R2021-013 2021-02-08RESOLUTION NO. 2021-13
A Resolution of the City Council of the City of Pearland, Texas, authorizing
the power of eminent domain to acquire a waterline easement and a
temporary construction easement on certain property for the FM 1128
Waterline Project; being a tract of land containing 0.1221 acre (5,320
square feet), located within the H.T.&B.R.R. Co. Survey, Abstract-549,
Brazoria County, Texas and being a portion of Lot 1 of the Allison Richey
Gulf Coast Home Company Subdivision, Section 24 recorded in Volume 2,
Page 89 of the Brazoria County Plat Records (B.C.P.R.). Said 0.1221 acre
tract being a portion of a called 4.9463 acre tract recorded in the name of
Phuc Van Mai in B.C.C.F. No. 90010684, for the construction and
maintenance of waterline 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 waterline 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 a waterline easement and a temporary construction easement 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 waterline improvements on certain real property
located in Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition of a
waterline easement and a temporary construction easement 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
RESOLUTION NO. 2021-13
the property interest, described in Exhibit "A", either by donation, purchase or the exercise of
the power of eminent domain.
PASSED, APPROVED and ADOPTED this the 8th day of February, A.D., 2021.
EST:
OAN, TRMC, CMC
CI SECRETARY
ROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
-,,C
VIN COLE
AYOR
County:
Project:
M.S.G. No.:
Job Number:
Exhibit , Page 1 of 3
Brazoria
Massey Ranch
181230 R1
3084-ROW
FIELD NOTES FOR 0.1221 ACRE
TRACT No. 27
20' WATER LINE EASEMENT
Being a tract of land containing 0.1221 acre (5,320 square feet), located within the
H.T.&B.R.R. Co. Survey, Abstract-549, Brazoria County, Texas and being a portion of
Lot 1 of the Allison Richey Gulf Coast Home Company Subdivision, Section 24 recorded
in Volume 2, Page 89 of the Brazoria County Plat Records (B.C.P.R.). Said 0.1221 acre
tract being a portion of a called 4.9463 acre tract recorded in the name of Phuc Van Mai
in B.C.C.F. No. 90010684. Said 0.1221 acre tract being more particularly described by
metes and bounds as follows (all bearings are referenced to the Texas Coordinate System
of 1983 (NAD83), South Central Zone):
COMMENCING at a 3/4-inch iron pipe found on the east right of way line of Masters
Road (FM 1128) (width varies as per Volume 2, Page 89, B.C.P.R.) at the northwest
corner of a called 2.07 acre tract, being a portion of Lot 9 of the Allison Richey Gulf
Coast Home Company Subdivision, Section 24 recorded in Volume 2, Page 89 and
recorded in the name of BSH Development, LLC in B.C.C.F. No. 2007027409 and the
southwest corner of Lot 8 and the residue of a called 10.00 acre tract recorded in the
name of Tracy Lee Bonar and Rhonda Renee Dunlap in B.C.C.F. No. 2014029532, south
of Benedick Drive (Private Road);
Thence, along said east right of way line of FM 1128, North 02 degrees 38 minutes 48
seconds West, a distance of 3731.46 feet to a 1-inch iron pipe found for the POINT OF
BEGINNING of the herein described tract in the north line of a called 4.95 acre tract
recorded in the name of Phuc Mai and Nguyet Doan in B.C.C.F. No. 90000721.
Thence, along said east right of way line of FM 1128, North 02 degrees 38 minutes 48
seconds West, a distance of 266.00 feet to an angle point for the northwest comer of the
herein described tract in the south line of a called 2.0719 acre tract recorded in the name
of Tom Boulmay and Nancy G. Boulmay in B.C.C.F. No. 2016033702.
