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R-2012-047-2012-04-09 RESOLUTION NO. 2012-47 AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE POWER OF EMINENT DOMAIN TO ACQUIRE FEE TITLE TO CERTAIN PROPERTY, BEING A 3.1768 ACRE TRACT OUT OF SECTION 10 OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S SURVEY, BEING PART OF SUBURBAN GARDENS , PEARLAND, BRAZORIA COUNTY, TEXAS, 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 a fee title to certain property for the construction of road, utility and drainage improvements on said 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 certain property, by donation, purchase, condemnation, or otherwise, of certain real property located within the City and situated in Brazoria County, more particularly described in Exhibits "A"and "B"attached hereto and incorporated herein for all purposes. RESOLUTION NO. 2012-47 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, described in Exhibits "A" and "B" and any improvements thereon, either by donation, purchase or the exercise of the power of eminent domain. PASSED and APPROVED on this the 9th day of April, A.D., 2012. TOM REID MAYOR ATTEST: ` ....EA A „„, RL,gyo.,; • NG Is ”ING, RM 4 Y S. RETAR r.5\ �� AP OVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 Exhibit A Resolution R2012-47 LOT 44 ORIGINAL AREA (CALLED) 10.0 ACRES - ^,o�«`s °"°"`;°""'s" spec.,,I..wp.r.IY CIE° °°-I3 AREA WITHIN EXISTING R/W 0.3509 ACRE a"° ,.w PR,REa5H1p c'z° ''"""'i°"°"E;`°,:A;cYSS9 er Jx TO LIR"2.J, a 3 AREA WITHIN PROPOSED R/W G - _Of e�°w R,,,,,�L '°`-1"°-- 1 it lir -,•,,-0�• °, aH,p.a�R15°r.o.`°TC , AND NORTH OF HICKORY SLOUGH 2,8259 ACRES "-°x' --e-" _Tom'-_°;sz�°"' $Y RESIDUE 6.8232 ACRES N 8T16'42 E�m ��°,,,, °_±' :� *�"�` - I k _"=~ ° Ic?!!R of LoT w».Iw P� 1 06J.90' i N-.6] _ ° 4z/ p.c I„ CO` o ` a�A•'s ( r x,a`E°mrOERSO+p`c- Nan 04E OF LOT 4s 1,C21 23' - - 1 - ., T i a L9, 6 Te'S2'� w .06.3 RC , E,B NN �. 2 H k�k To I ' ..rr• EEO i°°$I oYL°` -_--" - ICKORY_SLOUG _-" - -,�w"' Lu o.z4 ) PEE ;jI ', �' - - ' 1w$ .a.,'""" - -::771-:::"" 86698% --- " N 02'46'28"W 229.20' .„I I ' �.w_ ,.`, _" W_ ---- 01 l � °e `A E :. '-` II 2 "-- _ "`o�-, _ ,--,- & B. SIC L.,- SJRVEY 1 r u '111, `M1 --" ABS'RAC' 505 „G°:E�"9u`rurr ws°UiRN -o __ -�_-_ ` -" .�x rs.uwE Nc aonlEw -1 EDr4 - 1 _.Ea d"' GEORGE'A O NN.E. �UW.-015659 „os .rNo LEONARD s.SrMMCNS.ET OR R=1,940.00' [ -` RE CEP D•9JrT BCCP) D=04'26'18 I� 00 TRACT 1 �"` w -{ hy' s osr lsaw� (0I0+-z4-zoOr L=150.28' s er44'JC"W n.54' ^ peRi01 Ea`mocE 139' 3.1768 ACRES LC=150.24' (PAN' (138,382 S0. FT.) CB=N 00'3 (x; W l 3'1; ,7 '. '""`ES` aka a eiam^"° LOT 41 SECTION 10 ,,ry (Mt 66�p56 eCRR. "to ALIJSON-R'CHE! GULF COAST HOME Co., P.0.8.:CS PROPOSED R/W\ w 11 �' Tip:4: - 3m�l.zr, PART CF SUBURBAN GARDENS FROM NCH THE CDMWENCNG ¢ ^rL' Y�^° a 2, PG 23-24 B.C.�'.R.j PaNr CITY OF PEARLAND GPS • �u� _ K, E I a (', 5 55 53 01 NO. T BEARS MO f/a'R 8'; -2 4 J(J 29i �. AVEENROROO /C 5 655301 E 560962 Ippy` 1: W 655835 29AP E. T. u E°rr.59 I`N SrgMPED C',.JAMS RPLS 4664 404...11"4.0 Si[N;fi �\ r'\�BBII �ir�' ° a`Pr wer roR� 'PKN) SE P L IN ASPHALT ,,,4µµ f 1 pewnlC D<CCUwry ap,p r (Tr) FN0.5 I R 4/T.DOT ALUMINUM CAP 1� `�?