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R2019-008 2019-01-14RESOLUTION NO. 2019-8 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 0.3479 acre (15,156 square feet) parcel of land located in the H.T. & B. R R Company Survey, Abstract 243, Pearland, Brazoria County, Texas and out of Lots 1 and 17, 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 being out of that certain Tract Two being called 2.0000 acres tract as described in a deed executed on 11- 25-2015 from Robert D. Garner to Kevin Chema, ct ux. as recorded under Brazoria County Clerk's File (B.C.C.F.) Number 2015055762 of the Official Public Records of Brazoria County (O.P.R.B.C.), and being out of that certain Tract One being called 2.5721 acres as described in a deed executed on November 25, 2015 from Robert D. Gamer to Kevin Chema, et ux. as recorded under B.C.C.F. Number 2015055762 of the O.P.R.B.C, 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 RESOLUTION NO. 2019-8 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 14th day of January, A.D., 2019. ATTEST: UNG_ TY S RETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY <: '• o; • ," /\ 2 &)„ TOM REID MAYOR February, 2018 Parcel 6 Page 1 of 5 EXHIBIT A County: Brazoria Highway: Mc1Tard Road Project Limits: From F.M. 865 (Cullen Boulevard) to Mykawa Road RCSJ No. 0912-31-309 Property Description for Parcel 6 BEING a 0.3479 acre (15,156 square feet) parcel of land located in the T1.T. & B. RR Company Survey, Abstract 243, Pearland, Brazoria County, Texas and out of Lots 1 and 17, Section 19, Allison -Richey Gulf Coast Ilome Company Subdivision according to the plat thereof filed in Volume 02, Pages 23-24 Brazoria County Plat Records (B.C.P.R.) and being out of that certain Tract Two being called 2.0000 acres tract as described in a deed executed on 11-25-2015 from Robert D. Garner to Kevin Chcma, ct ux. as rccordcd under Brazoria County Clerk's File (B.C.C.F.) Number 2015055762 of the Official Public Records of Brazoria County (O.P.R.B.C.), and being out of that certain Tract One being called 2.5721 acres as described in a deed executed on November 25, 2015 from Robert D. Garner to Kevin Chema, et ux. as recorded under B.C.C.F. Number 2015055762 of the O.P.R.B.C., said 0.3479 acre parcel of land being more particularly described by metes and bounds as follows: COMMENCING at a called and found 5/8-inch iron rod marking the southwest corner of said Tract Two; TIIENCE, North 03° 02' 57" West, along the west line of said Tract Two and the east line of that certain called 1.00 acre tract as described in a dccd executed on December 27, 2007 from the Estate of Larry D. Childers, deceased to Sharon Childers as recorded under B.C.C.F. Number 2008001455 of the O.P.R.B.C,, a distance of 310.73 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 having coordinates of N=13,778,902.19, E=3,129,162.32, located 62,00 feet right of Mcllard Road Proposed Baseline Station 9+24.26; 1. TIIENCE, North 03° 02' 57" West, continuing along the west line of said Kevin Chema tract, a distance of 25.00 feet to a found 5/8-inch iron rod for corner marking the northwest comer of said Chema tract; 