 77042 TELEPHONE: (281) 558-8700 nw CCOE T SF AC 10. 7 SF 0.230 AC MUMMER LFF7 I 11107 4.769 AC. N/A REVISIONS: 07/13/15 — REVISED ACREAGE TABLE 05/04/15 — ADO ACREAGE TABLE dr GlY COUI1ENTS 04/15/15 — UPOATEO TOPO 1 T? VI•M M. .4c c 10777 I•Gar StY. 51/4 4a>. ill T1(TAW Ji 747 ai.e .. 7o0 • wwr.Mw !avian T1TPL4 Monett 9F11 M. '0101010 PARCEL PLAT PARCEL 13 C.R. 403 (HUGHES RANCH ROAD) H.T.& B. R.R. CO. SURVEY, A-506 CITY OF PEARLAND BRAZORIA COUNTY, TEXAS Scat/: Jn0 Ne.•Dote• 644NA 1"=50' 13053-00 1Ik 02/2015 1 1 OF 2 H.T.& 8. R.R. CO. SURVEY A-506 PP.O.C.•-� =NO V2 i ROSE I' BEARS N8.7782.3-£. 7OJ' I .n SIA OFF 40:0' Poll SC2 el • 1 173134.09 ,fin. ,-U 50.00' LT. \, o-. B- R.0.W. 1✓ CUBE HHF. UNITED PARTNERSHIP - CALLED 4 999 ACRES H C.C.F. NO 2013059206 DECEMBER l0. 2013 1 0 J H EC'rY utcG PARCEL 13 {,'O•B. ! PARCEL 13 0.091 AC./ 3,983 S0. FT. X-3,125.591.07 1 I� A 13.774.753, 33 u,� 1x7, •� . p^}�� I i PWAVUL. c INhYMFL: 4'tFC.4iJ LOT '1, BLOCKE UL p O A,S HOMECOQ 23`2460011 0 H� 2, PG' voL. HOPE ASSOCIATE REFORMED PRESBYTERIAN CHURCH CALLED 5.0000 ACRES B.C.C.F. NO. 2007070919 DECEMBER 20. 2007 aa r N i C1 1G '+ ax.F• --- ND. 1/_2ROD PT 172+05� . 'E45jN 1F. A,4,4, -,2,t.'' (CALLED 2007..82') "a I -__- m r ,� C.OliNTY RJ #Art Nn 1_nq ,�,_� �. 4 r 1 N 8715'33' Ej�• -i►�� 1: /' 1 rp! ppy-�T-7••-EXISTING R.O.W. ¶'1 ji Al � D -1 I PROPOSED R.O.W. 0 §s iti 50 LINE TABLE NUMBER BEARING L1 S 03'01'37' E. DISTANCE 19.79' L2 N 02'57'21" W L3 N 03'01'37" w 19.62' 30.00' REl90NS: 07/13/15 — REVISED ACREAGE TABLE 05/04/15 — ADD ACREAGE TABLE & CITY C0►W.ENTS 04/15/15 — UPDAIEO TOPO Worm Ontor...n..1a loinntin.enr,Sae 400.IIm,U I,TX77042 Tel 2/14514100 • rombra+vno.Y.aan T8Pl8 lleansed Sorri Fnn No. 1010/500 PARet PLAT PARCEL 13 C.R. 403 (HUGHES RANCH ROAD) H.T.& 8. R.R. CO. SURVEY, A-506 CITY OF PEARLAND BRAZORIA COUNTY, TEXAS Sc W. Jeb No.'Ooto. 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