R2017-025 2017-02-13RESOLUTION NO. 2017-25
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
0.2255 of one acre (9,823 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 23,
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 a called 4.93 acre tract of
land described as the north 1/2 of said Lot 23 as conveyed to Gurinda Akhtar
by deed file under Clerk's File Number 2014006307 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 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. 2017-25
PASSED and APPROVED on this the 13'h day of February, A.D., 2017.
ATTEST:
CITY SECRETARY
NGL NG, T'
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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'114lit iti NNNN
2
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TOM REID
MAYOR
Resolution No. R2017-25
Exhibit "A"
Revised July, 2016
March, 2016
Parcel I3
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 13
Being a 0.2255 of one acre (9,823 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 23, 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 a called 4.93 acre tract of land described as the north 1/2 of said Lot
23 as conveyed to Gurinda Akhtar by deed file under Clerk's File Number 2014005307
of the Official Public Records of Brazoria County, Texas, dated February 07, 2014, said
0.2255 of one acre parcel being more particularly described by metes and bounds as
follows:
COMMENCING from a I/2 -inch iron pipe for the northeasterly corner of said Lot 23,
same being the southeasterly corner of Lot 22 of said Section 9;
THENCE, South 87°18'10" West (called East) along the northerly line of said Lot 23,
same being along the southerly line of said Lot 22, a distance of 934.75 feet to a 5/8 -inch
iron rod with GeoSurv/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 of N = 13,775,334.35 and E = 3,134,212.84;
1.)
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
61.14 feet, a radius of 1,948.00 feet, a central angle of 01°47'54", a chord that
bears South 01°57'24" East, 61.14 feet to a 5/8 -inch iron rod with GeoSurvffSC
Surveying cap set marking the point of tangency of said curve and being an
interior corner of the herein described parcel;
2.) THENCE, South 02°51'21" East along said proposed easterly right-of-way line, a
distance of 157.36 feet to a to a 5/8 -inch iron rod with GeoSurv/TSC Surveying
cap set for comer, being on the northerly line of a called 4.93 acre tract described
as the south 1/2 -half of said Lot 23 as described by deed recorded in Volume
1131, Page 546 of the Deed Records of Brazoria County, Texas, dated August 11,
1972, same being on the southerly line of aforementioned north 1/2 of said Lot 23
and being the southwesterly corner of the herein described parcel;
Revised July, 2016
March, 2016
Parcel 13
Page 2 of 5
EXHIBIT A
3.) THENCE, South 87°18'10" West (called West), a distance of 44.85 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 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 northwesterly
corner of said south 1/2 of said Lot 23, same being the southwesterly corner of
said north 1/2 of said Lot 23 and being the southwesterly corner of the herein
described parcel;
4.) THENCE, North 02°51'48" West (called North — 218.5 feet) 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 218.50 feet to a point for corner, being the southwesterly
comer of a aforementioned Lot 22, being the northwesterly corner of said Lot 23
and being the northwesterly corner of the herein described parcel;
5.) THENCE, North 87°18'10" East (called East), along the common line between
said Lot 22 and said Lot 23, a distance of 45.84 feet to the POINT OF
BEGINNING and containing an area of 0.2255 of one acre (9,823 square feet) of
land.
Area Within Exist.
/Occupied R.O.W.
Area of Proposed
Additional R.O.W.
Taking
AC./S.F.
0.1505 AC.
0.0750 AC.
0.2255/9,823
This property description was prepared in conjunction \vith 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.
Revised July, 2016
March, 2016
Parcel 13
Page 3 of 5
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.
Revised July 2016 — Updated Ownership.
oric,,,d eP
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 Firm Registration No. 10083100
DANIEL PAUL COYER
1
4867
1,9 bsstoeP.Q-
\6SURi >�}ID
13n
10
CURVE DATA TABLE
CURVE
ARC LENGTH
RADIUS
DELTA ANGLE
CHORD BEARING
CHORD LENGTH
C14
168.75'
1,948.00'
04. 57'49"
S 00' 22'27" E
168.70'
13C-1
61.14'
1,948.00'
01. 47'54"
S 01.57'24" E
61.14'
60' OCCUP ED R.O.W.