Thence, North 87 degrees 20 minutes 01 seconds East, a distance of 20.00 feet with the
line common to the herein described tract and said 2.0719 acre tract to an angle point;
Thence, South 02 degrees 38 minutes 48 seconds East, a distance of 266.00 feet to an
angle point in the south line of the herein described tract and the north line of said 4.95
acre tract;
Exhibit , Page 2 of 3
Thence, South 87 degrees 20 minutes 01 seconds West, a distance of 20.00 feet along
said common line to the POINT OF BEGINNING and containing 0.1221 acre of land.
Temporary Construction Easement
Being an additional ten foot (10) wide strip of land to be used during the construction of a
water utility line. The 10 foot wide strip of land will be on the east side, parallel to and
coincident with the above described 20 foot wide permanent easement. Said 10 foot wide
strip of land shall extend the entire length of the 20 foot wide permanent easement.
A Parcel Plat of the described tract has been prepared by Miller Survey Group and accompanies
this description.
Anthony R. Peacoc , R.P.L.S.
Texas Registration No. 5047
Miller Survey Group
www.millersurvey.com
Texas Firm Reg. 10047100
Ph: (713) 413-1900
June 22, 2018
M&B No. 181230 R1
Revised Date: January 12, 2021
EXHIBIT , PAGE 3 OF 3 PAGES
50'
Line Table
Line
Length
Direction
L1
3731.46
NOT38'48"W
L2
266.00
N0218'48'W
L3
20.00
N87'20'01"E
L4
266.00
S02'38'48'E
L5
20.00
S87'20"01 "W
25'
0
50'
SCALE IN FEET
LEGEND
= FOUND 5/8-INCH IRON ROD
(UNLESS OTHERWISE NOTED)
• - SET SA -INCH IRON ROD W/NSG CAP
(UNLESS OTNERWLSE NOTED)
0 = ANGLE POINT
B.C.P,R. - BRAZORIA COUNTY PLAT RECORDS
B.C.D.R. - BRAZORIA COUNTY DEED RECORDS
B.C.C. F. = 13RA20RIA COUNTY CLERKS FILE
No. = NUMBER
CIR - CAPPED IRON ROD
IR - SION ROD
= IRON PIPE
P.O.B. = POINT CF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
R.O.W. - RIGHT-OF-WAY
AC. - ACRE
SD. rr. - SQUARE FEET
PG- - PAGE
VOL. = VOLUME
C.R. - COUNTY ROAD
YMSC. - MISCELLANEOUS
APPROX. = APPROXIMATE
MSG = NILLR SURVEY GROUP
W.L.E= WATER UNE EASEMENT
T.C.E.- TEMPORARY CONSTRUC110N EASEMENT
NOTES:
P.Q.B.
FOUND ' IP
col j
FOUND 3//4" IP
I
1. THIS SURVEY WAS PREPARED WITH THE BENEFIT CF A SURVEY SUPPORT
LETTER PROVIDED BY ABSTRACT SERVICES OF HOUSTON SEARCHED DATE or
JULY 18, 2020. WITH REGARD TO ANY RECORDED EASEMENTS,
RIGHTS -OF -WAYS CR SETBACKS AFFECTING THE SURVEYED PROPERTY.
2. ALL BEARINGS ARE REFERENCED 70 THE TEXAS COORDINATE SYSTEM OF
1983 (NA063). SOUTH CENTRAL ZONE
3. ALL UNDERGROUND U1LITES PLOTTED HEREON ARE FROM FIELD VIES TO
EXISTING SURFACE FEATURES, V1SBLE EVIDENCE AND TEXAS ONE -CALL FIELD
LOCATIONS. ALL UNDERGROUND UTILITY LOCATONS PLOTTED HEREON ARE
APPROXIMATE LOCA110NS AND MUST BE VERIFIED BY THE CONTRACTOR
BEFORE CONSTRUCTION.
4. A METES AND BOUNDS DESCRIPTION OF THE SUBJECT TRACT HAS BEEN
PREPARED BY MILLER SURVEY GROUP AND ACCOMPANIES THIS PARCEL PLAT.
