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R2019-012 2019-01-14 RESOLUTION NO. 2019-12 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 0.1365 acre (5,946 square feet) parcel of land located in the F.B. Drake Survey, Abstract 506, Pearland Brazoria County, Texas being out of that certain Tract I called 1.8 acres (calculated 1.798 acres)tract as described in a deed executed on March 28, 2012 from Frank G. Wenglar, et ux. to C & F Properties, L.P. recorded under Brazoria County Clerk's File (B.C.C.F.) Number 2012013796 of the Official Public Records of Brazoria County (0.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 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. RESOLUTION NO. 2019-12 (. --)&)->-1 Y (JC.eP TOM REID MAYOR ATTEST: Y• G LO' 0r ) L-I 1, \S. :_-* • , T` 9e;----- V,••.. %\ '�` • T SEC" ARY .•• APPROVED ASa„...:_a--/----- TO FORM: DARRIN M. COKER CITY ATTORNEY 2 January,2018 Parcel 2 Page 1 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 2 BEING a 0.1365 acre (5,946 square feet) parcel of land located in the F.B. Drake Survey, Abstract 506,Pearland Brazoria County,Texas being out of that certain Tract I called 1.8 acres (calculated 1.798 acres)tract as described in a deed executed on March 28,2012 from Frank G. Wenglar, et ux, to C & F Properties, L.P. recorded under Brazoria County Clerk's File (B.C.C.F.)Number 2012013796 of the Official Public Records of Brazoria County(O.P.R.B.C.), said 0.1365 acre parcel of land being more particularly described by metes and bounds as follows: COMMENCING at a point marking the southeast corner of said Tract I and the northeast corner of that certain Tract 2 called 0.4 acre(calculated 0.3936 acre)tract as described in said C&F Properties,L.P.deed; THENCE,North 02°58' 13"West,along the said east line of Tract 1,C&F Properties, L.P.,a distance of 108.50 feet to a point for corner marking the northwest corner of that certain called 4.999 acres tract as described in a deed executed on November 29, 2007 from Quang Van Hang, et ux. to Quang Van Hoang, et ux. recorded under B.C.C.F. Number 200766748 of the O.P.R.B.C. and the southwest corner of that certain called 2.00 acres tract as described in a deed executed August 9,2002 from WE Properties,Inc. to Brantley Investments, L.L.C. recorded under B.C.C.F. Number 02-041795 of the O.P.R.B.C. from which a found 5/8-inch iron rod bears North 05° 22' 42" East, a distance of 0.62 feet from said point; THENCE,North 02°58' 13"West,along the east line of said Tract 1,C&F Properties, L.P.tract and the west line of said Brantley Investments,L.L.C.tract a distance of 307.00 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 being on the proposed south right- of-way line of McHard Road having published coordinates of N=13,778,867.48, E=3,128,510.84, located 66.92 feet right of McHard Road Proposed Baseline Station 2+71.87;** I. THENCE, South 86° 57' 03" West, along the proposed south right-of-way line of said McHard Road, a distance of 180,96 feet to a set 5/8-inch iron rod with TxDOT aluminum cap for corner;** (())JLL Page C.2 January,20I8 Parcel 2 Page 2 of 5 EXHIBIT A 2. THENCE,South 36° 51' 56" West,continuing along the proposed south right-of-way line of Mcllard Road,a distance of 4492 feet to a set 5/8-inch iron rod with TxDOT aluminum cap for corner marking a point on the existing east right-of-way line of F.M. 865 (Cullen Boulevard)(100 feet wide)and