R2017-024 2017-02-13RESOLUTION NO. 2017-24
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
0.4008 of one acre (17,460 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
27, 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, being out of the residue of said
Lot 27 to James F. Anthony and Wife, Eleanor Anthony by deed recorded
under Volume 667, Page 325 of the Deed 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 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. 2017-24
PASSED and APPROVED on this the 13th day of February, A.D., 2017.
ATTEST:
kJNG
SE
AP 1'
I N G , T,V
ETARY
APPROVED AS TO FORM:
ai,CorL,____
DARRIN M. COKER
CITY ATTORNEY
_C•.
TOM REID
MAYOR
Resolution No. R2017-24
Exhibit "A"
March, 2016
Parcel 7
Page 1 of 5
EXHIBIT A
County: Brazoria
Highway: Max Road
Project Limits: From F.M. 518 to Hughes Road
RCSJ: 0912-31-302
PROPERTY DESCRIPTION OF PARCEL 7
Being a 0.4008 of one acre (17,460 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 27, 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, being out of the residue of said Lot 27 to James F. Anthony and Wife, Eleanor
Anthony by deed recorded under Volume 667, Page 325 of the Deed Records of Brazoria
County, Texas, dated October 06,1956, said 0.4008 of one acre parcel being more
particularly described by metes and bounds as follows:
COMMENCING from a 5/8 -inch iron rod with GeoSurv/TSC Surveying cap set for the
northeasterly corner of said Lot 27, same being the southeasterly corner of Lot 26 of said
Section 9;
THENCE, South 87°18'10" West (no call) along the common line between said Lot 27
and said Lot 26, a distance of 927.13 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 Max Road as occupied (proposed R.O.W. width varies) and being the northeasterly
comer and POINT OF BEGINNING of the herein described parcel, having the surface
coordinates of N = 13,773,589.18 and E = 3,134,313.96;
1.)
THENCE, South 02°51'21" East along said proposed easterly right-of-way line of
Max Road, a distance of 12.24 feet to a 5/8 -inch iron rod with GeoSurv/TSC
Surveying cap set marking the point of curvature for a tangent curve to the right
and being an interior corner of the herein described parcel;
2.) THENCE, in a southwesterly direction along said tangent curve to the right along
said proposed easterly right-of-way line of Max Road, having an arc distance of
298.60 feet, a radius of 2,552.00 feet, a central angle of 06°42' 14", a chord that
bears South 00°29'46" West, 298.43 feet to a 5/8 -inch iron rod with
GeoSurviTSC Surveying cap set marking the point of reverse curve for a tangent
curve to the left and being an interior corner of the herein described parcel;
March, 2016
Parcel 7
Page 2 of 5
EXHIBIT A
3.) THENCE, in a southwesterly direction along said tangent curve to the left along
said proposed easterly right-of-way line of Max Road, having an arc distance of
16.90 feet, a radius of 2,948.00 feet, a central angle of 00°19'43", a chord that
bears South 03°41'02" West, 16.90 feet to a 5/8 -inch iron rod with GeoSurv/TSC
Surveying cap set for corner, being on the northerly line of a called 110' x 300'
tract of land save & except a 20 -foot R.O.W. for road purposes as described by
deed recorded under Volume 871, Page 949 of the Deed Records of Brazoria
County, Texas, dated February 10, 1964 and being the southeasterly corner of the
herein described parcel;
4.) THENCE, South 87°18'10" West (no call), a distance of 40.23 feet to a point for
corner, being on the existing right-of-way centerline of said Max Road (based on
existing 60 -foot width occupied, 40 -foot road easement by virtue of Volume 19,
Page 719 B.C.P.R. ), being of on the approximate westerly survey line of
aforementioned H.T. & B.R.R. Co. Survey, Abstract 234, being on 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 westerly
line of said Lot 27 and being the southwesterly corner of the herein described
parcel;
5.) 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 the corrunon
line between said Section 9 and Section 10, same being along said westerly line of
said lot 27, a distance of 159.84 feet to a point for an interior corner of the herein
described parcel;
6.) THENCE, North 02°51'48" 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 the common
line between said Section 9 and Section 10, a distance of 167.16 feet to a point for
corner, being the southwesterly corner of aforementioned Lot 26, being the
northwesterly corner of said Lot 27 and being the northwesterly corner of the
herein described parcel;
7.) THENCE, North 87°18'10" East (no call) along the common line between said
Lot 27 and 28, a distance of 59.66 feet to the POINT OF BEGINNING and
containing an area of 0.4008 of one acre (17,460 square feet) of land.
Area Within Exist.
/Occupied R.O.W.
Area of Proposed
Additional R.O.W.
Taking
AC./S.F.
0.2252 AC.
0.1756 AC.
0.4008/17,460
March, 2016
Parcel 7
Page 3 of 5
EXHIBIT A
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.
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.
1,1
iU (for
Daniel Paul Coyer, R.P.L.S
Registered Professional Land Surveyor 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 Finn Registration No. 10083100
CURVE DATA TABLE
CURVE
ARC LENGTH
RADIUS
DELTA ANGLE
CHORD BEARING
CHORD LENGTH
C12
298.60'
2.552.00'
06.42'14"
S 00.29'46" w
298.43'
7C-1
298.60
2.552.00'
06' 42'14"
S 00. 29'46" W
298.43'
7C-2
16 90'
2.948 00'
00'19'43'
S 03'41'02- w
16 90'
60' OCCUPJED 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" I R W/TxDOT ALUMINUM CAP
UNLESS OTHERWISE NOTED
FNO 5/8" I.R W/TxOOT ALUMINUM CAP
SET 5/8' IR W/GEOSURV/ T SC SURVEYING CAP
UNLESS OTHERWISE NOTED
FOUND PROPERTY CORNER
UNLESS OTHERWISE NOTED
POINT
PROPERTY LINE
NOTES•
■
0
•
O
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 ANO COORDINATES SHOWN ARE
SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING
BY A COMBINED SCALE FACTOR OF 1.00013.
