R2017-026 2017-02-13RESOLUTION NO. 2017-26
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
0.1524 of one acre (6,639 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 22,
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 3.000 acre tract of
land out of said Lot 22 as conveyed to Gurinda Akhtar by deed filed under
Clerk's File Number 2014024702 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. 2017-26
PASSED and APPROVED on this the 13th day of February, A.D., 2017.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
‘Q,%11 ji
F%R A4
o.• ••.mss
2
TOM REID
MAYOR
Resolution No. R2017-26
Exhibit "A"
Revised July, 2016
March, 2016
Parcel 14
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 14
Being a 0.1524 of one acre (6,639 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 22, 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 3.000 acre tract of land out of said Lot 22 as conveyed to
Gurinda Akhtar by deed filed under Clerk's File Number 2014024702 of the Official
Public Records of Brazoria County, Texas, dated May 22, 2014, said 0.1524 of one acre
parcel being more particularly described by metes and bounds as follows:
COMMENCING from a 1/2 -inch iron pipe found for the southeasterly corner of said Lot
22, same being the northeasterly corner of Lot 23 of said Section 9 and being the
southeasterly corner of said called 3.000 acre tract;
THENCE, South 87°18'10" West (called South 89°51'43" East) along the northerly line
of said Lot 23, same being along the southerly line of said Lot 22, same being along the
southerly line of said called 3.000 acre tract, 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 ofN = 13,775,334.35 and E = 3,134,212.84;
1.) THENCE, South 87°18'10" West (called South 89°51'43" East), a distance of
45.84 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 Lot 23, same being the southwesterly corner of said
said Lot 22, same being the southwesterly corner of said called 3.000 acre tract
and being the southwesterly corner of the herein described parcel;
Revised July, 2016
March, 2016
Parcel 14
Page 2 of 5
EXHIBIT A
2.) THENCE, North 02°51'48" West (called North 00°40'39" East — 131.82 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 134.18 feet to a point for corner, being the
southwesterly corner of a called 16.681 acre tract of land as described by deed
filed under Clerk's File Number 2014015517 of the Official Public Records of
Brazoria County, Texas, dated April 17, 2014, being the northwesterly corner of
said called 3.000 acre tract and being the northwesterly corner of the herein
described parcel;
3.) THENCE, North 87°18'10" East (called East) along the common line between
said said called 16.681 acre tract and said called 3.000 acre tract, a distance of
54.35 feet to a 5/8 -inch iron rod with GeoSurv/TSC Surveying cap set for comer,
being on aforementioned proposed easterly right-of-way line of Max Road and
being the northeasterly comer of the herein described parcel, from which a 1/2 -
inch iron pipe for the southeasterly corner of said called 16.681 acre tract, same
being the northeasterly comer of said called 3.000 acre tract bears North
87°18'10" East, 925.77 feet;
4.) THENCE, in a southwesterly direction along a non -tangent curve to the right
along said proposed easterly right-of-way line of Max Road, having an arc
distance of 26.83 feet, a radius of 2,052.00 feet, a central angle of 00°44'57", a
chord that bears South 01°43'59" West, 26.83 feet to a 5/8 -inch iron rod with
GeoSurv/TSC Surveying cap set marking the point of reverse curve and being an
interior corner of the herein described parcel;
5.) THENCE, in a southwesterly direction along a tangent curve to the left along said
proposed easterly right-of-way line of Max Road, having an arc distance of
I07.61 feet, a radius of 1,948.00 feet, a central angle of 03°09'54", a chord that
bears South 00°31'30" West, 107.60 feet to the POINT OF BEGINNING and
containing an arca of 0.1524 of one acre (6,639 square feet) of land.
Area Within Exist.
/Occupied R.O.W.
Area of Proposed
Additional
R.O.W.
Taking
AC./S.F.
0.0924 AC.
0.0600 AC.
0.1524/6,639
Revised July, 2016
March, 2016
Parcel 14
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 arc 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.
-Pcutc)
Daniel Paul Coyer, R.P.L.S
Registered Professional Land Su eyor 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
ARC LENGTH
RADIUS
DELTA ANGLE
CHORD BEARING
CHORD LENGTH
14C-1
26.83'
2.052.00'
00. 44.57"
S 01' 43'59" W
26.83'
14C-2
107.61'
1,948.00'
03.09'54"
S 00' 31'30" W
107.60'
60' OCCUPIED R.O.W.
