R2018-227 2018-11-26 RESOLUTION NO. 2018-227
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 for the
McHard Road Extension Project (Mykawa Road to Cullen Parkway); being a
0.4361 acre (18,995 square feet) parcel of land located in the F.B. Drake
Survey, Abstract 505, Pearland, Brazoria County, Texas and being out of Lot
4, Section 10, Allison Richey Gulf Coast Home Company's Subdivision,
according to the plat thereof filed in Volume 2, Pages 23-24, Brazoria County
Plat Records (B.C.P.R.) and being out of that certain called 10.088 acres tract
as described in a deed executed on September 30, 1977 from Jose C.
Rodriguez to J. M. Holm &Company, Inc. recorded under Volume 1364, Page
235, Brazoria County Deed Records (B.C.D.R.), for the construction and
maintenance of road, utility and drainage 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 road, utility and drainage 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 road, utility and drainage 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. 2018-227
PASSED and APPROVED on this the 26th day of November, A.D., 2018.
GM ?&
TOM REID
MAYOR
ATTEST:
14./. •,
Y' NG Le" G, %C �
Y SE : TARY /\
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
Resolution No.R2018-227
Exhibit"A"
February,2018
Parcel 26
Page 1 of 5
EXHIBIT A
County: Brazoria
Highway: McHard Road
Project Limits: From F.M. 865(Cullen Boulevard)to Mykawa Road
RCS3 No. 0912-31-309
Property Description for Parcel 26
BEING a 0,4361 acre (18,995 square feet) parcel of land located in the F.B. Drake Survey,
Abstract 505, Pearland, Brazoria County, Texas and being out of Lot 4, Section 10, Allison
Richey Gulf Coast Home Company's Subdivision,according to the plat thereof filed in Volume
2, Pages 23-24, Brazoria County Plat Records (B.C.P.R,) and being out of that certain called
10.088 acres tract as described in a deed executed on September 30, 1977 from Jose C,
Rodriguez to 3, M. Holm& Company, Inc. recorded under Volume 1364,Page 235, Brazoria
County Deed Records (13.C.D.R.), said 0.4361 acre parcel of land being more particularly
described by motes and bounds as follows:
COIVIMENCINO at a point marking the southeast corner of said J. M. Holm &
Company,Inc.tract and being the northeast corner of that certain Tract 5 as described in
a deed executed on October 24, 1994 from Sammy Earl Alsobrook to Charlotte Sue
Alsobrook recorded under Brazoria County Clerk's File (B.C.C.F.)Number 94-038723
of the Official Public Records of Brazoria County (O.P.R.B.C.), from which a found
1-1/4 inch iron pipe bears South 02°39'06"East,a distance of 1.44 feet for reference;
THENCE,South 87°00' 41"West,with the north line of said Charlotte Sue Alsobrook
Tract 5 and with the north line of that certain called 1 acre tract as described in a deed
executed on October 20,2004 from Charlotte Sue Alsobrook to Charlotte Gates recorded
under B,C.C.F,Number 94-038723 of the O.P,R.13.C,,a distance of 1,029.74 feet to a set
5/8-inch iron rod with TxDOT aluminum cap marking the southeast corner and POINT
OF BEGINNING or herein described parcel being on the proposed east right-of-way
line of County Road 561 (Stone Road) (width varies) having coordinates of
N-13,779,444.47, E-3,131,860.82, located 349.00 feet left of McHard Road Proposed
Baseline Station 36+47.00;"
JLL Page C.2
February,2018
Parcel 26
Page 2 of 5
EXHIBIT A
1. 'I'l#JENCE, South 870 00' 41" West,continuing with the south line of said J. M. Holm&
Company, Inc.tract passing at a distance of 6.49 feet the existing east right-of-way Eric of
said County Road 561 and continuing a total distance of 46.I6 feet to a point for corner;
2. THENCE,North o2°59' 19"West,with the west line of said J.M_Holm&Corttpisuy,loc.
tract and the west line of said Lot 4 being within the right-of-way of said County Road 561,
a distance of 409,00 feet to a point for corner;
3. THENCE,North 87 00'41"East,with the north line of said J.M.Holm& Company,Inc.
tract and the north line of said Lot 4 passing at a distance of 41.01 feet the existing east
right-of-way line of said County Road 561 and continuing a total distance of 46.72 feet to a
sat 5/8-inch iron rod with TxDOT aluminum cap for corner located 758.00 feet left of
McHard Road Proposed Baseline Station 36+47.56;**
4. THENCE,South 02°54' 36"Fast,with the proposed east right-of-way line of said County
Road 561,a distance of 409.00 feet to the POINT OF BEGINNING and containing 0.4361
acre(18,995 square fest)parcel of land. Contained within said 0.4361 acre(18,995 square );
feet), 0.3788 acre (16,500 square feet) is within the existing right-of-way of said County •
Road 561.
