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R2018-206 2018-10-22 RESOLUTION NO. 2018-206 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 McHard Road Extension Project (Mykawa Road to Cullen Parkway); being a 0.2212 acre (9,635 square feet) parcel of land located in the H.T. & B. R.R. Company Survey, Abstract 243, Pearland, Brazoria County, Texas and being out of Lot 33, Section 19 Allison-Richey Gulf Coast Home Company Subdivision according to the plat thereof filed in Volume 02, Pages 23-24 Brazoria County Plat Records (B.C.P.R.) and out of a called 2.754 acres tract of land as described in a deed executed on April 24, 1987 from Veterans Affairs to Chuck Goodgine, et ux., recorded in Volume (87)411, Page 826 of the Official Public Records of Brazoria County, for the construction and maintenance of road, utility and drainage 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, utility and drainage 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, utility and drainage 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 October, A.D., 2018. RESOLUTION NO. 2018-206 ---- )0,n 2 a TOM REID MAYOR ATTEST: / win`�QEp,RL4;'. VUNG$ $ TRM S RETARY �� •' Q APPROVED AS TO FORM: d 64----- 4�___ DARRIN M. COKER CITY ATTORNEY 2 February,2018 Parcel 13 Page] of 5 EXHIBIT A County: Brazoria Highway: McHard Road Project Limits: From F.M.865(Cullen Boulevard)to Mykawu Road RCSJ No. 0912-31-309 Properly Description for Parcel 13 BEING a 0.2212 acre(9,635 square feet)parcel of land located in the H.T.&B.R.R.Company Survey, Abstract 243, Pearland, Brazoria County,Texas and being out of Lot 33, Section 19 Allison-Richey Gulf Coast Home Company Subdivision according to the plat thereof filed in Volume 02, Pages 23-24 Brazoria County Plat Records (B.C.P.R.) and out of.a called 2.754 acres tract of land as described in a deed executed on April 24, 1987 from Veterans Affairs to Chuck Goodgine,et ux.,recorded In Volume(87)411,Page 826 of the OflicIal Public Records of Brazoria County (O.P.R.B.C), said 0.2212 acre parcel of land being more particularly described by metes and bounds as follows: COMMENCING at a point marking a point on the west line of said Chuck Goodgine tract and the east line of that certain called 3.0 acres tract as described in a deed executed on October 18, 1967 from J. R Johnson, et ux. to Ned E. Williamson, et ux. tract recorded in Volume 983,Page 918 B.C.D.R.from which a found 1-inch iron pipe bears North 88°55'07"West,a distance of 0.95 feet from said point; THENCE, North 03° 07' 54" West, continuing along the west line of said Chuck Goodgine tact and the east line of said Ned E.Williamson tract,a distance of 209.23 feet to a set 5/8-inch iron rod with TxDOT aluminum cap for the southwest corner and POINT OF BEGINNING of herein described parcel,being on the proposed south right- of-way line of McHard Road