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Home My WebLink AboutR2022-041 2022-02-28 RESOLUTION NO. 2022-41 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 0.0369 acres (1,606 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 0.5 acre tract conveyed to Christopher Lee Mosley by Quitclaim Deed executed July 13, 1998 in Clerk’s File Number 98028656 in the Official Records of Brazoria County, Texas, and being out of and a portion of that certain tract of land ascribed to Carol Ann Jamison and Katherine Spencer Jamison as described in Real Property Affidavit executed May 08, 2014 as recorded in File Number 2014018256, in the Official Public 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. 2022-41 2 PASSED, APPROVED and ADOPTED 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 December, 2020 Parcel. 513 Sheet 1 of 5 Exhibit A County: Brazoria J.Jiglrway: Sxrrith Ranch Road J,ilnifs: 1'M 518 to FJughes Ranch Road RCSJ: 0912-31:312 PROPERTY DESCRIPTION FOR PARCEL SB Being 0,0369 acres (1,606 square feet) parcel of land situated in the ELT &B, R,12_, Co. Survey, Abstract 304, B aroria County, Texas; being out of mmd a portion of that certain called 0.5 acre tract conveyed to Christopher Lee Mosley by Quitclaim Deed executed July 13, 1998 in Clerk's File Number 98028656 in the Official Records ❑f Brazoria County, Texas; and being out of and a portion of that certain tract of lend ascribed to Carol Ann Jamison and Katherine Spencer Jamison as described in Raul Property Affidavit executed May 08, 2014 as recorded in File Number 20/4018256 in the Official Public Records of Brazoria County, Texas; said 0.0369 acre parcel of land being more particularly described by metes and bounds as follows: COMMENCING at a found.1/24neh iron rod for the Northeast corner of that certain called 0.2204 acre tract conveyed to :TOM Luis Vera by 17ecd executed July 27, 2010 in Clerk's File Number 2010032465 in the Official Records of Br•azoria County, '.loxes; THENCE, South 03" 14' 36" East, with the East line of said 0.2204 acre tract, a distance of 59,24 feet to a point for• corner in the North line of said 0.5 acre tract; THENCE, South 86O 45' 22" West, with the common line of said 0,2204 acre tract and said 0.5 acre tract, a distance of 119,15 feet to a set 5/8 -inch iron rod with TxDOT aluminum cap for corner in the North lino of said 0.5 acre tract and the South line of said Vera tract and being the POINT OF BEGINNING of the herein described tract; at proposed baseline station 38+93,81, 50.00 feet right; having coordinates ofN— 13,772,1.04.46 and,E 3,118,088.80; CI) THENCE, South 03°14' 38" Last, with said Proposed right-ofway, a distance of 40.14 feet to a set 5/8 -inch iron rod with TxDOT aluminum cap for• corner in the South line of said 0.5 acre tract, and the North line of that certain called 2 acre tract conveyed to Chris Mosley by Deed executed April 29, 2016 in Cler'ic's File Number 2016021224 in the Official Records of }3razoria County, Texas; December, 2.020 Pat'cel 511 SiLent 2 of 1i Exhibit A (2) THENCE, South 86O r1.5' 22" West, with the South line of said 0,5 acre tract and the North Tine of said 2 ruine tract, at a distance of 40,00 feet to a point for corner in the West line of said 0.5 acre tract and being in the centerline of Smith Ranch Road (right-ef.way varies) as recorded in Volume 2, Page 107 in the Public Records of Braroria County, 'texas; (3) THENCE, EE, North 03O14' 38" West, with said West line and centerline, a distance of 40.14 feet to a point for corner in the North line of said 0,5 acre tract and the South line of that aforementioned Vera tract; (4) 'ITTENCE, North 86° 45' 22" East, with the North line of said 0,5 acre tract and the South line of:'said Vera tract, a distance of 40,00 feet to the POINT OF BEGINNING; containing 00369 acres (1,606 square feet) of land, of which. 