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•
•
//dry)JLL
Page C.3
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February,2018
Parcel 26
Page 3 of 5
EXHIBIT A
Notes:
All bearings and coordinates are referenced to the Texas Coordinate System of 1983
(NAD83) 1993 Adjustment, South central Zone(4204), based on TxDOT Survey Control
Points H-21, H-22,H-24,H-44 and H-46 (CSI NO. 0912-00-143) as provided by TxDOT.
All distances and coordinates shown are surface values and may be converted to grid by
dividing by a Combined Adjustment Factor of 1.00013.
The unit of measure is the U.S.Survey Feet.
A parcel plat of even date was prepared in conjunction with the property description.
Access will be permitted to the remainder property abutting the highway facility.
** The monument described and set in this call may be replaced with a TxDOT Type II
right-of-way marker upon completion of the highway construction project under the
supervision of a Registered Professional Land Surveyor, either employed or retained by
TxDOT.
I hereby certify that this survey was performed on the ground under my supervision and that this
property description and accompanying parcel plat represent the facts as found at the tiine of the
survey. Survey Date:October,2016
9.
53
C.L.Davis Date (4 l �O
Registered Professional Land Surveyor t C.t..DAVIS
Texas Registration No.4464 `
7— -4
d x64
C. L.Davis&Company N v;kf,tt t io ,gip,
1500 Winding Way •z s ti a
Friendswood,Texas 77546
Phone Number: 281-482-9490
TBPLS Finn No. 10082000
•
Page C.4
�JLL
8 I
'- !
r LEGEND 0,
r (S) SET 5/8'IRON ROD w/CAP STAMPED j
"C.L. DAVIS RPLS 4464" 1 ; FB Qs r s cr 6Ws
-- '-- PROPERTY UNE1,
p SfD No. 17993t LOT 4
�-.--w PROPOSED RIGHT-OF-WAY LINE Q - a C.o AC
a ALLISON-ROD'GAF CLAY!
- — ACCESS DENIAL UNE ' • m now ate sr,10ty
SURVEY LINE g tp RIJ.M.HDW k'COMPANY,INC- fy� W..73--24 .cP�e)
Z L 1364.P.G. 235 B.C.C.RJ
B.C.D.R. BRAZORIA COUNTY DEED RECORDS " 'o W09-30-1577
O.P.R.B.C. OFFICIAL PUBLIC RECORDS OF BRAZORIA COUNTYci S 8700'41'W 1,029.74'
B.C.P.R. BRAZORIA COUNTY PLAT RECORDS P.O.E.
1R IRON ROD O'�•
P IRON PIPE PARENT TRACT INSET AREA WITHIN EXISTING
✓ SET 5/8° IR w/TxDOT ALUM CAP FOR PARCEL 26 ROW OF C.R. 561
(UNLESS OTHERWISE NOTED) 0.3788 AC./16,500 S.F.
0 FOUND TYPE I -CONC. MONUMENT NOT TO SCALE
O SET (AS INDICATED) AREA WITHIN PROPOSED
0 FOUND PROPERTY CORNER (AS DESCRIBED) ROW OF C.R. 561
NOTES 0.0573 AC./2,495 S.F.
1. ALL BEARINGS AND COORDINATES ARE AREA TABLE (ACRES)
REFERENCED TO THE TEXAS COORDINATE ..EXISTING TAKING REMAINDER AC_
SYSTEM OF 1983 (NADB3) 1993.
ADJUSTMENT, SOUTH CENTRAL.ZONE (4204), AC. AC./S.F. LEFT RIGHT
BASED ON TXDOT SURVEY CONTROL POINTS 10.088 0.4361 9.652
H-21, H-22, H-24, H-44 AND H-46 (CS,J 18,995
NO. 0912-00-143) AS PROVIDED BY TXDOT. _ DATE REV SIGN
ALL DISTANCES AND COORDINATES SHOWN
ARE SURFACE.VALUES AND MAY BE - • �,,�.„ 4c'
CONVERTED TO GRID BY DIVIDING BY A i¢ 7s $q` -i' 1 C.L. DAVIS & CO. FIRM NO.
COMBINED ADJUSTMENT FACTOR OF 1.00013. / ti 4 LAND SURVEYING 10082000
2. FIELD SURVEYS WERE COMPLETED OCTOBER 1 ‘1,7.6 Y• ' 1500 WINDING WAY
2015. o�4454o+era l FRIENDSWOOD, TEXAS 77546
9,:%. s 02.1°A
yp 281--482-9490
3. A PROPERTY DESCRIPTION OF EVEN DATE s 1
WAS PREPARED IN CONJUNCTION WITH THISPARCEL PLAT
PARCEL PLAT. 6L2 ' 8 4464 SHOWING
DATE C. L. DAVIS R.P.L.S. No. PARCEL 26
4. EXISTING ROW LINE SHOWN AS OCCUPIED HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON Mc HARD ROAD
AND MONUMENTED AT TIME OF SURVEY. BRAZORIA COUNTY
THE GROUND UNDER MY SUPERVISION AND THAT
THIS PLAT CORRECTLY REPRESENTS THE FACTS AS. R.C.S.J. 0912-31-309
5. ABSTRACTING WAS COMPLETED IN FOUND AT TIME OF TtiE SURVEY. FEBRUARY, 2018
SEPTEMBER 2017. PAGE 4 OF 5 SCALE NTS
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CALLED 9.7576 ACRES
I1.2C'RIDE ROADWAY EASE T WMRtE DRA30C Tf01A50N, ET VIR.
