R2017-023 2017-02-13RESOLUTION NO. 2017-23
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 2.409 acre (104,939 square feet) parcel of land
situated in the H.T. & B.R.R. Co. Survey, Abstract 234 in Brazoria
County, Texas, being out of Lot 30, Section 9 of Allison — Richie
Gulf Coast Home Company's Subdivision according to the map or plat
thereofrecorder under Volume 2, Page 23 of the Plat Records of
Brazoria County, Texas, said Lot 30 being conveyed to Hurst S.
Barbee by deed filed under Clerk's File Number 96-002907 (50%
interest) of the Official Public Records of Brazoria County, Texas for
the construction and maintenance of water, sewer, drainage and road
improvements (Max 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 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. 2017-23
acquire the property interest, 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 13th day of February, A.D., 2017.
ATTEST:
•
NG >iR ING
Y SE RETAR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
c
TOM REID
MAYOR
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Resolution No. R2017-23
Exhibit "A"
March, 2016
Parcel 2
Page 1 of 10
EXHIBIT A
County: Brazoria
Highway: Max Road
Project Limits: From F.M. 518 to Hughes Road
RCSJ; 0912-31-302
PROPERTY DESCRIPTION OF PARCEL 2
Being a 2.409 acre (104,939 square feet) parcel of land situated in the H.T. & B.R.R. Co.
Survey, Abstract 234 in Brazoria County, Texas, being out of Lot 30, Section 9 of
Allison — Richie Gulf Coast Home Company's Subdivision according to the map or plat
thereof recorder under Volume 2, Page 23 of the Plat Records of Brazoria County, Texas,
said Lot 30 being conveyed to Hurst S. Barbee by deed filed under Clerk's File Number
96-002907 (50% interest) of the Official Public Records of Brazoria County, Texas,
dated December 15, 1995 and by deed recorded under Volume 1129, Page 518 (50%
interest) of the Deed Records of Brazoria County, Texas, dated July 25, 1972, said 2.409
of one acre parcel being more particularly described by metes and bounds as follows:
COMMENCING from a 1 -inch iron rod found for the easterly corner of said Restricted
Reserve "C" of Block 2 of the Final Plat of Albertson's - Pearland according to the map
or plat thereof recorder under Volume 19, Page 719 of the Plat Records of Brazoria
County, Texas;
THENCE, South 87°18' 10" West along the northerly line of said Final Plat of
Albertson's - Pearland, in passing at a distance of 11.64 feet, a point for the southeasterly
corner of said Lot 30, in all a total distance of 569.16 feet to a 5/8 -inch iron rod with
GeoSury/TSC Surveying cap set for corner, being on the proposed easterly right-of-way
line of Max Road (proposed R.O.W. width varies) and being the southeasterly corner and
POINT OF BEGINNING of the herein described parcel, having the surface coordinates
ofN = 13,771,861.04 and E = 3,134,776.66;
THENCE, South 87°18'10" West (no call) along said northerly line of said Final
Plat of Albertson's - Pearland and continuing along the northerly line of Lot 31,
of said Section 9 of said Allison — Richie Gulf Coast Home Company's
Subdivision, a distance of 435.34 feet to a point for corner, being on the existing
right-of-way centerline of Max Road (existing 60 -foot width occupied, 40 -foot
road easement by virtue of Volume 19, Page 719 B.C.P.R. ), being of the
approximate westerly survey line of aforementioned H.T. & B.R.R. Co. Survey,
Abstract 234, being in the westerly line of aforementioned Section 9, being on the
easterly line of Section 10 of said Allison — Richie Gulf Coast Home Company's
Subdivision, being the northwesterly corner of said Lot 31, being the
southwesterly corner of said Lot 30 and being the southwesterly corner of the
herein described parcel;
March, 2016
Parcel 2
Page 2 of 10
EXHIBIT A
2.) THENCE, North 02°52'03" West (no call) along said existing right-of-way
centerline of Max Road, same being along said approximate westerly survey line
of said H.T. & B.R.R. Co. Survey, Abstract 234, same being along said westerly
line of sais Section 9 and being along said easterly line of said Section 10, a
distance of 437.00 feet to a point for corner, being the southwesterly corner of of
Lot 29 of said Section 9 of said Allison — Richie Gulf Coast Home Company's
Subdivision, being the northwesterly comer of said Lot 30 and being the
northwesterly corner of the herein described parcel;
3.) THENCE, North 87°18'10" East (no call) along the common line between said
Lot 29 and Lot 30, a distance of 89.94 feet to a to a 5/8 -inch iron rod with
GeoSurv/TSC Surveying cap set for corner, being on aforementioned proposed
easterly right-of-way line of aforementioned Max Road and being the
northeasterly corner of the herein described parcel;
4.) THENCE, in a southeasterly direction along a non -tangent curve to the left along
said proposed easterly right-of-way line of Max Road, having an arc distance of
328.08 feet, a radius of 444.00 feet, a central angle of 42°20' 13", a chord that
bears South 37°34'51" East, 320.67 feet to a 5/8 -inch iron rod with GeoSury/TSC
Surveying cap set marking the point of reverse curve and being and interior
corner of the herein described parcel;
5.) THENCE, in a southeasterly direction along a tangent curve to the right along
said proposed easterly right-of-way line of Max Road, having an arc distance of
240.61 feet, a radius of 536.00 feet, a central angle of 25°43'12", a chord that
bears South 45°53'21" East, 238.60 feet to the POINT OF BEGINNING and
containing an area of 2.409 of one acre (104,939 square feet) of land.
