HomeMy WebLinkAboutR2019-001 2019-01-14RESOLUTION NO. 2019-1
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
1.903 acres (82,888 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 certain tract (calculated 13.243 acres) as described in a deed executed
on March 28, 2015 from Jeff E. Fleming, Jr., et al. to Lucky Seven Mykawa, LLC
recorded under Brazoria County Clerk's File (B.C.C.F.), 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.
PASSED and APPROVED on this the 14th day of January, A.D., 2019.
RESOLUTION NO. 2019-1
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
January. 2018
Parcel 72
Page 1 of 9
EXHIBIT A
County: Brazoria
Highway: MCHard Road
Project Limits: From F.M. 865 (Cullen Boulevard) to Mykawa Road
RCSJ No. 0912-31-309
Property Description for Parcel 72
BEING a 1.903 acres (82,888 square feel) parcel of laud located in the R.B. Lyle Survey,
Abstract 543, Pearland. Brazoria County. Texas, being out of Lot 51. Section 4, W. Zyclilinski
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 certain tract (calculated 13.243 acres) as described in a
deed executed on March 28. 2015 from Jeff E. Fleming, Jr.. et al. to Lucky Seven Mykawa, LLC
recorded under Brazoria County Clerk's File (B.C.C.F.) Number 2015021192 of the Official
Public Records of Brazoria County (O.P.R.B.C.). said 1.903 acres 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
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 B.C.C.F. Number
2014042010 of the O.P.R.B.C. and the northeast corner of that certain tract as described
in a deed executed on November 7. 1997 from Secretary of Veterans Affairs to Gayle
McCullough recorded under B.C.C.F. Number 97-040977 of the O.P.R.B.C:
THENCE, North 02° 36' 25" West. with the common east line of said Nhan Van Dao. et
al. tract and the west line of said Lucky Seven Mykawa, LLC tract. a distance of 117.84
feet to a set 5/8 -inch iron rod with TxDOT aluminum un cap for the southwest corner and
POINT OF BEGINNING of herein described parcel having coordinates of
N-13,779,010.39. E=3,144.947.18. and marking a point on the proposed south right-of-
way line of McHard Road (120 feet wide). located 60.00 feet right of McHard Road
Proposed Baseline Station 168+18.49:''*
1. THENCE, North 02° 36' 25" West, with the common east line of said Nhan Van Dao. et al.
tract and the west line of said Lucky Seven Mykawa. LLC tract, a distance of 62.04 feet to a
point marking the common northeast corner of said Nhan Van Dao. et al. tract and the
northwest corner of said Lucky Seven Mykawa. LLC tract, from which a found 1 -inch axle
bears North 20° 39' 14" East. a distance of 1.85 feet. for reference:
Page C.2
Ja
January. 2018
Parcel 72
Page 2 of 9
EXHIBIT A
2. THENCE, North 87° 21' 41" East. with the common north line of said Lucky Seven
Mykawa. LLC tract. the south line of that certain tract as described in a deed executed on
April 13. 1963 from E.J. Breen to John Bogar. et ux, as recorded under Volume 850. Page
242 B.C.D.R.. and the south line of that certain tract as described in a deed executed on
February 26. 2015 from Edgar Holdings Corporation to Edgar Properties. LLC recorded
under B.C.C.F. Number 2015032208 of the O.P.R.B.C.. a distance of 1.313,84 feet to a
found 5/8 -inch iron rod with cap stamped Wilson Survey Group for corner.
