R2018-232 2018-12-10 RESOLUTION NO. 2018-232
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
0.0856 acre (3,730 square feet) parcel of land located in the H.T. & B. R.R.
Company Survey,Abstract 237,Pearland,Brazoria County,Texas,being out of
Lot 4,Section 5,H.T.&B. Railroad Company Subdivision according to the plat
thereof as recorded in Volume 28, Page 06 Brazoria County Deed Records
(B.C.D.R.)and being out of that certain called 4.3013 acres tract as described in
a deed executed on June 29, 2000 from Federal Home Loan Mortgage
Corporation lo Jacqueline Dickerson recorded under Brazoria County Clerk's
File (B.C.C.F.) Number 00-039697 of the Official Public Records of Brazoria
County(O.P.R.B.C.),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. 2018-232
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TOM REID
MAYOR
ATTEST:
/.oe , ' 0 /,,y-# ft/
0 NG
C Y S'"''ETARY
APPROVED AS TO FORM:
��i-••s lam'�"
DARRIN M. COKER
CITY ATTORNEY
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February,2018
Parcel 67
Page 1 of 6
13XHl13rr A
County: Brazoria
Highway: McHard Road
Project Limits: From F.M.865(Cullen Boulevard)to lvfykawa Road
RCSJ No. 0912-31-309
Property Description for Parcel 67
BEING a 0.0856 acre(3,730 square feet)parcel of land located in the H.T.&B.R.R.Company
Survey,Abstract 237,Pearland,Brazoria County,Texas,being out of Lot 4,Section 5,H.T.&B.
Railroad Company Subdivision according to the plat thereof as recorded in Volume 28,Page 06
Brazoria County Deed Records(B.C.D.R.)and being out of that certain called 4.3013 acres tract
as described in a deed executed on June 29, 2000 from Federal Home Loan Mortgage
Corporation to Jacqueline Dickerson recorded under Brazoria County Clerk's File (B.C.C.F.)
Number 00-039697 of the Official Public Records of Brazoria County(O.P.R.13.C.),said 0.0856
acro parcel being more particularly described by metes and bounds as follows:
COMMENCING at a point marking the northwest comer of said Jacqueline Dickerson
tract, from which a found 3/4-inch iron pipe bears South 88° 15' 24" East, pp
a distance of 0.42 feet for reference;
THENCE,North 86°55'45"East,with the south right-of-way line of Rice Road(60
feet wide)and the north line of said Jacqueline Dickerson tract a distance of 390.15 feet
• to a set 5/8-inch iron rod with TxDOT aluminum cap for the northwest corner and
POINT OF BEGINNING of herein described parcel located on the proposed west right-
of-way
ight-of way line of County Road 107 (Woody Road)(width varies) having coordinates of
N=13,779,528.33;E=3,I44,185.42, located 532.61 feel left of McHard Road Proposed
Baseline Station 160+94.19;**
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February,2018
Parcel 67
Page 2 of 6
EXHIBIT A
1. THENCE,North 86°55'45"East,continuing with the south right-of-way line of said Rice
Road,a distance of 5.97 feet to a point for corner marking the intersection of the south right-
of-way line of said Rice Road and the existing west right-of-way line of County Road 107;
2. THENCE,South 03°08' 15"East, with the existing west right-of-way line.of said County,
Road 107,a distance of 472.89 feet to a point for corner marking the southeast corner of
said Jacqueline Dickerson tract, from. which a found 3/4-inch iron pipe bears
South 86°55'29"East,a distance of 1.63 feet for reference;
3. THENCE, South 86° 55' 29" West, with the nommen south line of said Jacqueline
Dickerson tract and the north line of that certain called 12.0586 acres tract as described in a
quitclaim deed executed on February 04,2006 from Linda Alexander Rodriguez,et al.to
Sunlake Limited recorded under B.C.C.F. Number 2006019064 of the O.P.R.B.C., a
distance of 42.28 feet to a set 5/8-inch iron rod with TxDOT aluminum cap marking a point
at the south end of a cut-back corner at the southwest corner of the intersection of the
proposed north right-of-way line of McHard Road(120 feet wide)and the proposed west
right-of-way line of said County Road 107, located 60.00 feet left of Mallard Road
Proposed Baseline Station 160+47.97;"
4. THENCE,North 42°01'42"East,with said cut-back corner,a distance of 49.59 feet to a
set 5/8-inch iron rod with TxDOT aluminum cap for corner, located 94.79 feet left of
Mallard Road Proposed Baseline Station 160+84.49;$*
5. THENCE, North 02° 59' 12" West, with the proposed west right-of-way line of said
County Road 107, a distance of 437.89 feet to the POINT OF BEGINNING and
containing 0.0856 acre(3,730 square feet)parcel of land.
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February,2018
Parcel67
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EXI-II13ff A
o e_s:
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 11-21,11-22,I-I-24,II-44 and H-46(CSJ 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 Factorof1.00013.
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.