having published coordinates of N=13,778,970.84, E=3,130,620.91, located 60.00 feet right of McHard Road Proposed Baseline Station 23+84.46;*a 1. THENCE,North 03°07'54"West,continuing along the west line of said Chuck Goodgine tract and the east line of said Ned E.Williamson,et ux.tract passing at 31.37 feet a point on . ! the existing south right-of-way line of County Road 106(Brookside Road)from which a found 5/8-inch iron rod bears N 85°21'35"East,a distance of 1.30 feet from said point for reference and continuing a total distance of 61.37 feet to a point for corner marking the northwest corner of said Goodgine tract; 2, THENCE,North 87°03'06"East,along the north line of said Chuck Goodgine tract being within The right-of-way of said County Road 106, a distance of 156.00 feet to a point marking the northeast corner of said Chuck Goodgine tract; Page C.2 ( JLL February,2018 Parcel 13 Page 2 of 5 EXHIBIT A 3. THENCE,South 03°07'54"East,along the east line of said Chuck Goodgine tract and the west line of thatcertain called 1.8861 acre tract as described in a deed executed on April 2, • 2014 from Vanderbilt Mortgage and Finance.Inc.to Jesus Najar as recorded under Brezoria County Clerk's File(B.C.C.F.)Number 2014012801 of the O.P.R.B.C.passing at 30.00 feet the existing south right of way line of said County Road 106 from which a found 3/4-inch iron pipe bears South 40°43'01"West,a distance of 0.40 feet for reference and continuing a total distance of 61.93 feet to a set 518-inch iron rod with TxDOT aluminum cap for corner located 60.00 feet right of McHard Road Proposed Baseline Station 25+40.07;** 4. THENCE,South 87°00'41"West,along the proposed south right-of-way line of McHard Road, a distance of 53.62 feet to a set 5/8-inch iron rod with TxDOT aluminum cap for corner located 60.00 feet right of McHard Road Proposed Baseline Station 24+86.65;** 5. THENCE,South 87°23'00"West,continuing along the proposed south right-of-way line of McHard Road,a distance of 102.38 feet to the POINT OF BEGINNING and containing 0.2212 acre (9,635 square feet)parcel of land. Contained within said 0.2212 acre (9,635 square feet),0.1074 acre(4,680 square feet)is within the monumented and occupied right- of-way of said County Road 106. Notes: All hearings and coordinates arc referenced to the Texas Coordinate System of 1983 (NADS3) 1993 Adjustment,South Central Zone(4204),based on TxDOT Survey Control Points H-21,H-22,H-24,H-44 and H-46(CSJ NO.0912-00-143)as provided by TxDOT. All distances and coordinates shown are surface values and may be converted to grid by dividing by a Combined Adjustment Factor of 1.00013. The unit of measure is in U.S.Survey Feet. • A parcel plat of even date was prepared in conjunction with the property description. Access will be permitted to the remainder property abutting the highway facility. "" The monument described