R2018-137 2018-08-13 RESOLUTION NO. 2018-137
A Resolution of the City Council of the City of Pearland,Texas,authorizing the
power of eminent domain to acquire fee simple title and easement to certain
property for the Mykawa Road Lift Station Project; being fee simple title to all
that certain 0.1125 acre(4,900 square feet)tract of land situated in the H.T.&B.
R.R. Co. Survey, Abstract No. 232, Brazoria County, Texas, and being out of
and a part of Lot 60, of W.Zychlinski's Subdivision,a plat recorded under Vol.
29, Pg. 43 of the Brazoria County Deed Records (B.C.D.R.) and further being
part of the same called 20.603 acre tract described in a Special Warranty Deed
dated August 27, 2010 conveyed from Bison Creditors' Liquidating Trust to
The Buying Source, LLC and recorded under Brazoria County Clerk's File
Number(B.C.C.F. No.) 2010037487; and a sanitary sewer easement to all that
certain 0.3865 acre (16,837 square feet) tract of land situated in the H.T.&B.
R.R. Co. Survey, Abstract No. 232, Brazoria County, Texas, and being out of
and a part of Lots 55 & 60, of W. Zychlinski's Subdivision, a plat recorded
under Vol. 29, Pg. 43 of the Brazoria County Deed Records (B.C.D.R.) and
further being part of the same called 20.603 acre tract described in a Special
Warranty Deed dated August 27, 2010 conveyed from Bison Creditors'
Liquidating Trust to The Buying Source, LLC and recorded under Brazoria
County Clerk's File Number(B.C.C.F. N;.)2010037487;for the construction and
maintenance of sanitary sewer improvements 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 sanitary sewer 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 and a sanitary sewer easement 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 sanitary sewer improvements on certain real property located
in Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition of fee title and
sanitary sewer easement interests 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", "B", "C" and "D", attached hereto and incorporated herein for all purposes.
RESOLUTION NO. 2018-137
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", "B", "C" and "D" either by donation, purchase or the
exercise of the power of eminent domain.
PASSED and APPROVED on this the 13th day of August, A.D., 2018.
�l/YYl
TOM REID
MAYOR
ATTEST:
t' / ` Q`Y 1-eiefrre...‘"Aipr
G LO*+aC =- . '�
Y SEC TARY
APPROVED AS TO FORM:
DARRIN M. COKER
DEPUTY CITY ATTORNEY
2
•
•
•
City of Pearland EXHIBIT May 18,2018 •
ohlt
•
•11.T.&13.R.R.Co.Survey Lift Station Parcel
Abstract No.232 0.1125 Acre(4,900 Sq.Ft)
•
Itrazoria County,Texas Page No.1 oft
•
Metes and Bounds Description
Being a 0.1125 acre(4,900 square feet)tract of land situated in the H.T.&B.R.R.Co,Survey,
Abstract No. 232, Brazoria County, Texas, and being out of and a pati of Lot 60, of W,
7_ychlinski's Subdivision,a plat recorded under Vol.29,Pg.45 of the Brazoria County Deed
Records(13,C,D.R.)and further being part of the same called 20.603 acre tract described in a
Special Warranty Decd dated August 27,2010 conveyed from Bison Creditors' Liquidating
Trust to The Buying Source, LLC and recorded under Brazoria County Clerk's File Number
(B.C.C.F.No.)2010037487. Said 0.1125 acre of land being more particularly described by
metes and bounds as follows:
COMMENCING at a 518-inch iron rod with "RPLS 1}4722" cap having the Texas State
Plane Coordinates of N: 13,777,412.12&E: 3,145,958.611 pound on the northeast corner of
the intersection of the east line of Mykawa Road(100'Wide at this location),recorded under
Vol.29,Pg.43 and Vol. 1232,Pg.767 of the WC.D.R.and the north line of McHard Road
(R.O.W. Varies), recorded under B.C.C.F. No. 98-009545, same also being the southwest
corner of said called 20.603 acre tract;
THENCE,North 02°41'12"West,along the common east line of said Mykawa Road and the
west line of said 20.603 acrctract fur a distance of 1,121.56 feet to the northwest corner of a •
•
S0-foot City of Pearland Utility Easement recorded under B.C.C.F.No.99-055707;
Departing said common line,over and across said 20.603 acre tract the following courses:
North 87°17'19"East,along the north lino of said 50-foot City of Prtrland Utility
Easement for a distance of 10.00 feet to the POINT OF BEGINNING having the
Texas State Plane Coordinates of N: 13,778,532.77&E:3,145,916.10 for the
southwest corner of the herein described parcel;
North 02°41'12"West,for a distance of 70.00 feet to the northwest corner of the
herein described parcel;
North 87°17'19"Fast,for a distance of 70.00 feet to the northeast corner of the
herein described parcel;
South 020 41'12"East,for a distance of 70.00 feet to the north line of said 50-foot
City of Pearland Utility Easement for the southeast corner of the herein described
parcel;
South 87°17'19"West,along said line for a distance of 70.00 feet to the POINT OF
)3EGlNJVINci and containing 0.1125 acre(4,900 square feet)of land,inure or less.
