HomeMy WebLinkAboutR2022-042 2022-02-28 RESOLUTION NO. 2022-42
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
power of eminent domain to acquire fee title to certain property for the road
right-of-way; being 0.1360 acres (5,925 square feet) parcel of land situated in
the H.T. & B.R.R. Co. Survey, Abstract 304, Brazoria County, Texas; being out
of and a portion of that certain called 0.4579 acre tract of land conveyed to
Chay Ung by Deed executed December 31, 2010 in Clerk’s File Number
2011001608, in the Official Records of Brazoria County, Texas for the
construction and maintenance of public road 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 right-of-way 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 road right-of-way 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 public road 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.
DocuSign Envelope ID: 09CC4943-A41D-4238-9538-4ACA61809363
RESOLUTION NO. 2022-42
2
PASSED and APPROVED on this the 28th day of February, A.D., 2022.
_____________________________
J.KEVIN COLE
MAYOR
ATTEST:
_____________________________
LESLIE CRITTENDEN
INTERIM CITY SECRETARY
APPROVED AS TO FORM:
_____________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 09CC4943-A41D-4238-9538-4ACA61809363
October 10,2018
Parcel 7
Sheet 1 of 5
Exhibit A
County:Brazoria
Highway:Smith Ranch Road
Limits:FM 518 to Hughes Ranch Road
RCSJ:D912-31-312
PROPERTY DESCRIPTION FOR PARCEL 7
Being 0.1360 acres (5,925 square feet)parcel ofland situated in the H.T &B.R,R.Co.Survey,
Abstract 304,Brazoria County,Texas;being out of and a portion ofthat certain called 0.4579 acre
tract of land conveyed to Chay Ung by Deed executed December 3 1,2010 in Clerk’s File Number
2011001608 in the Official Records of Bra7.oriaCounty,Texas;said 0.1360 acre parcel ofland
being more particularly described by metes and bounds as follows:
COMMENCING at 21found 1/2—inehiron rod for the Northwest corner ol‘that certain called tract
conveyed to Jose Luis Vera by Deed executed July 27,2010 in Cler1<’sFile Number 2010032465
in the Official Records of Brazoria County,Texas;
THENCE,South 86°45’22”West,with the North line of said Vera tract and the South line of
said Ung tract,a distance of119.15 feet to a set 5/8—inchiron rod with 'l"xDO'l‘aluminum cap for
corner in the Proposed East right~ot1way line of Smith Ranch Road for the POINT OF
BEGINNING and the Southeast corner of the herein described tract;at proposed baseline station
39+53.04,50.00—fectright;having coordinates oi'N :13,772,163.60 and F.=3,118,085.45;
(1)THENCE,South 86°45’22"West,with the South line 01‘said Ung tract and the North
line of said Vera tract,a distance of 40.00 feet to a point for corner in the West line efsaid
Ung tract and being in the centerline of Smith Ranch Road (right-of~wayvaries)as
recorded in Volume 2,Page 107 in the Public Records of Brazoria County,Texas;
(2)THENCE,North 03°14’38”West,with said West line and center1inc,a distance of 148.11
feet to a point for corner in the North line ofsaid Ung tract and the South line of that certain
called 0.563 acre tract ofland known as “Tract 1”conveyed to Alimas Properties,LTD.by
Deed as recorded in Clcrl(’s File Number 2017024086 in the Official Records of Brazoria
(3)THENCE,North 86°45’22”East,with the North line of said Ung tract and the South lineofsaidAlimastract,a distance of 40.00 feet to a set 5/8-inch iron rod with 'I'xDOTaluminumcap(unable to set)for corner in the Proposed East right-of-way line of SmithRanchRoad;
October 10,2018
Parcel 7
Sheet 2 of 5
Exhibit A
(4)THENCE,South 03°14’38”East,with the Proposed East right~ol‘-wayline,a distance of
148.11 feet to the POINT OF BEGINNING;containing 0.1360 acres (5,925 square feet)
of land,of which 0.0680 acres (2,962 square feet)of land falls within the existing 20-foot
right-of-way easement as recorded in Volume 2,Page 107 in the Public Records of
Braznria County,Texas.
**-The monument described and set may be replacedwith 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.
October 10,2018
Parul 7
Sheet 3 of 5
Exhibit A
All Bearings and disiances sbcwn are based on the Texas cocrdinsbe syscern,South Central Zone
(4204),North American Datum of 1983(NAD83),CORSZOII (1a1=oc1-12010.00).All disrsnces
and wordinaics shown are surface and may be eonvened ccgrid by a combined adjustment rami-
of 1.00013.cu-id auordinaoes =surface oomdii-1a!es\l.0D0l3.Horizontalcontrol was esiabiisiied
by GPS OBS (RTN)utilizing Weslem Data Systems vns Network and diieeiiy tied to Base
siaiien HIKE-gl0l2.