30'
30'
20'
20'
1
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" I.R. W/TxDOT ALUMINUM CAP
SET 5/8" I.R. W/GEOSURV/TSC SURVEYING CAP
UNLESS OTHERWISE NOTED
FOUND PROPERTY CORNER
■
•
0
FIELD
CALLED
UNE
BEARING & DISTANCE
BEARING & DISTANCE
14L -I
S 87.18'10" W - 45.84'
S89'51'43"E
14L-2
N 02'51'48" W - 134.18
N00. 40'39" E - 131.82'
14L-3
N 87'18'10" E - 54.35'
EAST
O
0
X
30'
P.O.B. 14
P.0.9. 0
PARENT TRACT INSET PARCEL
N.T.S.
14
i
i
UNLESS OTHERWISE NOTED
POINT
PROPERTY LINE
NOTES:
0
1. ALL BEARINGS ANO 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 ANO SET MAY BE
REPLACED WITH A TXDOT TYPE IIRIGHT OF WAY MARKER
UPON THE COMPLETION OF THE HIGHWAY CONSTRUCTION
PROJECT UNDER THE SUPERVISION OF A REGISTERED
PROFESSIONAL LANG SURVEYOR, EITHER EMPLOYED OR
RETAINED BY TXDOT.
3. PROPERTY DESCRIPTIONS OF EVEN DATE WERE MADE
IN CONJUNCTION WITH THIS MAP HAVING SAME DATE.
PAGE 4 OF 5
Mapping and Surveying
1717
.OMR, 5
HOL 5.0.E A..�77077 SIAIC 200
NW 7U-78'- 7)077
rr 7 FRU
)[a/S cRu w(IfSTMA7Ort ra. noe)oo
REVISED JULY 2016
MARCH 2016
UPDATED OW
ORIGINAL
1111.11111114,
tabbies -
AREA WITHIN AREA OF PROP.
EXIST. R.O.W. ADD'L R.O.W.
0.0924 AC.
0.0600 AC.
EXISTING TAKING REMAINDER
ACRES ACRES/ S.F. ACRES
3.000
0.1524
6,639
2.848
PARCEL PLAT
SHOWING PROPERTY OF
PARCEL 14
RCSJ= 0912-31-302
TSC SURvEYu' G CO.
MAX ROAD
BRAZORIA COUNTY
JULY, 2016
SCALE,. 1.50'
F.B. DRAKE SURVEY
A-505 LOT 8 LOT 7
RESTRICTED RESERVE
•
r
SECTION 10
LOT 6
.A..
B.C.C.F.
10' W.L.E.
NO. 2005030562
6' U.E. & A.E.
-.nr1111
16' U.E. & A.E.
-HC sTtNG -R-.0 W -L
FND. 5/8" I.R.
W/CAP (COTTON)
0
V)
w
0
SO2- '21' v A•?9? EXLSJIN(iR_Q.WW ---
(NO2° 5121"W - 479.46').
2014004766 B.C.P.R. o to
cL�
PROPOS 7CS NE -
503 — z4
A-234 —• —
sv'
x3
14L-1
2014004766 B.C.P.R.
OAD
;C-6UNT-Y 108)
t-2
N
0
O
(NI
tf)
P1 STATION - 55-17.79
DELTA - 05° 06'29"(RT)
DEGREE OF CURVE - 02° 51.53"
TANGENT - 89.21'
LENGTH • 178.31'
RADIUS - 2,000.00'
E
ALLISON - RICHEY GULF COAST
HOME COMPANY'S SUBDIVISION
VOL. 2, PG. 23, B.C.P.R.
0
50 100
J
SCALE: 1"•50'
1—
O
J
-AC-2
PRfOSE(.0.
P.O.B. PARCEL 14 Cit
N • 13.775,334.35
E • 3,13412:84
STA. 54.91.35, 52.00'
'n o
dQ
H [Y
41 to
GURINDA AKHTAR •
CALLED 3.000 ACRES
OUT OF LOT 22
B.C.C.F. No. 2014024702
MAY 22. 2014
-E.0
FND. 1/2- I.P.
POC 14
FND. 1/2" I.P.
PARCEL 14
PAGE 5 OF 5
GE
Mapping and Surveying
111,A ., 1...,,.
1702 S. O.p♦ ASHFORD. SLUM 200
11017ST004. 0C.AS 77077
1(.t. 7u•78. -..M
1C=AS (NN RC06TRITiON 110.1006200
BE YRL N HOMES, LLC.,
CALLED 16.681 ACRES
B.C.C.F. No. 2014015517
APRIL 17, 2014
z
H.T. & B.R.R. CO. SURVEY
A-234
PARCEL PLAT
SNOWING PROPERTY OF
PARCEL 14
RCSJ= 0912-31-302 MAX ROAD
TSC SURvEY*NG CO. SRAZORIA COUNTY
Ju.Y. 2016
SCALE: 1.50'
PARCEL 14 MAX ROAD
AERIAL PHOTOGRAPH OF ACQUISITION
Aerial Photograph of Acquisition
0
Acquisition areas are outlined in yellow.
PAGE 4.2