3. THENCE, South 02° 38' 49" East. with the existing west right-of-way line of Mykawa
Road (width varies). a distance of 46.84 feet to a point for coiner, from which a found 5/8 -
inch iron rod bears South 67° 00' 06" West. a distance of 0,51 feet, for reference:
4. THENCE, South 47° 49' 15" East. continuing with the existing west right-of-way line of
said Mykawa Road. a distance of 21.15 feet to a point for corner:
5. THENCE, South 02° 38' 49" East. continuing with the existing west tight -of -way line of
said Mykawa Road. a distance of 36.20 feet to a set 5/8 -inch iron rod with TxDOT
aluunimun cap for corner. narking the south end of a cut -back corner located at the
intersection of the proposed south right-of-way line of said McHard Road and the existing
west right-of-way line of said Mykawa Road. located 94.95 feet right of McHard Road
Proposed Baseline Station 181-47,40:*•
6. THENCE, North 47° 46' 37" West. with said cut -back corner. a distance of 49.56 feet to a
set 5/8 -inch iron rod with TxDOT aluminum cap for corner marking a point on the proposed
south right-of-way line of said McHard Road, located 60.02 feet right of McHard Road
Proposed Baseline Station 181+12.25;**
7, THENCE, South 87° 24' 12" West, with the proposed south right-of-way line of said
McHard Road passing at a distance of 112.25 feet a set 5/8 -inch iron rod with TxDOT
aluminum cap, located 60.02 feet right of McHard Road Proposed Baseline Station
180+00.00 and continuing for a total distance of 1.293.76 feet to the Pon -I' OF
BEGINNING and containing 1.903 acres (82,888 square feet) parcel of land,
((JLL
Page C.3
LEGEND
(E)
SET 5/8'IRON ROD w/CA° STAMPED
"C.L. DAVIS RPLS 4464"
PROPERTY UNE
PROPOSED RIGHT-OF-WAY LINE
-- ACCESS DENIAL UNE
- - - - SURVEy LINE
8.C.D.R. BRAZORIA COUNTY DEED RECORDS
O.P.R.B.C. OFFICIAL PUBIC RECORDS OF BRAZORIA .AUNT'
B.C.P_R. BRAZORIA, COUNTY PLAT RECORDS
IR 'RON ROD
IP IRON PIPE
■ SET 5/8" IR w/TxDOT ALUM CAP
(UNLESS OTHERWISE NOTED)
❑ FOUND TYPE I CONC. MONUMENT
• SET (AS INDICATED)
p FOUND PROPERTY CORNER (AS CESCRIBED)
NOTES:
1. ALL BEARINGS AND CCORDINATES ARE
REFERENCED TO THE TEXAS COORDINATE
SYSTEM OF '983 (NAD83) 1993
ADJUSTMENT, SOUTH CENTRAL ZONE (4204),
BASED ON TXDOT SURVEY CONTROL POINTS
H-21, H-22, H-24, H-44 AND H-45 (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 FACTOR OF 1.00013.
2. FIELD SURVEYS WERE COMPLETED OCTOBER
2016.
P.O.C.
P.U.B.
PROPOSED McHARD ROAD
PROPOSED R/W LINE EXIST. R/'A' LINE
RS LYLE SURVEY ABSTR4CT543
PARENT TRACT" INSET
FOR PARCEL 72
NOT TO SCALE
OF
t&TF f+?
C.L. DAMS
, � y� 4464 ?
3. A PROPERTY DESCRIPTION OF EVEN DATE ��.�q;�staryo�
WAS PREPARED IN CONJUNCTION WITH THIS
PARCEL PIA-.
4454
4. EXISTING ROW UNE SHOWN AS OCCUPIED DATE C. L. DAVIS R.P.L.S. No.
ANC MONUMENTED AT 'R4E OF SURVEY.
5. ABSTRACTING WAS COMPLETED IN
SEPTEMBER 2017.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON
THE GROUND UNDER µY SUPERVIS"ON AND THAT
THIS PLAT CORRECTLY REPRESENTS THE FACTS AS
FOUND AT TIME OF THE SURVEY.
MYKAWA ROAD
SUBJECT DEED
PD ND. 177179
RESIDUE CALLED 23.432 ACRES
JEFF E. FLEMING, JR.. ET AL.
-O
LUCKY SEVEN MYKAWA, LLC
(2015021192 O.P.R.B.C.)
03-28-2015
AREA TABLE (ACRES)
EXISTING TAKING REMAINDER AC.
AC. AC./S.F. LEFT RIGHT
13.243 1.903
(CALL.) 82,889
11.340
DATE REVISION
C.L. DAVIS & CO. FIRM NO.