All elzvations are based on areNDI111American venicsi Datum nf 1988 (NAVD88),1991
adjustment.Elevations were derivedby 012s OBS (RTN)and venicaiiy ccnsuairied to rncnunienis
1135 (Elev.54.60)and 1-141(Elev.3172').
Project units are us.surveyFeet.
Note:A Parcel plat of even date was prepared in conjunction with this pruperly description,
Nata:Abstracting was provided and completed by Texas AmericanTine in December of 2016.
me:Field surveying was perfcnncd from April 2017 Ihru February 2011;,
Access will be pernrined to the remainder pmpcrty abutting the bigbwny rsciiiry.
1,Royal T.Blown,a RegisieieriProfcssional Land Surveyor in meState ofTexas do hereby cenify
that this survey was prepared {rum an actual en—i1re.grcunr1survey oflhe prdperry describedherein
conductedby me or under my supezvisionand that this survey cotre1:tly1vp1'csenIsthe (seas found
a1 1115time cmie survey.
Rays T.Brown
Registered Professional Land Surveyor No.3331
DANNENBAUM ENGINEERXNG CORPORATION
T.B.P FIRM REGISTRATION N0.101 1312-00
3100 West Aiabarna
made (713)520-9570 Fax (713)527.5452
• = Set 5/8"Iron rod with TxDOT aluminum cop,
* * - The monument described and set rndy be replaced
with a TxDOT Type II right of way marker upon
Completion of the highway construction project under
under the supervision a? o registered professional
land surveyor either employed or retained by TxDOT.
• = Found monument as noted.
If - Property Line
= Survey Line
- Fee Hook
D.1.. C. T. - DEED RECORDS OF BRAZORIA COUNTY, TEXAS
O. R.B.C. T. - OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS
0. P.R.B. C. T. - OFFICIAL PUBLIC RECORDS OF BRAZORIA COUNTY. TEXAS
P, R. B. C. T. - PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
NOTES.
I. ABSTRACTING' WAS PROVIDED MD COFJPLETED BY TEXAS AMERICAN TITLE IN
DECEMBER OF 2045.
2. FIELD SURVEYING WAS PERFORMED FROM APRIL OF 2017 THRU FEBRUARY OF 2018.
3. ALL BEARINGS AND DISTANCES 1N PARENTHESIS ARE CALLED BEARINGS AND DISTANCES,
4. PROJECT UNITS ARE U.S. SURVEY FEET.
5. TICK /LARKS SHOWN ARE LATITUDE AND LONGITUDE IN DECIMAL DEGREES BASED
ON GRID COORDINATES.
DATUM NOTE:
ALL BEARINGS AND DISTANCES SHOWN ARE BASED ON THE TEXAS COORDINATE
SYSTEM ,SOUTH CENTRAL ZONE (4204), NORTH AMERICAN DATUM OF 1983(NAD83),
CORS2011 (EPOCH 2010.00). ALL DISTANCES MD COORDINATES ShavN ARE SURFACE
MD MAY BE CONVERTED TO GRID BY A COMBINED ADJUSTMENT FACTOR OF 1.00013.
GRID COORDINATES - SURFACE COORDINATESV.00013 - HORIZONTAL CONTROL WAS
ESTABLISHED BY GPS OB5 (RTN) UTILIZING WESTERN DATA SYSTEMS VRS NETWORK
AND DIRECTLY TIED TO BASE STATION HOB -0012.
ALL ELEVATIONS ARE BASED ON 7IfE NORTH AMERICAN1 VERTICAL DATUM OF
19$5 rNAVD8$1. 1991 ADJUSTMENT. ELEVATIONS WERE DERIVED BY BPS OBS 1RTN1
AND VERTICALLY CONSTRAINED TG MONUMENTS H35 1Et_EV. 54.60)00 H41(ELEV. 51.77).
I. ROYAL T. SROVN, A REGISTERED PROFESSIONAL
LAND SURVEYOR. HEREBY CERTIFY THAT, THE PLAT
HEREON AND THE ACCOMPANYING LEGAL DESCRIPT
REPRESENT AN ACTUAL SURVEY UADE ON THE
GROUND UNDER MY SUPERVI5ION.
BROWN,
TEXAS REGISTRATON NO, 3881
OANNENBAUM ENGINEERING CORP.
3100 WEST ALABAMA
HOUSTON, Tx 77098
E
AREA FABLE €ACRES)
EXISTING TAKING
AC. AC./S. F.
REMAINDER AC.