� r r. I (,)01-0,4,BC RTO BCDR BR ZORA OUNTY DEED RECORDS - Lo �I NOTES BEER BRAZORIA COUNTY OFFICIAL RECORDS ,l C_L OJE 1,:-.',, 15RW vnNO NG war 1.THE SURVEYOR HAS NOT ABSTRACTED THE SUBJECT BCPR BRAZORIA COUNTY PLAT RECORDS \V \'a 44� !/ , r—' C.L. DAVIS 8c CO. F OSw00C TEx.IS TT5,6 PROPERTY BUT HAS RE'�ED ON TOP RESULTS TTLE PO.B. POINT OF BEGINNNG ttV""yy11Y� p I� ]BI-ae]-9.sa SERVICES TO PROVOS DEED COPIES OF THE SLE.IECT R/W RIGHT-OF-WAY ,,4 ,,S,T%. f,t/ I LAND SURVEYING PROPERTY AND ADJO NERs. © AUALON r BRACE RD,."A"3 ```*A)_S O P i-e,/y'✓/ 2.THE BASIS OF BEARINGS SHOWN IS REFERENCED TO THE STANDARD LAND SURVEY TEXAS COORpINPTE SYSTEM OF 1983.SOUTH CENTRAL 5 UNDERGROUND uDLTIES SHOWN BASED ON CITY OF ,-i-_ i-.. \ `- Y�. ' 4464 ZONE. PEARILWO DRAWINGS A,((Hu,COMPANY BLOCK MAPS.FA, i1 FIELD TES TO ExISTING SURFACE FI%TURES. CONTRACTOR DATE C. L DAVIS R.PLS NU. 3.1768 ACRES OUT OF 3 THE ESENT TH OR ILI EOAT GROU SHOWN HEREON Is RESPONSIBLE FOR VE41FoAT10N OF UNDERGROUND ■HERESY CERTIFY THAT THIS SURVEY WAS MADE ON THE LOT 44, SECTION 10 UNLESS THESE NOT AT GROUND suRFACE LEVEL, UTILITIES, GROUND ON 10-03-2011 AND THAT THIS CRAE ALLISON RICHEY GULF COAST HOME UNLESS OTHERWISE NOTED. SUBSTANTIALLY AL SURVEYORS WITH THE CURRENT?EMAS SOCIETY 4 THE UTI,APPURTENANCES(Le P1 r 1es me s,.<)6 THIS sUmIEY PLAT IS ACCOMPANIED BY A SEPARATE METES OE PROCESSIONAL SURVEYORS STANDARDS AND COMPANY'S PART OF SUBURBAN GARDENS SHOWN HEREON ARE THOSE VISIBLE AT 1THC TIME OF AND 90LN05 DESCRIPTION PEA iE%A$BOARD OF SPECIFICATION5 FOR A CATEGORY 1B,CON01T10N,1 SURVEY, (VOL. 2, PG. 23-24 B.C.P.R.) SURVEY AND MAY NOT BE COMPLETE PROFEDURESL LAND SURVEYOR'S"GENERAL RILES OF PROCEDURES AND PRACTICES"SECTION 663 19(9) THIS CERTIFICATION IS REVOKED AND THE SURVEY NULL AND H.T. & B. R.R. Co. SURVEY, A-505 5 TRACT SHOWN HEREON SUBJECT TO CITY of PEARLAND VOID IF TH1s DOCUMENT IS ALTERED IN ANY MANNER,OR BRAZORIA COUNTY, TEXAS BUILDING ORDINANCE T.CAPPED RODS STAMPED C .OA.,R P.L.S.NO 4464 SUES NOT BEAR AN ORIGINAL SEAL ANC SIGNATURE OF THE SURVEYOR. DATE 10-07-260 1 SCALE. 1'=120'1 JOB NO 11-421-51 00-1,-421-51-DITCH-ES,HK, Exhibit B Resolution R2012-47 EXHIBIT"A" METES AND BOUNDS DESCRIPTION 3.1768 ACRES BEING OUT OF LOT 44 ALLISON RICHEY GULF COAST HOME COMPANY'S PART OF SUBURBAN GARDENS SECTION 10 H.T. & B. R.R. CO. SURVEY, ABSTRACT 505 PEARLAND, BRAZORIA COUNTY, TEXAS All that certain 3.1768 acres being out of Lot 44, Allison Richey Gulf Coast Home Company's Part of Suburban Gardens, Section 10 according to the plat thereof as filed in Volume 02, Page 23-24, Brazoria County Plat Records, Brazoria County, Texas and being out of that certain tract as described in a deed dated 04-24-2001 from George A. Benn, et ux. to Leonard S. Simmons, et ux. as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 01-019311 and being more particularly described by metes and bounds as follows (bearings based on Texas Coordinate System of 1983, South Central Zone); Commencing at City of Pearland GPS Monument No. 7 having published grid coordinates