R2018-234 2018-12-10 RESOLUTION NO. 2018-234
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
0.1436 acre (6,254 square feet) parcel of land located in the R.B. Lyle
Survey,Abstract 543,Pearland, Brazoria County, Texas, being out of Lot . .
51, Section 4, W. Zychlinski Subdivision, according to the plat thereof
filed in Volume 29, Page.43, Brazoria. County Deed Records (B.C.D.R.)
and being out of that t certain called 2.84 acres (calculated 2.850, acres)
tract as described in a deed executed on November 7, 1997 from
Secretary of Veterans Affairs to Gayle McCullough recorded under
Brazoria County Clerk's File (D.C.C.F.) Number 97-040977.of the Official
Public Records of Brazoria County (0.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. 2018-234
PASSED and APPROVED on this the 10th day of December, A.D., 2018.
�l1'fil VI
TOM REID
MAYOR
ATTEST:
onilrii
iTY
NGy I R ="' %�S.- RETARY
APPROVED AS TO FORM:
C
DARRIN M. COKER
CITY ATTORNEY
2
I
February,2018
Parcel 70
Page 1 of S •
EXHIBIT A
County: Brazoria
II ighway: McHard Road
Project Limits: From F.M.865(Cullen Boulevard)to Mykawa Road
RCSJNo. 0912-31-309
Property Description for Parcel 70
BEING a 0:1436 acre(6,254 square feet)parcel of land located in the R.B.Lyle Survey,Abstract
543, Peariand, Brazoria County, Texas, being out of Lot 51, Section 4, W. Zychlinski
Subdivision,according to the plot thereof filed hi Volume 29,Page 43,Braze ria County Deed
Records(B.C.D.R.)and being out of that certain called 2.84 acres(calculated 2.850 acres)tract
as described Ina deed executed on November 7, 1997 from Secretary of Veterans Affairs to
Gayle McCullough recorded under Brazoria County Clerk's File(I3.C.C.F.)Number 97-040977
of'the Official Public Records of Brazoria County.(O.P.R.13.C.),said 0.1436 acre parcel being
more particularly described by metes and bounds as follows:
COMMENCING at a found 1-inch iron pipe marking the common southeast corner of
said Gayle McCullough tract and the northeast corner of that certain called 2.846 acres
tract as described in a deed executed on May 26, 1995 from Jolm Blanchard,et ux.to
Don Paul Strong,et mt.recorded under B.C.C.F.Number 95-017708 of the O.P.R.B.C;
THENCE, South 87° 22' 16" West, with the common southline of said Gayle
McCullough tract and the north line of said Don Paul Strong,et ux.tract,a distance of; .
651.81 feet to a set 5/8-inch iron rod with TxDOT aluminum cap for the southeast corner
and POINT OF BEGINNING of herein described parcel having coordinates of
N-13,778,681.91, E=3,1.44,309.69,and marking a point on the proposed east right-of. •
way line of County Road 107(Woody Road)(width varies),located 321.47 feat right of
McHard Road Proposed Baseline Station 161+47.61;
..11" Page C,2
6dl)
•
February,2018
Parcel 70
Page 2 of 5
EXhi1BIT A
1. THENCE,South 87°22' 16"West,continuing with the common south line of said Gayle
McCullough tract and the north line of said Don Paul Strong, et ux. tract passing at a
distance of 3:89 feet a paint on The existing east right-of-way line of said County Road 107
fano which a found 1-inch iron pipe bears South 88°50' 12"West,a distance of 1.50 feel,
for reference and continuing for a total distance of 34.19 feet to a point for corner;
2. THENCE,North 03°17'_36"West,with the west line of said Gayle McCullough tract and
being within the right-of-way of said County Road 107,a distance of 180.37.feet(called
180.31 feet)to a point for corner;
3. THENCE,North 87°18' 517 East,with the common north line of said Gayle McCullough
tract and the south lino of that certain called 2.846 acres tract as described in a deed
executed on September 29,2014 from Dwayne A.Bryce to Nhan Van Dao,et al.recorded
under 13.C.C.F.Number 2014042010 of the O.P.R.B.C„passing at a distance of 29.42 feet a
point on the existing east right-of-way line of said County Road,107 and continuing for a
total distance of 35.16 feet to a set 518-inch Iran rod with TxDOT aluminum cap for confer
located 141.30 feet right of MeHard Road Proposed Baseline Station 161+-55.67;"*
4. THENCE,South 02°59' 12"East,with the proposed east right-of-way line of said County
Road 107,a distance 180.40 Peet to the POINT 01?BEGINNING and containing 0.1436
acre(6,254 square feet)parcel of land. Contained within said 0.1436 acre(6,254 square
feet), 0.1237 acre, (5,386 square feet) is within the existing right-of-way of said County
Road 107.