D. 4579 0.1360/
CALLED 5,925
LEFT
RIGHT
O.3219
DANNENBAUM
ENGINEERING CORPORATION
7,f3.P-E- FIRM REGISTRATION OF -$92
T.B,P,L,5- FIRM REGISTRATION *101168-D
3160 WEST ALABAMA HOUSTON, TX 7709B (713) 52O-9570
4 .F
PARCEL PLAT
SHOW 1NG
PARCEL 7
SMITH RANCH ROAD
BRAZORIA COUNTY
R. C. S. J. 0912-31-312
OCTOBER, 2018
SMITH RANCH ROAD -
(R. O. W. WIDTH VARIES)
CALLED 20' PUBLIC R.O.W. ESMT: PROPOSED BASELINE 40-00 .:
--- VOL. 2, PG. -9P P.P.�.c:T NO3° 1138"W 1 48.1 1 .--
1EXI5TING R.Q.W.
PROPOSED R.D.W.
CC tO
CCan v
jaoCr
a .o�
J Q
} o a:
UJ
O- J- la1
U -
U
END I/2' IR
-586° X15' 22"W
40. 00'
\ 503° 14' 38"E 148.111
P.O.B. PARCEL 7 1
STA. 39+53.04
50.00'RT / I
N=13,772,163.60
E=3,II8,085.45 CHAY IJNG 1 ei
,92 CALLED 0.4579 ACRES
DECEMBER 3f, 2010
rn FILE No.201100IE,08
O.P.R.B.C.T.I
n, NO3° 1 2' 38"W 14V6'
119.64' /I
I �2
Lo
U-
INO3.
P.O.C. ; 9. 36' FND 1/2' IR
PARCEL 7 (BENT)
FND 1/2' IR
EXISTING R.O.W.
Scale In Feet
14738.0,/- 3.939.4p--- 25 50 75
CALLED 2O' PUBLIC R.O.W. ESMT. SCALE: 1" = 50'
VOL. 2, PG. 10 7 P. R. B. C. T.
'-N8645' 22"E
40. 00'
STA. 40+01.16
50.00'RT
N=13,772,311.47
E=3,118,077.07
ALIMAS PROPERTIES, LTD.
MAY II, 2017
FILE NO. 2017024085
O.P.R.B.C.T.
TRACT 1
CALLED
0.563 ACRES
1J
H. T. &B. R. R. CO. SURVEY
A-304
DANNENBAUM
ENGINEERING CORPORATION
T.B.P.E. FIRM REGISTRATION #F-392
T.B.P.L.S. FIRM REGISTRATION #101188-00
3100 WEST ALABAMA HOUSTON. TX 77098 (713) 520.9570
PARCEL PLAT
SHOWING
PARCEL 7
SMITH RANCH ROAD
BRAZORIA COUNTY
R.C.S. J. 0912-31-312
OCTOBER, 2018
PAGE 5 OF 5 SCALE: i'.50'
PARCEL 7 — SpwlITH'll R':ANCH, ROAD GENERAL INFORMATION 8i. SCOPE OF WORK
GI FRAIL INFORMATION & SCOPE OF WORK.
IDENTIFICATION OH SURiEcT AND PROJECT
The Subject Property, or Whole Poop'e'rt'y, is legally described as 0,40579 acre .of land, more or less, being located in tgae'i°'l.']'. & H
11..R.. Co. Survey, Abstract'No, 304, 1l3raazo'rin Co+aanty, "Texas. The',mcgai'sitio:n parcel is identified by the client as Pam°eel 7; which
is a portion o'fthe parent tract, or' the "whole property", located at the southeast corner of Smith Ranch 2 Road mid S^unitlm Ranch
Road ii. a a'Pearlaan'd,'l,exas 77584 The client has. proposed to acquire Parcel 7, which contains a total of:approx'inmatcly 0.1.360 acres
(5,925 square feet). Approximately 2,962 square feet is within an easement along Smith Ranch Road and "2,,,-iH46 squar'e'feet is in
aam .easement aa.loaag Sin ith Ranch 2 Road.
The Subject Properly ennsists of 0.45719 notes or 19,946 square. feet of land that is unimproved and no in'mpm'vmrvenseiats are
considered: in this anal'y'sis, The Sales Comparison Approach — Land is 'rased to value the land as if vacant. As the site is.
un:pmroproved land, the Cost Approach, S,'aales Comparison Approach -- As Improved and Income Approach are not applii abbe
developing a value conclusion.