MI LAND SURVEYING 10082000
1500 WINDING WAY
FRIENDSW000, TEXAS 7754,5
281-482-9490
PARCEL PLAT
SHOWING
PARCEL 72
kIcHAIR ROAD
BRAZORIA COUNTY
R.C.S.J, 0912-31-309
JANUARY. 2018
PAGE 4 OF 9 SCALE: NTS
CALLED WEST 10 ACRES OF TRACT 56
BREEN
TO
JOHN BOGAR, ET UX
(VOL. 850, PG. 242 B.C.D.R.)
04-13-1963
PROPOSED R/WINE
R.B. LYLESURVEY
ABSTRACT 543
BARBWIRE FENCE
L 0 T
SECTION
REF.PT. FND.' "AXLE
BEARS N 20'39'14" E
1,85'
BARBI/VIRE FENCE
56
4
S
w
<w
C13
r�Q BARBWIRE FENCE
SEUN£ A" 168+00
PROPOSED R/W LINE
CALLED 2.846 ACRES
DWAYNE A. BRYCE
70
NHAN VAN DAD, ET AL.
(2014042010 O.P.R.B.C.)
09-29-2014
P.O.C.
PARCEL 72
FND.1 "6P
RBWIRE FENCE
U
Z
w
w
cp
m
A
9ARBWIRE FENCE
FND.5/8"IR
72 w/CAP C. L. DAVIS
PROPOSED McHARD ROAD
(120'
8721 '41-" E
1,313.84'
S 8724'12" W 1,293.76'
P.0.8. PARCEL 72
STA. 168+? 8.49
OFF. 60.00'RT
N: '3.779,010.39 L 0 T 57
E: 3,144,947.18 SECTION 4
W. ZYCNLINSK/ SUBDIVISION
(VOL. 29, PG. 43 B.C.D.R.)
SC -55 g,
CALLED 2.84 ACRES
SECRETARY OF
VETERANS AFFAIRS
To
GAYLE McCULLOUGH
(97-040977 O.P.R.B.C.)
' 1-07-1997
MATCH LINE PAGE 6
., THE MONUMENT DESCRIBED AND SET MAY BE REPLACED WITH A TxDOT TYPE II RIGHT-OF-WAY
MARKER UPON COMPLETION OF THE HIGHWAY CONSTRUCTIO\ PROJECT UNDER THE SUPERVISION
OF A REGISTERED PROFESSIONAL LAND SURVEYOR, EITHER E'PLOYED OR RETAINED BY TxDOT.
0 50
l l 1
SCALE: 7'.-= 50'
LINE DATA
LINE
BEARING
DISTANCE
L 1
N 02'36 '25" W
62.04'
L2
S 47'49'15" E
21.15'
L3
S 02'38'49" E
35.20'
L4
N 47'46'37" W
49.56'
C.L. DAVIS & CO. FIRM NO.
IE;
LAND SURVEYING 10082000
1500 WINDING WAY
FRIENDSW00D, TEXAS 77546
281-482-9490
PARCEL PLAT
SHOWING
PARCEL 72
Mc HARD ROAD
BRAZORIA COUNTY
R.C.S.J. 0912-31-309
JANUARY, 2018
PAGE 5 OF 9 SCALE: 1"=50'
I
MATCH LINE PAGE 5
L 0 T 56
SECTION 4
W. ZYCHLINSKI SUBDIVISION
(VOL_ 29, PG. 43 B. C. D. R.)
R.B. LYLESURVEY
ASSTRACT543
aID NO. 177173
EDGAR iiOLDINGS CORPORATION
TO
EDGAR PROPERTIES, LLC
(2015032208 O.P,R.B.C.)
02-26-2015
PROPOSED R/W LINE
x
BARBWIREFENCE
BARB WIRE FENCE
BARBWIRE FENCE
BARBWIRE FENCE
N 8721'41" E 1,313.84' 172+00 BASELINE R" BARBWIRE FENCE
PROPOSED McHARD ROAD
(120'
S 8724'72" W 1,293.76'
aID NO. 177179
RESIDUE CALLED 23.32 ACRES
JEFF E. FLEMING, JR.. ET AL.