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*a The monument described and set in this call may be replaced with a TxDOT Type IT
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 time of the
survey. Survey Date:October,2016Gi 4-4
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C.L.Davis Date ry •� °PS�
Registered Professional Land Surveyor ' C.L.DAVIS
Texas Registration No.4464 7\71:787.7"","
C.L.Davis&Company �Cy1o,�6�g6M��A4r r
1500 Winding Way -O s`al't �`c�
Fricndswood,Texas 77546
Phone Number: 281-482-9490
TAPLS Firm No.10082000
(( JLL Page C.4
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IMMIPHr
LEGEND
(S) SET 5/8"IRON ROD VC*STAMPED RICE ROAD p o.a,
"CI. DAVIS
S RPLS 446 " RE N 86'5545"'E 390.15
SUBJECT DEED
—P— PROPERTY LINE EXISTING R/10 LINE 41(
PROPOSED RIGHT-OF-WAY LINE P.B.C: �,, Q PID No. 166192
CI ACCESS DENIAL UNE _ c CALLED 4.3013 ACRES
—--— SURVEY LINE "' q MORTGAGE HOME LOAN
B.C.D.R. BRAZOR1A COUNTY DEED RECORDS i p
TO
OP.R.B.C.OFFICIAL PUBLIC RECORDS OF BRAZORIA COUNTY LOT w �, 3 JACQUELINE DICKERSON
B.C.P.R. BRAZORIA COUNTY PLAT RECORDS SECTION 5 E .I --
IR IRDN ROD F &EZ RR GID SU)WFP a' N. (00-039697 O.P.R.B.C.) •
IP IRDN PIPE ABSTnACT237 Sc. . 06-29-2000
01 SET 5/8" IR w/TxDOT ALUM CAP
(UNLESS OI}IERW'ISE NOTED) • Chi
o FOUND TYPE I CONC. MONUMENT o
• SET (AS INDICATED) ..
o FOUND PROPERTY CORNER (AS DESCRIBED) •
NOTES: PROPOSED McHARD ROAD
I. ALL BEARINGS AND COORDINATES ARE PARENT TRACT INSET, AREA TABLE (ACRES).
REFERENCED TO THE TEXAS COORDINATE FOR PARCEL 67 EXISTING TAKING REMAINDER AC.
SYSTEM OF 1953 (NAD83).1993 AC. AC./S.F. LEFT RIGHT
ADJUSTMENT, SOUTH CENTRAL ZONE (4204), NOT TO.SCALE
BASED ON TXDOT SURVEY CONTROL POINTS 4.3013 0.0856
H-21, H-22, H-24, H-44 AND H-46 (CSJ 3,730 4.2157
NO. 0912-00-143) AS PROVIDED BY TXDOT. DATE REVISION
ALL DISTANCES AND COORDINATES SHOWN
ARE SURFACE VALUES AND MAY BE -
CONVERTED TO GRID.BY OMOING BY A E OF .."-t-,. C.L. DAVIS & CO. FIRM NO.
COMBINED ADJUSTMENT FACTOR OF 1.00013. A Q. .-" F` FA
A Z./. r fr4;1•\ LAND SURVEYING 10082000
2. FIELD SURVEYS WERE COMPLETED OCTOBER ��' ` i 500 WINDING WAY
c..L DAVIS .• FRIENDSW000, TEXAS 77546
3. A PROPERTY DESCRIPTION. OF EVEN DATE . 9yb'kF ztyo / 281-482--9490
WAS PREPARED IN CONJUNCTION WITH THIS •``SuF1�' PARCEL PLAT
PARCEL PLAT. i� SHOWING
bz•�S•ZocS 4464 PARCEL 67
4. EXISTING ROW LINE SHOWN AS OCCUPIED DATE C. L DAVIS R.P.LS. No. McHARD ROAD
AND MONUMENTED AT TIME OF SURVEY. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON BRAZORIA COUNTY
THE GROUND UNDER MY SUPERVISION'AND THAT R.C.S.J. 0912-31-309
5. ABSTRACTING WAS COMPLETED IN THIS PLAT CORRECTLY REPRESENTS THE FACTS'AS FEBRUARY, 2013
SEPTEMBER 2017. FOUND AT TIME OF THE SURVEY. PAGE 4 OF 6 SCALE: NTS
SU
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8"CP; SN +I
P.O.C. PARCEL E7 \ -a.
REF.PT. FF10.3/41P11;}BEARS S 88'15'24" - RICE ROAD(6Q ROM.) ��'; R r).-
4. 2' ASPH PA WENT S V.^ N h C3
PA DG (21+�+:,� ,r,
'itf 66 55'45'i t 350.;5' TK _ t F i 1\C7 • v
. 1 ^ WOOD FENCE -i:,r i1 ` I nN43
► l I 0 o sc. .