The proposed acquisition of Parcel 7 is liar the Smith Ranch Road Expansion Project, which will facilitate north/south traffic
through the City of Peaa•lamd and northern ]3rau .aria County, The project covers an approximate :1.015 miles of roadway
improvements extending from Broadway Street/FM. 5118 and 1.1u,g mes'Ranch Road. Improvements will include' a four -lane divided.
thoroughfare, signalised intersections, drainage, detention ponds, and g:audscaped medians, The overall purpose of project is to
provide the traveling public a good, traversable and safe public roadway. ]'lae following map identifies this area of the project:
dY ip<rr''!A,
Ni
I
° art ug hes.' an h ''Road li
• IH, ai i,r Tw,0dr L
au a yrarlllar� r dp a u4lnr01ru II 'uwg
n x 1 min
addhadri;+idUdYaawr" w �, " ua,iGl�w�awb�°�'d
r �4a 'rla ai ma+i .. r n�nr,, Mm9 ird r ,I'
a ara 'd wd Ir^"
��rr (ar �danw�ua cap '� p0,, i"
a,rarara ra;cxaay' I ab„,�,a
Ifla !lu'� Nap f4��aba�:
adway/F
Page 1.1
JJLL
PARCEL 7 -- SMITH RANCH ROAD
SUH,JEcr �;R1A1 a
GENERAL INFS2,RMAIII2N1,SC 9"FEE C i 0RK
Smith Ranch 2 Road Rd
Smith Ranch Road ROW
I'.
PARCEL 7 — SMITH RANCH ROAD
Aerial Photograph of Acquisition
PART To BE ACQUIRED AND REMAINDER BEFORE
Smithy Ranch 2 Rd. ROW Acquisition
Smith Ranch 2 Rd. ROB
Fee Acquisition
Smith Ranch Rd. ROW Acquisition'
Whole Pr°oaper'ty is outlined in red.
Approximately 2U' of the Subject Property is livrcated in the existing Ro Ws rot` Smith Ranch Road and, Smith Ranch 2
Road, Both areas nre highlighted in blue.
The fee acquisition area is outlined And highlighted in yellow.
011) JILL
Page 4...2
SMITH RANCH ROAD
CORRELATION AND FINAL VALUE ESTIMATE FOR THE REMAINDER PROPERTY
The subject property has, at this point, been analyzed under the three approaches to value. Each approach has been based ❑n
factual data obtained from the market. The resulting values are as follows:
Sales Comparison Approach (Land Only) $77415
Cost Approach
Sales Comparison Approach (As Improved)
Income Approach
SALES COMPARISON APPROACH —AS VACANT
N/A
N/A
N/A
The Sales Comparison Approach --• As Vacant ls most reliable In an active market when a number of similar properties have recently
sold, In this case, reliable data in sufficient quantity is available to value the subject as vacant land; therefore, the Sales Comparison
Approach was employed to value the Remainder Site as vacant.
COST APPROACH
The Cost Approach, particularly for newer construction, well documented cost and well supported land value estimates, is a solid
indicator of real property value. The cost approach is particularly useful in eminent domain appraisal because it requires a
breakdown of land and improvement values and provides a vehicle by which to itemize costs to cure. The property is a vacant tract
of land. As a result, the Cost Approach was not utilized.
SALES COMPARISON APPROACH --AS IMPROVED
The Sales Comparison approach is a direct approach to valuing real property through analysis of actual sales under prevailing market
conditions. The Subject Property €s a vacant tract of land; therefore, this approach was not utilized.
INCOME CAPITALIZATION APPROACH
The Income Approach is considered the most applicable in the appraisal of investment grade income producing property. Because
the property is not considered to be an income -producing property, this approach was not utilized.
FINAL CONCLUSION or VALUE
Based on the analyses and conclusions in the accompanying report, and subject to the definitions, assumptions, and limiting
conditions expressed in this report, it is my opinion that the market value of the fee simple estate of the property, as of the date of
appraisal is:
$77,115
Page 5.7
i'orm ROW -A-5 (Rev. r]a/11)
EXPLANATION OF DAMAGES (if any): If there is a difference between the value of the remainder before and after the acquisition,
the result will be reflected as damages or an enhancement to the remainder. In this appraisal, there is no difference in the values,
thus, there is no damage or enhancement to the remainder,
COMPENSATION SUMMARY
WHOLE PROPERTY:
The market value of the whole property is $91,212
PARTTO BE ACQUIRED:
Considered as severed land, the fee simple title to the part being acquired
for highway purposes (less oil, gas and sulphur and subject to existing easements,
if any, which are not to be extinguished) is $14,097
REMAINING PROPERTY:
The value of the remainder immediately before the taking is $77,115
Considering the uses to which the part taken Is to be subjected
to, the market value of the remainder immediately after
the acquisition is $77,115
NET DAMAGES OR ENHANCEMENTS, if any
$0
ACCESS:
The lack of any access denial or the material impairment of direct access
❑n or off the remaining property affects the market value of the remaining
property in the sum of $0
Cost to Cure: $0
TOTAL COMPENSATION $14,097
Page G