R2019-004 2019-01-14 RESOLUTION NO. 2019-4
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
0.5421 acre (23,614 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 residue of a called 5.00 acre
(calculated 0.9703 acre) tract as described in a deed executed on March 23,
1984 from Maurice B. Hansell, et al. to Dinh Kim Pham, et al. recorded in
Volume 1768, Page 465 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.
PASSED and APPROVED on this the 14th day of January, A.D., 2019.
RESOLUTION NO. 2019-4
)RL„.L
TOM REID
MAYOR
ATTEST:
.� Q�R�Np''.
• NGi+ter ,� C ="•` " -
Y SRETARY • `
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
February,2018
Parcel 49
Page 1 of 5
EXHIBIT A
County: Brazoria
Highway: Mei lard Road
Project Limits: From F.M. 865 (Cullen Boulevard) to Mykawa Road
RCSI No. 0912-31-309
Property Description for Parcel 49
BEING a 0,5421 acre (23,614 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
residue of a called 5.00 acre (calculated 0.9703 acre) tract as described in a deed executed on
March 23, 1984 from Maurice B. Hansell, et al. to Dinh Kim Pham, et al. recorded in Volume
1768, Page 465 Brazoria County Deed Records (B.C.D.R.), said 0.5421 acre parcel being more
particularly described by metes and bounds as follows:
COMMENCING at a point marking the southeast corner of that certain tract as
described in a deed executed on September 22, 2009 from Minh Thi Vo, et ux. to
Veronica Blanco recorded under Brazoria County Clerk's File (I3.C.C.F.) Number
2009042874 of the Official Public Records of Brazoria County(Q.P.R.B.C.);
THENCE, North 03° 04' 58" West, with the east line of said Veronica Blanco tract
passing at a distance of 20.00 feet a found 5/8-inch iron rod for reference, and continuing
a total distance of 58.24 feet to a set 5/8-inch iron rod with TxDOT aluminum cap for the
southwest corner and POINT OF BEGINNING of herein described parcel located on
the proposed south right-of-way line of McHard Road(120 feet wide)having coordinates
of N=13,778,935.49, E=3,138,424.38, located 60.00 feet right of McHard Road Proposed
Baseline Station 102+69.22;**
February,2018
Parcel 49
Page 2 of 5
EXHIBIT A
1. THENCE, North 03° 04' 58" West, continuing with the east line of said Veronica Blanco
tract, a distance of 120.00 feet to a set 5/8-inch iron rod with TxDOT aluminum cap for
corner,located 60.00 feet left of Meflard Road Proposed Baseline Station l02+69.03;**
2. THENCE, North 87° 00' 32" East, with the proposed north right-of-way line of said
McHard Road, a distance of 148.21 feet to a set 518-inch iron rod with TxDOT aluminum
cap marking the beginning of a curve to the right having a radius of 2,060.00 feet and a delta
angle of 01° 21' 03", located 60.00 feet left of McHard Road Proposed Baseline Station
104+17.24;4c*
3. THENCE, along said curve and continuing with the proposed north right-of-way line of
said McHard Road an arc distance of 48.57 feet and a chord bearing of
North 87°41' 04"East,a chord distance of 48.57 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
104+64.40;41*
4. THENCE, South 03° 04' 58" East, with the west line of that certain tract as described in a
deed executed on June 1, 2010 from Minh Thi Vo, et ux. to Thu Thi Vo recorded under
B.C.C.F. Number 2010025755 of the O.P.R.B.C.,a distance of 120.04 feet to a set 5/8-inch
iron rod with TxDOT aluminum cap for corner marking a point on a non-tangent curve to
the left having a radius of 1,940.00 feet and a delta angle of 01° 26' 25", located 60.00 feet
right of Mcflard Road Proposed Baseline Station 104+67.51;**
5. THENCE, along said curve and with the proposed south right-of-way line of said McHard
Road an arc distance of 48.76 feet and a chord bearing of South 87° 43' 44" West, a chord
distance of 48,76 feet to a set 5/8-inch iron rod with TxDOT aluminum cap marking the
point of tangency, located 60.00 feet right of McHard Road Proposed Baseline Station
104+17.24;1'41
6. THENCE,South 87° 00' 32" West, continuing with the proposed south right-of-way line of
said McHard Road, a distance of 148.02 feet to the POINT OF BEGINNING and
containing 0.5421 acre (23,614 square feet)parcel of land.
