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R2019-009 2019-01-14 RESOLUTION NO. 2019-9 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 0.3329 acre (14,499 square feet) parcel of land located in the H.T.&B. R.R. Company Survey, Abstract 219, Pearland, Brazoria County, Texas, being out of Lots 9 and 10, Section 7, Allison Richey Gulf Coast Home Company's Subdivision (unrecorded) and being out of that certain called 5.000 acres (calculated 5.010 acres) tract described in a deed executed on July 13, 1988 from Mtrust Corp., trustee to Texas Underground, Inc. recorded in Volume (88)570, Page 393 of the Official Public Records of Brazoria County (O.P.R.B.C.), and out of that certain called 1.05 acres (calculated 1.1053 acres) tract as described in a deed executed on November 19, 2001 from Quan Son Vo, et aI. to Texas Underground Incorporated recorded under Brazoria County Clerk's File (B.C.C.F.) Number 01-052887 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. 2019-9 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. r TOM REID MAYOR ATTEST: JUNG 4I MC is :y` YSIFETAR '/'i'''iiiiiiwo\ AP ROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 February,2018 Parcel 45 Page I of 5 EXHIBIT A County: Brazoria Highway: McHard Road Project Limits: From F.M.865(Cullen Boulevard)to Mykawa Road RCSJ No. 0912-31-309 Property Description for Parcel 45 BEING a 0.3329 acre(14,499 square feet)parcel of land located in the H.T.&B.R.R. Company Survey, Abstract 219,Pearland,Brazoria County,Texas,being out of Lots 9 and 10, Section 7, Allison Richey Gulf Coast Home Company's Subdivision (unrecorded) and being out of that certain called 5.000 acres(calculated 5.010 acres)tract described in a deed executed on July 13, 1988 from Mtrust Corp.,trustee to Texas Underground, Inc.recorded in Volume(88)570,Page 393 of the Official Public Records of Brazoria County (O.P.R.B.C.), and out of that certain called 1.05 acres (calculated 1.1053 acres) tract as described in a deed executed on November 19,2001 from Quan Son Vo,et al.to Texas Underground Incorporated recorded under Brazoria County Clerk's File (B.C.C.F.)Number 01-052887 of the O.P.R.B.C., said 0.3329 acre parcel being more particularly described by metes and bounds as follows: COMMENCING at a found 3/4-inch iron pipe marking the southeast corner of said called 5.000 acres Texas Underground,Inc.tract; THENCE,South 87°05' 35" West,with the south line of said called 5.000 acres Texas Underground, Inc.tract, a distance of 971.08 feet to a set 5/8-inch iron rod with TxDOT aluminum cap for the southeast corner and POINT OF BEGINNING of herein described parcel located on the proposed east right-of-way line of County Road 109 (Garden Road) (width varies) having coordinates of N=13,779,072.51, E=3,138,035.71, located 97.12 feet left of McHard Road Proposed Baseline Station 98+88.23;** 1. THENCE, South 87° 05' 35" West, with the north line of that certain tract described in a deed executed on August 4, 2009 from Tam Le to Minh Thi Vo recorded under B.C.C.F. Number 2009042872 of the O.P.R.B.C.,passing at a distance of 5.00 feet the existing east right-of-way line of said County Road 109 and continuing a total distance 45.00 feet to a point for corner; Page C.2 ((ç))jn February,2018 Parcel 45 Page 2 of 5 EXHIBIT A 2. THENCE, North 03° 02' 45" West, with the west line of said called 5.000 acres Texas Underground, Inc. tract and called 1.05 acres Texas Underground Incorporated tract being within the right-of-way of said County Road 109, a distance of 322.20 feet to a point for corner; 3. THENCE,North 87° 05' 35" East, with the south line of that certain tract described in a deed executed on December 21, 1999 from Hector Cortina, et ux. to Angel Garza, et ux. recorded under B.C.C.F. Number 00-000649 of the O.P,R.B,C., passing at a distance of 40.00 feet a point located on the existing east right-of-way line of said County Road 109 and continuing a total distance of 45.00 feet to a set 5/8-inch iron rod with TxDOT aluminum cap for corner, located 419.32 feet left of Mcllard Road Proposed Baseline Station 98-i-87.93;t 4. THENCE,South 03°02' 45"East,with the proposed east right-of-way line of said County Road 109,a