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R2019-005 2019-01-14 RESOLUTION NO. 2019-5 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 0.7569 acre (32,972 square feet) parcel of land located in the H.T. & B. R.R. Company Survey,Abstract 219, Pearland, Brazoria County, Texas, being out of Lot 10, Section 7, Allison Richey Gulf Coast Home Company's Subdivision (unrecorded) and being out of that certain called 1.1183 acres (calculated 1.080 acres) tract as described in a deed executed on August 4, 2009 from Lam Moc Ly to Minh Thi Vo recorded under Brazoria County Clerk's File (B.C.C.F.) Number 2009042873 of the Official Public Records of Brazoria County (0.P.R.B.C.) and being out of that certain called 1.1183 acres (calculated 1.080 acres) tract as described in a deed executed on August 4, 2009 from Tam Le to Minh Thi Vo recorded under B.C.C.F. Number 2009042872 of the 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 RESOLUTION NO. 2019-5 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. TOM REID MAYOR ATTEST: o: �T�� NG W"1" , T"MC ;�`. /\ 1�= Y S 3'ETARY .... APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 February,2018 Parcel 44 Page 1 of 6 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 44 BEING a.0.7569 acre(32,972 square feet)parcel of land located in the H.T. & B. R.R. Company Survey, Abstract 219, Pearland, Brazoria County, Texas, being out of Lot 10, Section 7,Allison Richey Gulf Coast Home Company's Subdivision (unrecorded) and being out of that certain called 1.1183 acres (calculated 1.080 acres) tract as described in a deed executed on August 4, 2009 from Lam Moe Ly to Minh Thi Vo recorded under Brazoria County Clerk's File(B.C.C.F.) Number 2009042873 of the Official Public Records of Brazoria County (O.P.R.B.C.) and being out of that certain called 1.1183 acres (calculated 1.080 acres) tract as described in a deed executed on August 4, 2009 from Tam Le to Minh Thi Vu recorded under B.C.C.F. Number 2009042872 of the O.P.R.B.C., said 0.7569 acre parcel being more particularly described by metes and bounds as follows: COMMENCING at a point marking the common southeast corner of said Minh Thi Vo tract and the southwest corner of that certain called 0.9703 acre tract as described in a deed executed on September 22, 2009 from Minh Thi Vo, et rix. to Veronica Blanco recorded under B.C.C.F.Number 2009042874 of the O.P.R.B.C.; THENCE, North 03° 04' 58" West, with the west line of said Veronica Blanco tract passing at a distance of 20.42 feet a found 5/8-inch iron rod for reference and continuing a total distance of 57.95 feet to a set 5/8-inch iron rod with TxOOT aluminum cap for the southeast corner and POINT OF BEGINNING of herein described parcel located on the proposed southright-of-way line of McHard Road (120 feet wide) having coordinates of N=13,778,92522, E=3,138,227.87, located 60.00 feet right of McHard Road Proposed Baseline Station 100+72.44;** February, 2018 Parcel 44 Page 2 of 6 EXHIBIT A 1. THENCE, South 87° 00' 32" West, with the proposed south right-of-way line of said McHard Road, a distance of 149.06 feet to a set 5/8-inch iron rod with TxlOT aluminum cap marking a point at the north end of a cut-back corner at the southeast corner of the intersection of the proposed south right-of-way line of said McHard Road and the proposed east right-of-way line of County Road 109 (Garden Road) (width varies), located 60.00 feet right of McHard Road Proposed Baseline Station 99+23.38;** 2. THENCE, South 42° 02' 