February, 2018
Parcel 49
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 (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 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 time of the
survey. Survey Date: October, 2016
� `•
t OP
C. L.Davis Date
Registered Professional Land Surveyor � - k�
Texas Registration No.4464 �.
•
C. L.Davis & Company i� �" 0aA�'
1500 Winding Way O stata14"r4
Friendswood,Texas 77546
Phone Number: 281-482-9490
TBPLS Firm No. 10082000
LEGEND
(5) SET 5/8"IRON ROD w/CAP STAMPED
"C.L. DAVIS RPLS 4464" E
—1i' PROPERTY LINE PROPOSED ROW UNE Pia No. 154423
--• PROPOSED RIGHT-OF-WAY UNE Aersis R1 ca slims,
li Y RESIDUE CALLED 5.00 ACRES
—�FACCESS DENIAL LINE 48s7R4cr219 MAURICE a.KANSELI CET AL
SURVEY LINE1°
D!Nt KIM PHAM. ET AL
B.C.D.R. BRAZORIA COUNTY DEED RECORDS '� QJ (VOL 1768, PG. 475 Q.c.D_R.)
O.P.R.B.C. OFFICIAL PUBLIC RECORDS OF BRAZORIA COUNTY PROPOSED memo
f70AD as-Z3-1984
B,C.P.R. BRAZORIA COUNTY PLAT RECORDS (120' R.O.W.)
IR IRON ROD P.O.B.
IP IRON PIPE PROPOSED ROW UNE
■ SET 5/8" IR w/TxDOT ALUM CAP N 03"0438" W
(UNLESS OTHERWISE NOTED) 58.24'
p FOUND TYPE I CONC. MONUMENT E
• SET (AS INDICATED) P.O.C. PARENT TRACT INSET
D FOUND PROPERTY CORNER (AS DESCRIBED) FOR PARCEL 49
NOTES:
1. ALL BEARINGS AND COORDINATES ARE NOT TO SCALE
AREA TABLE (ACRES)
REFERENCED TO THE TEXAS COORDINATE
SYSTEM OF 1983 (NAD83) 1993 EXISTING TAKING REMAINDER AC.
ADJUSTMENT. SOUTH CENTRAL ZONE (4204),
AC. AC./S.F. LEFT RIGHT
BASED ON TXDOT SURVEY CONTROL POINTS 0.9703 0.5421
H-21, H-22, H-24, H-44 AND H-46 (CSJ (CALL.) 23,614 0.1647 0.2635
NO. 0912-00-143) AS PROVIDED BY TXDOT. DATE REVISION
ALL DISTANCES AND COORDINATES SHOWN
ARE SURFACE VALUES AND MAY BE OF
CONVERTED TO GRID BY DIVIDING BY A p�6.s`F��+.�` C.L. DAVIS &• CO. FIRM NO.
COMBINED ADJUSTMENT FACTOR OF 1.00013. j4 *IP Tit 'oto%v {` LAND SURVEYING 10082000
C.L DAV1S k 1500 WINDING WAY
2. FIELD SURVEYS WERE COMPLETED OCTOBER 1 w- ••z***" �.v, - o'
2016. .g 9� 4464 FRIENDSW00D, TEXAS 77546
,� *'FSSt....{��' 281-482-9490
3. A PROPERTY DESCRIPTION or EVEN DATE , SUR��r
WAS PREPARED IN CONJUNCTION WITH THIS - PARCEL PLAT
PARCEL PLAT, 624S 20 4464 SHOWING
DATE C. L. DAVIS R.P.L.S. No. PARCEL 49
4. EXISTING ROW LINE SHOWN AS OCCUPIED 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
FOUND AT TIME OF THE SURVEY. FEBRUARY, 2018
SEPTEMBER 2017. PAGE 4 OF 5 SCALE: NTS
LOT 10
SECTION 7 PID No. 164426 H.f&9.Rik CO.SURVEY
ALLISON—RICHEY GULF COAST CA_LCD 5.000 ACRS
HOME CO.'s SUBDIVISION MTRUST CORP., TRUSTEE ASSTRACT219
(UNRECORDED) TEXAS UNDERGROUND, INC. 60' INGRESS AND (-�
(VOL. (88)570. PG. 393 O.P,R.B.C.) EGRESS EASEMENT y-
07-1;5-'988 �(93-0"1263 G.P,R,B.C.j .sS
CLF CLF r
S . 1C2+a"S.C3- ST/ 104+17.2a STA, 10+84.40,
80;0' 1.T,** \ MFF. s0.004LT'7 C1 orF. 50.00' LT, j
-OROPOSED ROY,' LINE - L2 RROPOSED ROw1 L!N£
P.O.t3. PARCEL 49 woC.D �r• BASELINE�A'
N: 1-.78.935.4? k;PORGH "` ITC SIA. 1;,74+17,247 49 M) 14. G 10:
3.:'38.424.38 r'�c�e's.•EyS� "� Al 8700:32"E 574.08' 1/ - FrtQ�Gsf'. pe it SCALE:STA. 102+69.22 3 04+C,0 SEl/AZ A" AL_: i 100'
OFF. 60.03' P. : • I 02+0, • ` U I--te=2,000.00. 10E;O;j---
PROPOSED McHARD ROAD "=v939 O"
oeuae_e aloe .� MP Caj4858'
MANVFAcruRFD wooD' L.%.,.7.9,„ ?. bv,j x* CB=S a.7ss'ss"F.
