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Resolution No. 2842 RESOLUTION NO. 2842 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DETERMINING THAT A DRAINAGE EASEMENT CONTAINING APPROXIMATELY 0.0162 ACRES OF LAND AND A TEMPORARY CONSTRUCTION EASEMENT CONTAINING APPROXIMATELY 0.1007 ACRES OF LAND, IDENTIFIED AS PARCEL 39, IS NEEDED TO BE ACQUIRED FROM TW BAYTOWN REAL ESTATE, LLC, FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A DRAINAGE FACILITY AS A PART OF THE GARTH ROAD WIDENING PROJECT FOR THE CITY OF BAYTOWN, TEXAS; AUTHORIZING THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City Council of the City of Baytown now finds and determines that public convenience and necessity requires the City of Baytown to acquire a drainage easement over and across tracts of land containing approximately 0.0162 acres together with a temporary construction easement over and across tracts of land containing approximately 0.1007 acres, identified as Parcel 39, for the construction, operation, and maintenance of a drainage facility in the City of Baytown, Texas. A more specific description of said 0.0162 acre drainage easement is attached hereto as Exhibit "A" and a more specific description of said 0.1007 acre temporary construction easement is attached hereto as Exhibit "B" and made a part hereof(herein after the "Land"); and WHEREAS, the City of Baytown, through its duly authorized representatives, has negotiated with the owners of the Land for the purchase of same for the purpose stated herein and has been unable to agree with such owners as to the fair cash market value thereof and damages, i f any; and WHEREAS, the City Council of the City of Baytown has authorized the City Manager or his designee to make an offer to the owners of the Land for the purchase of same based upon its appraised value, and such offer has been made and the owner has refused to accept such final offer; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section I: That the facts and recitals set forth in the preamble of this resolution are hereby found to be true and correct. Section 2: That the City Council of the City of Baytown finds that a bona fide offer has been made by duly authorized representatives of the City for the acquisition of a drainage easement and temporary construction easement over and across the herein described Land, and that said offer was not accepted, and that the only way for the City of Baytown to acquire such interest in said tract of land is through the filing of eminent domain proceedings. Section 3: That the City Council hereby finds and determines that a public use and necessity exists for the City of Baytown to construct, operate, and maintain a drainage facility as part of the Garth Road Widening Project, and to acquire the necessary property rights in the 0.0162 acre drainage easement and 0.1007 acre temporary construction easement, deemed necessary for the Garth Road Widening Project, as allowed by law, together with all necessary appurtenances, additions and improvements on, over, under, and through those certain lots, tracts or parcels of land. Section 4: The final offer heretofore made to the owner for the purchase of the Land is in all things hereby ratified and confirmed. Section 5: The City Attorney, or his designee, is hereby authorized to bring eminent domain proceedings on behalf of the City of Baytown under applicable provisions of law, whether provided by§251.001 of the Texas Local Government Code,as amended, Chapter 21 of the Texas Property Code, or by any other provision of law, against the owner or owners of the Land, to-wit: TW Baytown Real Estate, LLC, or against the real and true owner, owners, claimant, or claimants if TW Baytown Real Estate, LLC, is said not to be the owners of the Land. Section 6: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 27"' day of April, 20 BRANDON CAPETILLO, Mayor A(: ��F 9PYTOIMy T� ANGELA CKS 'I. City Clerk APPROVED AS O F a — SCOTT LEMO D, City Attorney RAKaren AndersonVRESOLUTIOWCITY COUNCIL\2023`2023.04.27,GarthRoadwidening-ResolutionAuthorizingEminentDomain.docx EXHIBIT A W.C.R.R. Co. Survey_ Parcel: 39-D.E. Abstract No. 899 0.0162 Acre (704 Sq. Ft.) Han-is County, Texas Page No. I of 2 Metes and Bounds Description Being a 0.0162 acre (704 square feet) parcel of land situated in the W.C.R.R. Co. Survey. Abstract