Area Within Exist.
/Occupied R.O.W.
Area of Proposed
Additional R.O.W.
Taking
AC./S.F.
0.301 AC.
2.108 AC.
2.409/104,939
This property description was prepared in conjunction with a parcel plat of the same date.
Access will be permitted to the remainder property abutting the highway facility.
Ground Surveying was completed in June, 2013.
March, 2016
Parcel 2
Page 3 of 10
EXHIBIT A
All bearings and coordinates are based on the Texas State Plane Coordinate System,
Central Zone, North American Datum of 1983 (NAD83), 2011 adjustment, Epoch
2010.00. All distances and coordinates shown are surface and may be converted to grid
by dividing by a combined adjustment factor of 1.00013.
The bearings and coordinates established for this project is tied to the TxDOT GPS
(VRS) Network.
Ct5"
Daniel Paul Coyer, R.P.L.S
Registered Professional Land Su or No. 4867
GeoSurv, Inc. Company d/b/a TSC Surveying
1710 S. Dairy Ashford Road
Houston, Texas 77077
(713) 784-4466 - Office
(713) 784-6900 — Facsimile
Texas Firm Registration No. 10083100
CURVE DATA TABLE
CURVE
NRC LENGTH
RADIUS
DELTA ANGLE
CHOR0 SEARING
CHORD LENGTH
C2
240.61'
536.00'
25.43'12"
9 45'53'21" E
2.30.60'
20-1
328.06'
444.00'
42.20'73"
S 37.34'51" E
320.67'
2C-2
240.61'
536.0D'
25.43'12-
S 45.53'21" E
238.60'
60' OCCUPIED R.O.W.
30'
30'
20'
20'
40' ROAD ESM'T
MAX ROAD R.O.W. DETAIL FOR BASE 60' OCCUPIED R.O.W. WIDTH
BY VIRTUE OF VOL. 19, PG. 719 B.C.P.R.
MAX ROAD DETAIL
N.T.S.
SET 5/8" LR. W/TxOOT ALUMINUM CAP
UNLESS OTHERWISE NOTED
END 5/8" I.R. W/TxDOT ALUMINUM CAP
SET 5/8" IR. W/CEOSURV/TSC SURVEYING CAP
UNLESS OTHERWISE NOTED
FOUND PROPERTY CORNER
UNLESS OTHERWISE NOTED
■
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0
0
O_
PARENT TRACT INSET PARCEL 2
N.T.S.
i
1
POINT
PROPERTY LINE
NOTES
0
1. ALL BEARINGS AND COORDINATES ARE BASED ON THE
TEXAS COORDINATE SYSTEM, SOUTH CENTRAL ZONE,
NORTH AMERICAN DATUM 1983, (2011 ADJUSTMENT/ EPOCH
2010.00. ALL DISTANCES AND COORDINATES SHOWN ARE
SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING
DY A COMBINED SCALE FACTOR OF 1.00013.
THE BEARINGS G COORDINATES ESTABLISHED FOR THIS
PROJECT IS TIED TO THE TXDOT CPS(VRS) NETWORK.
2.•.THE MONUMENT DESCRIBED AND SET MAY 86
REPLACED WITH A TXDOT TYPE HRIGHT OF WAY MARKER
UPON THE COMPLETION OF THE HIGHWAY CONSTRUCTION
PROJECT UNDER THE SUPERVISION OF A REGISTERED
PROFESSIONAL LAND SURVEYOR, EITHER EMPLOYED OR
RETAINED 8Y TXDOT.
3. PROPERTY DESCRIPTIONS OF EVEN DATE WERE MADE
IN CONJUNCTION WITH THIS MAP HAVING SAME DATE.
PAGE 4 OF ID
AREA WITHIN AREA OF PROP.
EXIST. R.O.W. ADD'L R.O.W.
0.301 AC. 2.108 AC.
EXISTING TAXING REMAINDER
ACRES ACRES/ S.F. ACRES
CALC. 104,939 7,544
9.953 2.409
PARCEL PLAT
SHOW$C PROPERTY OF
PARCEL 02
RCS,n 0912-31-302 RtAx ROW
TSC SURVEYING CO. BRAZORIA COUNTY
WRCH, 2016
SCALE' 1.50'
Apoismik
bb6kC
rn
ow
MAX ROAD, POINT }
30'
EXISTING R.O.W.
MATCHLINE "B"
MATCHLINE "A"
PARCEL 02
MATCHLINES LAYOUT
N.T.S.
PACE 5 OF 10
Gn
Mapping and Surveying
11$-A CArtrq.' L"o
1710 S. OARY ASHCORD, SLATE 200
HOUSTON. TEXAS 77077
TEL. 713-784.4066
TEXAS CORN REGSIRAT10N NO. 10083100
PARCEL PLAT
SHOWING PROPERTY OF
PARCEL 02
RCSJ: 0912-31-302 MAX ROAD
TSC SURVEYING CO.
BRAZORIA COUNTY
MARCH, 2016
SCALE: 1.50'
PARCEL 2
MAX ROAD
Aerial Photograph of Acquisition
AERIAL PHOTOGRAPH OF ACQUISITION
v.tt, SU B.JEC I
ct I
Es
Acquisition area is outlined in red.
(6)).AL
PAGE 4.2