`0
LUCKY SEVEN µYKAWA. LLC
(2015021192 0.P.R.B.C.)
03-28-2015
PROPOSED R/W LINE
L 0 T 51
SECTION 4
W. ZYCHLINSKI SUBDIVISION
(VOL. 29, PG. 43 B. C. 0. R.)
" THE MONUMENT DESCRIBED AND SET MAY BE REPLACED WITH A TxDOT TYPE II RIGHT-OF-WAY
MARKER UPON COMPLETION OF THE HIGHWAY CONSTRUCTION PROJECT UNDER THE SUPERVISION
OF A REGISILIiED PROFESSIONAL LAND SURVEYOR, EITHER EMPLOYED OR RETAINED BY TxDOT.
MATCH LINE PAGE 7
SCALE: 1
LINE DATA
LINE
BEARING
DISTANCE
L I
N 02'36'25" W
62.04 '
L2
S 4749'15" E
27.15'
L3
S 02'38'49" E
36.20'
L4
N 4746'37" W
49.55'
rC.L. DAVIS & CO. FIRM NO.
LAND SURVEYING 10082000
1500 WINDING WAY
FRIENDSWOOD, TEXAS 77546
281-482-9490
PARCEL PLAT
SHOWING
PARCEL 72
McHARD ROAD
BRAZORIA COUNTY
R.C.S.J. 0912-31-309
JANUARY, 2018
PAGE 6 OF 9 SCALE
L 0 T 56
SECTION 4
W. ZYCHLINSKI SUBDIVISION
(VOL. 29, PG. 43 B. C. D. R. )
R.B. LYLE SURVEY
ASSTR4CT543
PROPOSED
R/W LINE
BARBWIRE FENCE
BAREWIRE FENCE
x
w
U
z
a i
3
cc
cc
x
PIO NO. 177173
EDGAR HOLDINGS CORPORATION
TO
EDGAR PROPERTIES, LLC
(2015032208 O.P.R.3.C.)
02-26-2015
174+00 BASELINE "'A" N 8721'41" E 1,313.84'
PROPOSED R/W LINE
CALLED 1.5892 ACRES
EDGAR MACHINERY
CORPORATION
TO
CITY OF PEARLAND
(2006020265 O.P.R.B.C.)
04-07-2006
SOUTH LINE LOT 56
176+00
PROPOSED McHARD ROAD @,
(IR.O.w. VARIES)
NORTH LINE 51
S 8724'12 W 1,293.76'
PID NO. 177179
RESIDUE CALLED 23.432 ACRES
JEFF E. FLEMING, JR.. ET AL
70
LUCKY SEVEN MYKAWA. LLC
(2015021192 O.P.R.B.C.)
03-28-2015
PROPOSED R/W LINE
L 0 T 51
SECTION 4
W. ZYCHUNSKI SUBDIVISION
(VOL 29, PG. 43 B. C. D. R.)
F4 THE MONUMENT DESCRIBED AND SET MAY BE REPLACED WITH A TxDOT TYPE II RIGHT-OF-WAY
MARKER UPON COMPLETION OF THE HIGHWAY CONSTRUCTION PROJECT UNDER THE SUPERVISION
OF A REGSTERED PROFESSIONAL LAND SURVEYOR, ETHER EV?LOYED OR RETAINED BY TxDOT.
�C1
LLI
ti
'I
l�
50
SCALE: 1 "= 50'
LINE DATA
LINE
BEAR.IVC
DISTANCE
L1
N 02'36'25" W
62.04'
L2
S 47'49'15" E
21.15'
L3
S 02'38'49" E
36.20'
L4
N 47'46'37" W
49.56'
( tC.L. DAVIS & CO. FIRM NO.
