HomeMy WebLinkAboutR-2013-191 2013-11-25RESOLUTION NO. 2013-191
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, BEING 1.536
ACRES OUT OF LOT 2, GEORGE W. JENKINS SUBDIVISION OF THE
W.D.C. HALL LEAGUE, VOLUME 79, PAGE 616 OF THE W.D.C. HALL
SURVEY, ABSTRACT 70, PEARLAND, BRAZORIA COUNTY, TEXAS,
FOR THE CONSTRUCTION AND MAINTENANCE OF ROAD DRAINAGE
AND UTILITY 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, drainage and
utility 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 simple title interest to certain property for the
construction of road, drainage and utility 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, drainage and utility
improvements on certain real property located in Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition of the
fee simple title interest to 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.
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
RESOLUTION NO. 2013-191
acquire the property, described in Exhibits "A" and "B", either by donation, purchase or the
exercise of the power of eminent domain.
PASSED and APPROVED on this the 25th day of November, A.D., 2013.
ATTEST:
�an.t.i% 1.
M IA E. RODRIGUEZ
UTY CITY SECRETAR IA E. RODRIGUEZ
D UTY SECRETAR
APPROVED AS TO FORM:
G�
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
PARCEL 3, PEARLAND PARKWAY
RESOLUTION NO. R2013-191
Exhibit "A"
August, 2012
Parcel 3
Page 1 of 5
EXHIBIT
County: Brazoria
Highway: Pearland Parkway
Project Limits: Oiler Drive to Dixie Farm Road
RCS) No. xxxx-xx-xxx
Property Description for Parcel 3
BEING a 1.536 acre (66,900 square feet) parcel being out of Lot 2, George W. Jenkins
Subdivision of the W. D. C. Hall League, according to the plat thereof as filed in Volume 79,
Page 616 Brazoria County Deed Records in the W.D.C. Hall Survey, Abstract No. 70, Brazoria
County, Texas, and being a portion of that certain residue of called 45.5143 acre tract as
described in a deed dated 12-26-2002 from Edwin Barnes, executor of the Estate of Alma Barnes
Snyder to Oakbrook Estates, Ltd. as filed in the Official Records of Real Property of Brazoria
County at Clerk's File Number 03-003446 and being more particularly described by metes and
bounds as follows:
POINT OF BEGINNING at a found 5/8 inch iron rod marking the common south corner of said
residue of called 45.5143 acre Oakbrook Estates, Ltd. tract and the east comer of that certain
called 9.954 acre tract as described in a deed dated 08-03-2004 from Quinton and Wanda
Jamison to City of Pearland as filed in the Official Records of Real Property of Brazoria County
at Clerk's File Number 2004-049201;
NOTE: The POINT OF BEGINNING of this property has surface coordinates N: 13,760,793.61
and E: 3,160,535.05. All bearings and coordinates are based oti the Texas State Plane
Coordinate System, South Central Zone, North American Datum of 1983, 1993 Adjustment. All
distances and coordinates shown are surface and may be converted to grid by dividing a
combined adjustment factor of 1.00013.
1, THENCE, North 48° 13' 29" West with the proposed southwest right-of-way line of
Pearland Parkway (width varies) and with the common southwest line of said residue of
called 45.5143 acre Oakbrook Estates, Ltd. tract and the northeast line of said called 9,954
acre City of Pearland tract a distance of 461,53 feet to a 5/8 inch iron rod with cap stamped
C.L. DAVIS-RPLS 4464 set for corner. said point also marking the south corner of that
certain residue of called 4.871 acre tract as described in a deed dated 05-25-2004 from
Oakbrook Estates to Brazoria County Drainage District Number 4 as filed in the Official
Records of Real Property of Brazoria County at CIerk's File Number 2004-031248;**
11-421-91-parta 31XD6T M&B.do,
dtalUINIMI
PAGE C.2
PARCEL 3, PEARLAND PARKWAY
August, 2012
Parcel 3
Page 2of5
EXHIBIT
2, THENCE, North 41° 41' 07" East, with the common southeast line of said residue of called
4.871 acre Brazoria County Drainage District Number 4 tract and the northwest line of said
residue of called 45.5143 acre Oakbrook Estates, Ltd. tract, a distance of 159.88 feet to a 5/8
inch iron rod with cap stamped C.L. DAVIS-RPLS 4464 set for comer;**
3. THENCE, South 42° 00' 05" East, along the proposed northeast right-of-way line of
Pearland Parkway (width varies), a distance of 122.97 feet to a 5/8 inch iron rod with cap
stamped C.L. DAVIS-RPLS 4464 set marking the beginning of a curve to the left;**
4. THENCE, along the proposed northeast right-of-way line of Pearland Parkway (width
varies), and with said curve to the Left, having a radius of 940.00 feet and a central angle of
06° I7' 28', an arc distance of 103.21 feet, a chord bearing South 450 08' 49" East and a
chord distance of 103.16 feet to a 5/8 inch iron rod with cap stamped C.L. DAVIS-RPLS
4464 set marking the point of tangency;1
5. THENCE, South 48° 17' 33" East, continuing along the proposed northeast right-of-way line
of Pearland Parkway (width varies), a distance of 221.22 feet to a 5/8 inch iron rod with cap
stamped C.L. DAVIS-RP1S 4464 set for comer, said point also marking the westerly end of
a cut-back corner located at the intersection of the proposed northeast right-of-way line of
Pearland Parkway (width varies) and the existing northwest right-of-way line of Dixie Farm
Road (120 feet wide);'*
6. THENCE, North 86° 40' 48" East, with said cut-back corner a distance of 21.20 feet to a 5/8
inch iron rod with cap stamped C.L. DAVIS-RPLS 4464 set for corner, said point also
marking the easterly end of said cut-back corner;*"
7. THENCE, South 41° 39' 09" West, along the existing northwest right-of-way line of Dixie
Farm Road (120 feet wide) as established by that certain deed as filed in the Official Records
of Real Property of Hrazoria County at Clerk's File Number 2004-023186 a distance of
15628 feet to the POINT OF BEGINNING and containing 1.536 acre (66,900 square feet) of
land.