39" West, with said cut-back corner, a distance of 49.42 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 southeast comer of the intersection of the proposed south right-of-way line of said Millard Road and the proposed east right-of-way line of said County Road 109, located 94.92 feet right of Mcfla.rd Road Proposed Baseline Station 98+88.42;** 3. THENCE, South 03° 02' 45"East, with the proposed east right-of-way line of said County Road 109, a distance of 22.76 feet to a set 5/8-inch iron rod with TxDOT aluminum cap for corner,located 117.68 feet right of McHard Road Proposed Baseline Station 98+88.44;** 4. THENCE, South 87° 05' 35" West, with the north line of that certain tract described in a deed executed on May 21, 2015 from Edelmiro S. Briones, et ux. to Teodoro Garcia, Jr., recorded under B.C.C.F. Number 2015024436 of the O.P.R.B.C. passing at a distance of 5.00 feet the existing east right-of-way line of said County Road 109 and continuing a total distance 45.00 feet to a point for corner; 5. THENCE, North 03° 02' 45" West, with the west line of said Mirth Thi Vo tract being within the right-of-way of said County Road 109, a distance of 214.80 feet to a point for corner; 6. THENCE,North 87° 05' 35"East, with the south line of that certain called 5.000 acre tract described in a deed executed on July 13, 1988 from Mtrust Corp., trustee to Texas Underground, Inc. recorded in Volume (88)570, Page 393 of the O.P.R.B.C., passing at a distance of 40.00 feet a found 5/8-inch iron rod with cap located on the existing east right- of-way line of said County Road 109 for reference and continuing a total distance of 45.00 feet to a set 518-inch iron rod with TxDOT aluminum cap for comer, located 97.12 feet left of McHard Road Proposed Baseline Station 98+8$.23;** February, 2018 Parcel 44 Page 3 of 6 EXHIBIT A 7. THENCE, South 03° 02' 45" East, with the proposed cast right-of-way line of said County Road 109, a distance of 2.12 feet to a set 5/8-inch iron rod with TxDOT aluminum cap marking a point at the north end of a cut-back corner at the northeast corner of the intersection of the proposed north right-of-way line of said McHard Road and the proposed east right-of-way line of said County Road 109, located 95.00 feet left of McHard Road Proposed Baseline Station 98+88,24;** 8. THENCE, South 48° 01' 06" East, with said cut-back corner, a distance of 49.52 feet to a set 518-inch iron rod with TxDOT aluminum cap marking a point at the south end of a cut- back corner at the northeast corner of the intersection of the proposed north right-of-way line of said McHard Road and the proposed east right-of-way line of said County Road 109, located 60.00 feet left of McI lard Road Proposed Baseline Station 99+23.27;** 9. THENCE, North 87° 00' 32" East, with the proposed north right-of-way line of said McHard Road, a distance of 148.98 feet to a set 5/8-inch iron rod with TxDOT aluminum cap for corner, located 60.00 feet left of McHard Road Proposed Baseline Station 100+72.25;** 10. THENCE, South 03° 04' 58" East, with the west line of said Veronica Blanco tract, a distance of 120.00 feet to the POINT OF BEGINNING and containing 0.7569 acre (32,972 square feet)parcel of land. SAVE AND EXCEPT, that certain called 0.049 acre (calculated 0,0493 acre) tract described in a deed executed on May 15, 2001 from Nguyen Van Ly, et al. to City of Pearland recorded under B.C.C.F. Number 01-026619 of the O.P.R.B.C. leaving a net area of 0,7076 acre (30,824 square feet). Contained within said 0.7076 acre(30,824 square feet), 0.1479 acre,(6,444 square feet) is within the existing right-of-way of said County Road 109. February, 2018 Parcel 44 Page 4 of 6 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, 11-22, 11-24, H-44 and 11-46 (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 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 11 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, 2016 0 C. L. Davis Date '.Gc � t4 f; Registered Professional Land Surveyor ' $4 *C.