(( JLL Page C.3
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February,2018 •
Parcel 70
Page 3 of S
EXHIBIT A
Note=
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 14-21,14.22,14-24,H-44 and 11-46(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 Faptor of 1.000E3.
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.
as 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 Lund Surveyor, either employed or retained by
TxDOT.
I hereby certify that this survey was performed on the ground under my supervision and that this
properly description and accompanying parcel plat represent the facts as found at the time of the
survey. Survey Date:October,2016
C.L.Davis Date fc..4 * m. I
Registered Professional Land Surveyor C.L.DAVIS
Texas Registration No.4464 4454 ea
C.L.Davis&Company '1ey�'a,,eFor e.4°,/
1500�ti finding Way sum
Friendswood,Texas 77546
Phone Number: 281-482-9490
TBPLS Firm No.10082000
(0)JUL Page C.4
Cm* .
LEGEND
SUBJECT DEED
(S) SET 5/8`1RON ROD w/CAP STAMPED PID NO.7 177279
DCA,. DAVIS RPLS 4464" aa LYLESURICYAB$TRRCT51.9
--�'— PROPERTY LINE CALLED 2.84 ACRES
—® PROPOSED RIGHT-OF-WAY UNE (CALC 2.850 AC.)
ISECRETARY OF
--HI-- ACCESS DENIAL. UNE .1E1
1 p`=' r E!STING RAV UNE
SURVEY UNE VL7ERANS AFFAIRS
"� t 0 T 51. SECTION 4 TO
B.C.D.R. DRAZORA COUNTY DEED RECORDS O ` �! W. �}I (SU6VM5Jpy GAYLE McCULLOUGN
O.P.R.E.C. OFFICIAL PUBLIC RECORDS OF CS D c (VOL 29, PG. SJ USA) (97-040977 O.P.R.B.C)
BRAZORA COUNTY �•-•• PROPOSED R/V1 UNE • 11-07-1997
B.C.P.R. BRAZORIA COUNTY PLAT RECORDS
IR IRON ROD S 8722'16"W. 651.81' a AREA WITHIN EXISTING
• P IRON PIPE P.O.B. P.O.C. ROW OF. C.R. 107
■ SET 5/8"IR wf TxDOT ALUM CAP 0.12.37 AC./5,3136 S.F.
(UNLESS OTHERWISE NOTED) PARENT TRACT INSET
• ❑ FOUND TYPE I CONC. MONUMENT FOR PARCEL 70 AREA WITHIN PROPOSED
o FOUND PROPERTY CORNER (AS DESCRIBED) - ROW OF C.R. 107 •
NOTES: NOT TO SCALE 0.0199 AC./868 S.F. .
- 1. All BEARINGS AND.CDORDINATES ARE AREA TABLE (ACRES)
REFERENCED TO THE TEXAS COORDINATE EXISTING TAKING REMAINDER AC.
SYSTEM,OF 1983 (NAD83) 1993 AC. AC./S.F. LEFT RIGHT
ADJUSTMENT, SOUTH CENTRAL ZONE (4204),
BASED ON TXDOT SURVEY CONTROL POINTS 2.656 0.1436
H-21, H-22, H-24, H-44 AND H-45 (CSJ (CALC.) 6,254 2.706 •
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 DIVIDING BY A OF 'L-----", Fp C.L. DAVIS & CO. FIRM NO.
