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R2019-040 2019-02-11 RESOLUTION NO. 2019-40 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 0.3285 acre (14,310 square feet) parcel of land located in the II.T. & B. R.R. Company Survey, Abstract 243, Pearland, Brazoria County, Texas and being out of Lot 49, 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 that certain called 2.01 acres (calculated 2.007 acres) tract as described in a deed executed on March 7, 2005 from Beatrice Lejsal, Individually and as Independent Executrix of the Estate of Merle S. Whillhile, deceased to Edward John Shira, et al. recorded under Brazoria County Clerk's File (B.C.C.F.) Number 2005012973 of the Official Public Records of Brazoria County (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 property interest, described in Exhibit"A", either by donation, purchase or the exercise of the power of eminent domain. RESOLUTION NO. 2019-40 PASSED and APPROVED on this the 11th day of February, A.D., 2019. . .)GrAi / -LI TOM REID MAYOR ATTEST: .1 , 0„,i,,,,„,, Q,R�Ho ,,-,,,,....- A, NG .h :,,--, 4.6_,_.-; ,,,,_./. '_- , T''MC ="`• " 'y= Y SE' ETARY ` ' ROVED AS TO O FORM: iA DARRIN M. COKER CITY ATTORNEY 2 • • • • • • • January,2018 Parcel 18 Page 1 of• S EXHIBIT A • • County: Braruria highway: fblcllard Road Project Limits: Pram F.M.865(Cullen Boulevard)to Mykawa Road RCSJ No.. 0912-31-309 • Property Description for Parcel I8 • BEING a 0.3285 acre(14,310 square feet)parcel.of land Iocated in the I1.T.&B.R.R.Company Survey, Abstimct 243, Poarland, Brtizoria County, Texas and being out of Lot 49, Section 19 Allison-Richey Gulf Coast llome Company Subdivision according to the plat thereof filed in Volume 02, Pages 23-24 Bra aria County Plat Records(H.C.1'.R.) and nut that certain called 2.01 acres(calculated 2.007 acres)tract as described in a deed-executed on March 7, 2005 from Beatrice Lejsal, Individually.and as Independent Executrix of the Estate of Merle S. Whillhitc, deceased to Edward Julia Shires, at N. recorded under Brazoria County Clerk's File(B.C.C,F.) • Number 2005012973 of the Ofl:icial Public Records -of Brazuria County (O;1.R.B.C.) said 0.3285 acre parcel of land being more particularly described by metes and bounds as follows: • COMMENCING:at a found 1-inch iron pipe marking tlx:southeast corner of said Shim tract and the southwest corner of that certain tract as described hi a deedexecuted on April 20, 2011 from Aaron Quinton Frisby, et al. to Nicholas Ruserecorded under • 13.C.C.F.Number 2011016960 of the O.P.R.B.C.; THENCE, North 02°49'47" West,along the east line of said Shiro tract and the west line of said Rose Tract, a distance of'315.96 feet to set 5/S-inch iron rod with TxDOT aluminum cap for the southeast corner and POINT OF BEGINNING of herein described tract being on the proposed south right-of-wary line of McHard Road having • coordinates of N-13,779,002.53, E 3,131,240.54, located 60.00 feet right of McHard • Road Proposed Baseline Station 30+04.52:' • 1. THENCE,South 57°00'4]"West,along[he proposed south right-of-way tine of Mcilard Road, a distance of 4.52 feet to a set 5/8-inch iron rod with TxlO'f aluminum cap for corner located 60.00 feet right of McHard Road Proposed Baseline Station 30?