R2017-027 2017-02-13RESOLUTION NO. 2017-27
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
1.012 acre (44,072 square feet) parcel of land situated in the H.T. & B.R.R. Co.
Survey, Abstract 234 in Brazoria County, Texas, being out of Lots 21 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 16.681 acre tract
of land described as all of said Lot 21 and part of said Lot 22 conveyed to
Amberlyn Homes LLC, by deed filed under Clerk's File Number 2014015517 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 cn 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. 2017-27
PASSED and APPROVED on this the 13m day of February, A.D., 2017.
ATTEST:
yJNG L
SEC
FING, T
TARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
Resolution No. R2017-27
Exhibit "A"
Revised August, 2016
Revised July, 2016
March, 2016
Parcel 15
Page 1 of 6
EXHIBIT A
County: Brazoria
Highway: Max Road
Project Limits: From F.M. 518 to Hughes Road
RCSJ: 0912-31-302
PROPERTY DESCRIPTION OF PARCEL 15
Being a 1.012 acre (44,072 square feet) parcel of land situated in the H.T. & B.R.R. Co.
Survey, Abstract 234 in Brazoria County, Texas, being out of Lots 21 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 16.681 acre tract of land described as all of said Lot 21 and part of
said Lot 22 conveyed to Amberlyn Homes LLC, by deed filed under Clerk's File Number
2014015517 of the Official Public Records of Brazoria County, Texas, dated April 17,
2014, said 1.012 acre parcel being more particularly described by metes and bounds as
follows:
COMMENCING from a 1/2 -inch iron pipe found for the northeasterly corner of a called
3.000 acre tract of land out of said Lot 22 as described by deed filed under Clerk's File
Number 2014024702 of the Official Public Records of Brazoria County, Texas, dated
May 22, 2014, same being the southeasterly comer of said called 16.681 acre tract;
THENCE, South 87°18'10" West (called South 87°14'28" West) along the northerly line
of said called 3.000 acre tract, same being along the southerly line of said called 16.681
acre tract, a distance of 925.77 feet to a 5/8 -inch iron rod with GeoSurv/TSC Surveying
cap set for comer, 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 =
13,775,468.76 and E = 3,134,214.64;
1.) THENCE, South 87°18'10" West (called South 87°14'28" West), a distance of
54.35 feet to a point for comer, 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 called 3.000 acre tract, same being the southwesterly
corner of said called 16.681 acre tract and being the southwesterly corner of the
herein described parcel;
Revised August, 2016
Revised July, 2016
March, 2016
Parcel 15
Page 2 of 6
EXHIBIT A
2.) THENCE, North 02°51'48" West (called North 02°05'03" West — 739.97 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 said Section 9 and being along said
easterly line of said Section 10, a distance of 739.83 feet to a point for corner,
being the southwesterly comer of Lot 20 of aforementioned Section 9, being the
northwesterly comer of aforementioned Lot 21, being the northwesterly comer of
said called 16.681 acre tract and being the northwesterly comer of the herein
described parcel;
3.) THENCE, North 87°18'10" East (called North 87°11'31" East) along the
common Iine between said Lot 20 and Lot 21, same being along the northerly line
of said called 16.681 acre tract, same being along the centerline of Cliffstone
Road (50 -foot occupied, no record information for R.O.W. found), a distance of
60.00 feet to a point for comer, being on aforementioned proposed easterly right-
of-way line of Max Road and being the northeasterly corner of the herein
described parcel;
4.) THENCE, South 02°51'21" East along said proposed easterly right-of-way line,
in passing at a distance of 25.00 feet a 5/8 -inch iron rod with GeoSurv/TSC
Surveying cap set marking the intersection of said proposed right-of-way line and
the southerly occupied right of way line of said Cliffstone Road, in passing at a
distance of 364.13 feet a 5/8 -inch iron rod with GeoSurv/TSC Surveying cap set
at Station 60+00.00, continuing in all, a total distance of 589.01 feet to a 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;
5.) THENCE, in a southeasterly direction along said tangent curve to the right along
said proposed easterly right-of-way line of Max Road, having an arc distance of
150.93 feet, a radius of 2,052.00 feet, a central angle of 04°12'52", a chord that
bears South 00°44'55" East, 150.90 feet to the POINT OF BEGINNING and
containing an area of 1.012 acre (44,072 square feet) of land.
Area Within Exist.
/Occupied R.O.W.
Area of Proposed
Additional R.O.W.
Taking
AC./S.F.
0.527 AC.
0.485 AC.
1.012/44,072
Revised August, 2016
Revised July, 2016
March, 2016
Parcel 15
Page 3 of 6
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.
Revised August 2016 — Area within Existing R.O.W. / Proposed Additional R.O.W.