REVISED:
08/13/2020 — SURVEY SUPPORT LETTER UPDATEEI
12"0AK
L5
BENEDICK DRIVE
400-, 4_ (PRIVATE ROAD)
TRACT No. 26
TOM BOULMAY AND NANCY G BOULMAY
CALLED 2.0719 ACRES
B.C.C.F. No_2016033702
H.T.&B.R.R. CO. SURVEY,
A-549
KWAYS
T
OF LOS 5S 1,.tip1hE
PORSION GULF COAST
24
C 1ST R1 801Vt58 .a C.P R
20' W.L.E.
0.1221 ACRE
(5.320 SQ. FT.)
TRACT No. 27
PHUC VAN MAI
CALLED 4.9463 ACRES
B.C.C.F. No. 90010684
TRACT No. 28
PHUC MAI AND NGUYET DOAN
CALLED 4.95 ACRES
B.C.C.F. No. 90000721
TRACT No. 39
TRACY LEE BONAR AND
RHONDA RENEE DUNLAP
RESIDUE OF CALLED 10.00 ACRES
B.C.C.F, No. 2014029532
TRACT No. 40
BSH DEVELOPMENT, LLC
CALLED 2.07 ACRES
B.C.C.F. No. 2007027409
20' W.L.E. — TRACT No. 27
PHUC VAN MAI
BEING A 0.1221 ACRE TRACT LOCATED IN THE
H.T.&B.R.R. CO. SURVEY. A-549
BRAZORIA COUNTY, TEXAS
'qQ
SURVEY*GROUP
www.millersurvey.com
1760 WEST SAM HOUSTON PARKWAY NORTH * HOUSTON, TEXAS 77043
PHONE 713-413-1900*FAX 713-413.1944
TEXAS FARM REGISTRATION No. 10047100
JOB No. 3084-ROW
SCALE:1-=50'
DATE;06/22/2018
FOLD BOOK
17050/HM
DUG No. PARCEL 27-W.EJn.CWC
DRAWN: DKA
CHECK: ARP
MND No. IE1230
Agenda Item #L.
yZ2D 2.1-113 dated
EXHIBIT A
INTERLOCAL AGREEMENT BETWEEN BRAZORIA COUNTY, TEXAS, AND
THE CITY OF PEARLAND, TEXAS, FOR PAVEMENT REPAIRS ALONG MORGAN
ROAD (CR 648P) SOUTH OF BENTLEY DRIVE (CR 6480)(PRECINCT 2)
This Interlocal Agreement (this "Agreement") is made effective as of the Effective Date
(as defined below), by and between BRAZORIA COUNTY, TEXAS, acting through its
Commissioner's Court (the "County"), and the CITY OF PEARLAND, TEXAS, acting through
its Mayor and/or City Manager (the "City"). The City and the County may be referred to
individually as a "Party" and collectively as the "Parties."
WHEREAS, Texas Transportation Code §311.001 authorizes the City to exercise exclusive
control over and under the public highways, streets, and alleys of the municipality; and
WHEREAS, The Interlocal Cooperation Act, Texas Government Code § 791.001 et seq.,
authorizes the City to enter into an interlocal agreement with the County subject to the conditions
and limitations of this Agreement; and
WHEREAS, Texas Transportation Code §251.012 provides that with the approval of the
City, the County may spend County money to fmance the construction, improvement,
maintenance, or repair of a street or alley in the City, including the provision of County equipment,
materials, and labor as set forth therein; and
WHEREAS, City warrants that it's City Council approved this agreement by Resolution
2021 authorizing the City Manager to execute it on City's behalf.
WHEREAS, County warrants that its Commissioners' Court approved this agreement by
Court Order No. 7.1.1+1 dated 1p-27-?OZf , authorizing the County Judge to
execute it on the County's behalf, and specifically approving the Project defined in this Interlocal
Agreement.
NOW, THEREFORE, the County and the City agree as follows:
1. Payments from Current Revenues. Each Party paying for the performance of
governmental functions or services described herein agrees to make payments from current
revenues available to that paying Party.