and set in this call may he replaced with a TxDOT Type II right-of-way marker upon completion of the highway construction project under the • supervision of a Registered Professional Land Surveyor, either employed or retained by TxDOT. Page C.3 )JLL + f I • February,2018 Parcel 13 Page 3 of 5 EXHIBIT A I hereby certify that this survey was performed on the ground under my supervision and that this property description and accompanying parcel plat represent the facts as found at the time of the survey. Survey Date:October,2016 O2.29.•Zo to it C.L.Davis Date c• o�§�rQ,�F.p Registered Professional Land Surveyor �'o 4.1k * Texas Registration No.4464 e.t.DAVIS C.L.Davis&Company 9 qq""p ' l 1500 Winding Way �4 °Desgi, „14 Friendswood,Texas 77546 S B ,r` Phone Number: 281-482-9490 r TBPLS Firm No.10082000 • Page C.4 a , .r LEGEND - 14: OT 157 PARENT TRACT INSET (5) SET 5/8"IRON ROD vi/CAP STAMPED PROPOSED MOHARD ROAD FOR PARCEL 13 "C.L. DAVIS RPLS 4464" C.R. 106 (BROOKSIDE ROAD) —JP— PROPERTY UNE Exec Row uNE ��" propose)Row unE NOT TO SCALE PROPOSED RIGHT-OF-WAY LINE �B IMMINI/1 ACCESS DENIAL LINEN, — SURVEY LINE N R 2t1923' JUZIDEILWOR CIF B.C.D.R. BRAZORIA COUNTY DEED RECORDS , LOT J21 WN AIMS . O,P.R B.C. OFFICIAL PUBLIC RECORDS OF BRAZORIA COUNTY gairn19 CHUCK COODCD�Er me. B.C.P.R. BRAZORIA COUNTY PLAT RECORDS , © ha.mm.Fc MS nF.2ac) IR IRON ROD Ra.G 64-24-107AREA WM-IIN EXISTING IP IRON PIPE ROW OF C.R. 106 ■ SET 5/8" IR va/TxDOT ALUM CAP _ 1 0.1074 AC./4,680 S.F. (UNLESS OTHERWISE NOTE)) G9t e� ❑ FOUND TYPE I CONC. MONUMENT ¢�' AREA WITHIN PROPOSED • SET (AS INDICATED) 60 ROW OF McHARD ROAD o FOUND PRDPERTY CORNER (AS DESCRIBED) tt� 0.1138 AC./4.955 S.F. NOTES: 1. ALL BEARINGS AND COORDINATES ARE AREA TABLE (ACRES) REFERENCED TO THE TEXAS COORDINATE . EXISTING TAKING REMAINDER AC. SYSTEM OF 1983 (NADB3) 1993AC. AC./S.F. LEFT RIGHT ADJUSTMENT, SOUTH CENTRAL ZONE (4204), e wr.# BASED ON TXDOT SURVEY CONTROL POINTS . v 19 2.754 0.2212 H-21. H-22, H-24, H-44 AND 11-46 (CSJ 9,635 2.533 NO. 0912-00-143) AS PROVIDED BY TXDOT. DATE I REVISION ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE VALUES AND MAY BE CONVERTED TO GRID BY DIVIDING BY A t, OP. ' pa C.L. DAVIS & CO. FIRM NO. COMBINED ADJUSTMENT FACTOR OF 1.00013. J,.'�e4'6rnm¢s,' I ) LAND SURVEYING 10082000 2. FIELD SURVEYS.WERE COMPLETE OCTOBER ; C.L.DAVIS 1500 WINDING WAY _ 2016. e s 4464 it FRIENDSWODD, TEXAS 77546 9 �A. sstioteer 281-482-9490 -- 3. A PROPERTY DESCRIPTION OF EVEN DATE 'to S j�R`l0y'', WAS PREPARED IN CONJUNCTION WITH THIS - PARCEL PLAT PARCEL PLAT. 4t-zc.zMg 4464 SHOWING DATE C. L DAVIS R.P.L.S. No. PARCEL 13 4, DUSTING ROW LINE SHOWN AS OCCUPIED McHARD ROAD I HEREBY CERTIFY THAT THIS; SURVEY WAS MADE ON AND MONUMENTED AT TIME OF SURVEY. THE GROUND UNDER MY SUPERVISION AND THAT BRAZORIA COUNTY THIS PLAT CORRECTLY REPRESENTS THE FACTS AS R.C.FEES.B.BRUARY, 