Surveyed on the ground in July, 2012
A parcel plat of even date was prepared in conjunction with this property description.
** 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'fxDOT,
Access will be permitted to the remainder property abutting the highway facility
11421-91,Paroet 3 na,o'r MaB.doc
PAGE C.3
PARCEL 3, PEARLAND PARKWAY
August, 2012
Parcel 3
Page 3of5
EXHIBIT
I, C. L. Davis, a Registered Professional Land Surveyor, do hereby certify that the property
description hereon and the accompanying parcel plat of date represent an actual on the ground
survey made by me or under my supervision.
C. L. Davis Date
Texas R.P.L.S. #4464
Compiled by: C.L. Davis & Company
1500 Winding Way
Friendswood, Texas 77546 Phone: 281-482-9490
11-42191-R1,re; 3 TXTX)T �"4GR.dcc
PRELIMINARY
PAGE C.4
NOTES:
1. THE SURVEYOR HAS NOT ABSTRACTED
THE SUBJECT PROPERTY BUT HAS
RELIED ON ABSTRACT SERVICES OF
HOUSTON TO PROVIDE DEED COPIES OF
THE SUBJECT PROPERTY AND
ADJOINERS.
2. ALL BEARINGS AND COORDINATES ARE
BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTE11, SOUTH CENTRAL
ZONE, NORTH AMERICAN DATUM OF
1983, 1993 ADJUSTMENT. ALL
DISTANCES AND COORDINATES SHOWN
ARE SURFACE AND MAY BE CONVERTED
TO GRID BY DIVIDING BY A COMBINED
ADJUSTMENT FACTOR OF 1.00013.
3. THE BUILDINGS OR IMPROVEMENTS
SHOWN HEREON REPRESENT THE
OUTLINE AT GROUND SURFACE LEVEL
UNLESS OTHERWISE NOTED.
4. THE UTILITY APPURTENANCES (i.e.,
utility poles, inlets, etc.) SHOWN
HEREON ARE THOSE VISIBLE AT THE
TIME OF SURVEY AND MAY NOT BE
COMPLETE.
5. TRACT SHOWN HEREON SUBJECT TO
CITY OF PEARLAND BUILDING
ORDINANCE.
6. A PROPERTY DESCRIPTION OE EVEN
DATE WAS PREPARED IN CONJUNCTION
WITH THIS PARCEL PLAT.
AM. PUT OF
OAKBtROOK ESTATES
SECTION EIGHT
PARKWAY
SUBJECT
TRACT
0
or
SURVEY EINE
P.O.B.
PARCEL TAKING
SUBJECT TRACT
NOT TO SCALE
PRELIMINARY
4464
LEGEND
(s)
SET 5/8"IRON ROD w/CAP STAMPED
"C.L DAVIS RPtS 4464
(c) FOUND 5/8•WON ROD w/CAP STAMPED
"COBB FINLEY "
(SC) FOUND 5/8"IRON ROD w/CAP STAMPED
"SURVCON
—e___-
--iiF—
BCDR
BCOR
BCPR
BCCR
P.O.B.
R.O.W,
DATE C. L. DAVIS R.P.LS. No.
•. THE MONUMENT DESCRIBED AND SET MAY BE REPLACED WITH A NDOT 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 I%COT.
PROPERTY UNE
PROPOSED RICHT-OF-WAY LINE
ACCESS DENIAL UNE
BRAZORIA COUNTY DEED RECORDS
BRAZORIA COUNTY OFFICIAL RECORDS
BRAZORIA COUNTY PLAT RECORDS
BRAZORIA COUNTY COURT RECORDS
POINT OF BEGINNING
RIGHT-OF-WAY
DATE
REVISION
AREA TABLE (ACRES)
EXISTING TAKING REMAINDER
AC./S. F. LEFT
66,900
RIGHT
5.119 1.536 3.583
rND C.L. DAVIS & CO.
