R2017-050 2017-03-20 RESOLUTION NO. 2017-50
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 0.3403 of one acre (14,825 square feet) parcel of land situated in the
H.T. & R.R. Co. Survey, Abstract 234 in Brazoria County, Texas, being out of
the south-half of Lot 29, 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 south-half of Lot 29 being part of the residue tract of a called 4.9678 acre
tract of land conveyed to Loye W. Young Sr. and Mary S. Young, Trustees of
the Loye W. Young, Sr. and Mary S. Young Revocable Trust Dated July 27,
2009 by deed filed under Clerk's File Number 2009038799 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 Exhibit "A". 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 Exhibit"A". either by donation, purchase or the exercise of the power
of eminent domain.
RESOLUTION NO. 2017-50
PASSED and APPROVED on this the 20th day of March, A.D., 2017.
--)0177 &-.49
TOM REID
MAYOR
ATTEST:
�UNG/O �
FIN •C =�
.
TY SECRETARY '
APPROVED AS TO FORM:
RRIN M. COKER
CITY ATTORNEY
2
Resolution No. R2017-50
Exhibit"A"
March, 2016
Parcel 3
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 3
Being a 0.3403 of one acre (14,825 square feet) parcel of land situated in the H.T. &
B.R.R. Co. Survey, Abstract 234 in Brazoria County, Texas, being out of the south-half
of Lot 29, 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 south-half of Lot 29 being part of the residue
tract of a called 4.9678 acre tract of land conveyed to Loye W. Young Sr. and Mary S.
Young, Trustees of the Loye W. Young, Sr. and Mary S. Young Revocable Trust Dated
July 27, 2009 by deed filed under Clerk's File Number 2009038799 of the Official Public
Records of Brazoria County, Texas, dated July 27, 2009, said 0.3403 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
southeasterly corner of said Lot 29, same being the northeasterly corner of Lot 30 of said
Section 9 and being the southeasterly corner of said residue tract of a called 4.9678 acre
tract;
THENCE, South 87°18'10" West (called North 89°51'West) along the common line
between said Lots 29 and 30,same being along the southerly line of said residue tract of a
called 4.9678 acre tract, a distance of 901.40 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= 13,772,281.24 and E= 3,134,409.78;
1.) THENCE, South 87°181 0" West (called North 89°51'West) along said common
line between said Lots 29 and 30, a distance of 89.94 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 2, Page 23 B.C.P.R.), being
of 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 33, being the
southwesterly corner of said Lot 29, same being the southwesterly corner of said
residue tract of a called 4.9678 acre tract and being the southwesterly corner of
the herein described parcel;
March, 2016
Parcel 3
Page 2 of 5
EXHIBIT A
2.) THENCE, North 02°52'03" 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 218.51 feet to a point for corner, being the southwesterly
corner of the north-half of said Lot 29 as described by deed filed under Clerk's
File Number 93-024857 of the Official Public Records of Brazoria County,
Texas, dated July 09, 1993,being the northwesterly corner of said residue tract of
a called 4.9678 acre tract and being the northwesterly corner of the herein
described parcel;
3.) THENCE, North 87°18'10"East (called South 89°51'East) along the south line of
said north-half of said Lot 29, a distance of 48.64 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
216.16 feet, a radius of 2,954.00 feet, a central angle of 04°11'33", a chord that
bears South 13°29'29" East, 216.11 feet to a 5/8-inch iron rod with GeoSurv/TSC
Surveying cap set marking the point of compound curve and being and interior
corner of the herein described parcel;
5.) THENCE, in a southeasterly direction along a tangent curve to the left along said
proposed easterly right-of-way line of Max Road, having an arc distance of 6.39
feet, a radius of 444.00 feet, a central angle of 00°49'28", a chord that bears South
16°00'00" East, 6.39 feet to the POINT OF BEGINNING and containing an area
of 0.3403 of one acre(14,825 square feet) of land.
Area Within Exist. Area of Proposed Taking
/Occupied R.O.W. Additional R.O.W.
0.1505 AC. 0.1898 AC. 0.3403/14,825
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.
/ f
t
March, 2016
Parcel 3
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.