of N: 13,769,335.62, E: 3,138,911.25, from which Harris Galveston Coastal Subsidence District Monument No. 76 bears S 70° 56' 59" E— 12,627.53' for reference; Thence N 65° 53' 01" W— 5,609.62' to the POINT OF BEGINNING of herein described tract, said point also marking the northeast corner of Restricted Reserve "A", Avalon Terrace Section 3 according to the plat thereof as filed in Document Number 2007-014412 Brazoria County Official Records and said point also being located on curve to the left having a radius of 1,940.00' and a central angle of 04°26' 18"; 1. Thence with said curve and the proposed west right-of-way line of Max Road (County Road 108) and the east line of that certain 10' wide Brazoria County Municipal Utility District No. 16 Waterline Easement as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 2008-026659 an arc distance of 150.28' and a chord bearing and distance of N 00° 33' 18" W — 150.24' to a set 5/8" iron rod with cap (stamped C.L. DAVIS—RPLS 4464)marking the point of tangency; 2. Thence N 02° 46' 28" W continuing with said proposed west right-of-way line of Max Road and said 10' wide Brazoria County Municipal Utility District No. 16 Waterline Easement passing at 150.00' a set 5/8" iron rod with cap (stamped C.L. DAVIS — RPLS 4464) for reference and continuing a total distance of 229.20' to a point for corner; 3. Thence S 78° 52' 40" W — 151.59' along the approximate centerline of Hickory Slough to a point for corner; 4. Thence S 77° 26' 25" W — 866.98' continuing along the approximate centerline of Hickory Slough to a point for corner, from which a found 1/2" iron rod bears S 06° 21' 15" W—0.39' for reference; 5. Thence N 02° 50' 01" W—200.00' with the west line of said Leonard S. Simmons, et ux. tract and the common west line of said Lot 44 and the east line of Lot 19 of said Allison Richey Gulf Coast Home Company's Part of Suburban Gardens, Section 10 to a call and found 1" iron pipe for corner; I 1-421-51-HICKORY M&B.doc 6. Thence N 87° 16' 42" E with the south line of that certain tract as described in a deed dated 01-22-2004 from MHI Partnership, Ltd. to City of Pearland as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 2004-006629, passing at 1,021.23' a point marking the northwest corner of that certain Right-of-Way Easement as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 95-041648 and continuing a total distance of 1,063.90' to a point for corner; 7. Thence S 02° 50' 01"E—409.04' with the east line of said Lot 44 to a point for corner; 8. Thence S 87° 16' 03" W passing at 30.29' a found 1-1/4" iron pipe for reference and continuing a total distance of 65.58' to the POINT OF BEGINNING and containing 3.1768 acres (138,382 square feet) of land more or less. Contained within the above described 3.1768 acres (138,382 square feet), 0.3509 acre (15,285 square feet) is within the existing right-of-way of said Max Road. This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices" Section 663.19(9). Compiled by: C.L. Davis&Company 1.7 E OF Job Number: 11-421-51-HICKORY M&B.doc �i r eit 11/07/2011 e0:vo DAVIS 11-421-51-HICKORY M&B.doc