Revised July 2016 — Updated Ownership.
r0Q
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
CURVE DATA TABLE
CURVE
ARC LENGTH
RADIUS
DELTA ANGLE
CHORD BEARING
CHORD LENGTH
15C-1
150.93'
2,052.00'
04'12'52"
S 00' 44'55" E
150.90'
60' OCCUPIED R.O.W.
30'
20'
20'
30'
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
UNLt JJ V t 1"ItKYYIJt NV ILL/
POINT
PROPERTY LINE
NOTES:
■
0
•
0
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 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 DATE WERE MADE
IN CONJUNCTION WITH THIS MAP HAVING SAME DATE.
FIELD
CALLED
LINE
BEARING & DISTANCE
BEARING & DISTANCE
15L-1
5 87' 18'10" W - 54.35'
S 87'14'28" W
15L-2
N 02' 51'48" W - 739.83'
N 02' 05'03" W - 739.97'
15L-3
N 87'18'10" E - 60.00'
N 87'11'31" E
PAGE 4 OF 6
GEcS)
Mapping and Surveying
ORA TSt•Sarglti G•
1710 S. ONLY ASHFORO, SUTE 200
HOUSTON. TEXAS 77077
10.. 713-754446S
TEXAS MAI REOSTRAT 0 4 M3.1008.3100
30'
CLIFFSTONE RD.
i
i
MAX ROAD
ta�
ARLIN I TRACT INSET PARCEL 1
N.T.S.
REVISED AUGUST 2016 -
REVISED JULY 2016
MARCH 2016
AREA IN EXIST.
& ADD'L ROW
UPDATED OWN;
ORIGINAL
AREA WITHIN
EXIST. R.O.W.
0.527 AC.
EXISTING
ACRES
AREA OF PRO
ADD'L R.O.W.
0.485 AC.
TAKING
ACRES/ S.F.
REMAINDER
ACRES
16.681
1.012
44,072
15.699
PARCEL PLAT
SHOWING PROPERTY OF
PARCEL 15
RCSJ: 0912-31-302
TSC SURVEYING CO.
MAX ROAD
BRAZORIA COUNTY
AUGUST, 2016
SCALE= 1-50'
F.B. DRAKE SURVEY
A-505
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- B.C.C.F. NO. 2014015517
�, APRIL 17, 2014
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TANGENT - 89.49'
LENGTH - 178.87' H.T. &
RADIUS - 2.000.00'
ALLISON - RICHEY
HOME COMPANY'S
VOL. 2, PG.
•
B.R.R. CO. SURVEY
A-234
I
GULF COAST
SUBDIVISION
23, B.C.P.R.
0
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0FND. 1/2"
POC 15
100
I.P.
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Mapping and Surveying
COLA ,NC S., rpn Co.
PARCEL PLAT
SHOWING PROPERTY OF
PARCEL 15
RCSJ: 0912-31-302 MAX ROAD
TSC SURVEYING CO. SRAZORIA COUNTY
go um
1710 S. DART AStfORO, SLATE 200
NOVSTON, TEXAS 77077
PACE 5 OF 6 TEL. 713.78 ra•66
TEXAS ERY REUSTRATOON 40.%1063100
SCALE: 1"-50'
AUGUST. 2016
SCALE: 1.50'
0
LOT 37 LOT 36
DRAKE SURVEY
LOT 35
LOT 34
LOT 33
LOT 32
A-50
RESTRICTED
RESERVE
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459.
10' W.L.E.
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AMBERLYN HOMES, LLC.,
CALLED 16.681 ACRES
B.C.C.F. N0. 2014015517
APRIL 17, 2014
H.T. & B.R R. CO. SURVEY
A-234
ALLISON - RICHEY GULF COAST
HOME COMPANY'S SUBDIVISION
VOL. 2, PG. 23, B.C.P.R.
50 100
SCALE: 1"-50'
PAGE 6 OF 6
Mapping and Surveying
0.1•'A TS('Srn,w t
1711 S.OURY ASHFORD, SUITE 200
'OUSTOk, TEXAS 77077
7EE.713-784-4466
7E0AS (1714 REGSIRATgk W0. 1)08]110
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LOT 20
PARCEL PLAT
SHOWING PROPERTY OF
PARCEL 15
RCSJ: 0912-31-302 MAX ROAD
TSC SURVEYING CO. BRAZORIA COUNTY
AUGUST. 2016
SCALE: 1-50'
PARCEL 15
MAX ROAD
AERIAL PHOTOGRAPH OF ACQUISITION
Aerial Photograph of Acquisition
to I
`LOT B
LOT C
:s
Google earth
Acquisition areas are outlined in yelloNk.
er
PAGE 4.2