2. Term. This Agreement shall commence on the Effective Date and shall terminate
under the conditions set forth herein.
3. Project. Pavement repair on the Northbound travel lanes along Morgan Road (CR
648P) from 238' south of Bentley Road (CR 648Q) to Bentley Road (CR 648Q) ("Project"), as
shown in Exhibit A. The Project includes removal of existing concrete paving, lime treatment of
the subgrade, and installation of jointed concrete paving and concrete curb.
Page 1 of 4
Page 198 of 555
City Council Regular Meeting - May 24 2021
Agenda Item #L.
4. County's Covenants. County shall be responsible for the following pertaining to
the Project:
a. Create a change order to add the Project into an existing construction
contract;
b. Perform full-time inspection and provide daily reports during construction;
c. Manage the construction contractor and construction costs, including
approval of all change orders;
d. Coordinate with and provide progress reports to City during construction.
e. County shall begin construction by May 2021.
5. City's Covenants. City shall be responsible for the following pertaining to the
Project.
a. Review of construction change orders;
b. Provide 100% of the required funding for construction including any
approved change orders; the estimated construction cost is $35,321.00
based on the existing bid items as shown in Exhibit B;
c. The City will be invoiced in one lump sum once the project is substantially
completed.
6. Independent Contractor. The Parties intend that County, in performing such
services, shall act as an independent contractor and shall have control of the work and the manner
in which it is performed. County is not considered an agent or employee of Department.
7. Fair Compensation. The Parties acknowledge and agree that each of the payments
contemplated by this Agreement fairly compensate the performing Party.
8. Termination. At any time and for any reason, either Party may terminate this
Agreement by providing thirty (30) days' written notice of termination to the other Party.
9. Funding. The Parties understand and acknowledge that the funding of this
Agreement is contained in each Party's annual budget and is subject to the approval of each Party
in each fiscal year. The Parties further agree that should the governing body of any Party fail to
approve a budget that includes sufficient funds for the continuation of this Agreement, or should
the governing body of any Party fail to certify funds for any reason, then and upon the occurrence
of such event, this Agreement shall automatically terminate as to that Party and that Party shall
then have no further obligation to the other Party. When the funds budgeted or certified during any
fiscal year by a Party to discharge its obligations under this Agreement are expended, the other
Party's sole and exclusive remedy shall be to terminate this Agreement.
10. No Joint Enterprise. The Agreement is not intended to, and shall not be construed
to, create any joint enterprise between or among the Parties.
11. Venue and Applicable Law. This Agreement is subject to all present and future
valid laws, orders, rules, ordinances, and regulations of the United States of America, the State of
Page 2 of 4
Page 199 of 555
City Council Regular Meeting - May 24 2021
Agenda Item #L.
Texas, the Parties, and any other regulatory body having jurisdiction. This Agreement shall be
construed and governed according to the laws of the State of Texas. The sole venue for any action,
controversy, dispute, or claim arising under this Agreement shall be exclusively in a court of
appropriate jurisdiction in Brazoria County, Texas.
12. Public Information. This Agreement is public information. To the extent, if any,
that any provision of this Agreement is in conflict with Texas Government Code Chapter 552 et
seq., as amended (the "Texas Public Information Act"), such provision shall be void and have no
force or effect.
13. No Third -Party Beneficiaries. This Agreement is entered solely by and between,
and may be enforced only by and among the Parties. Except as set forth herein, this Agreement
shall not be deemed to create any rights in, or obligations to, any third parties.
14. No Personal Liability. Nothing in this Agreement shall be construed as creating
any personal liability on the part of any employee, officer, or agent of any Party to this Agreement.
15. No Indemnification by City or County. The Parties expressly acknowledge that
the City's and the County's authority to indemnify and hold harmless any third party is governed
by Article XI, Section 7 of the Texas Constitution, and any provision that purports to require
indemnification by the City or the County is invalid. Nothing in this Agreement requires that either
the City or County incur debt, assess or collect funds, or create a sinking fund.
