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R-2016-013 2016-01-25RESOLUTION NO. 2016-13 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 a 0.1527 of one acre (6,652 square feet) parcel of land located in the H.T.& B. R.R. Co. Survey, Abstract No. 310, Brazoria County, Texas and being out of and a part of the Northeasterly corner of Lot 33, Block 1 of the ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVSION, a subdivision per plat or map recorded in Volume 2, Page 107, Brazoria County Map Records (B.C.M.R.), for the construction and maintenance of water, sewer, drainage and road improvements (Hughes Ranch Road Project) 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 water, sewer, drainage and road 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 title 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 water, sewer, drainage and 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 Brazona 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 acquire the property interest, described in Exhibits "A" and "B", either by donation, purchase or the exercise of the power of eminent domain. RESOLUTION NO. 2016-13 PASSED and APPROVED on this the 25'" day of January, A.D., 2016. ATTEST: NG L Y SEC ' TARY APPROVED AS TO FORM. DARIN M. COKER CITY ATTORNEY ;1416f1°° (, Et Z3 . /e%'Yl TONf1�EID MAYOR Resolution No. R2016-13 Exhitib "A" Parcel 10 Page 1 of 3 County: Brazoria Roadway: County Road 403 (Hughes Ranch Road) Limits: SH 288 to FM 865 (Cullen Blvd.) Property Description For Parcel 10 Being a 0.1527 of one acre (6,652 square feet) parcel of land located in the H.T.& B. R.R. Co. Survey, Abstract No. 310, Brazoria County, Texas and being out of and a part of the Northeasterly corner of Lot 33, Block 1 of the ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVSION, a subdivision per plat or map recorded in Volume 2, Page 107, Brazoria County Map Records (B.C.M.R.).and comprising a 0.086 of one acre portion of that tract described as 0.898 of one acre in the County Road 403 abandonment per Brazoria County Commissioner's Court dated August 19, 1985 and recorded in Volume (85)175, Page 155, Brazoria County Deed Records (B.C.D.R.) and the Northerly residue of a tract described as 97.514 acres in a conveyance to Jerome G. Kemick and Verona K. Orlando and recorded in Volume 1127, Page 859, B.C.D.R., said 0.1527 acre parcel being more particularly described by metes and bounds as follows: COMMENCING at a point in the East right-of-way line of Northhampton Drive (100 feet width) for the Southwest corner of Lot 1, Block 11 of SOUTHDOWN SECTION THREE, a subdivision per plat or map recorded in Volume 17, Pages 153 — 154, B.C.M.R., same being the Northwest corner of said 0.898 acre tract from which a 1/2 inch iron rod bears North 10° 17' 27" West, 0.90 feet, thence as follows: North 86° 53' 13" East, along and with the South line of said Lot 1, same being the North line of said 0.898 of one acre tract, a distance of 79.40 feet to a point in the West line of SOUTHDOWN SECTION EIGHT, a subdivision per plat or map recorded in Volume 20, Pages 35 36, B.C.M.R. for the Southwest corner of Lot 1, Block 3 of said SOUTHDOWN SECTION EIGHT, same being the Southeast corner of said Lot 1, Block 11 of said SOUTHDOWN SECTION THREE, same further being the Northwest corner of Landscape Reserve "A" of said SOUTHDOWN SECTION EIGHT; Parcel 10 Page 2 of 3 South 03° 06' 47" East, along and with the West line of said Landscape Reserve "A", same further being an interior East line of said 0.898 of one acre tract, at a distance of 35.00 feet pass the Northwest corner of a 5 feet wide Drainage Reserve along the South line of said SOUTHDOWN SECTION EIGHT, same being the Southwest corner of said Landscape Reserve "A", at a distance of 35.85 