2. THENCE, North 86° 57' 03" East, along existing south right-of-way line of County Road 106 (Brookside Road)(width varies), a distance of 590.19 feet (called 590.24 feet) to a called and found 1/2-inch iron rod for corner marking the northeast corner of said Chema tract; Ju, Page C.2 February, 2018 Parcel 6 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 ©z-1.S.2c1$ C. L. Davis Date Registered Professional Land Surveyor Texas Registration No. 4464 C. L. Davis & Company 1500 Winding Way Friendswood, Texas 77546 Phone Number: 281-482-9490 TBPLS Firm No. 10082000 SJLL Page C.4 10+03 PROPOSED McUARD ROAD C.R. 105 (BRCOKSOE ROAD)(R.C.W. VARIES) 20' WOE STRIP ALONG SOUTH SIDE OF A-243 DEDICATED BY (Vol. 2, Pg. 23-24 3.C.P.R.) (VGI. 590, PC. 74 B.C.D.R.) (2007059004 B.C.P.R. P OPCSE'J BsS%7J.N'E '4• Ni DNSLBIYEY ABSTRACT 187 .4aSiP.AC7 167 '4+00 15,0: w.DE Rrx ESMT (VOL. 590, PC. 72 B.0.32.) 1 (LOTS 1 G 17) SUR'.Y 1.N2 ASPHALT PA&/00.A .46STP4CT 243 4P SP E2 P.0..8..) 4D PlEB,/,P,, f u PARCEL 6 1 STOR'. ill. IJ: 13.7 6,502.19 t1S07 E: 3.129.15202 STA. 9+24.25 OFF. 62.00' RT P,D ;to: 502392 CALLE .00 ACRE (CALC. 3.9964 ACRE) ADWNIS7RAT'ON DEED WE ESTATE OF WIRY DQ 2HI.DERS, _ DECE.SEC ro SHARCN CHIDERS Ts. (203500:455 0.PR9.C.) (NI 12-27-2007 ALSO SEE: (56-035349 C.F.R.E.C.) 2 N. C PIC Ns. 166429 TRACT TWO CALLED 2.0000 ACRES RCEERT C. GARNER TO KEA1N CHERA. ET UX. (2015055762 C.P.R.E.C.) 11-25-2015 R117 —L2— - Ctt0 LOT 1 SECTION 19 ALUSON—R/CHEY GULF COAST NOME CO. s SUBOMSKIN (VoL 2, Pg. 23-24 B.C.P.R.) .0.C. PARCEL 6 CALLED&FND.5/ 8",R CALLED 4.999 ACRES LOT 2 GUANO VAN HANG, ET Ur SEL7?ON 19 TC GUANO VAN HOARD, E7 AL. (2007066748 O.P.R.EL.C.) '1-29-2007 L'WE DATA LINE BE4RWC DISTANCE L i N 0.3'02 57" 14, 25.00' L2 N 8657'03" E 590.19' CALLED 590.24' L.3 S 02'57'53" E 27.4E' L4 S 87 2.3'00" RW 326.2 i ' L5 S 86'57'03" VI 263.95' E<S'IN3 ROW LINE rio I ...-"Al\v FROPCSEJ RC',4 L'UNE I--4 L4 1 -STA 11+86.19 CF. 60.00' RT C4LEC&FhC,1T °+R CPAY_L PIO Ns16643.3 TRACT ONE CALLED 2.5721 ACRES RC3ERT C. GARNER TO KEVdN CHEM.A, ET UX. (2015055762 C.P.R.3.C.) 11-25-2015 H.T. & EL RR CO. SURVEY ABSTR4CT 2.3 ^ JIB —24'CPM • STA. 1:-00.00 -•'�� 07. 62.00' RT CONC. 7 V08Y "07AL LOT 17 SECTION 19 ALUSON—RKCNEY GULF COAST HOME CO.'s SUBDWIS(ON (VbL 2, Pg. 23-24 BOP.R) RESID-E CALLED LOT 15 W. BARRY ROSE, ET UK. TO JOHN LEJSAL NCI. 624, PC. 356 9.C.D.R.) 06-11-1955 LOT 18 SECTION 19 *'• THE MONUMENT DESCRIBED AND SET MAY BE REPLACED WITH A TxDOT TYRE II RIGHT—OF—WAY MARKER UPON COMPLETION OF THE HIGHWAY CONSTRUCTION PROJECT UNDER —HE SURERVISION OF A REGISTERED PROFESSIONAL LANC SURVEYOR, EITHER EMPLOYED OR RETAINED 3Y TxDO-. }YI M 4v S7, L'+YAE1E TO SET CORNER AT 71 YE OF SURVEr Si*. 15+14.41 OF. EC.CC' RT SP/ H. P.D No. '66453 CAL.ED 203' AOJCWRKt HE EAST 22C' CF LOT 17 (CA..C. 1.697 .ACRO) Gt., J014: F. HaL'.E1S, ET U2 TO J0 41 LEJSAL. ET UX. (b•0'.. 978. PC. 912 8.C.C.4.) 04-07-1964 _00 SCALE": i 1C0' EDlC.L. DAVIS & CO. =IRW N.C. LAND SURVEYING 10082000 1500 WINDING WAY FR' ENCSWCOD, TEXAS 77546 2B —4A2-9490 PARCEL PLAT S-OWING PARCEL 6 MicHARD ROAD 3RAZORIA COUNTY R.C.S.J. 0912-31-309 FEBRUARY, 2018 PAGE 5 OF 5 SCALE: 1"=100'