marking a point on a curve to the right having a radius of 2,814.20 feet and a delta angle of 00° 55' 24", located 102,96 feet right of McHard Road Proposed Baseline Station 0+62.36;" 3. THENCE,along said curve and the said existing east right-of-way line of F.M. 865 an arc distance of 45.35 feet and a chord bearing of North 13°06' 53"West,a distance of 45.35 feet to a found 5/8-inch iron rod for corner marking the south end of a cut-back corner at the intersection of said F.M. 865 and the existing south right-of-way line of County Road 106 (Brookside Road)(width varies)as established by that certain deed recorded under B.C.C.F. Number 200'9011326 of the O.P,R.B.C.; 4. THENCE,North 37° 13' 31"East,along said cut-back corner,a distance of 19.39 feet to a found 5/8-inch iron rod for corner; 5. THENCE, North 86° 57' 03" East, along the existing south right-of-way line of said County Road 106,a distance of 205.21 feet to a found 1/2-inch iron pipe for corner marking the northeast corner of said C&F Properties Tract I; 6. THENCE,South 02°58' 13"East,along the east line of said C&F Properties, L.P. tract,a distance of 25.00 feet to the POINT OF BEGINNING and containing 0.1365 acre(5,946 square feet)parcel of land. gPJLLPage C.3 January,2018 Parcel 2 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,H-24, H-44 and H-46(CSJ NO. 0912-00-143)as provided by TxDOT. AU 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 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. 1 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 C.L.Davis TQC Date Dia `t'3'€�P4+.Fig.,� y Registered Professional Land Surveyor r �ti W Texas Registration No.4464 CI.DAVIS • C.L.Davis&Company .o .. 'V Francinding Way 4464 Q• . wood,Texas 77546 ° 51.u LG+ r s+.tfi,.. Phone Number. 281-482-9490 TBPLS Firm No, 10082000 JUL Page C.4 r"1 LEGEND W.oossavSeRFEY Aftsinicr 187 PROPOSED NI-cHARD ROAD (5) SET 5/8IRON ROD w/CAP STAMPED CR. 106 (BROOKSI0f. ROAD) PARENT TRACT INSET C.L. DAVIS RPLS 4464" 6 ' 'OW LFOR PARCEL 2514E P.0.8. e PROPERTY LINE 11, PROPSEo ROW Mit NOT TO SCALE -ft —.-- PROPOSED RIO-IT-OF-WAY LINE -5. I, F.8 DR4X,E StAgiVEY •- ,, " - ACCESS DENIAL LINE _ ..!„A8S7714C7At.506 .2 0 ---- SURVEY LINE C1 7-FACT 1-CALLED 1,8 ACRES 9.C.D.R. BRAZORIA COUNTY DEED RECORDS I 2. \ " (cw_c. 1_798 ACRES) FRANK G.WENG1AR, ET LIX. O.P.R.B.C. OFFICIAL PUBLIC RECORDS OF BRAZORIA COUNTY '-'-' To 8.C.P.R, BRAZORIA COUNTY PLAT RECORDS .- 0r pROPERTtS, LP. (2012013796 0.P.R.6.C.) IR IRON ROD %. sr. P"•• 03-78-7012 IP IRON PIPE r-- 0 • SET 5/8" IR w/TxDOT ALUM CAP s... (UNLESS OTHERWISE NOTED) 0 c FOUND TYPE I CONC. MONUMENT / TRACT 2-CALLED 0.4 ACRE ;.`RAM G. WE)CLAR. ET us. TO • SET (AS INDICATED) I CAE PROPERTIES. LP. 0 FOUND PROPERTY CORNER (AS DESCRIBED) N 0258'13"W (2012013796 0.P.R.3.C.) 108.50 03-2B-2012 NOTES: i 1. ALL BEARINGS AND COORDINATES ARE ,,-,7.,\ ' P.O.C. REFERENCED TO THE TEXAS COORDINATE ‘...V AREA TABLE (ACRES) EXISTING TAKING REMAINDER AC. SYSTEM OF 1983 (NAD8.3) 1993 ... ADJUSTMENT. SOUTH CENTRAL ZONE (4204), ^ AC. AC./S.F. LEFT RIGHT BASED ON TXDOT SURVEY CONTROL POINTS 1.798 0,1365 H-21, H-22, H-24, 1-1-44 AND H-46 (CSJ (CALC.) 5,946 1.662 NO. 0912-00-143) AS PROVIDED BY TXDOT. DATE REVISION ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE VALUES AND MAY BE CONVERTED TO GRID BY DIVIDING BY A Fr?) C.L.DDAsViuR1S TE8cylCNOG. 