feet pass a 5/8 inch iron rod stamped "Brown & Gay" set marking an angle point in. the proposed north right-of-way line of said County Road No. 403, also known as Hughes Ranch Road (width varies), continuing for a total distance of 40.00 feet to a 5/8 inch iron rod stamped "Brown & Gay" set marking an angle point in said proposed North right-of-way line, same being the Southwest corner of said 5 feet wide Drainage Reserve, same further being the POINT OF BEGINNING and the common Northwest corner of said 0.086 of one acre tract and the herein described parcel from which a 5/8 inch iron rod bears North 58° 14' 40" East, 0.37 feet, said POINT OF BEGINNING having surface coordinates of X=3,124,445.43, Y=13,774,859.59; 1. THENCE, North 86° 53' 13" East, along and with the proposed North right-of-way line of said County Road No. 403, same being the South line of said 5 feet wide Drainage Reserve, same further being the common North line of said 0.0086 of one acre tract and said 0.898 of one acre tract, a distance of 195.06 feet to a 5/8 inch iron rod stamped "Brown & C -ay" set marking the Northwest comer of a tract described as 2.4803 acres on a conveyance to Jui-Lien Chou Ho and Ming Tao -Ho recorded under Brazoria County Clerk's File (B.C.C.F.) No. 98008138 and dated February 25, 1998 for the common Northeast comer of said 0.086 of one acre tract and the herein described parcel; 2. THENCE, South 03° 20' 21" East, along and with the West line of said 2.4803 acre tract, same being the East line of said 0.0086 of one acre tract, at a distance of 20.00 feet pass the South line of said abandoned County Road 403, same being the Southeast corner of said 0.0086 acre tract from which a 4 inch x 4 inch broken concrete monument bears North 41° 16' 58" West, 0.50 feet, continuing for a total distance of 61.54 (called 62.15 and 62.51) feet to a point in the existing North right-of-way line of said County Road No. 403 for the Southwest corner of said 2.4803 acre tract, same being the common Southeast corner of said Northerly residue tract and the herein described parcel from which a 5/8 inch iron rod with "South Texas Surveying" cap bears North 50° 31' 49" East, 0.38 feet; 3. THENCE, North 76° 21' 12" West, along and with the existing North right-of-way line of said County Road No. 403, a distance of 83.78 (called 85.33) feet to the Point of Curvature of a curve to the left; Parcel 10 Page 3 of 3 4. THENCE, in an Northwesterly direction, along and with the existing North right-of- way line of said County Road No. 403, same being the Arc of said curve to the left, having a Radius of 2,456,46 feet, a Central Angle of 02° 45' 27", a Long Chord which bears North 79° 53 55" West, 118.21 feet and a total Arc Distance of 11822 feet to an angle point in said existing North right-of-way line, same being the Southwest corner of the herein described parcel; 5. TJJ.ENCE, North 03' 06' 47" West, along and with the existing North right-of-way line of said County Road No, 403, a distance of 1036 feet to the POINT OP BEGINNING and coutajning 0.1527 of one acre 0,652 square feet) of land. All bearin' .gs are grid and are based on the Texas State .lane Coordinate System, South Central Zone, (NAD '83, 193 Adj). All coordinates and distances are surface and 'may be converted to gid by Multiplying by a scale factor of 0,99987330. Compiled by: Brown c Gay Engineers, Inc. 10777 Westheimer, Suite. 400 Houston, Texas 77042 (281.) 558-8700 TBPLS Licensed Surveying Firm No. 10106500 ..";.