cpt-'a„).„U 1112 Daniel Paul Coyer, R.P.L.S r PEE, •,TF ,
. G�sTf. k
Registered Professional Land Sur err 4867 c.•t fa.,•
GeoSurv, Inc. Company d/b/a TSC Surveying I • • k
1710 S. Dairy Ashford Road < DANIEL PAUL COYER •
Houston, Texas 77077 4867 t/ ff
Office(713) 784-4466 -
(713) 784 6900— Facs mile 1 � '���SuRVt-�� '�
Texas Firm Registration No. 10083100 , , 3 uI
��L
f,,
,•■isr•-z.!� CC )-
o� r, Z
0 . • zCC Cv o
aO Q QV Co 0i°
CL �Q po• sap
O la _j Cr &0=
OJ 03 F- O V
o Qo < F p a
EL c< o (vi r),n d w �m� ttnn
¢ Z o cv a —1
Y� NCO --) W w
`- W a U
rn z a� o. U �, U
J U �' Z N
U 1-o Q Q Q 3 Q No
Q ,fx o d o MZ
a •
T-
14,1(f) in Zw WI'
w
X 6 (%cc N>
(n U) Q l�l X Q ri o c=!1•
e Z W
C -F-
I- 0 V
UZ crr
Q
CC
F 1
I A \ o
-‘1 \
z •. N.- _
o A<CI. �v°• O ti• k C`l N .m
CD ` F t� Q 7 c� o^ 8 CL
L b�N Q V) Co ^mot
O
■ a, �Y•?• / '� w•
b w W sn mt
■♦ a
(:).=•.-(...,?,,i
a
T ado XVW Nk
0
lil
L,
0
I-
0 0 w
Lai 0
°m C- <
F CL
o w)) LO 3
O N N o ]: (, ct Z
0 O� ■ 0 •• 0 0 a' �'=waa� =Y a¢o0O w
o w w w wa zzWz- ~0 HOC �~
a, o n U 0��3 a3 W ,_ww w¢
m "1 o o �: cam Q O Jwam oz m Z�o 30
0 • N p o O'`) 0 U)<, O O Q °0J M
M 3 N J <F.�cn�r? Win Mis_ 0 m W¢
p 0 o F-O Q z mzI- N� F°� W <
L.1 (•-)• Z CO CV tO a F_ ?- w w 'a O > W~Q a 0 0
m w - a NW w a a W a°pzo°• min v)r3ww z
<- cam.' N - N w(nCV O < < > Qr„Oti- Qa 0m0= z>•0
M N w < (n 0 0 a' ii-.Ct, F-0 D 0 F- w.<
• eQ a Qm0 <F- M M U) wo°OOw° w,-- <- 0- w=
< °v o U aa> Oz z z (� <0 o ct (no oa=o� w
w w N 0 0 0 Ow a V) Z �Oj
(cn
/ c.,
(I) z W
N Q O > >
o lrn ''; .N 0u) . g�•
d ' Z t t v ��� U 5� <N
N I O `.' . U N to Q 0- (.l) 1..... O In K O V
t— II Q1'- rn Q ? '���d
1�; oa I � � M 'oQrn > >m O a W J �a,�(Liu pm �f gijr.'"`
>- � 00 . co U J w W t v, I . E. pwZJ �N �' CV U LL' C CNI ti
LLI o' I it JI- �� z � Q a 2 g g0
Y11 Q c.; ',SLR,,,,, N '
x \ N-� .I UZi� - N;
`p' -- 1 I Q SSSS� J - m I O N 06 p
X F-
_ ---,IV-- • --... -1 ——.1-2: t---- ..(A M-———— 1
i W --6-.
�
it
�-�- ') a� J 2 z N 00 v►
I: cow a° Q o� �'.� s
'\O 1 ) j II 70 0o v >-•1/4, Na
Vi' I ' Oo O ao g5 i
1► ''1 1 / � z co >- YUJNN c "sB
'1 `1 I r 1O � W>. 0 cno b:§g. "
O 1, ��i.l� ` ap M V'O J O O?- WOON �z=4$ k■J ,u3 .1; O ZONE O
1 0 1 111 O M (C 1. ui Q J Q —1 N
. 1 N (— , ,,1,,Sv �,d >-OJ N
x JcooM � u)I <1- Oz>-
v''.) 1 .O1 i I, IIT ! -, wNON .i.— (r) W ,n
tO 1 W I In •( 1. _( ' • 3 . �'' V N'� C3 O <V- O 4.
1 Y ! i. M�;l Q I i' .- La
03 Na U 1`r a°I . O o_ O t °d N. , ': 00i°1- tom �d
N - ; t�I + sf cc -t a d o U in
w0CCl 1 rn 1 Dorn o ! ' m�"�N >- w w
I- -.o % s ' I : b N t . . a .w coD vUi d
--' 3O11 1t �I Z � �� �� cizwc~i1 wN v� C >
t a- ` „
OZ• • l% I • t }f OO O� 1.1631■, _
m I i J et •O O
u 1 .H p N
0 - - (M.16 969N) a 1- 3
�—` ( . 1IIL •'t W N ,t ,.. _ .` —�,�. n .017 W6 M„OI.BI .L9S
> I_ I ; �1 L--
CC o I
J I i iI ` � L . : I W Q O
•� �f W U O
rr ��° I °a.T � _ ._ ao rn�� \I � ;Z 10 ■!_ f ° 030 m�rn w to LA i i
eL Q O Q r . I� \ �__.Z vi 1— 1— N O
J-1 i ! 1 :O oral. -2- --- O O Z O Z in
p a I . IU" . , -t- -Sc v. tQ`NtS .L Z >- - )-
' I 'r eIT ‘I" N J • NJ�N J
• � f . 1 U m
O
(n
W i N , .\.• >�Q
Q
tD
0
I { .
PARCi .3 MAX ROAD DESCRIPTION AND ANALYSIS OF THE IMPROVEMENTS
Aerial Photograph of Acquisition
m.
ONF
Q • 2 'IV
it ,
y
mil Ii,II.(
r '
PAGE 2.21
(As