�,t7AV S 4 6.IP Texas Registration No. 4464 C. L. Davis &Company ` V 44$44 �: 1500 Winding Way � � 4,04, Friendswood, Texas 77546 40 S t!R Phone Number: 281-482-9490 TBPLS Finn No. 10082000 LEGEND PARENT TRACT INSET (S) SET 5/8r'IRON ROD W/CAP STAMPED FOR PARCEL 44 GROSS AREA "C.L DAVIS RPLS 4464" NOT TO SCALE 0.7569 AC./32,972 S.F. , -- PROPERTY LINE AREA OF MINH THl VO - PROPOSED RIGHT-OF-WAY UNE k TRACT WITHIN EXISTING —Hi-- ACCESS DENIAL LINE `? PROPOSED ROW Lime ROW OF C.R. 109 SURVEY LINE v Ii7:45&RA Cu r 0.1479 AC./5,444 S.F. B.C.D.R, BRAZORIA COUNTY DEED RECORDS 0 ..WFMCT21,9 AREA OF SAVE & O.P.R.B.C. OFFICIAL PUBLIC RECORDS OF BRAZORIA COUNTY �q1 i' PROPOSED *HARD ROAD EXCEPT CITY OF B.C.P.R. BRAZORIA COUNTY PLAT RECORDS W L .+ X (120' R.o.w.) PEARLAND TRACT WITHIN • IR IRON ROD L 8 EXISTING ROW OF IP IRON PIPE q O 1 • SET 5/8" IR w/TxDOT ALUM CAP P,0.8. C.R. 109 0.0493 AC,/2,148 S.F. (UNLESS OTHERWISE NOTED) U cy PROPOSED ROW LINE f 0 FOUND TYPE I CONC. MONUMENT N 0.3.04'58' wAREA WITHIN PROPOSED a SET (AS INDICATED) 57.95' ROW OF McHARD ROAD o FOUND PROPERTY CORNER (AS DESCRIBED) ' 0.5597 AC./24,380 S.F. NOTES: P.O.C. 1. ALL BEARINGS AND COORDINATES ARE 1 Q AREA TABLE (ACRES) F4D No. 184421 PIO No. 164421 REFERENCED TO THE TEXAS COORDINATE RESIDUE CALLED RESIDUE CALLED SAVE & EXCEPT 0.049 ACRE EXISTING TAKING REMAINDER AC. SYSTEM OF 1983 (NAD83) 1993 1.1183 AG ES (.1183 Acmes (CALL. 1.080 AC) (c,ALc. 1.060 Ac.) NGUYENCALC . 9Y £AC.) AG ADJUSTMENT, SOUTH CENTRAL ZONE (4204), LOT 1 LOT 1V AL AC./S.F. LEFT RIGHT BASED ON TXDOT SURVEY CONTROL POINTS LAM TOC Lr TAMTOLECITY OF PEARLANO 1.080 0.7076 H-21, H-22, H-24 H-44 AND H-46 (CSJ AIBP( TH1 VO MIM ml Vo t01-o268i O.P.R.B.c.) (CALL.) 30,824 0.1421 0.2303 H-24, (2009042$73 0_P.R.BC,)(2009042872 O.P.R.BC.) 15 2001 ` NO. 0912-00-143) AS PROVIDED BY TXDCT. 0B-04-2009 08-04-2006 DATE REVISION ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE VALUES AND MAY BE • OF CONVERTED TO GRID BY DIVIDING BY A /�Q ��si�°+4- . JCf) C.L. DAVIS & CO. FIRM NO. COMBINED ADJUSTMENT FACTOR OF 1000'.3. LAND SURVEYING 10082000 C.L.DAVIS ` 2. FIELD SURVEYS WERE COMPLETED OCTOBER 1500 WINDING WAY 2016. ��,® 4464 ; FRIENDSWOOD, TEXAS 77546 �'� +�. ��+�i�r 281 -482-9490 3. A PROPERTY DESCRIPTION OF EVEN DATE ::"Pt),W714.-141. WAS PREPARED IN CONJUNCTION WITH THIS "'" PARCEL PLAT PARCEL PLAT. ot-zS-�\S !a� 4464 SHOWING DATE C. L. DAVIS R.P.L.S. No. PARCEL 44 4. EXISTING ROW LINE SHOWN AS OCCUPIED HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON McHARD ROAD AND MONUMENTED AT TIME OF SURVEY. BRAZORIA COUNTY THE GROUND UNDER MY SUPERVISION AND THAT R.C.S_J. 0912-31-309 5. ABSTRACTING WAS COMPLETED IN THIS PLAT CORRECTLY REPRESENTS THE FACTS AS FEBRUARY, 2018 SEPTEMBER 2017. FOUND AT TIME OF THE SURVEY. PAGE 5 OF 6 SCALE: NTS ;k LOT 10 HTB B ISR. CO.SURVEY I 'ND.S 9"R SECTION 7 al '5. 