•
Page D-1
City of Pearland May 18,2018
H.T.&B.R.R.Co.Survey tall Station Parcel
Abstract No.232 0.1125 Acre(4,900 Sq.Ft.)
Brazoria County,Texas Page No.2 oft
All bearings and distances are based on Texas Stale Plane Coordinate System,South Central
Zone,NAD 83(CORS96).All distances are in surface.
The coordinates shown hereon arc Texas South Central Zone No. 4204 State Plane Grid
Coordinates (NAD83) and may be brought to surface by dividing by the combined scale
factor 0.999870017.
A survey plat has been prepared in association with this field note description.
Compiled By:
541/41/A (G,iNgiu , 490Vrd'' •qAt
*.�f
Shaheen Chowdhury hz -par- �:s9ili'
Registered Professional Land Surveyor SIIAHEEN 010wYo0pURY -.
Texas Rcg.No.5858 ' e\ 5858 ;r ,''
r9.y0
Kuo&Associates,Inc. S U R`i
10700 Richmond Ave.,Suite 113
Houston,Texas 77042
Ph.:(713)975-8769
TBPLS Flint Registration No. 10075600
Page D-2
EXHIBIT
City of Pearland ti di. May 18,2018
8
,L 1t;Yt i / R t 11 Ii� •i I '
•
j'-...i.-i. ' ' Lillis!
t iT4t 3!l' A (c( II/yr,fir dI! At 3 '2- , n s 8 i'k!ll ill v 1� i b i �,. N 110 f0 1
1 +.I: 5 s. _
Af�� t 1 t� f7_ 1ss I"'a'. I.�1.•' i, i Y. 5•, e ' i 9 ;j n li `fi } •
1,,,,,,,;_,. .., i is Cki;.. 4
# ii � ff..��IIa�. `a E E� �I
.a. ' 1 — _—� q.t...l.y1W 1 A:i11iSlw�:iii! IA
! A i F i � Ia1I
-. :-I0 . ill _ .. - • . •---
NI'llithiTO:di .
• •
--.-i
- Y jt F I - \f Rt
_.• - I .
II 1 IVI ' I
E+°1 f
i i 1'' I 1 f�!'
' I i i G t'-;E .
i1 II4I1I,'1 ' ; %.
1 '; i'�i I p TBa
41_ I. Imo,--,—: '�
}
_ ^' i 1 i"'1 I ,
•1
;i
I •i ' I aALTIV40,4 I
i »1145 Cl 15i E c4 It
Ci I., V I j .. .rte+ t
I,-1 x.,11_ I- I - _ -
•
'"--•----••:---:"7-7•-----7----- ---,,----.1-t- - •• - 0._ 7,Vd.... .1_ ,. _ -_:‘: 4 •
F '!, II
Is 111a `'Y. i .
1,e 4 1I' 'i � � •I 1 v}� '
4.
r k6; 'I
' 1 .` 11. I
• i,I I.
•
•
•
Page D-5
City of Peartand EXHIBIT May 18,2018
2
•
H.T.&B.R.R.Co.Survey Parcel No.1
Abstract No.232 0.3865 Acre(16,837 Sq.Ft.) •
Brazoria County,Texas Page No. I of 2
Metes and Bounds Description
Being a 0.3865 acre (16,837 square feet) tract of land situated in the H.T.&B. R.R. Co.