0,0184 acres (803 square feet) of land falls within the existing 20 -foot road casement as recorded in Volume 2, Page 107 in the Public Records of Braznria County, Texas, The monument described and set may be replaced with a TxDOT Type II right of way marker upon coirmietion of the highway construction project under the supervision of a registered professional land surveyor either employed or retained by TxOOT. December, 2020 Parcel 5B Street 3 of 5 Exhibit A Ail Bearings and distances shown are based on the Texas Coordinate System, South Central Zone (4204), North American Datum of 1983(NAD83), CDRS2011 (EPOCH 2010.00). All distances and coordinates shown bra suL'IIWe and may be converted to grid by a combined adjustment factor of 1.00013, Grid coordinates = surface ccordinates11.00013. I-Iorizoltal control was established by CIPS OBS (RTN) utilizing Western Data Systems VRS Network and directly tied to Base Station I IJICB -g 1012. All elevations are based on the North American Vertical Datum of 1988 (NAVD88), 1991 adjustment. Elevations were derived by GPS OBS (RTN) mid vertically constrained to monuments 1136 (Elev. 54.60) and H41 (Elev. 81.721). Project units are U.S. Survey Feet, Note; A Parcel plat of even date was prepared in conjunction with this property description. Note: This survey was made with the benefit of Title I-Xouston Holdings/Stewart Title Company G,F, No, TH2O205752-14, effective date October 25, 2020. Note; Field surveying was performed from April 2017 that February 2018. Access will be permitted to theremaiuder property abutting the highway facility. I, Royal T. Brown, a Registered Professional Land Surveyor in the State of Texas do hereby cerkify that this survey was p repared from an actual on -the -ground survey of the properly described herein conducted by me or under my supervision and that this survey correctly represents the facts found at the time of the survey, lI` y , _ 1'Z 1 18 iebao --Royalal-VI y :aWln Registered Professional Land Surveyor No, 3881 DANNBNBALJMvI ENGINEERING CORPORATION T,B.P,E.L.S. FIRM REGISTRATION NO, F-10118800 3100 West Alabama Houston, Texas 77098 Office (713) 520-9570 Fax (713) 527.6452 1! = Se 5/? iron rod urn TxDOT afuminum cop. - The monument descrrned and set nay 6s repfaced with o TxDOT Type II right Of wny marker upon oornpldian of ffae Iigfwvy =eruption project under wider the e-upervi5To? 0f o regis#ered professional lorad surveyor either pmproyed or rosined fy TxDOT. O - Set monument as rimed. ▪ = Found monument as re . } - Properly L/t Survey Lire = Fes Nook D_R.B.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. 8.C. T. - FIAT RECORDS OF BRAZORIA COUNTY. TEXAS NOES: I_ THIS SURVEY WAS MADE WITH THE BENEFIT OF TITLE H YIS T QN Hai DueGS/S+ f1WART TITLE COMPANY G_ F_ No. TH2O205T52-H. EFFECTIVE DATE QCT08ER 25. 2020. E. FIELD? SURVEYING WAS PERFORMED FR4ld APRIL OF 2017 THRV FEBRUARY or 2018. 3. ,ALL BEARINGS AND 0157ANcES IN PARENTHESIS APE CALLED BEARINGS .AND DISTANCES. 