THE BEARINGS & COORDINATES ESTABLISHED FOR THIS
PROJECT IS TIED TO THE TXDOT GPS(VRS) NETWORK.
2 THE MONUMENT DESCRIBED AND SET MAY BE
REPLACED WITH A TXDOT TYPE II RIGHT OF WAY MARKER
UPON THE COMPLETION OF THE HIGHWAY CONSTRUCTION
PROJECT UNDER THE SUPERVISION OF A REGISTERED
PROFESSIONAL. LAND SURVEYOR. EITHER EMPLOYED OR
RETAINED BY TXDOT
3 PROPERTY DESCRIPTIONS OF EVEN GATE WERE MADE
IN CONJUNCTION WITH THIS MAP HAVING SAME DATE. PAGE 4 OF 5
FIELD
CALLED
LINE
BEARING 6 DISTANCE
BEARING 1 DISTANCE
71-1
S 02'5r2r' E - 12.24'
NO CALL
71-2
5 87.18'10" W - 40.23'
NO CALL
71-3
N 02'52'03- W • 159 84'
NO CALL
71-4
N 02.51'48" W - 167 16'
NO CALL
7L-5
N 87.18'10" E - 59.66'
NO CALL
PARENT TRACT INSET PARCEL 7
N.T.S.
AREA WITHIN
EXIST. R.O.W.
0.2252 AC.
0.1756 AC.
EXISTING TAKING REMAINDER
ACRES ACRES/ S.F. ACRES
Mapping and Surveying
♦ 44 44ft,. A5
171 S 0.327 ',SWORD. S411f 200
1.O0570e.. IE AAS 77077
'EL 713.784-4166
fC%AS Mkt RCG41RA111I NO 10083100
CALC. 0.4008
9.150 17.460
PARCEL PLAT
SHOWING PROPERTY OF
PARCEL 07
RCSJ: 0912-31-302
TSC SURVEYING CO.
8.749
MAx ROAD
BRAZORIA COUNTY
MARCH, 2016
SCALE: 1.50'
0
F.B. DRAKE SURVEY
------------ A-50
LEONARD S. SIMMONS AND
WIFE. ESTELA M. SIMMONS
RES DUE QF
C ,E`0 LOT 44,
0107 1 B C.�►.'.R.R --' '
2-4 e - ------ '
wlt.
Q
-111111M•No-x
EXISTING;- R`: :-W, --
2007014412 B.C.P.RS FND. 3/4" I.R.
I I W/CAP (CL DAVIS 4464)
PROPOSED • 4TIiiT
- -
-1-- (409`),-----
7L-3 35-.00
._.3�7• _ ___.. _.._.._.__.
A-505
7C-2
7-- C1
ti LOT 27
vr
--M o JAMES F. ANTHON e FF
o ELEANOR ANTHONY
o N IN RESIDUE OF LOT 27
z VOL. 667, PG. 325, B.C.D.R.
OCTOBER 06, 1956
- - JULIA FAYE ROSS ANO HUSBAND,
KENNETH R. ROSS
CALLED 110' X 300' TRACT
OUT OF LOT 27
S&E A 20 -FT. R.O.W. ALLISON - RICHEY GULF COAST
FOR ROAD PURPOSES HOME COMPANY'S SUBDIVISION
VOL. 871, PG. 949, B.C.D.R.
qa157t I =R-U_.i+V — Ile {L5-44.1649
..Ct 7L,5
- _ '''—'.------__A. i -
1
b:.. -ROAD
c•�COiJNTY 108)
(R.926.2 _GTH VARIES)
--SEL I ION 1U
ECTIOPI 0
B.C.C.F.
PROPOSED
R.O.W.
PYSTATION • 35.83.01 -
DELTA 06° 41'57"(LT)
DEGREE OF CURVE - 02.17.31"
TANGENT - 146.32'
LENGTH - 292.30'
RADIUS - 2,500.00'
PC STATION - 34.36.69
PT STATION - 37•28.99
N - 13,773.428.23
E - 3,134,269.92
rn
rn
ai
N �
O
• S87° 18'10"W - 927.13'
P.O.C. PARCEL 7
•
P.O.BcPARCEL
N . 1' e/3,589.18
E • 3,134,313.96
STA. 37.41,23, 52.00' RT.
RODERICK M. NICHOLSON AND
DEBORA K. NICHOLSON
CALLED 2.5030 ACRES
OUT OF LOT 26
B.C.C.F. NO. 2004045766
JULY 16, 2004
FEBRUARY 10, 1964 VOL. 2, PG. 23, B.C.P.R.
H.T. & B.R.R. CO. SURVEY
A-234
50 100
SCALE: 1"•50'
PAGE 5 OF 5
Mapping and Surveying
n wn TraS..r, 7C.
1710 S. WRr •1$000. Sun( 700
HOUSTON, T(7• 77077
M. 717.7114•.106!
TEx7S rowRE1MTRA701 NO 10083100
WIFE,
PARCEL PLAT
SHOWING PROPERTY OF
PARCEL 07
RCSJ:0912-31-302 MAX ROAD
TSC SURVEYING CO. ORAZORIA COUNTY
MARCH, 2016
SCALE; 1.50'
PARCEL 7 MAX ROAD
AERIAL PHOTOGRAPH OF ACQUISITION
Aerial Photograph of Acquisition
Acquisition areas are outlined in red.
PAGE 4.2