HOME POR.1.� 1`.5 (120 0, * � cw0348.•
PROFCSED ROW _INE 1 i** L4 _FgOPOS�O kOK LINE DATA
BI I 2 EL. PED._ ewF ~ LIFE LINE SEARING DiSiANtCE
._.____ 47 �___ -47+-1:757
Pp _ 1- _ J_? .Ai 0.3'04 58" N 120.00'
-O�FN�,S%'$,,�R ----- - A.104+-+17.24 STA- 10a+ 7.51.
I
1 \ l r Ors. 60.00'r-. Orr. 60.30' R1. ` L2 N 87'00'32•' E 748.2;'
-,20.:00.
L3 S G3-C4'58" E 120.04'
Pwc --woD� / L4 S 8700'32" W 148.02'J
PIT Pose P.O.C. .Y L5 r 03'04'56" V• 58.24'
1D'YlIpE H.L 6P. EASEMENT BORIA COUNTY
Will AN 11.5' AERIAL EA5EMEN" MANAGE DSTRICT No. 4
Al A PLANE 16' ABM': ^oR0UN0 PARCEL 49 EASEMENT Na. 3
(vOL.(86)273, PG. 570 3.0-O-R.) LOT 11 PIO No, 164453
NORTH 1/2 TRACT 11 0.,01.OI. 12M, PG. /1-1!) I.C.7.R.)
SEC77ON 7 EDELMIRO S. BRICN_S, =I ;;x.
ALLISON—RICHEY GULF COAST _ TC
NOME CO.'s SUBD11dS/ON EODORO GARCIA, JR.
(UNRECORDED) (20'13 351 O.l'.R.B.G.)
GS-2-21-2015
OWNERSHIP
C.L. DAVIS & CO. FIRM NC.
2` I�ZZ1 [41 IC1S LAND SURVEYING 10082000 ..
PO Nc. 164423 RD No. '6h424
Piz No. 164422 RESIDUE CALLED 5.00 ACRES .,-
0
CALLED 0.9723 ACRE (CA C, 0.971},i A::.} CALLED 0.9703 ACRE 150WINDING WAY
MINH T-i VO. Er UN MAIJRICE 8. HANSEI.., F.1 AT M'NH '-I VG F.RIENDSWOOD, TEXAS 775'l0
TO _� TO
VERONICA BLANCO DINH KIM PRAM, FT AI
TH11 THI I Y 281 -4•82-9490
(2009042874 O.P.R.H.C.) VOL( . 1768, PG. 465 B.C.D.R.) (2C10025755 O.P.R.B.C.)
G9-22 2009 03-23-1984 C6-01-2C.0 PARCEL PLAT
SHOWING
CURVE RADIUS ',DELTA ANGLE ARC LENGTH CHORD BEARING CHORD LENGTH PARCEL 49
C7 2,060.0?' 07"21'03" 48..5/' N 8/'47'04" E 48.57' MeHARD ROAD
C2 !,940.00' G1"2625" 46.75' S 8/'4„'44" W 48.76' BRAZO.RIA COUNT"
rkREPLACEDI - R.C.S.J. 0912.-31 309
THE MONUMENT D=SvRIBEC ANC SE' b1A'i BE. WITH A IxUUI IY=_ II K GH--U=—'aihY MARKER
UPON COMPLETION OF THE -I GIN+AY CONS I RUC HON PROJ_C- JNDER THE SUPERVISION OF A RECISTERED FEBRUARY, 2018
PROFESSIONAL LkNi) SURVEYOR, ETI-ER EVPLCYED OR RETAILED BY TxOOT. PAG- 5 OF 5 SCALE: 1"=1OO'