2ARY,0912201818 31-309 1 , 5. ABSTRACTING WAS COMPLETED IN FOUND AT TIME OF THE SURVEY. ' SEPTEMBER,2017. PAGE 4 OF 5 SCALE: NTS71 ' as ca C C) in ,„,_„..4.2 tml PO L40.183681 QUIT CULL OEM IXGOSSOVVS6AVE7' ABSTRACT MT PID AI. 163688 GYl©17.8243 ACRES - PID Q. 163687 CURCLPDI CEED (C.L8.17.823 ACRES) CALLED 9.715 ACRES .5p CALLED 2.118 ACRES ATTTHLR FREDERCK Y,1NONLY GLENN R.STOKE.ET UX. RON A.ESDER.TRUSTEE TO 10 EICER 20D4 TRUST YAW VAMONET LEE WILLIE HAYNES,EC UX. t„ TD (04-029145 O.P.RB.C.) „ / (VOL 1391.PC.863 Pat'Fi.O1:R.TRUSTEE 08-02-1494 / 8.8.0.8.) ! EtaSR 2D0. EXEMPTION –�'•\�,�(,}. +� / + BA66LINE A' 1!I TRUST / O3-.2°"1 75 OP P1 ETA.2448 PROPOSED ROYL UNE I20D703-15 03.R.D.CJ PROPOSED.McHARD ROAD t • 03-15-2907 C.R. 106 BROOKSIDE ROI•D t fg(� __ �D.3/4"1P ( FkOS/8'IR ( S�Nu Rgt1 UNE .v nn. ^"S 40Y3'0t'Tr 0.40' (R.O.W.VARIES} II 20' WIDE STRIP ALONG SOUTH SIDE 16'tV - TP c r-,:f C su Rv r LINE -' C2 . AFP:4F r��14Far A°57AA8T 787 to'1S[war=ANT OF A-243 DEDICATED BY 24 o --. •< Am. M.41I ) 4 100 (Vol. 2, Pg. 23-24 B.C.P,R,}_ 24m - ..1 Y6.-- -� sPrz� 6 V, L 7 w. WALE YL WO' REF.PT.ENDS B'1R pp,,,„,, %T �ExiSONG ROW UKr— -� eTUEs N 6571'3V E +A*� 73 ,1 -41** B RO N 6nu�099 85 0 PROPOSED ROW LINE \ '\ L5 'L4" -.w ` * 0.4r P.0.e. \`` PARCEL 13 �l sra 244856• 4 sp 5000 Pr{0'0/ 85280E D D,462 I LTi.TUN 5 13�778.97D.0 (P00•ANC 1utq Sue A 6580'RT 1NED E.YgL1W450N STATO .123484.46 RD No. 166502 tO (VOL 1575.PC.708 B.C.D.R.) OF.60.00'RT CALLED 3D ACRES .L .1 0¢.ne try 01-19-1981 J.R.JOHNSON. ET Ux. yo RED E.Y06WUSON,ET LLX. ' P10 Na 156489 (VOL 683. PC.918 0,8.0.8.) !Ln C C PD No. 508493 10-18-I957 p VETERAN ATFARS CALLED 1.6861 ACRES P.O.C. VANDER81T 1LOTT10AGE PARCEL 13 CHUCK 8800510_.ET Vx B AND FTtLAJ CE INC. REFPT.FND.1'L? 2 VOL.(87)411.PG.826 JESUS• O 24-1.J 8T.5R5 N 8535'07N 1 04-24-1887 (2014012801-022014 .) OSS' / p 002-2014 LOT 33 SECTION 19PTD No. 106490 ALLISON-RIS,GULF COAST A CALLED 1.8861 ACRES HOME ca's SUBONlSI N 1,-4 E D )ETO wR1:FTT (VOL 2, Pg. 23-24 a.c J) A .JESUSD PERSON C.L. DAVIS & CO. FIRM NO. (2005009579 O.P.R.B.C.) LAND SURVEYING 10082000 LIVE DATA 02-17-2005 LINE BARING DISTANCE - - 1500 WINDING WAY - LI N 03'0754" W 61.37' LOTJI N.T.daR.R CLLBMW FRIENDSWOOD. TEXAS 77546 L2 N 87'03'06£ 156.00' SECROM 19 ABSTRACT243 281-482-9490 L3 S 030754`E 61.93' 1 PARCEL PLAT L4 S"87'0041'W 53.62' L5 5 87'23'00" W 102.38' SHOWING L6 N 03'0754"YJ 31.37' PARCEL 13 L7 N 87'03106'£ 156.00' McHARD ROAD L8 S 03'0754'E 31.93' "' THE MONUMENT DESCRIBED AND SET MAY BE REPLACED 4WTH A TxDOT BRAZORTA COUNTY L9 N 03'0754" W 30,00' TYPE II RIGHT-OF-WAY MARKER UPON COMPLETION OF. THE HIGHWAY R.C.S.J. 0912-31-309 CONSTRUCTION PROJECT UNDER THE SUPERVISION OF A REGISTERED FEBRUARY, 2018 L10 S 03'07'54"E 30.00' PROFESSIONAL LAND SURVEYOR. EITHER EMPLOYED OR RETAINED BY TxDOT. , PAGE 5 OF' 5 SCALE: 1"=100' 83 (3 CD C) o)