•00.00;x" • • • • • • • • { Page C.2 (())JLr • • • • • • January,,2018 Parcel 18 Page 2 of S EIIIIBIT A • 2. THENCE,South 87°00'41"West,continuing along the proposed south right-of-way luno of Mci-lard Road,a distance of 227.43 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 27 1-72.57; 3. THENCE,North 02° 54'54"West,along the said west line of Shire tract end the east line of that certain Tract as described in a deed executed on June 18, 2010 from Cheryl Lynn • Price to Alberto Aguirre, et ux. recorded under B.C.C.F. Number 2010028519 of the passing at a distance of 31.76 feet a.point on the existing south right-of-way line of County Road 106(Brookside Road)(width Varies)and continuing a total distance of 61.76 feet to a point marking the northwest corner of said Shire tract, • 4. THIt,NCE,North 87°03'06"East,along the north line of said Sidra tract and the north line Of said Lot 49 being within the right-of-way of said County Road 106, a total distance of • 232.04feet(called 232.00 feet)ton point marking the northeast Corner of said Shire tract; • 5. THENCE,South 02°49'47"East,along-the east line of said Shirt tract and the west Eine of said Rose tract passing at a distance of 30.00 feet,a point on the existing south right-of-way line of ,said County Road 106, .from which a found I-inch iron rod hears South 12°41'02"Fast,a distance of 0.44:Net for reference and continuing a total distance of 61.60 feel to the POINT OP BEGINNING and containing 0.3285 acre(14,310 square feet)parcel,of land. Contained within said 0.3285.acre (14,310 square feel), 0.1598 acre (6,961 square feel)is within the existing right of way of said County Road 106. • • • • • • • • • (@)JLL Page C.3 1 January,2018 Parcel 18 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, II-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 m 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 herebycertify 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 dt•as•1011 c feY C.L.Davis Date 1 ° Registered Professional Land Surveyor gIn c.t..DAVIS , Texas Registration No:44644e4 ee n. C.L.Davis&Company {;.f"`;•`cs„ o41.• 1500 Winding Way s ti Friendswood,Texas 77546 Phone Number: 281-482-9490 TBPLS Firm No.10082000 • (©)JLL Page C.4 r�� il t LEGEND rr.aoesoiv-uRrrr ARi m r Tei (S) .SET.5/8'1RON ROD iv/CAP'STAMPED PROPOSED McHARD'ROAD "C.4. DAVIS.ROCS 4464° c.R: doe=(BRaoKSvE ROAD) PARENT TRACT INSET -(E'- PROPERTY LINE FOR PARCEL 18 PROPOSED RIGHT-OF-WAY LINE NOT 70':SCALE —111— ACCESS DENIAL UNE DUSTING Rae'UNE --- SURVEY LINE re E.C .R..DBRAZORLA :COUNTY DEED RECORDS PROPOSED ROW U O:P.R:B.C. OFFICIAL PUBLIC:-RECORDS OFBRAZORIA.COUNTYR.O.a- -;172,- B.C.P.R. BRAZORA COUNTY PLAT RECORDS IR. IRON ROD OL N'. 'awl QJ 'CALLED 2.01 ACRES kJ —_ IP IRON PIPE (aLa 2.037=no AREA WITHIN,,EXISTING BEATRICE lEJ'SAL 4NDMDLALL AND AS <o E SET 5/8" IR rw/TxDOT ALUM GAP iNDEPEraar r EXECUTRIX o>•THE ESTATE,CF a ROW OF C.R. 106 (UNLESS OTHERWISE iNDTED) 6'7ifE s:WM oDte.DECErsEb. h 0.1598 'AC,/6,961 S.F. 0, FOUND TYPE I CONC..MONUMENT Eavt,tx JQHN.SHIRA, ET AL. (2b05012973 oa,Rac)- =. AREA .WITHIN PROPOSED o SET':(AS INDICATED)' Da-D7-2aos , 0 FOUND PROPERLY CORNER OS DESCRIBED) car a9_ ROW` OF McHARD ROAD NOTES: sFcrrov rs 0.1687 AC./7;349. 5.F. .1...ALL BEARINGS AND COORDINATES ARE 4 REFERENCED TO THE TEXAS COORDINATE c '� EXISTING TAKINGREA LE REMAINDER AC: 'SYSTEM OF 1983 (NADo3) -9_3 ADJUSTMENT, SOUTH CENTRAL ZONE (4204), a i2 ' AC•. AC./S.F. LEFT : RIGHT BASED CN_'TXD07 SURVEY' CONTROL, POINTS tbet 2:0D7 0.3285 H-21,. H-22, H-24,-'1.1-4A. AND' H-46. .GSJ PP'' 1.678: ( P,O.C�. I (Cr3LC:) 1 x},310 NO: 0912-00-143) AS PROVIDED BY TXDCT, \! DATE REVISION ALL DISTANCES.AND COORDINATES SHOWN ARE, SURFACE VALUES AND MAY BE. - 'CONVERTED TO GRID EY DIVDING BY:A QJr T t$ y'sre'4.-0-' CI. 