distance of 322.20 feet to the POINT OF BEGINNING and containing 0.3329 acre(14,499 square feet)parcel of land. SAVE AND EXCEPT, that certain called 0.025 acre (calculated 0.0246 acre) tract described in a deed executed on February 07, 2001 from Quern Son Vo, et al. to City of Pearland recorded under B.C.C.F. Number 01-0266I4 of the O.P.R.B.C. and that certain called 0.049 acre (calculated 0.0494 acre) tract described in a deed executed on March 21, 2001 from Texas Underground Inc. to City of Pearland recorded under B.C.C.F. Number 01-026613 of the O.P.R.B.C. leaving a net area of 0.2589 acre (11,277 square feet). Contained within said 0.2589 acre(11,277 square feet), 0.2219 acre, (9,666 square feet) is within the existing right-of-way of said County Road 109. (0)JLL Page C.3 February,2018 Parcel 45 Page 3 of 5 EXHIBIT A Notes: All bearings and coordinates are referenced to the Texas Coordinate System of 1983 (NAD83) 1993 Adjustment, South Central Zone (4204), based on TxDOT Survey Control Points H-21, H-22, 11-24, 11-44 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 the 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 be 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. 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 de-TS 2e‘$ Or 1�, , C.L.Davis Date ti 44' * -1,117 Registered Professional Land Surveyor Texas Registration No.4464 C.L.Davis&Company `q4,,"`ts�� o4r 1500 Winding Way .a SuRtt Friendswood,Texas 77546 Phone Number: 281-482-9490 TBPLS Firm No. 10082000 ,��JLL Page C.4 `I r LEGEND GROSS AREA AREA OF SAVE & r 0.3329 AC. 14,499 S.F. EXCEPT CITY OF (S) SET 5/8"IRON ROD w/CAP STAMPED / "CI. DAVIS RPLS 4464" PARENT TRACT INSET AREA OF TEXAS PEARLAND TRACT WITHIN FOR PARCEL 45 UNDERGROUND INC. EXISTING ROW OF —r?, PROPERTY LINE WITHIN C.R. 109 PROPOSED RIGHT-OF-WAY UNE NOT TO SCALE0.0740 AC./3,222 S.F. --IN— ACCESS DENIAL UNE EXISTING ROW OF --- SURVEY UNE C.R. 109 AREA WITHIN PROPOSED - 0.2219 AC./9,666 S.F.B,C.D,R. BRAZORIA COUNTY DEED RECORDS `t A ROW OF C.R. 109 O.P.R.B.C. OFFICIAL PUBLIC RECORDS OF ? LOT9 0.0370 AC./1,511 S.F. BRAZORIA COUNTY o °� 0Qc `� B.C.P.R. BRAZORLA COUNTY PLAT RECORDS coe IP IR IRON ROD o, t z IP IRON PIPE c 2 A CALLED 105 AoR. CALLED 5-000 ACRES LOT 10 (GLC.. L053 AC.) (CLC.5.010 AC.) • SET 5/6" IR w/TxOOT ALUM! CAP m ': � c'US'SCID,Er k- uraus7 amp.,TRUSte! SfiLfX?N 7 (UNLESS OTHERWISE NOTED) v ✓ `J T Ni UMD6.ow > Teas uv0 TERotcoco, p.c. X.T.&d Rage U2 SU4h1EY� ❑ FOUND TYPE I CONC. MONUMENT 0 Gio P.D.B.(5.i as2eas i�PRac.) (VOL(x)570.0-1 199.3 39.3 o.p.R'�.) c7249 p FOUND PROPERTY CORNER (A5 DESCRIBED) ,_,,T e .1.C. NOTES: S 87'05'35" W 971.08' 1. ALL BEARINGS AND COORDINATES ARE 0 © AREA TABLE (ACRES) REFERENCED TO THE TEXAS COORDINATE 4W& EXCEPT .SAW & £°T - CALLED 0.02$ ARE CALLED 0.049 ACRE EXISTING TAKING REMAINDER AC. SYSTEM OF 1983 (NAD83) 1993 (CALC. 0.0246 AC.) (CALC. 0.0494 AC.) ADJUSTMENT, SOUTH CENTRAL ZONE (4204), OUAN SON10V0. Er AL TEXAS UrnozTocRDUND INC. AC. AC./S.F. LEFT RIGHT BASED ON TXDOT SURVEY CONTROL POINTS CITY OF PEARLAND CITY OP PEARLAND 5.989 0.2589 H-21, H-22, H-24, H-44 AND H-46 (CSJ (01-026614- 200Re.c.) (01-023513 2 aB.c.) (CALC.) 1 1,277 5.730 NO. 0912-00-143) AS PROVIDED BY TXDOT. DATE t REVISION ALL DISTANCES AND COORDINATES SHOWN 1 ARE SURFACE VALUES AND MAY BE ! Sw4�'h CONVERTED TO GRID BY DIVIDING BY A a, *("t S FF Nt .¢ �� q�.,yC.L. DAMS & CO. FIRM NO. COMBINED ADJUSTMENT FACTOR OF 1.00013. F ° Fs' LAND SURVEYING 10082000 ( C.L.DAMS 1500 WINDING WAY 2. FIELD SURVEYS WERE COMPLETED OCTOBER 14 f�`.go 4454 -Le .c FRIENDSWOOD, TEXAS 77546 2016. 9 F� 10; O p '«�'�y 281-482-9490 3. A PROPERTY DESCRIPTION OF EVEN DATE .��~ WAS PREPARED IN CONJUNCTION WITH THIS ..;01 PARCEL PLAT PARCEL PLAT. oz-t5,2a4 4464 SHOWING DATE C. L. DAVIS R.P,L_S. No. PARCEL 45 4. EXISTING ROW LINE SHOWN AS OCCUPIEDMcHARD ROAD I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON AND MONUMENTED AT TIME OF SURVEY. BRAZORIA COUNTY THE GROUND UNDER MY SUPERVISION AND THAT R.C.S.J. 0912-31-309 5. ABSTRACTING WAS COMPLETED IN THIS PLAT CORRECTLY REPRESENTS THE FACTS AS FEBRUARY, 2618 13 w SEPTEMBER 2017. FOUND AT TIME OF THE SURVEY. 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