4. PROJECT UNITS ARE U.S. SURVEY FEET. TICK MARKS SHOWN ARE LATITUDE MD LONGITUDE is DECIMAL DEGREES BASED ON GRID COORDINATES. DATA'. NOTE: U. BEARINGS AND DISTANCES SHOWN ARE BASED ON THE TEXAS COORDINATE STSTEdl.SOUTH CENTRAL ZONE (4204), NORTH AMERICAN OATum OF I91$3(N.dp 3J. CORS2OII (EPOYCIf 2010.00]_ ALL DISTANCES AND COOPDIIJATES SHOWN ARE SURF/CE ANfl NAY BE CONVERTED TO GRID BY A COMBINED ADJUSTMENT FACTOR OF r.00Oi3- GRfD C RDfNAWES - SURFACE C RDINATE541_OO0r3. HORIZONTAL CON AGE WAS ESTABUSFIED Br ORS OBS MRTN) UTILIZING WESTERN DATA SYSTEMS VRS NETWORK AND DIRECTLY TIED TO BASE STATION HJK6r10l2. ALL ELEVATIONS- ARE BASED ON THE NORTH A1/ERCAN VERTICAL DATUM OF ID68 rfitAvOetei, 1991 aLLIU5 T MEAT. ELEVATIONS WERE DEWED BY GPS OBS CRTN) AND VERTICALLY CONSTPMNEC TO MONUMENTS H35 fELEV. 54.D) AND F14r (ELEV. 81.72'i. I, ROYAL T. BROWN. A REGISTERED PROFESSIONAL LAND SURVEYOR, HEREBY CERTIFY THAT, THE FLAT HEREON AND THE ACWPANYING LEGAL DESCRIPTION REPRESENT M ACTUAL SURVEY MADE ON THE GROUND UNDER ALY SUPERVISION. TEXAS REGISTRATCN NO. 3881 DANNENBAUM ENGINEERING CORP. 31017 WEST ALABAMA WLIUSTON, TX 77098 AREA TABLE (ACRES) PO0 5B • N. T. 5. ExIST ING AC. TAKING AC. /S. F. REMAINDER AC. 0.5 CALLED 0.03€92 1,505 LEFT FUCHT 0.4631 DANNENBAUM ENGINEERING CORPORATION T.S.P.E. FTRM REGI TRATION NO. 1392 T.B.P.E.LS. FIRM REGISTRATION NO. F-107i6800 :Ago v•EETALABAMA HOUSTON,1 770n 71s)s211- 7u PAGE 4 OF 5 PARCEL PLAT SHOCK PARCEL 5B SIRE TH RANG ROAD ERaZORIA COUNTY C. 5. J, 0912-31-312 DECEMBER, 202C srasE'_tr. T_$ SMITH R ANCH ROAD (R. On W. WIDTH VARIES) N86'45'22"E 22"E 40.00', -PROPOSED BASELINE�20' ROAD ESMT. NO3'' 14'38 ,. W 40. 14' - 99 _v�:�.9?f'.R..C_�:_ ; 03- 14' 38" WW 1 X20' ROAD ESF-4T. 585° 45 T 22 "'N - ._.4 �v�C �_P_C7 �R.R.��_-- _44. VVrJ.----.__ FN� 1':•!? I µ _ _ .._-.... ST1.35-37.53 50.00`RT Ha T &BO PROPOSED R.Q.W. STA. 37+53.87 N=I3,772,O54,3 E=3,1I8,C9:.O7 CHRIS MOSEY CALLED 2 ACRES A.PRI_ 29, 2015 FLE NC. 20IcO2i22 0. P.R. B.C. T. S0'3° 1 4' 38"E•/ / 8 4❑. 14' P_0.8_ PARCEL 55' STA. 38+93.81 50_•00'RC N=. 3,772,104.48 E=3,118,088.53 C PiSTCPHER LEE i1CSL=" CALLED 0.5 ACRES JULY :3, :958 LE NO. 98028658 O.R.B. C.T. CAROL ANN JAMIS.0N, KATHERINE SPENCER LA'vFISCN REAL PROPERTY AFFIDAVIT ;. i r. Y 08, 2014 FILE NO. 2014018256 R. R. CO. S -� A30`I / RVEY AIL — -- Sca t e In Fce-r L 25 50 75 SCALD 1' = 50' \\_EX rSTINGJR. O. W. . 7, Pv_ 107 P.R.B.C.T. D.R.8.C.T_ 5C.CC'RT N=13,772.E53.80 E-3,:IC,C85. 45 Ln Ct3 Le - -7 Q cc) w ca R >jQ a 7 _ C 7•-• 7 N row LLJ CHAY 1.NG CALLED ".4(-73 ACRES II, 20:' FLO NO. 2011001508 PARCEL 39 S03 1 4' 36„u END 1/2' :R 59. 24' DANNENBAUM ENGINEERING CORPORATION i.B.P.w. FIRM REG1 TRA":ION NO- F-392 F:RM.. REG;STOAT1ON SIG_ F-10118EO9 s1eo WEST ALF.GA'v"A i40u57CN,'",X 7 53 r:a;• 52';'-an7C PARCEL PLAT SHOWING pp PARCEL 55 SHIT TH RANCH ROAD 8RAZOR I C, COUNTY 8_0_8. J. 0912-31-312 DECEMBER, 2020 PAGE 5 ti= SC -LEI 1 -•E.C... SMITH RANCH ROAD GENERAL INFORMATION & SCOPE OF \WORK IDENTIFICATION OF SUBJECT AND PRO1ECT According to the survey, the Subject Property, or Whole Property, is legally described as containing a called 030 acre of land situated in the fl,I. &B. R.R. Co Survey, Abstract 304, B3raaoria County, Texas. The. Subject Property is located allong the east line of Smith Ranch Road, south of Smith Ranch 2 Road in iPearland, TX, The size, shape and configuration of the tract are not conducive to valuation as a sep'ar'ate economic unit, Therefore, throughout this report, the property will be valued using an "at the ffence" valuation methodology. Within this approach to value, the property will be considered as though It Is part of an adjacent property to the sout,h,„ A determination of value will be derived for the assumed whole property, as if it were available for development and then a discount will be applied to account for the Subject Property's lack of independent utility