'DAVIS & CO: FIRM NO: COMBINED ADJUSTMENT FACTOR OF 1.00013, ��,o°'6q'. 4:10 . Ce..„ LAND SURVEYING 10082000 2. FIELD SURVEYS WERE COMPLETED OCTOBER it. C.I.,DAVIS i 1500 WINDING WAY - :2016. .:1 ) .;, : gre FRIENDS�Y00!?, TEXAS 77546 3.A PROPERTY DESCRIPTION OF,EVEN DATE f. ¢ • `5=a" '`� , 287=182-9490: WAS. PREPARED IN ,CONJUNCTION WITH THIS. " � ' PARCEL PLAT PARCEL PLAT. ci+.-c:8.•?� 4464 SHOWING DATE C. L DAVIS R.P.L.S. No. PARCEL `18' 4..EXISTING ROW. LINE SHOWN AS OCCUPIED McHARD ROAD AND MONUMENTED AT TIME DF SURVEY. I HEREBY'CERTIFY THAT THIS SURVEY.WAS MADE ON gRAZORIA':COUNTY THE GROUND UNDER I,1"'SUPERVISION AND THAT 5.,ABSTRACTING WAS COMPLETED'IN THIS PLAT CORRECTLY REPRESENTS THE FACTS AS P..C.S.;d. 0912-37.-309 SEPTEMBER 2017. FOUND AT TIME OF THE SURVEY: JANUARY, 2018 PAGE 4 OF 5 SCALE:. NTS '0 a) fa r PID NO.153686 PID NO. 163979 0 mamma DEED CALLED 2.119 ACRES CA/LED 0.9904 ACRE ll PID WO. mpg RER A.E1DER,TRUSTEE EIDER 2004 MIST ED'NARA ALLEN maim, w �o5 AN G MDG M00NEY a CALLED 0.59 REro AL ROC A.A.EIDER,TRUSTEE �'TO •'mg„�»R 10 FF:D VSOTheY ELDER 2004 EXEMPTION 1RUSF ERNEST E LOONEY ERNESC E M60HEY 187 (2007015411 OP.R.B.O.) '(X09002090 0-P.R.B.C.) S IS (98-053519 0.P.R.SL) • 03-15-2067 01-06-20x5 11-23-1998 10., R!4 LASEubC A PROPOSED ROW LINE FND.1/riN\.. * REF.PT.FNO.1/21R —(0'0-am.Pa 442 scan) EXtTWNG ROW UNE. D C FARS N 1Q40'9Z E 1.37' PROPOSED MCHRRQ f2{ AD �+E's►rucr WI A„..„,. .P7X�Jr r2B+CC L4 su€r un- =°° ss9 srstuor a- C.R. i0' WIDE SOP LRON))(( O.W..VARIES) ASS/R4C'T2ys .._ ,E 2O' WIDE STRIP ALONG scum SIDE 4 '48 SP g24VP g1.fa Exismoo ROW JNE OF A-243 3-24 B. BY �`T�`'�'�/ �JL7 ...-W"."- -_ (VaE. 2. Pg. 73-74 e.c.P.IZ) A..O 6 78 ia..2' EARS .FN0.11R ** I ** BEARS 5 1241'02'E 0.44' 0 106 PROPOSED ROW UN'c7 SCALE* 1s 100 S LOT 19MO*R." mg. 151`\� 12 99.clo'�i I . f .41.1130N-RICKY GULP CGIt$r 111 (l++f ��FIrORAE pCO's SUJV> 11 'fin ` bh� •7, 23-s&CAW YPa. STOW •o.e ;;';;u0 {;;:;; PIO No. 166.5(91 PARCEL 18 CALLED 2.01 ACRES k..,71SOD2.53 Na..1664 (CALL.2.007 ACRES) C 3,131,240,54 CN.L1ED 1.009 ACC RE BEATRICE LEJEAL.PIOMDUA!J.Y AND AS AA 30+04,S2 CHERYL LTND PRICE INDEPENDENT EAEONTRN OF THE ESTATE OFF 60(90'RT OF MERLE S WHflJJIFRS OF1'EA4r� ALBERTO morn. ET UX. 13J TO �' ND Na.X2202 (2010-025519 O.PR.E.C.) corm JOHN SFORA,Rr AL 1 ND 1.748202 06-28-2010 (20DS00�7- .BA.) M. AARON OUIWON FREED'.ET AL ro PID No. 166490 3 NIDHOIA5 ROSE CALL® 1.0867ACRES SECTION 19 Is. (201101sosa OF.R.B.E) BONNIE WRIGHT ALL1 ON-RICN&GOLF COAST :4' 04-2A-2011 o, TO NOME Crile St16011010N zA JESUS NAIAR,A HARRIED PERSON P¢ 23-24 ) 'a . (2005C2 679��8PR B,G) 4 N.T.KK R.A.ca MY we.mlor243 1 C.L. DAVIS & CO. FIRM NO. LINE DATA ° LAND SURVEYING 10082000 LINE BEARING DISTANCE WILUP.0TO w1Ucs, II P.D,C. 1500 WINDING WAY • LI S 8700'41"W 4.52' mu y E. WINS..P.R.B.011,El jX EL 18 FRIENDSW000, TEXAS 77545 L2 S 87.0047"W 227.43' 1 12-10-2013 FN>,1'1P L3 N 02'94 54" W 67.76' 281-482-949(9 1.4 N 87'03'06"6 232.04' MOOR I2LAT OP KILLS mwoR PARCEL PLAT . CALLED 232.00' (AOC NO.201.5054242 BGP.R) SHOWING L5 S 02'49'47'6 '61.60' . PARCEL 18 L6 N 025454' W 51.76' MCHARD ROAD L7 N 87'03'06"6 232.40' ,., THE MONUMENT DESCRIBED ANO SET MAY RE REPLACED WITH A TxOD ' BRAZORIA COUNTY LB S 0249'47"E 37.60' ' TYPE II RIGHT-OF-WAY MARKER UPON COMPLETION OF THE HIGHWAY R.C.S_J. 0912-31-309 L9` N 0754'54' w 30-00CONSTRUCTION PROJECT UNDER THE SUPERVISION OF A REGISTERED JANUARY, 2018 LTD S 02'49'4r E 30.00' PROFESSIONAL LAND SURVEYOR, EITHER EMPLOYED OR RETAINED BY TxDOT. PAGE 5 OF 5 SCALE: 1"=100' B) To CD C] O'J .