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R2018-023 2018-01-22RESOLUTION NO. 2018-23 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 FM 518 Turn Lane Project (FM 518 at SH 288); being a 0.0351 acre (1,530 square feet) parcel of land, out of the John M. Maxey Survey Abstract Number 675, Brazoria County, Texas and being out of that certain called 1.1810 acre tract conveyed to JP Morgan Chase Bank from That The Crossing At 288 Shopping Center, Ltd. by deed executed June 16, 2003 recorded under Brazoria County Clerk's File Number 03 037078 of the Official Public Records of Brazoria County, Texas, for the construction and maintenance of 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 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 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 Exhibit "A", 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 Exhibit "A", either by donation, purchase or the exercise of the power of eminent domain. PASSED and APPROVED on this the 22nd day of January, A.D., 2018. RESOLUTION NO. 2018-23 ATTEST: f /4 UNGFFING, RM PTY SECRETARY APPP3OVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 • TOM REID MAYOR City of Pearland Resolution No. R2018-23 Exhibit "A" June 23, 2017 January, 2017 Parcel 02 Page 1 of 4 Pages EXHIBIT A County: Brazorio I lighway: 0.Iv(. 518 Project! Limits: Broadway St. (P.M. 518) from S.H. 288 to Smith Ranch Rd. (C.R. 94) Property Description for Parcel 02 Being a 0.0351 acre (1,530 square Ice -Opal -col of l and, our of the John M. Maxey Survey Abstract Number 675, Bra2oda County, Texas and Wing out of that certain called 1.1810 acre trace convoyed to JPMorgan Chase Bank from That The Crossing At 288 Stropping Center, l.ld. by decd cxccutsd Juno 16, 2003 recorded under Biaxoda County Clerk's File Number 03 037078 of the Official Public Records of Brazait County, Toa (O,RR,R.C:.), said 0.0351 achh percol being more particularly described as follows: COMMENCING ata cut "X' in cancrare found in the east line of Unrestricted Reserve 'K" of Tho Crossing Ai 288, a plat of record datcd October 27, 2009, recorded under Document Number 2009047929 of' the Official Public Records of Brazoria County, 'texas (O.P.R.B.C.) at lite northwast comcr of said 1.1810 acre tract; TTIENCE South 03°15'04" East, a distance of 273.73 feel, along the east line of said Unrestricted Reserve "K" and along Ilse west lino of said 1.1810 acre tract, to a 518 -inch iron rod with TxDOT aluminum cap wt in the proposed north right-of-way fine of F.M. 518 (width varies) for the northwest comer and POINT OF BEGINNING of the heroin described parcel having Coordinates of N=13,769,310.67 and E=5,1I7,964.I2;" 1) TIfiNC'lJ North 86°46'39" East, a distance of 162.86 fent, over and across said called 1.310 -acre tract and along the proposed natal right -el -way line el H.M. 518 (width varies) to a 518 -inch icon rod with a TxDOT aluminum cap set in the cut back line al the intcrscetion of the west right-of-way line of Smith Ranch Road (County Road 94, a 100 foot wide Right -of -Way) and the north right-of-way tine of said FM 518 for the northeast corner of the herein described parcel;** 2) THENCE South 41°44'56" West, a disianec of 13.86 feet, along the southeast line of said 1.1610 acre tract and along said cut back line to a point for comcr in the existing north right•of•way line of said F.M, 518 for the southeast comer of lite herein described parcel; 3) TTIENCE South 86"41'56" Wesl, a dislauce of 88.04 feet. along a south line of said 1.1810 acre tract and along the existing north right-of-way line of said F.M. 518 to an angle- point ofthc herein described parcel; 4) THENCE Souter 87°25'15" West, a distance of 65.02 feet, along a south Zine of said 1.1810 acre tract and along the existing north right-of-way line of said F,Ivi. 518 to a point at the southeast corner of said Unresnietcd Reserve "K", the southwest corner of said 1.1810•acro tract and for the southwest corner of the herein described parcel; JLL Valuation & Advisory Services City of Pearland June 23, 2017 January. 