Survey,Abstruet No.232,Brazoria County,Texas,and being out of and a part of Lots 55&
60,of W. Zychlinski's Subdivision, a plat recorded under Vol. 29, Pg. 43 Of the 13razoria
County Deed Records(B,C,D,R.)and further being part of the same called 20.603 acre tract
described in a Special Warranty Deed dated August 27,2010 conveyed front Bison Creditors'
Liquidating Trust to The Buying Source, LLC and recorded under Brazoria County Clerk's
File Number(13.C.C.F. No.)2010037487.Said 0.3865 acre of land being more particularly
described by metes and bounds as follows:
COMMENCING at a 5/8-inch iron rod with "RPLS #4722"cap having the Texas State
Plane Coordinates of N: 13,777,412.12&E: 3,145,958.68 found on the northeast corner of
the intersection of the east line of Mykawa Road(100'Wide al this location),recorded under
Vol.29,Pg.43 and Vol. 1232,Py.767 of the B.C.D.R.and the north line of McHard Road
(R.O.W. Varies), recorded under B.C,C.F. No. 98-009545, same also being the southwest
corner of said called 20.603 acre tract;
THENCE,along the common south line of said called 20.603 acre tract and the north line of
said McHard Road,being a curve tinning to the left through an angle of 01°06'52",having a
radius of 515.00 feet,an arc length of 10.02 feet,and whose long chord bears South 89° 14'
02" East for a distance of 10.02 feel the POINT OF BEGINNING having the Texas Stale
Plane Coordinates of N: 13,777,411.99& E: 3,145,968.70 and the southwest corner of'the
herein described parcel;
Departing said common line,over and across said 20.603 acre tract and along a line that is 10
feet east of and parallel to the east R.O.W. line of said Mykawa Road with the following
courses:
•
North 02°41' 12"West,for a distance of 1,122.17 feet to the north line of a 50-foot •
Utility Easement as recorded under B.C.C.F.No.99.055707 for the norihwcsi corner
of the herein described parcel;
North 87° 17' 19" East, along the north line of said 50-foot Utility Easement for a
distance of 15.00 feel to the northeast corner alba herein described parcel;
South 02°41' 12"East,departing the north line of said 50-foot Utility Easement for a
distance of 1,122,71 feet to the common south line of said called 20.603 acre tract and
the north line of aforesaid Mel-lard Road for the southeast corner of the herein
described parcel;
Page D-3
City of Pea Hand May 18,2018
H.T.&B.R.R.Co.Survey Parcel No.I
Abstract No.232 0.3865 Acre(16,837 Sq.Ft.)
Brazoria County,Texas Page No.2 of 2
THENCE,along said common line,being a curve turning to the right through an angle of 01°
40' 12",having a radius of 515.00 feet,an are length of 15.01 feet whose long chord bears
South 89° 22' 26" West, a distance of 15.01 feet to the POINT OF BEGINNING and
containing 0.3865 acre(16,837 square feet)of land,more or less.
All bearings and distances are based on Texas State Plane Coordinate System,South Central
Zone,NAD 83(CORS96).All distances arc in surface.
The coordinates shown hereon arc Texas South Central Zone No. 4204 State Plane Grid
Coordinates (NAD83) and may be brought to surface by dividing by the combined scale
factor 0.999870017.
A survey plat has been prepared in association with this field note description.
Compiled By:
/ ' - /' `� ZE OF l�
S yko\ 4�+IDfs j 05. 1/!�
Shaheen Chowdhurysf * 6�9u
Registered Professional Land Surveyor SHAHCCN CHOWOHURY
Texas Rog.No.5858
.+�• 58 58
t9 rrss+ t{:
Kuo&Associates,Inc. 0 SUR`d�'�
10700 Richmond Ave.,Suite 113
Houston,Texas 77042
Ph.:(713)9754769
TBPLS Firm Registration No.10075600
Page D-4
City of Peatiand EXHIBIT
11M18,2018
-... :
�,y 3.� ! x R Y l► ;i a t[ �,� :41:14s a '► IP t 11f II ;y d114 vale to r .,. .L bfl,ii ii ,4is a ilt� fr1tIff.i;
,
_. ..—— ... 4....0.1..t nc= .:i i.1 .• 9:51:na!!ea it i►: Nil 1 111 .111
Eft t g ‘ r
,,W 14 4 .....---— , I 1 i l
11111a
1211. �;1Ar3�.ii
ti':j: i.-
!1;11 fl
I
': ;k q
1.
i
,ilii 1r- --• 4 Y. ,. ,
'I II ......^-'......-. .'..'-.
— ,CONN I ! r ,\
s
..-..1,114k,.''.1 ...
...E.`Y y. - - ,
I
`
!iii ..e w ti 'i: I bi i tet
11.1 Q
i,
j� h,h
,,
\\,
R� i,
• INi 1• 1 il , 4;1;
1111 1.1, --- zf 01.1.1;
•
•
-
` "' " ginat.
_
1
-7 ' r � . - ""` _
117 _ -4',.: .- el .4- r,-,-..-_-,-..-. :.--.7.-.,..-- -- 7?�.-;.yamz-4
- .'om7_ - ~e4�.—��{ � � y': .; e �..�.x& , 'E. lit - ,.
, o
-?\
lei,: "35 . ! I
b I! � p %.44'. %I/
= )- H:.;" ay
I K4 }
•
•
Irk 1,)4 G
} af
4,4: •
I
Page D-6