1F0I R0M820N000. COMBINED ADJUSTMENT FACTOR OF 1.00013. , ), '1 \ C.L DAVIS 2. FIELD SURVEYS WERE COMPLETED OCTOBER \ (Ivo 4464 4V,1 1500 WINDING WAY 2016. FRIENDSWOOD, TEXAS 77546 281-482-9490 ,... S Oil. 3. A PROPERTY DESCRIPTION OF EVEN DATE _ _ WAS PREPARED IN CONJUNCTION WITH THIS PARCEL PLAT PARCEL PLAT. c--N32-zoL2 ?>- -.*.-- .a._-: 4464 SHOWING DATE C. L. DAVIS R.P.L.S. No. PARCEL 2 4. EXISTING ROW LINE SHOWN AS OCCUPIED McHARD ROAD AND MONUMENTED AT TIME OF SURVEY. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON BRAZORIA COUNTY THE GROUND UNDER MY SUPERVISION AND THAT R.C.S.J. 0912-31-309 5. ABSTRACTING WAS COMPLE.I LD IN THIS PLAT CORRECTLY REPRESENTS THE FACTS AS JANUARY, 2018 SEPTEMBER 2017. FOUND AT TIME OF THE SURVEY, PAGE 4 OF 5 SCALE: NTS 71 to 42 h L•I r r W DOBS ,.SEd9 ABSTRACT 187 PROPOSED IlcHARD ROAD n BEGIN BASELINE x C.R. 106 (BROOKSIDE ROAD)(R.O.W. VARIES) STA. 0+0° CORNER CUP A' THE 20' vnot STRIP ALONG SOUTH SIDE OF A-243 f N: t3 nasa+. s 'or"E"R. CORDER OF CULLEN DEDICATED BY (Vol. 2, Pg. 23-24 B.C.P.R-) 1 E: 3,128,238.19 D C.R. 142 DEAC0.TE0 BY .x 20°9011326 0.P.ti.3.C. A c PR'0POSED&tS1lNE A" FlAISM•IR STA.0490.92 2+00 — D� Stfi19'T'Y J1E' A05J I l t„ L 6 OO a .x4 RT :, s�. :. .r _taw >.� :.w ., .,arRAc�a= zs O .rs . - FN°3/8 *%r PP/1Rew/9L ASPta.. • - cute. 0131 Q ** COM D.1/2"tP itotecI I CIF '�-'--, a Ll P.O.B. ...A,. I FNU.1/2•R ti * 'PROPOSED Rau UNE pgca 2 1 V FLEMo1E wzx. A 0+6236 ®TEI .0E mY .2t .13.x7&367.4, SPI+L Q oD E: i ,93128 n CFF- 102.96'RT 4.41 X*'M a 6 2+718744 _ SI-.S. FR DIME SURVEY d OFF. 6692'RT -\ 7,s SCALE' t"= 100' Z'' i NP ABSTRACT 5505 . >� PID Na 166431 L •• THE MONUMENT DESCRIBED 9 g ti Y i PALLED 2.00 ACRES``---—� AND SET MAY BE REPLACED WITH PP/71� '°,�',R'�� � * coo-sas•eom � ��P���c A TxDOT TYPE it RIGHT-OF-WAY A% $ MERCK MIRK •Tt+ PA o TO PO AO.s 1654 0 160652 MARKER UPON COMPLETION OF DRAMTL-0 1795 O.P.R.,LLC. `37" c,V pp..s� s at e, c COLLED 2.0° ACRES HIGHWAY CONSTRUCTION 1 i� PP�r H� {o2-0x1795 O.P.RB.c. 1 scum (CAM zoa Acm) PROJECT UNDER THE SUPERVISION M rSs g e O 08-09-2002 METAL MUG DARW J. BRADFORD q� OFA REGISTERED PROFESSIONAL o o� s TRACT 1-CALLED 1.8 ACRES s �' LOT 1 rO LAND SURVEYOR, EITHER ~"1' � 3?'0' (CALL. 1.798 Ate) ` 3 SECT7FaN r9 ,Y't►bww00 LflZANO,R tAf. N I. SI b FtrANK G.wENGLAR, ET UX. I. ALL r-ter COAST (2012022413 O.P.RB.c.) EMPLOYED OR RETAINED BY m TO !y 05-16-2012 TxDOT, &F PROPERDIES, LP. t'l �.9 its. G< \(2012013796 o.P-R.B.C.) W tt3M (" 2, Pg. 23-24 B.C.P.R) No ,,,_1 03-28-M12 y O NT H.T.,4 R R.ft CO.SURVEY ABSTRACT 243 1'' REF.Pi- FND,S/a'M �''� BEARS R°522'42•E 0 ii 1 CALLED 4.999 ACRES » 0.6x' k F. OUAND VAN FANG. Er Ux. SLOT 2 ECTION 19 1 auAG VAN 40,q40. ET AL. A�Ctr r-ter 01x1'coAsrC.L. DA4IS & CO. FIRM NC. k -i' (2cmo6014 W.B.C.) How CO,''s SUB-24 B5XJN Fils LAND ST,TRVEYING 10082000 N$ (4bt. 2 Pg. 23-24 6:C.P.R) .1 x 1500 WINDING WAY TRACT 2 CALLED ACRE t UNE DATA r c FRIENDSWOOD, TEXAS 77546 (DeuALLED 0.4A P.O.C. UNE BE4RWNG DISTANCE 281-482-9490 CM FRANK G. wENou . ET Ox. PARCa 2 Lr S 86.357'©3" W 180.96' CAF PROPTOERrE . LP. ' L2 S 3651 55" W 44.92' PARCEL PLAT (201 20 1 379 6 O.P.R.B.C.) L3 N 3713'31" E 19.39' SHOWING 03-28-2012 .' !!! L4 N 8657'03- E 205.2 r' PARCEL 2 . 94\ Ls S 02-66'5.3" E 25.00' McHARD ROAD BRAZORIA COUNTY R.C.S.J. 0912-31-309 CURVE RADIUS DELTA ANGLE ARC I FNGTH CHORD BEARING CHORD LENGTH JANUARY, 2018 01 2,514.2C' 00-5574,. 45.35` N 13'05'53" Ir 45.35' - PAGE 5 OF 5 SCALE 1"=100' -U a), LQ CD m