2017 Paree102 Page 2 of 4 Pages EXHIBIT 5) THENCE North 03°15'04" Nest. a distance of 9.12 feet, along Bic cast line of said Unrestricted Reserve "K" and along the west lint of said 1.1810 acre tract to the POINT OF BEGINNING and containing 0.0351 acre (1,530 square feel) parcel of land. NOTE: All bearings are hnscd on the Texas coordinate system. NAI) 83 (1993 Adj.), South Central Zone. All coordinates shown are surface and may be converted to grid by Dividing by the TxDOT combined adjustment factor of 1.00013. 41 The monument described and sct in this call may be replaced with a TxDOT 'type I1 Right of Way marker upon completion of the highway construction project under the supervision of a Registered Professional Land Surveyor, either employed et retained by "1'xDOi: Access will he permitted le the remainder property abutting the highway facility, NOTE: Aparcel plat of even date wnt prepared in conjunction with this property description. Compiled by: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, 'fens 77084 (261)579.7300 TBPLS Rog. No. 100518-00 TBPF. Reg. No.: F-68 Job No. GA706 (1602-006) January, 2017 JLL Valuation & Advisory Services s&)J&g,flosiApy uoilenleJ 77 POC PARCEL 01 FND. CUT "X" IN CONC. PDB PARCEL D1 NOTES - 1 )HN M. NR 67i) BROADWAY ST. (FAA. 518) 1. THE BASIS CF BEARINGS THE TEXAS COORCINATE SYSTEMSOJTH CENTRA: ZONE 4204 CIAO 83 1933 A.01.)THF .10!`JR]INATES SHf1J1N HEREON ARE SURFACE AND MAY BE CONVERTEJ TO GRID BY 0:1/IOI1G EY THE TXDOT COMBINED .ACJUSTMENT FACTOR OF 1.0001.3. 2. SURVEYOR HAS MASE NC INVESTIGATION OR INCEFEN)ENT SEARCH =OR EASEMENTS ENCUMBRANCES CR ANY OTHER FACIS 1 -IA. A.N ACCURAYE MD C1J REN1 TITLE SEARCH MAY DISCLOSE. 3. AL CORNERS LAQELED ''SET" ARE SET W1 RON ROC 'MTH CAP STAMPED 'WEISSER ENG. HOUSTON, TX." UNLESS OTHERWISE NOTED. 4. SEE _EXHIBIT "A' FOR WRITTEN DESCRIPTION OF HEREIN DESCRED PARCE_. N.T.S. CONVENTIONAL SIGNS: EXISTING RIGHT-OF-WAY LINE ACCESS DENIAL LINE PROPOSED RIGH--OF-WAY LINE PROPERTY LINE SURVEY LINE DENOTES PARCEL Nc. DENOTES BEARING 110 DIS (ANCE FCTE No. 03 SET %H.R. WI T xDOT ALUM. CAP (SEE NOTE 2) • «• SET %"!.R. W/TxDOT ALUM. CAP (STAMPED "AD_") ■ ADL FOUND WI.R. W/Tx60- ALUM. CAP SET (AS ;N IOATED) • FOUND CAS INDICATED: O LEGEND: DOC. NO. C.F. NG. FC.NC. 0.P.R.B.0 B.C.P. R. gBg.C.DCC.R. WALTER P. SASS SHEET 3 OF 4 -OCCUMEN- NUMBER =CLERK'S FI_E NJ) ER -FILM CODE NUMBER •OFFICIAL '1./ELIC RECORDS OF BRA2CRA COUNTY -BRAZORIA COUNTY PLAT RECORDS •BRAZORIA COUNTY DEED .RECORDS -BRAZORIA COUNTY COURT RECORDS -RRAZORIA COUNTY DISTRICT COURT RECORDS EXSTING TAKING AC/SF 1.11310 0.0351 AC L533 SF REMA)ING 1.1459 LT. 195Q0 Po k Raw Site IOC EIg arkigC0. t2CHausio7 Teal: Dn, -.�iU84 49 T3PLS Finn Rea No_100518 000 PARCEL PLAT SHOVING PARCEL 02 BROACWA.Y ted 5181, BRAZORL4 COUNTY, TEXAS DATE- 01/2017 (SCALE- N S. JOB No.; GA706 PGS: No.= DWG. No.: P2-01 JLL Valuation & Advisory Services pue ead }o /)J 20' FARKING — SETBACK, -_INF `- +DL. 2, 'C. Se B.C..'` IE ew_c -- - C.F.I 0. C2 021455 15' BLDG. L,.JE—� Mi B.C.P.P.. csJPMORGAN CHASE BANK w CALLED 1.18'.0 AC. -0- C.F NO. 03 037078 o O.P.R.E.C. ,-00' BLDG. LINE M7 / V'L. 2, PG. 59 p i B.C.P.R. • P;p-.a,0 5 LSN:JC^PE url_- sETBA E LINE v4-_ ?. p3. 59 ; e r- -N 86° 46'39" E-162:86' SCALE .0 FEET P.O.C. PARCEL P02 PND. CUT "x" IN CONC. UNRESTRIC-ED RESERVE "K"` CALLED 1.1565 AC. THE CROSSING AT 288 DOC. NO. 2009047929 0.P_R-B-C- P.O.B. PARCEL PO2 N-13,769,310.672 E- 3,117,9$4.12 N 03° 15'04" W-9.12 :NCH 20 50 10 FEE Q ‹.--. 0.1- :Cc)) - (J Et 3 <?- o CO � S 87' 25'15" W-65.02'('8 86' 44'56" W-88.04' 1o"rsr S 41° 44'56" W-13.56` DOC. 40.2008C»7925 .'_P. R.B.L BROADWAY SI. (F_M. 518) '0J, 'r. "4?i(T1 SHEET 4 OF' ¢ J@5J0 -VI. '.c,+5bite 100 1tiETSSER 'kvs:orr, Texas?7D89 EnsirteeringCAL (.B1) 579 - 730C TEPLS -irr- Teo No. Vr.18.00 PARCEL PLAT SHOWING PARCEL 62 dN0A,L A" 1FM 5187, BRAZQRIA C,iUNT i. -LX4v UA.E:01;201' ISC.LE-'.'•• 50• JJOB Nc. CODE P,CSJ No.: 10WC. ^.o_ GA706-P2-02 pue ead }o /)J City of Pearland -43- ACQUISITION AERIAL June 23, 2017 NJ UIl lw r l.- Farm-Io•Markei-5= 8—.-- ©2016 Goo JLL Valuation & Advisory Services