) LAND SURVEYING 10082000
15C0 WINDING WAY
FRIENDS:N00D, TEXAS 77546
281-482-9490
PARCEL PLAT
SHOWING
PARCEL 72
McHARD ROAD
9RAZORIA COUNTY
R.C.S.J. 0912-31-309
JANUARY, 2018
PAGE 7 OF 9 SCALE: 1"=50'
MATCH LINE PAGE 7
w
U
z
w
BARB
PIO NO. 177173 v
EDGAR HOLDINGS CORPORATION c3
TO U
EDGAR PROPERTIES, LLC
(2015032208 O.P.R.B.C.) tic
02-26-2015
C7
W
U
z
w
WIRE FENCE
rr
m
x4 Re LYLE'SURVEY
ABSTR4CT543
LOT 56
SECTION 4
PROPOSED
R/W LINE
BARB WIRE FENCE
BARBWIRE FENCE
CALLED 1.5892 ACRES
EDGAR MACHINERY
CORPORATION
TO
CITY OF PEARIAND
(2006020265 O.PR,B.C,)
04-07-2006
BArRBWI.RE FENCE 178+00 N 8721 41 E 1,313.84`
PROPOSED McHARD ROAD
(120' R.O.w.)
72
BASELINE "A"
1
FRCD R/W LINE
a
SC -56 AID NO. 177179
RESIDUE CALLED 2.3.432 ACRES
JEFF E. FLEMING, JR., E" AL.
TO
LUCKY SEVEN MYKAWA, LLC
(2015021192 O.P,R.B.C.)
03-28-2015
6724'12"
1,293.7&' STA. 180+00.00
OFF. 60.02' RT.
L 0 T 51
SECTION 4
W ZYCHLINSKI SUBDIVISION
(VOL. 29, PG. 43 B. C. D. R.)
"' THE MONUMENT DESCRIBED AND SET 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,
TCH LINE PAGE 9
I
O I 50
SCALE 1"- 50'
LINE DATA
LINE
BEARING
DISTANCE
L 1
N 02'3'6'25" W
62.04'
L2
S 4749'15" E
21.15'
Li
S 02'38'49" S
35.20'
L4
N 4745'37" W
49.55'
C_L: DAVIS & CO. FIRM NO.
LAND SURVEYING/0082000
1500 WINDING WAY
FRIENDSWDOD. TEXAS 77546
281-482-9490
PARCEL PLAT
SHOWING
PARCEL 72
MCHARD ROAD
BRAZORIA COUNTY
R.C.S.J. 0912-31-309
JANUARY, 2018
PAGE 8 OF 9 SCALE: 1"=50'
MATCH LINE PAGE 8
L 0 T 56
SECTION 4
R.O.W. EASEMENT -
(02-037570 G.P.R. 8. C.
1BASELINE a"
72`
9W' FN0.5/8"IR
w/WILSON CAP
li
S 02'38'49" E
46.84'
REF.P-. FN0.5'8"IR
BEARS S 67100'06 W 0.51'
112.25' **TSP
STA. 181+12.25
OFF.60.02'RT
STA. 181+47.40
L 0 T 51 OFF.94,95'R'T
SECTION 4
R.B. LYLE SURVEY
ABSTRACT -54Y
I
S
C-57
—INLET
DEED TABLE
A
CALLED 0.0187 ACRE
R.O.W. EASEMENT
(02-036068 O.P.R.B.C.)
ALSO SEE
(02-036069 0.P_RB.C)
END BASELINE "A"
STA. 18' +96.87
et
CY
Cn c.3
dV�
U U
eft
" THE MONUMENT DESCRIBED AND SET MAY BE REPLACED WITH A Tx DOT 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
0 50
SCALE, 1 "= 50'
LINE DATA
LINE
BEARING
DISTANCE
LI
N 02'35'25" W
52.04'
L2
S 47'49'75" E
21.15'
L3
S 02'38'49" E
36.20'
L4
N 4745'37" W
49.56'
C.L. DAVIS & CO. FIRM NO.
LAND SURVEYING 0082000
1500 WINDING WAY
FRIENDSWOOD, TEXAS 77546
281-482-9490
PARCEL PLAT
SHOWING
PARCEL 72
UcHARD ROAD
BRAZORIA COUNTY
R.C.S.J. 0912-31-309
JANUARY. 2018
PAGE 9 OF 9 SCALE: 1 "=50'
cc
C)
0