* fs‘ "Pr ri;t4 MAW F.1§±1.2,ri 9 -8c4;" .414g .if ,,fr i.' ,5-4-• NOTES: A survey plat of even date bas been prepared in conjunction with this property description. n:weO..1EC \ER2\uazoi\F:11ALS PaecnsPAR10 T5i21 /21115 4:30 eu. B.C. B.C.D.R. B.F. B.P. B.W. FND. NO. PEO. PG. P.O.B. P.O.C. P.P. R.O.W. SO. FT. TEL. TRANS. VOL ■ • 0 LEGNI) BRICK COLUMN BRAZORIA COUNTY OEED RECORDS BOARD FENCE BRICK PAVERS BRICK WALL FOUND IRON NUMBER PEDESTAL PAGE POINT OF BEGINNING POINT OF COMMENCING POWER PCLE RIGHT-OF-WAY SQUARE FEET TELEPHONE TRANSFORMER VOLUME SET 5/8 INCH IRON ROC WITH CAP STAMPED BROWN & GAY EXISTING MONUMENT AS NOTED FOUND (AS INDICATED) EXISTING R.O.W. LINE PROPOSED R.O.W. LINE IPARCf7. Ek1SIINa NUURFA ACREAGE 10 ;0.1527 AC. A R A TNIN 4X1 11. G N/A GENERAL NOTES: 1. BEARING ORIENTATION IS BASED ON THE TEXAS -COORDINATE SYSTEM, SOUTH CENTRAL ZONE 4204, NAO-83, t993 ADJ., AND WAS ESTABLISHED BY GPS OBSERVATIONS. ALL COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY K1ULTIPLYINC SURFACE COORDINATES BV THE FOLLOWING COMBINED SCALE FACTOR: 0.99987330. 2. A SEPARATE METES AND SOUNDS DESCRIPTION OF EVEN GATE WAS PREPARED BY THE UNDERSIGNED IN CONJUNCTION WITH THIS SURVEY PLAT AND ISSUED AS A SEPARATE INSTRUMENT. 'Ma% N/A. Lal H..& S. R.R. CO. SURVEY, A-310 OWNER ':' oNA 1i. t`0"LAI 00 I hereby certify thot this plot is hosed on o surrey mode on the ground under my supervision and to my knowledge is true and correct and substantially complies with the- minimum standards and speciFeotion of the rules established by the Texas Board .of Professional Lend Surveying. GLENN FISHER `t.. aF4146o��;0 rs,+ IYFE CF MA, CODE cONv GLENN•FISHER RPLS NO. 4146 BROWN & GAY ENGINEERS, INC. 10777 WESTHEINER, SUITE 400 HOUSTON, TEXAS 77042 TELEPHONE: (281) 558-8700 I�TAIO 0 I REUTAINQER l6F• LEro 111 tilekT 0.152 AG 1 N/A .1 N/A ; RE:IS10.4S: 05/04/15 - ADD ACREACE TA0,E & CiTY CCIAu ENS 04/1'/15 — UFDATED TOPO wm AcerA.....,e.u� am we.Y�.,.«. y.rs eeo Nw+:bl TX true Tr IA111%gW • w._hur4rmm 7 BPI. LkAns�7.'w�v l Fem 1Pe 10:11GSQ3 PARCEL FLAT PARCEL 10 C.R. 403 (HUGHES RANCH ROAD) H.T.& 8, R.R. CO. SURVEY, A-310 CITY OF PEARLAND BRAZORIA COUNTY, TEXAS Sedtr 1':.50' bb ern• Dole aro-L+9• 3053-00 02/2015 1 1 OF 2 Exhitib "B" \PRG£Cts\RR7\6RZ01V44A1.S\PARCELS\PARIO_R1 4.0. ]/21/201] 1 1P. 0.C. © PARCELS 10 END I8EARS NZ 1077 W. 0 90' N.O.C., INC. .'481 OF AN ACRE VOL. (8.1391. PC. 368, 8... D.R. FEBRUARY 27. 1987 COUNTY ROAD 403 ABANDONMENT — _ VOL. (85)175 PG. 155, B.C.O.R. 1� ST 19, 1985 STA 163+67,33 `QFF 57.11' L7 \7F to ditty P. 0.B. PARCEL 10 X=3124.445.43 Y=13,774,859.5• sr„a.urvow BEARS N 557440" E, � �2A 2 O3 50.;TNDO pG. 55 .35• B.0 M V 01 2.0' -LArSCAPE RESER /E "A" 1;7's5.,gf 504.4. e0 - ` � R /—EXISTING R.O.W. r� 0.1527 ACRES 1 JEROME G. KEMICK & VERONA K. ORLANDO 0.086 OF AN ACRE CO. ROAD 403 ABANDONMENT VOL. (85)175, PG. 155, B.C.O.R. AUGUST 19, 1985 RESIDUE OF 97.514 ACRES VOL. 1127 PC. 859 B.C.D.R. JULY 6, 1971 /8"L ROD —_ S 51 34 37 5, 1. 8' BEAR END 4"X4" L'ONCR£TE BEARS NNT 4175 5B W,TOPK0.EN50' _ I DIRER UNE TABLE //pp�R` N��6'. LLE 7Q a0' 03'06'47" F 35.85' L4 N 86'53'y I r]13 E 15 LS 0370'21" E L6 }li 7671'12" W L7 IN 03'06'4T W FND. 5/8" I. ROD W/SOUTN TEXAS SURVEYING CAP BEARS N 503149" E. 0.38' .v/rRA.vS. v� 1O EXIg7NG R.O.W PARCEL e.1527 AC./ 6.652 SO. FT ` 165+0p � _ I cu T f�F {n( Vptrc Ati. y�jNl z•,y�l�j1� nt R'. CHOP j�NC.F 11� 4 i TB.'11 A .d6' 145 27 (N Jy53'S1' 1 1 � V i y5.116' DISTANCE 61.54' /CALLED 62.15' & 62.51'1 83.78/(CALLED 85.33') 10.36' REVISJONS. 05/04/15 — ADD ACREAGE TABLE & CITY COMMENTS '4/15/15 — UPDATED TOPO Brown a 0.y Engineers, Mc. 10777 v*SNwyner, Surm 400. Hous o.t TX 770 (2 Tet 761.G93-15700 • www oro.tpay.cern iRPL'.I Yere•e Sunvyaq fanl No 10106500 PAROL PLAT PARCEL 10 C.R. 403 (HUGHES RANCH ROAD) H.T.& B. R.R. CO. SURVEY, A-310 CITY OF PEARLAND BRAZORIA COUNTY, TEXAS Stole. I Jot, No. I Dote: 1"=50' 3053-00 I 02/2015 Gowinq 2 OF 2 $41,11 00411111ok•144.� 4444049! - 4 42 4� 1 fM`llrrM*�►TMr h' 1 iMYC}1)14Mt. 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