3: I I . V w/CA:- AWSON-RICKEY GULF COAST PIO No. 164426 AB$TRACT219 LOT 28 SECTION 8 ov,wr� I I ,,��� NOME ca.'s SU801V s,0N CALLED 5.000 ACRES DRrti:• i I! I<i' *x V-RUST CORP.. TRUSTEE STA. 98+88.23 (UNRECORDED) TO F.B.DRAKE'SURVEY I t 'k, II NETA =F. 97.1 LT. I-EXAS u.'CRRGROUND. INC. 60' NGRESS AND - �}.. ABSTRACT504 r /y tte88;570, PG. :393 U.P.N.H.C. EASEMENT � L7 cTA, 98+$8.24 (VOL.( ( ) EGRESS a NPTI< 78'CP I L6 I OFT. 99.00' L'. 07-13-1988 (53-011263 C.?.R.B.C.) cmAYG2s TO 24"C. , CLF 1J f L 4 ‹ STA. '00+72.2° I FRODOS=] 1 • .:,.• i C.T. 60.,-,1' LT.,_ ROK' LINE yy1 ^ ** GRAVii my((L9-- r PROPOSED RON+ LINE r��'II ' r. STS 39+23.27 �c* I ��J 0 100 PROPOSED McHARD ROAD I �;�i LL YF 29+23L. /_ I. L_� (12u' R.O. ;.) - �d �.-20' wIDE ROADWAY PROPOSED McHARD ROAD (12.0' R.O.W., SCALE: ?"_ 700' 20' WIDE R,QACWAY - ; t (VOL. 145. PG. 432 B.C.D.R.) 1 , r INF'2. 'G. 23-24 E-C.P.R.; ,p. I w (LOT 13)1 co+00 . I N 8706-32"E 574.08' A.f DATA P.O.B.PARCEL 44 ROPOSED BASELINE `A' !-I.i,. BEAR'JG CE OM'.STOR'' 98-x-0 v. uEtu M.LIG ^ !02+-00 OWF �� I �-� N: ,3,778,925.2z . �. L.T S 87'00 32" 41 149.06' . STA.98T "A" l '� I C E: 3,136,227.87 L2S 42'02:59" N_ 43.42' STA 98+43.'6 I STA. 100+72.4a o Y+O� �.weoc _ FND.3;'a FF ** "" Li S_ 03'02'45" E 22.75' nnSEJN'. "F" , I /?P/1j5L CFF- E0.00' Tf x� �i�CH� 11.5' C�4POFT STL 6+35'79 •w�o0 RCPCSED j P i/ V/ . S•A_ N+23.38 L 1 r 2D PROPOSED ROW LINE , I L4 S $705'35" N 45.00' =O�N _INE (2) --� FF. E0.00'RT. PP/'kAN �3WF P I T.. PSO. ss-c_� 4. -.P �. --«- 1.5 N 03'02'45'" W 274.80' �` �+ h] -4-'-'11. 1...99134+.5.7.47.' J - --o-FN:.S/8'ER 1.6 N 87'05''5" E 4_5.00' Z 1 03 til R ‘` 1a'�_ _ ` C c. \ H _� L 7 S 03'02'45" E 2.12' CCNC. �, I * -S'L4. 58+88,44 20.42' R='•'T- FND.5/8"IR 11 5 I I L12 OFF. -177.68_R1. L8 S 48'01'06- E 49-52' Q w 1 i I I REF-Rf. -ND.1' p wC -j-woo PCST 1 L9 N 87'00'32" E 148.98' o � ti N ,' - I , HEARS S 67'0x'35'W P.0_C. \ 4 LW S 03-04.58" 120.00' C 2'?5 PARCEL 44 Y - 2 • 10. I L3.� , ti 1_11 N 03'0458' W 57.95' Ct LI C ' I '�2 10'W.DE IL.dc'. EASEMENT- ©Q I 2=1 RID No. 164423 WITH AN 11.5' AERIAL EASEMENT AT L12 S 8705'35- A•' S.0c�' CJ 1x i .n n p. NOR7}i 1/2 -RACT 1 1 A PLANE 16' ABOVE GROU\D �' 40.00' Q.� ) I n" 'DELNIRO S. BFiC\ES• -1 Ux. L 13 S 8/'U 35 W o, c x z TC (VOL.(86)273, PG. 570 B.C.D.R.) --- LOT 29 SECTION 8 _ I `' L 14 N x'/_'05:55" L 40.G0'- Z;-4 rn TEODORO GARCIA. JR. 1 _ ALLISON-RICHEY GULF COAST (2C'5024436 C.P.R.B.C.) I L15 S 0.5'02'45" C 214-R0' NO.4E LO.'s SfIBOJVI$ION i e I 'II 05-21-2015 3RAZORIA COUNTY- LOT �1 CRAIV10E D1STR,CT No. 4 L 16 N 87'05'35" t 5.00' (Vol. 2, Pg 23-24 B.C.P.R.) SECTION 7 EASEMENT No. 3 ALLISON-RICHEY GULF COAST (VOL. 1285. PG. 705 B.C.D.R.) C.L. DAMS & CO. FIRM NO. NOME CO.'s SUBDIVISION r� (UNRECORDED) Y) LAND SURVEYING 10082000 OWNERSHIP TABLE 1 500 WINDING WAY � FRICNDSWOOD, TEXAS 77546 PID No. '61421 J PIO No. 164421 2 L`'J 2B1-482-9490 RESIDUE CALLED RESIDUE CALLED PID No. 164422 5�4YE & EXCEPT 1.1183 ACRES '.1183 ACRES CAIIFD 0•.^.49 ACRE PARCEL PLAT CALL. 1.128 AC.' (CA!-c. 1.t79 AC.) CALLED 0-9.03 ACRE 1 ALI DC LY ' :W LE NH THITOO, UX NGUYCN VAN 0.0493 k. Y, ET AL -n ro SHOWING 'NI VO MINH VC VERONICA 31.\GO TO PARCEL 44 ,(2009042873 0.P.R.E.C.)(7005C42872 O.P.R.6.C.) (20.090C.4222 009.0.0.: 01-026619 CITY or ARLAND .; MC�AI2D RCA!) 08-04-2009 08-04-2C09 C5-15-2001 3RAZOR:A COUNTY +* THE MONUMENT CESCRBED AND SET MAY BE REPLACED WITH A TxDOT TYP= I HIGH]-CF-WAY MARKER R•C•S•J. 0912-31 -,509 LPCN COMPLETION O- T:-1 HIGHWAY CDNSTRUC-ION PROJECT UNDER THE SUPERVIS-GN CF A REGISTERED FEBRUARY, 2018 PROFESSIONAL LAND SURVEYOR, EITHER EMPLOYED OR RETAILED !3Y TxDOT. PAGE 6 CF 6 SCALE: 1"=1 00'