No. 899, Hams County, Texas, and being out of and a part of Lot 1, Block 1 of Highland Farms No. 1 Minor Replat, a Plat recorded under Film Code Number (F.C. No.) 686662, Harris County Map Records (H.C.M.R.)and further being out of and a part of a tract described in a Special Warranty Deed dated October 26, 2020 conveyed from Vaquero Baytown Partners, LP to TW Baytown Real Estate LLC and recorded under Harris County Clerk's File Number(H.C.C.F. No.) RP-2020-518260, of the Official Public Records of Real Property Harris County (O.P.R.O.R.P.H.C.), Texas. Said 0.0162 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod with cap having Coordinates of N:13,857.048.32 & E: 3,243,402.18 found on the south line of a Residue of a called 126.735 acres tract conveyed to Garth-Archer, Charles H. Grube,Ltd recorded under H.C.C.F. No. D806833, same also being a common exterior comer of the existing east R.O.W. line of Garth Road (R.O.W. Varies) recorded under Volume (Vol.)7. Page (Pg.)60, Vol. 10, Pg. 47, H.C.M.R., and Vol. 823, Pg. 354, of the Harris County Deed Records (H.C.D.R.) and H.C.C.F. Nos. F560510 and F804908, and the northwest comer of said Lot 1 of Highland Famis No. 1 Minor Replat, and the herein described parcel, from which TxDOT Monument H-17 bears North 00' 07' 57" West-5.230.41 feet: LI THENCE. North 77' 42' 08" East, along the common south line of said Residue of a called 126,735 acres tract and the north line of said Lot I of Highland Farms No. 1 Minor Replat, a distance of 23.45 feet to a point for the northeast comer of the herein described parcel; L2 TIIENCE, South 08' 25' 53" East, departing the common south line of said Residue of a called 126.735 acres tract and the north line of said Lot 1 of Highland Fanns No. I Minor Replat, over and across said Lot 1 of Highland Farts No. 1 Minor Replat, a distance of 30.07 feet to a point for the southeast comer of the herein described parcel; L3 THENCE. South 77° 42' 08" West, continuing over and across said Lot I of Highland Famts No. 1 Minor Replat, a distance of 23.45 feet to a point on the existing east R.O.W. line of said Garth Road and the west line of said Lot 1 of Highland Farms No. 1 Minor Replat, for the southwest comer of the herein described parcel; L4 THENCE, North 08' 26' 34" West, along the existing east R.O.W. line of said Garth Road and the west line of said Lot 1 of Highland Farms No. 1 Minor Replat, a distance of 30.07 feet to the POINT OF BEGINNING and containing 0.0162 acre (704 square feet)of land. W.C.R.R.Co. Survey Parcel: 39-D.E. Abstract No. 899 0.0162 Acre(704 Sq. Ft.) Harris County,Texas Page No. 2 of 2 All Bearings and distances are based on Texas Coordinate System. South Cenral Zone.NAD 83 (2011 Adjustment) Epoch 2010.00.Texas South Central Zone 4204. All distances are in Surface. All coordinates shown hereon are Grid vahies and may be converted to Surface values by multiplying by the combined scale factor of 1.0001 1. All measurements are in U.S. Survey Feet. A parcel plat of even date was prepared in conjunction with this property description. Compiled By: Shaheen C•howdhurv. R.P.L.S. ...... - .: Registered Professional Land Surveyor ;. z ,. Texas Reg. No. 5858 Rau&Associates,Inc. 10300 Westoffice Drivc. Suite ROO Houston,TX 77042 Ph.: (713)975-8769 TBPLS Firm Registration No. 10075600 Original Issued Date: February 11.2022. Revision 1: March 1.2022. :'Added Center Line � lug �M1+ GARTH RO. =�Ytl61+ bo"'6'n xSLl'E.'N \ tl I I •d¢f� if Ca g"zz §s nE ✓IA 'KS( II k'':1 :3'. I e x= Sug: sp�E, ey a 'i c - Fgx� I II 3Y$$CCC4 'i I � I 5 i 'I F fi-C 5 lSf: r fi r ;aE�! CYE yF rPop.; EIrO 1 �xg"gRg�R� i ! ''! .&d:Bga�6rPpm 9r; `a" $,• �, , F. .° s YSi pis •f { k�A� e. • �tr�a: 6 �c� rrtp 435� LL ] a l (•' 66C ai 4 13L $ R gg � f� a �� Fy„ '" YY. = .e.