I P.O.R PARCEL 67 -it,
• H.T.&B.R.R CO.SURVEY STA. 1 rOf94.19 �'S,y y SCALE: .1"= 50'
• ASSIRACF237 OFF. 512.E1'LT •
N: 13,779.528.33 Li
z,- }
E: 3,144,185,42 • �.f Z o LINE DATA
LIME BEARI G DISTANCE
PIC i . 1 E51 92 (----s•
� +t .! ` V L 45" '
CALLED 4.301.3 ACRES 6,T ! w' y i Al 8&55 5 s.47 •
FEDERAL HOME LOAN C: O L2 S 03'08'15" c 479.89'
MORTGAGE CORPORATION • v 1 et _3 5 86'55'29" W 42.28'
TO .o >. L4 N 49'01'49" S 49.59'
J.ACOUELINE DICKERSON J s' I I+ O L5 N' 02 '5 .4'12" 5'/ 437.89'
(00-039697 O.P.R.B.C.) Q.Qcz
06-29-2000 y "-
LOT 4 SECTION 5 . ',:-.31Z-
.
B. RAILROAD z I iC C.L. DAVIS & CO. .F1RM NO.
COMPANY SURVEY 1-. V LAND SURVEYING 10052000
(VoI. 28. Pg.• 06 B.C.D.R.)
-
1500 WINDING WAY
I I FRIENDSWOOD, TEXAS 77546 �_
281-482-9490
• MATCH LINE PAGE 6 PARCEL PLAT
' SHOWING
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PARCEL 67
McHARD ROAD
°" THE MONUMENT DESCRIBED AND SET 1.447 BE REPLACED WITH A TxDOT TYPE n RIGHT—OF—WAY BRA?OP,IA COUNTY
i.L4RKER UPOhJ COMPLETION OF THE HIGHWAY" CONSTRUCTION PROJECT UNDER THE SUPERVISION R•C.S,J. O9u2—.31-5C9
FEBRUARY. 2018
OF A REGISTERED PROFESSIONAL LAND SURVEYOR, EITHER EMPLOYED•OR RETAINED 8Y TxDOT. PAGE 5 OF 6 SCALE: 1"=50* .
'0 ,
0
_ cp •
C) •
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• MATCH LINE PAGE 5 - DEED TABLE
.I
H.T.8 El RR CO.SURVEY
o 01) ii
A6STRACT237 c,4 o_
ce rt4 . CALLED 12.0555 ACRES-TRACT 1 _
(1 oUITCL4IM DEED
-- 1"4"9-
RID?ID No. 106192 II--
IC-� h V LINDA ALEXANDER RODRIGUEZ, ET A!.
,.ALLED 4.2013 ACRES . �) qq I
FEDERAL HOME LOAN • - I��`/^� ti v TO
MORTGAGE CORPORATION \ m SUNL06 UNITED
' TO cd (2006'319064 O.P.R.B.0.) -
JACOUELINE 0ICKEFSON 13 02-0A-2006
2-0A-0 6 0 SO
(00-059597 0.P.R.3.0.; x :n o ALSO a - 50'
• -
•
06-29-2000 z I'• •§ (01-04.3954 0.P R.3.C.) SCALE; 1"-
Z Lu O
` r
� h
LOT 4 SECTION 5 < i o LINE QA TA '
H.T.& a RAILROAD c S U �O LINE BEARING DISTANCE
COMPANY SURVEY ,�+ en I 5L Li N 86.55'45" E 5.97'
(Vol. 28; Pg. 06 B.C.D.R.) d . ml L2 .S G::'08'75" E 47249' .
20' WIDE ROADWAY I Q .CZ .. ''
L3 S 86'55'29 / 42.28'
(VOL. 228. PG. 06 B.C.D.R.) '--------. p . L4 A,' 42'07'42" E 49.59'
STA. 150+84.491 � - L5 N 02'59''2" W 4.37.89'
c
OFF. 94.7S'LT. 1 u r.I I=
il v.-
I O
•STA. 180+47.97, V �:-s.- 114
OFF. 60.00'LT. ' o m 0
ti tu CU
„ PROPOSED "n/ti/ UNE :?:g ''', L3 C.L.,;,,__ S [r DAVISc & CO. FIRM NO.
RE PT. Fh0.3/4'IPS ''t it° ' LAND SURVEYING 10082000 _
BEARS S 805329" IV _^ �
... I. ;500 WINDING W Y
SIV 0 0 0 E ✓ '- 163 I FRIENDSYCOC, TEXAS 77546 --
281-482-949C
BASELINE A" o PARCEL PLAT •
.
PC ST,=., 16O+55.D5 �+
• E/5�LiirE �" ? N • SHOWING
160+00 o [ I , PARCEL 67
. PROPOSED McHARD ROAD(120"R.O.W.,' McHARD ROAD
" THE MONUMENT DESCRIBED AND SET MAY BE REPLACED 'A'ITH A TxDOT TfPE ;I RIGHT-OF-WAY BRAZORIA COUNTY'
MARKc^ JPON COMPLETION OF THE HIGHWAY CONSTRUCTION PROJECT UNDER THE SUPERVISION R.C:S.J. 0952-31-309
OF REGISTERED PROFESSIONAL LAND SURVEYOR, EITHER EMPLOYED OR RETAIN': FEBRUARY, 2018
• 5Y TxDOT. • PAGE 6 OF 6 SCA; 1"=F.0'
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