and marketability. The Proposed .Acquisition contains a 0.0369 acre of land or 1,606 square feet. A portion of the Subject Property is encumbered with a 20 -foot road easement (803 SO,. According to the client, the 'area within the .20 -foot road easement is to be a prescriptive use easement. Prescriptive Use easement is defined by The Dictionary of Real Estate Appraisal — Fifth Edition as 'The right to use another's land, which is established by exercising this right openly, hostilely, and continuously over a statutory period of time,," For the purposes of this analysis, the area that the client considers to be a Prescriptive Use easement will be diminished 100%. The proposed acquisition will facilitate In the expansion of Smith Ranch Road., The project is known as the Smith Ranch Road Expansion Project, which extends from FM .518 to Hughes Ranch Road in Brazoria County. The overall purpose of project is to provide the traveling public a good, traversable and safe public' roadway,. The following map identifies this area of the project. Page 1.1 IynJlil�,iludli,lf i SMITH H RANCH ROAD' AERIAL MAP - SUBJECT PROPERTY 66 66 m ob I�o 00000000000 �RRRRRRRR6 n' ,0660066uuum II IV �w m 'ui III' 666 il iii I^ p �« Hew, ""',o' �p b dYll;il' w NII61iuiuP,AQp' .IY"rN;r lilll'Y�lii o VMIV �mluuNnflmM1�m��Ydmiw�"I��Iii�iNi�oliuiuiwlVi�Ilil��Vui 6, 66,1d I'V myr fl uulll;, „x m�iumi iul a ulolluulliouuuuullsm II�IIIIIu�II� I, I, „IM �ogiiiip imum411,1,11111,11 °'I'111111;NNIIINIIIINIIIIiuN�liiiiliNl�'� "''III II, The Subject Property Is outlined In red above. The property that Parcel SR Is being valued as a part of Is outlined In yellow above. Page 2„'2 SMITH RANCH ROAD AERIAL MAP — ACQUISITION PARCEL Illlliiii� uuw ii 'pR Illllliiiillllllllllllllllllllllllllllllllllllll Inkagery d9atcw 12,t3,42IJI' The Subject Property Vs shown In red above. The Acquisition parcel Is shown In yellow above. The area that Is subject to the Iprescr'Iptuve use easement is shown in blue above. Page 4.2 Form HOW A'5 (Rev. 08/11.) EXPLANATION OP 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 n❑ 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 $157,320 PART TO 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 $6,023 REMAINING PROPERTY: The value of the remainder immediately before the taking is $151,305 Considering the uses to which the part taken is to be subjected to, the market value of the remainder immediately after the acquisition is S157 -,3C15 NET ❑AMAGES 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 $6,023* *As ❑f the date of value, the economy (globally, nationally, and locally) was in a state of rapid transition with a widespread expectation of the imminent onset of a significant recession, -[he outbreak of COVID-19 (coronavirus disease of 2010) in China was declared a global pandemic by the World Health Organization (WHO) on March 11, 2020. Some market deterioration had occurred shortly before this date, but the declaration by the WHO soon led to municipal and statewide orders to "shelter in place," causing widespread closures of businesses and a massive disruption to general commerce. 'I he status of economic conditions is changing rapidly, creating great uncertainty in the markets. The value expressed herein represents our ❑pinion based ❑n the best available data reflective as of the date of value. While values are always subject t❑ change over time, we caution the reader that in the current economic climate, market volatility creates the potential for a more significant change in value over a relatively short period of time. Page 6