16. Sovereign Immunity Acknowledged and Retained. THE PARTIES
EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS
AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY
PARTY OF ANY IMMUNITY FROM SUIT OR LIABILITY THAT A PARTY MAY
HAVE BY OPERATION OF LAW. THE CITY AND THE COUNTY RETAIN ALL
GOVERNMENTAL IMMUNITIES.
17. No Assignment. This Agreement shall not be assigned by either Party without the
express written consent of the other Party.
18. Entire Agreement. This Agreement, including the exhibits, contains the entire
agreement between the City and the County pertaining to the project contemplated hereby and
fully supersedes all prior agreements and understandings between the City and the County
pertaining to such transaction.
19. Modification. The Agreement cannot under any circumstance by modified orally,
and no agreement shall be effective to waive, change, modify, or discharge this Agreement in
whole or in part unless such agreement is in writing and is signed by both the City and the County.
20. Effective Date. The Effective Date of this Agreement shall be the date on which
the second of the two Parties executes this Agreement.
AGREED and SIGNED to be effective as of the Effective Date.
Page 3 of 4
Page 200 of 555
City Council Regular Meeting - May 24 2021
Agenda Item #L.
COUNTY:
CITY:
BRAZORIA COUNTY, TEXAS THE CITY OF PEARLAND, TEXAS
By:
L.M. "Matt" Sebesta, Jr.
Brazoria County Judge
DATED: f0 .24 - 20 L1
By:
ear on
City Mana; r
DATED: 2'51 'j 2-0
ATTEST:
By:
Page 4 of 4
City Secretary
Page 201 of 555
City Council Regular Meeting - May 24 2021
Agenda Item #L.
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Page 202 of 555
City Council Regular Meeting - May 24 2021
Agenda Item #L.
Exhibit B
Brazoria County Engineering
Morgan Road Reconstruction
Change Order No. 2
PROJECT INFORMATION:
CHANGE ORDER # 2
PROJECT NO: ITB 21-14
AWARD AMOUNT: $ 790,239.70
PROJECT: Morgan Road Reconstruction
WORK LIMITS: Morgan Road & Northfork Drive
CONTRACTOR: WadeCon, LLC
DESCRIPTION OF REVISED WORK:
2 of 2
Refer to Change Order #2 - Sheet
NEW/REVISED PLAN SHEETS ATTACHED/NUMBERED:
Refer to NOC-002 for Additional Scope of Work on Morgan Road
CHANGE IN CONTRACT AMOUNT:
CHANGE IN CONTRACT TIME:
180 days
0 days
0 days
180 days
PREVIOUS TOTAL CONTRACT AMT: $ 796,815.70
CHANGE DUE TO THIS C.O.: $ 35,321.00
TOTAL CONTRACT AMT: $ 832,136.70
TOTAL CUMULATIVE % CHANGE: 5.30%
ORIGINAL CONTRACT TIME:
PREVIOUS CUMULATIVE CHANGE:
CHANGE DUE TO THIS C.O.:
TOTAL CONTRACT TIME:
"By signing this Change Order, the Contractor agrees to waive any and all claims for additional compensation
overhead and profit; or loss of compensation as a result of this change and that this agreement is made in accordance
signer is acknowledging that are an authorized representative for the organization involved."
due to any and
with
all other expenses; additional changes for time,
the contract involved. By signing below, each
Contractor Date City of Pearland Date
County Project Mgr Date
Inspector Date County Engineer Date
County Purchasing Dir Date
LINE
8
ITEM
CODE
DESC
CODE
ITEM DESCRIPTION
UNIT
UNIT PRICE
QTY TO
DATE
QUANTITY
THIS C.O.
NEW
QUANTITY
AMOUNT THIS C.O.