30' 30'
L 20' 20' J
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
FND 5/8" 1.R. W/TxDOT ALUMINUM CAP
SET 5/8" I.R. W/GEOSURV/TSC SURVEYING CAP
UNLESS OTHERWISE NOTED
■
0
FOUND PROPERTY CORNER 0
UNLESS OTHERWISE NOTED
POINT O
PROPERTY LINE
NOTES=
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
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 1IRIGHT 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 DATE WERE MADE
IN CONJUNCTION WITH THIS MAP HAVING SAME DATE.
FIELD
CALLED
LINE
DEARING 6 DISTANCE
DEARWG & DISTANCE
13L-1
S 02.51.21" E - 157.36'
N/A
13L-2
5 87.18'10" W - 44.85'
WEST
13L-3
N 02'51'48" W - 218.50'
NORTH - 218.5'
13L-4
N 87.18.10" E - 45.84'
EAST
O
x
30' -
PAGE 4 OF 5
Mapping and Surveying
1710 ix
1710 5. DART .
wr( 200
, ..8C0 77077T17L.713-7el'1.6
&
TEXAS (R4 R(US1RA1»N 140. 10063»O
PARENT TRACT INSET PARCEL 13
N.T.S.
REVISED JULY 2016
MARCH 2016
UPDATED OWN
ORIGINAL
AREA WITHIN AREA OF PROP.
EXIST. R.Q.W. ADD'L R.O.W.
0.1505 AC.
0.0750 AC.
EXISTING TAKING REMAINDER
ACRES ACRES/ S.F. ACRES
4.93
0.2255
9,823
4.70
PARCEL PLAT
SHOWING PROPERTY OF
PARCEL 13
RCSJ. 0912-31-302 MAX ROAD
TSC SURVEYING CO. 6RAZORIA COUNTY
JULY, 2016
SCALE: 1.50'
BLOCK 2
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E.B. DRAPCE SURVE
A 505
-
/CAP ,B(COT
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1 LOT 8
RESTRICTED
► 8.C.C.F.
LOT 7
RESERVE
10' W.L.E.
NO. 2005030562
LOT 6
"A"
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SECTION 10
16' U.E. & A.E.
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CALLED 4.93 ACRES o0
ORTH 1/2 OF LOT 23) `,'
¢i, lik
P.O.B.( PARCEL 13
t. N • 13,775,334.35
LOT
JOSEPH S. MUSCANERE AND
LAURA LYNN MUSCANER:
CALLED 4.93 ACRES
(SOUTH 1/2 OF LOT 23
VOL. 1131, PG. 546, B.C.D.-.
AUGUST 11. 1972
•
ALLISON - RICHEY 1
23 . .t...F. No. 201400630—i
IFE, FEBRUARY 07, 2014 -,
I -
to
PI STATION • 55.17.79
DELTA - 05.06'29"(RT)
DEGREE OF CURVE - 02.51.53"
i- TANGENT • 89.21'
L._, LENGTH - 178.31'
r RADIUS • 2,000.00'
ULF COAST PC STATION - 54.28.58
PT STATION - 56.06.89
b
oi
in
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r -i-
0
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rn -'
2
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- 3,134;212:8
,134; 12:84
f-
0 STA. 54.91.35, 52.00'12T.
o STA. 54-91.35, 54
_1
LOT 22
N.T. & B.R.R. CO. SURVEY
A-234
HOME COMPANY'S
VOL. 2, PG. 23,
•UBDIVISION
B.C.P.R. N - 13,775,359.76
E • 3,134,158.55 ,
FND.
1/2" I.P.
POC 13•.,
PARCEL PLAT
SHOWING PROPERTY Of
0 50 100
GE
Mapping and Surveying
`^Y`T'"
PARCEL 13
RCSJ: 0912-31-302 MAX ROAD
TSC SURVEY NC CO. BRAZORIA COUNTY
OKI $ o.Rr As+so�ro. suit goo
OKI .
HOUSTON. TExAS non
PAGE 5 OF 5 TE6.7u•76.••.66
IE FRY KOSf AMON NO. tpp E.300
SCALES t"-50'
JULY. 2016
SCALE: 1•50'
PARCEL 13
MAX ROAD
AERIAL PHOTOGRAPH OF ACQUISITION
Aerial Photograph of Acquisition
Acquisition areas are outlined in yellow.
PAGE 4.2