� fi •d E -.Y'i �. r�$ � SN CITY OF BAYTOWN ...._ Kimley '>>Horn •" r GARTH RD PHASE A 8 e �- RECONSTRUCTION `-"' - � EXHIBIT B W.C.R.R. Co. Survey Parcel: 39-T.C.E. Abstract No. 899 0.I007 Acre(4,386 Sq. Ft.) Harris County. Texas Page No. 1 of 2 Metes and Bounds Description Being a 0.1007 acre (4,386 square feet) parcel of land situated in the W.C.R.R. Co. Survey, Abstract No. 899, Harris County, Texas, and being out of and a part of Lot I, Block I of Highland Famts No. 1 Minor Replat, a Plat recorded under Fihu Code Number (F.C. No.) 686662, Harris County Map Records(H.C.M.R.)and further being out of and a part of a tract described in a Special Warranty Deed dated October 26, 2020 conveyed from Vaquero Baytown Partners, LP to TW Baytown Real Estate LLC and recorded under Harris County Clerk's File Number(H.C.C.F. No.) RP-2020-518260,of the Official Public Records of Real Property Harris County (O.P.R.O.R.P.H.C.), Texas. Said 0.1007 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a I%2-inch iron rod with cap having Coordinates of N:13,856,828.27 & E: 3.243.434.74 found on the existing east R.O.W. line of Garth Road(R.O.W. varies)recorded under Volume (Vol.) 7. Page (Pg.) 60, Vol. 10. Pg. 47, H.C.M.R., Vol. 823, Pg. 354. of the Harris County Deed Records (H.C.D.R.) and H.C.C.F. Nos. F560510 & F'804908, sane also being the common northwest comer of Lot 2. Block 1 of Highland Fames No. 1 Minor Replat, a Plat recorded under F.C. No. 686662, H.C.M.R., being the same tract conveyed to ARZ Real Estate Holding, LLC recorded under H.C.C.F. No. RP-2020-288636 and the southwest comer of said Lot l of Highland Farms No. I Minor Replat and the herein described parcel. from which TxDOT Monument H-17 bears North OW 28' 15" West- 5,450.84 feet; L5 THENCE. North OK 26' 34" West, along the existing east R.O.W. line of said Garth Road and the west line of said Lot 1 of Highland Farts No. I Minor Replat, a distance of 192.61 feet to a point for the northwest comer of the herein described parcel; Departing the existing east R.O.W. line of said Garth Road and the west line of said Lot 1 of Highland Faris No. I Minor Replat, over and across said Lot l of Highland Farms No. 1 Minor Replat,the following courses: L6 THENCE, North 77= 42' 08" East, a distance of 12.41 feet to a point for the northeast comer of the herein described parcel; L7 THENCE, South 08' 25' 53" East, a distance of 67.77 feet to a point for an interior comer of the herein described parcel; L8 THENCE, North 81' 34' 07" East, a distance of 27.18 feet to a point for an exterior comer of the herein described parcel: L9 THENCE, South 08' 25' 53" East, a distance of 56.01 feet to a point for an exterior comer of the herein described parcel: L10 THENCE. South 81` 34' 07" West, a distance of 9.18 feet to a point for an interior comer of the herein described parcel: W.C'.R.R.Co. Serve% Parcel: 39-T.C.E. Abstract No. 899 0.1007 Acre(4.386 Sq. Ft.) Harris Count).Texas Page No. 2 of 2 11,11 THENCE; South 080 25' 53" East, a distance of 39.26 feet to a point for an exterior corner of the herein described parcel. L12 THENCE, South 770 38' 16" West, it distance of 27.06 feet to a point for an interior corner of the herein described parcel: L13 THENCE. South I I° 13' 29" East, a distance of 28.59 feet to a point on the common north line of said Lot 2 of Highland Farms No. I Minor Replat and the south line of said Lot I of Highland Farms No. I Minor Replat, for the southeast corner of the herein described parcel: L14 THENCE, South 810 33' 30" West. along the common north line of said Lot 2 of Highland Fanns No. 1 Minor Replat and the south line of said Lot I of Highland Farms No. 1 Minor Replat• it distance of 4.74 feet to the POINT OF BEGINNING and containing 0.1007 acre(4,386 square I•cet)of land. All bearings and distances are based rrn Texas Coordinate System, South Central Zone.NAD 83(2011 Adjustment)Epoch 2010.00.Texas South Central Zone 4204. All distances are in Surface. All coordinates sho%en hereon are Grid values Laid may be concerted to Surface values by multiplying by the combined scale factor of 1.00013. All measurements are in U.S. Sunev Feet. A parcel plat of even date wns prepared in conjunction ccith this property description. Compiled � By: , Shaheen Choedltury.R.P.L.S. %:' L. ° '•.�✓. Reg I� istered Professional Land Surveyor ,... .�,II_LI 'J' ,.L.'.,: Texas Reg.No. i858 ................... Koo&Associates, Inc. 0 SUR 10300 Westollicc Drier. Suite 800 Houston. FX 77042 Ph.:(713)975-8769 TBPI S Firm Registration No. 10075600 Original Issued Date: February 11,2022. Rec ision l: March 1.2022. Added Center Line 9— — — GARTH RD. `�axET ... •.K.ve � �6n MI.IT — .d _. Of Eas J .ti ly'; •II a� I I ' JI 6F y�n• • y AA }nE I I g i 4 I e�5V 3 I 4 ''I I I E ` iF1 j•; 1 tE a ti �•F. a• 'c 1 a; d .1 E ! I �I y i La SyJ i, ;: c5 Eat i s3;fix •C c ] 3 1 Kimley>»Horn CITY OF BAYTOWN .�••. .•. .. GARTH R.D PHASE A 6 8 RECONSTRUCTION "