LAND SURVEYING
1500 WINDING WAY
FRIENDSW00D, TEXAS 77546
281-482-9490
PARCEL PLAT
SHOWING
PARCEL 3
PEARLAND PARKWAY
BRAZORIA COUNTY
ROW CSJ: XXXX-XX-XXX
DATE: AUGUST, 2012
PAGE 4 OF 5 SCALE NTS
1)
D
G)
rn
0
.IVM)1 Vd ONV1 V3d 'E 1202:IVd
1
1
LOT 1 VI"
$l_
8g
rxl
LOT 2
GEO W. JENKINS SUBDIVISION
OF THE W.D.C. HALL LEAGUE
(VOL 79, PG. 616 B.C.D.R.)
EST BUSHED 9Y PaA14 PRELIMINARY
(2004-023186
RESIDUE
@Y CALLED 45.5143 AC.
• EDWIN BARNES, EXECUTOR
0'0.J ESTATE OF ALMA BARNES SNYDER
00 AP TO
ir't OAKBROOK ESTATES, LTD.
(03-003446 B.C.O.R.)
(S).. 12-26-2002
(s)$*
59+61.26
61.92'LT
L1
60+85.38
61.76"LT
(S)r.
61+94.14
C f / 60.0017 L2
§ i
rsi
St 3
1 42'00'05
7
6 60+00
PROPOSED R.O.W.
(S)..
64+15.36
59.99'17
PROPOSED
PEARLAND PARKWAY
J
L-i�iil JD.0 N"�'_�c�(sty x-30
NE LIE GEO C. SMITH S
L(S).. A-551
59+78.85, 96.99'RT
20' RICHT Of WAY & EASEMENT
SOUTH TEAS PfPE11NE COMPANY
(VOL. 1486, PC. 371 BCDR)
ALSO SEE (v.1488, P.239 & V.1443, P.152 OCOR)
(SURVEYOR USED PIPELINE MARKERS WHERE
NECESSARY TO LOCATE EASEMENT DUE TO
MANGUTDI3 94 LEGAL DESCRIPTION)
URVEY L5
CALLED 9.954 AC.
OUINTON AND WANDA JAMISON
TO
CITY OF PEARLAND
(2004-049201 B.C.O.R.)
08-03-2004
GEO C. SMITH SURVEY
A -5B1
LOT 163
W. ZYCHUNKSI'S SUBDIVISION OF SECTION 28
H.T. & 8. R.R. Co. SURVEY. A-551
(VOL 29, PG. 9 B.C.D.R.)
LINE
BEARMIG
DISTANCE 1
L7
S 4200'05" E
122.97'
L2
s 48'77:33" E
221.22'
L3
N 86'40'48" E
21.20'
L4
S 41'39'09" W
116.28'
L5
N 48'13329" W
467.53'
L6
N 41'41'07" E
159.88'
SURVEY UNE
PROPOSED R.O.W.
CURVE
RADIUS
DELTA ANGLE
ARC LENGTH
CHORD BEARING
CHORD LENGTH
C7
940.00'
6'1728"
103.27'
S 45'08'49" E
f03.16'
8
W �^
0
(S)..
64+30.35
74.99'1T
S48'17'38'E
• 65+00
q
2
RESIDUE CAUEO
4.871 ACRES
OAKBROOK ESTATES
TO
BRAZORN COUNTY
DRMNAGE DISTRICT No. 4
(2004-031248 B.C.O.R.)
05-25-2004
CALLED 28.274 ACRES
EDWIN BARNES
TO
clrr of PEARLAND
(2005045500 B.C.O.R.)
08-03--2005
0
SCALE:
100
F--+ I
1 "=100'
END PROJECT
BASELINE
67+65.05
RESIDUE
fLETA HILL INDMIDUALLY AND AS
INDEPENDENT EXECUTRIX
P.O.B. TO
FND.5/8'IR"x
64+30.50, 81.29'RT
N: 13,750,793.51
E: 3,180,535.05
BASELINE CURVE DATA
PI STA=61+21.73
R=1,000.00'
D=06'17'33'
L=109.83'
T-54.97'
LC=109.77'
CB=S 45'08'51' E
PC STA=60+66.82
PT STA=61+76.64
PI N-13,761,05936
PI 0-3,160,358.58
HILL SAND COMPANY, INC.
(95-040558 8.C.0.R.)
12-05-1995
C.L. DAVIS & CO.
'fl LAND SURVEYING
1500 WINDING WAY
FRIENDSWOOD, TEXAS 77546
281-482-9490
PARCEL PLAT
SHOWING
PARCEL 3
PEARLAND PARKWAY
BRAZORIA COUNTY
ROW CSJ: XXXX-XX-XXX
DATE AUGUST, 2012
PAGE 5 OF 5 SCALE: 1 - 100'
{
AVM)add QNVRd � 1A02!`dd