1
104
6001
REMOVING CONC (PAV)
SY
$ 5.00
9,598.00
534.00
10,132.00
$ 2,670.00
2
260
6002
LIME (HYDRATED LIME (SLURRY))
TON
$ 200.00
213.00
15.00
228.00
$ 3,000.00
3
260
6009
LIME TRT (EXST MATL)(10")
SY
$ 3.00
10,782.00
587.00
11,369.00
$ 1,761.00
4
360
6017
CONC PVMT (JOINTED - CPCD) (7")
SY
$ 50.00
7,120.00
534.00
7,654.00
$ 26,700.00
5
529
9999
CONC CURB (4"x12")
LF
$ 5.00
3,288.00
238.00
3,526.00
$ 1,190.00
.New Items added by this C.O. TOTAL CHANGE ORDER AMOUNT
Sheet 1 of 2
$ 35,321.00
Page 203 of 555
City Council Regular Meeting - May 24 2021
Agenda Item #L.
Exhibit B
Brazoria County Engineering
Morgan Road Reconstruction
Change Order No. 2
PROJECT INFORMATION:
PROJECT NO: ITB 21-14
AWARD AMOUNT: $ 790,239.70
PROJECT: Morgan Road Reconstruction
WORK LIMITS: Morgan Road & Northfork Drive
CONTRACTOR: WadeCon, LLC
CHANGE ORDER #
2
DESCRIPTION OF REVISED WORK:
Additional Scope of Work on Morgan Road Between Sta 48+85 & Sta 51+23
This change order addresses payment to the contractor for additional work scope added on Morgan Road between Bentley Drive
and the existing transverse pavement joint at Station 48+85.
Brazoria County requested that additional scope of work be added to this contact to address concrete pavement along the
existing portion of Morgan Road maintained by the City of Pearland after review of the existing condition. This additional scope of
work shall include pavement repair on the NB travel lane of Morgan Road from approximately Station 48+85 to 51+23. The
additional scope of work is to address a section of concrete pavement that has damaged concrete panels. The additional work
includes reconstruction of 238' of Morgan Road (CR 648P). The scope includes removal of existing concrete paving, lime treated
subgrade, jointed concrete paving, and concrete curb. Contractor shall construct the proposed pavement at the existing PGL
elevation, match existing pavement elevation at both transverse headers, and match existing cross slope.
All items shall be paid for using the existing items established in the contract. The curb in this area shall be the 4-inch x 12-inch lay
down curb added in Change Order 001. Contractor to transition the 12-inch lay down curb to the existing Type I curb and gutter
section at each location where the newly constructed curb ties into the existing curb. The curb transitions shall be paid at the
change order unit price.
Sheet 2 of 2
Page 204 of 555
City Council Regular Meeting - May 24 2021
Agenda Item #L.
CO-002
Quantity
Exhibit B
BRAZORIA COUNTY ITB #21-14 - MORGAN ROAD RECONSTRUCTION - CHANGE ORDER #002 QUANTITY REVISION SUMMARY
Summary of Revised Quantities (Morgan Road Additional Scope for City of Pearland)
Item
Description
Unit
Plan
Quantity
Revised
Quantity
Quantity
Change
Total Quantity
Change
U/P
Ext
104-6001
REMOVING CONC (PAV)
SY
9,598.00
10,132.00
534.00
534.00
$ 5.00
$ 2,670.00
260-6002
LIME (HYDRATED LIME (SLURRY))
TON
213.00
228.00
15.00
15.00
$ 200.00
$ 3,000.00
260-6009
LIME TRT (EXST MATL)(10")
SY
10,782.00
11,369.00
587.00
587.00
$ 3.00
$ 1,761.00
360-6017
CONC PVMT (JOINTED - CPCD) (7")
SY
7,120.00
7,654.00
534.00
534.00
$ 50.00
$ 26,700.00
529-9999
CONC CURB (4"x12")
LF
3,288.00
3,526.00
238.00
238.00
$ 5.00
$ 1,190.00
Total Amount:
$ 35,321.00
- Quantity Revision Summary Updated: 4/26/2021
Changes 9:27 PM
Page 205 of 555
City Council Regular Meeting - May 24 2021