(Val_2, P.23-24.S.C.P.R. j(
TO
t T. MANAGEMENT, LLC
STA. 5e+a7.ae LOT 3 {2Dt6cm457 a.P:P_a.c.}
�o1F.7:5:30LT SECTION 10 02-1'.-2015
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W.[X,1�SU�YSL9Jt'E7'
(L9 ��
AfXS7124cr 197 L7 WOOD FENCE
STA. 12+40. 9O,f 1icp p MJ9M1E rook[
\ b
CALLED 11,8735 ACRES \ " ;O o T
DER?I.D JOFNSDN, ET AL. tiTO E C S LOT
T'd JO C 100
RICHARD HARRIS E. ALLISON-RICHEY GUIF C04ST .._.-i I
(2008024414 o.P.R.e.c•) 7EC4.E.• T"= IDD'
05-D1-aovs HOME ca'a1 SUBDIVISION
4. STORY (VoL 2. Pg. 23—.24 B,C,PX.J
A3 rr _ . "sr STUCCO UNE DATA
aeYx LINE BEARING DISTANCE
CALLED 1.198.9 ACRES Iw '.1 I r�2FPN7afe vtkE PID No. 175631 L 1 S 87'50'41" :V 4E.'E'-
LI1JJAN EUGENE MCON7'. I— II CALLED 10.05E ACRES
uNOIVIDJALLY AND AS �* i s• _,.. o T JOSE C. RODRIGUEZ L2 N 02'59'19" 'VI 409.00'
INGEFENDENT FXECUTRCI I> 3 DR
70 M. HOLM k�COMPANaY, INC. L.7 N 87"'41" E 46.72'
JAMES MOONEY, ET 1:x. o pp;I�1.-1-
so NOL 1384. PG. z3:, 0.C,O.R.) 1.4 5 02'54'3e" E 409.00'
(VOL-(92)984. :�,. 656 v f:l I 3io C9-3C-1977
O-31.10.1 r,[ �- I LB N O2'48'L'S" Y/ 409.00''
I2^31-t9�1 x I I —IXS Y ROW 710E
FND.1/7'1R Li.$" 1111�FP•( A ABSTRACT L7 N 870041' E 5.71'
p LI- L8 .5 67'00'41" W 39.67'
JESUS SAU71R i,.g I P.O.B. PARCEL 26 P.O.E. L9 N 87'00'41- E 41.07'
TO o
VALERIE LYNN MJRIL.0 iC p I I I rJ: 13,779,44',47 PARCEL 28
;2016022815 O. P.?.e.C.) �'? E 2,13'..B60.82
0!-11-2015 1 STA. 35+47.00 R.F.PT. FNC.1 1/4"IP
LOT BLOLXI ' I OM.349.01'LT. BEARS S 023®'06' 0
MINOR PLAT-OF ILLL. C' L5.: ++ 1.44'
STONE BROOK MANOR \ Le f S 3700'41`W 1,02.9.:4'
(DOC.NO:20Te0D1953 B.O.P".) I. I t.. PP** PID No. 1 l5l90 •,
L CALLED 1 ACRO PID No. 173790 1 C.L. DAMS &; CO. FIRM NO.
LL (( CALLED ALL CF TRACT S
R:7.1/2"IR Y J C:aARL01TE WE ALSi'ieR00%. is V SAMMY EARL ALSOBROOK LA SURVL�IN�7 00S2OGO
+,Ot N/K/A CFiARLOT:C GATES To
v� Ji(("" CMARLOITE SUE ALSOHRGOK
vl .t,, wj CHAltl.0n; GATES (94-035723 O.P.R.O.CJ "rJfl4 WINO'.NG WAY
U � 0 (x04-*68002-20_ 4R.B.C.) 5 10 10--.--1994 FRIENDSWOOD, TEXAS 77546
Et2 a. 281-462-9490
PARCEL PLAT
. 7HE MONUMENT DESCRIBED AND SET SHOWING
MAY BE REP-ACED WITH A Tr,DOT TYPE II PARCEL 26
RIGHT—OF—WAY MARKER UPON McHARD ROAD
CCMPLETION OF THE HIGHWAY
CCNSTRUCTiO.N PROJECT UNDER THE BRAZORIIA COUN-Y
SUPERVISION OF A REGISTERED R.C.S_J. 0912-31-309
PROFESSIONAL LAND SURVEYOR, EITHER FEBRUARY, 2018
EMPLOYED OR RETAINED BY TxDOT. PAGE 5 OF 5 SCALE: 1"=1 00'
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