COMBINED ADJUSTMENT FACTOR OF 1.00013. / q4`o 42.%, LAND SURVEYING 10052000
•2. FIELD SURVEYS WERE COMPLETED OCTOBER ! ,' '� 1500 WINDING WAY _
2016, C•L OAVIS FRIENDSVIOOD, TEXAS 77546
9 4464 a� i287-482=9490
3. A PROPERTY DESCRIPTION OF EVEN DATE ,IA, ^iStt1o.�,or
WAS PREPARED IN CONJUNCTION WITH THIS o SUbay„- PARCEL PLAT
PARCEL PLAT. SHOWING`^
bz"7Ss•zc‘g ' --' _ • 44-64 PARCEL 70
4. EXISTING ROW UNE SHOWN AS OCCUPIED DATE C. L DAVIS R.P.L.S. 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, 2018
S SEPTEMBER 2017. FOUND AT TIME OF THE SURVEY. PAGE 4 OF 5 SCALE: NTS
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CALLED 2.846 ACRES
DWAYNE A. BRYCE
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I I, NHAN VAN DAO, ET AL
(2014042010 0.P.R.B.C.)
• I ..
, L32' CLF 09-29-2014
iR.B.LYLESURVEY
BAREIWI RE FENCE
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L7g w A867R4CT 547
• s 3 4, 1# E .
cc c7 zr- •L 0 T 51 0 I 50
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h. < -.4 p I • STA. 161+55.67 SECTION 4
SCALE: 1"= 50'
CD PI >
• .Ri . .C' 1.Z. 1-7 OFF. 14.1.3012T
+ = W. ZYCHLINSKI SUBDIVISION
T.)() c3 '4.- LI, Fa (VOL. 29, PG. 43 B.C.D.R.) LINE DATA
• ;9,- r-2 8
Ct. Vi ' UNE BEARING DISTANCE
aQ , ,,,,, IR R 0 PID NO. 177219 LI S 8722'15" V/ 34.79
..S• .8 N '42.1LI LI-
•
I.: CALLED 2.84 ACRES
L2 N 03..17:36" VI 180 '
ZSECRETARY OF VETERANS AFFAIRS ..37
("CALC. 2.850 AC.)
P'l tc I * CALLED 181.31•
S4 *- CO ...1
1 STORY 2 L3 N 8718'59" E 35.16'GA111A'cTCOULL°UGH
WOOD ON L4 S 02'59'12"E 180.40'
,z) pz cr) WU
BLOCKS
(97-040977 0.P.R.B.C.) L5 S 8722'16" W 3.89.
11-07-1997
N 'S 0 L5
Ij L6 N 03'34'33" V/ 180.47'
0
r' -.Ta- WOOD
Li N 87'18'59" E 5.74.
1-
4-'4 %I.1r)iii ASPH DRIVE PORCH PARCEL 70
L8 S 8722'16" W 30.31'
FNE1.1"IP.
List ,*9LF
L9 N 8718'59"E 29.42'
U
I:3 CIL' 5 8722'16" W 651.81'
(nil— cn P.O.B.PARCEL 70
k sTA. 161+47.61 C.L. DAVLS & CO. FIRM NO_
• J LAND SURVEYING 0082000
1
p.a. OFF. 321.47' RT CALLED 2.845 ACRES
• .6! etm,El vet. • NE.4. 4..50
131,4778.698.16.991 'JOHN BLANCHARD. El UX 1500 WINDING WAY ._
70 FRIENDSWOOD, TEXAS 77546
- .
4=
II I . 0.Q.-• REF.PT. FND,7"IP DON PAUL STRONG, ET UX 281-482-9490• ,..—
LI .... BEARS S 8810. "12IN (95-01 7708 a P.R.B.C.)
• PARCEL PLAT
1.50 05-26-1995
SHOWING
PARCEL 70
.
McHARD ROAD
" THE MONUMENT DESCRIBED A740 SET MAY BE REPLACE WITH A TxDOT TYPE II RIGHT—OF—WAY BRAZORIA COUNTY
MARKER UPON COMPLETION OF THE HIGHWAY CONSTRUCTION PROJECT UNDER:THE SUPERVISION R.C.S.J. 0912-31-309 •
• OF A REGISTERED PROFESSIONAL LAND SURVEYOR, EITHER EMPLOYED'OR' RETAINEDFEBRUARY, 2018 BY TxDOT. PAGE 5 OF 5 SCALE: 1"=50.
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