R2019-006 2019-01-14 RESOLUTION NO. 2019-6
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
0.5486 acre (23,899 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 0.970 acre (calculated
0.9703 acre) tract as described in a deed executed on December 5, 2006
from Tam Le to Thanh Yeh Vu recorded under Brazoria County Clerk's File
(B.C.C.F.) Number 2007001587 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.
PASSED and APPROVED on this the 14th day of Janaury, A.D., 2019.
RESOLUTION NO. 2019-6
--)6/171-S/
TOM REID
MAYOR
ATTEST:
NG 44 G RMC "
YS ' RETA
APPROVED AS TO
FORM:
DARRIN M. COKER
CITY ATTORNEY
2
February,2018
Parcel 5
Page 1of6
EXHIBIT A
County: Brazoria
Highway: McHard Road
Project Limits: From F.M. 865 (Cullen Boulevard)to Mykawa Road
RCS.'No. 0912-31-309
Property Description for Parcel 51
• 5
BEING a 0.5486 acre(23,899 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 0.970 acre (calculated 0.9703 acre) tract as described in a deed executed on December 5,
2006 from Tam Le to Thanh Yeh Vu recorded under Brazoria County Clerk's File (B.C.C.F.)
Number 2007001587 of the Official Public Records of Brazoria County (O.P.R.B.C.), said
0.5486 acre parcel being more particularly described by metes and bounds as follows:
COMMENCING at a found 3/4-inch pipe marking the common southeast corner of that
certain 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., and
the northeast corner of said Thanh Yeh Vu tract;
THENCE, South 03° 05' 30" East, with the common east line of said Thanh Yeh Vu
tract and the west line of Lot 1, Block 1, St. Mary's Syro Malabar Catholic Church
according to the plat thereof as recorded in File Number 2014025400 Brazoria County
Plat Records (B.C.P,R.), a distance of 79.94 feet to a set 5/8-inch iron rod with TxDOT
aluminum cap for the northeast corner and POINT OF BEGINNING of herein
described parcel located on the proposed north right-of-way line of McHard Road (120
feet wide) having coordinates of N=13,779,041.94, E=3,139,009.93, located 60.00 feet
left of McHard Road Proposed Baseline Station 108+54.54;**
•
February, 2018
Parcel 51
Page 2 of 6
EXHIBIT A
1. THENCE, South 03° 05' 30" East, continuing with the common east line of said Thanh
Yeh Vu tract and the west line of 120' strip dedicated to the public for right-of-way
purposes by said plat of St. Mary's Syro Malabar Catholic Church,a distance of 120.99 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 right having a radius of 2,060.00 feet and a delta angle of 02° 59' 01",
located 60.00 feet right of McHard Road Proposed Baseline Station 108+69.97, from which
a found 5/8-inch iron rod bears North 03° 05' 30" West, a distance of 6.13 feet for
reference;**
2. THENCE, continuing with said curve to the right and proposed south right-of-way line of
said McHard Road, an arc distance of W7.27 feet and a chord bearing of
North 84° 29' 49" West, a chord distance of 107.26 feet, to a set 5/8-inch iron rod. with
TxDOT aluminum cap marking a point of reverse curvature of a curve to the left having a
radius of 1,940.00 feet and a delta angle of 02° 42' 51", located 60.00 feet right of McHard
Road Proposed Baseline Station 107+65.82;**
I THENCE, continuing with said curve to the left and proposed south right-of-way line of
said McHard Road, an arc distance of 91.90 feet and a chord bearing of
North 84° 21' 44" West, a chord distance of 91.89 feet, to a set 5/8-inch iron rod with
TxDOT aluminum cap for corner, located 60.00 feet right of McHard Road Proposed
Baseline Station 106+71.08;**
4. THENCE,North 03° 04' 58" West,with the common west line of said Thanh Yeh Vu tract
and the east line of that certain tract as described in a deed executed on June 1, 2010 from
Minh Thi Vo, et ux. to Thu Thi Ly recorded under B.C.C.F. Number 2010025755 of the
O.P,R.B.C., a distance of 120.94 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 right having a radius of 2,060.00
feet and a delta angle of 03° 08' 43", located 60.00 feet left of McHard Road Proposed
Baseline Station 106+56.03;**
5. THENCE, continuing with said curve to the right and proposed north right-of-way line of
said McHard Road, an arc distance of 113.08 feet and a chord bearing of
South 84° 34' 40" East, a chord distance of 113.07 feet, to a set 5/8-inch iron rod with
TxDOT aluminum cap marking a point of reverse curvature of a curve to the left having a
radius of 1,940.00 feet and a delta angle of 02° 32' 30", located 60.00 feet left of McHard
Road Proposed Baseline Station 107+65.82;**
February, 2018
Parcel 51
Page 3 of 6
EXHIBIT A
6, THENCE, along said curve to the left and with the proposed north right-of-way line of said
Mel-lard Road an arc distance of 86.06 feet and a chord bearing of South 84° 16' 33" East, a
chord distance of 86.05 feet to the POINT OF BEGINNING and containing 0.5486 acre
(23,899 square feet) parcel of land.
February,2018
Parcel 51
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 1.1-21, 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 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
op
C. L. Davis Date 0. Y•.,��,�'s
Registered Professional Land Surveyor 'y.46c' 4t4:0%0
Texas Registration No, 4464 s C.Y.DAViS
C. L.Davis &Company 4464 -e;
1500 Winding Way , ett$$V..e.fair
Fricndswood Texas 77546S LI
�.
Phone Number: 281-482-9490
TBPLS Firm No_ 10082000
LEGEND
(S) SET 5/8"IRON ROD w/CAP STAMPED P.O.C.
"C.L. DAVIS RPLS 4464" NUR Gla&AMY
—IL'---- PROPERTY LINE �69571�4CT279 S 03'05 30" £ -"`ipi---
--•--- PROPOSED RIGHT-OF-WAY LINE -, 79.94'
-•---1 ACCESS DENIAL LINE
P.0.8.
-- - SURVEY LINE e
@ n
B.CD.R. BRAZORIA COUNTY DEED RECORDS P �.�J PID No. 164425
O.P.R.B.C. OFFICIAL PUBLIC RECORDS OF BRAZORIA COUNTY Vcf CALLM a970 ACRE
B-C.P.R. BRAZORIA COUNTY PLAT RECORDS (120' R.04.) Ra40 (CALC.T0.9 0.9703 AC.)
LE
IR IRON ROD TO
P IRON PIPE ' 'E' vU
• SET 5/8" IR w/TxDOT ALUM CAP p pd--" ROW
LAN 200712-05-7 2006 R.B.0
.)
(UNLESS OTHERWISE NOTED)
D FOUND TYPE I CONC. MONUMENT
• SET (AS INDICATED) PARENT TRACT INSET
o FOUND PROPERTY CORNER (AS DESCRIBED) FOR PARCEL 51
NOTES: NOT TO SCALE
1. ALL BEARINGS AND COORDINATES 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 0.9703 0.5486 0.2935 0.1282
H-21, H-22, H-24, H-44 AND H-46 (CSU (CALC.) 23,899
NO. 0912-00-143) AS PROVIDED BY TXDOT. DATE t REVISION
ALL DISTANCES AND COORDINATES SHOWN
ARE SURFACE VALUES AND MAY BE -t� I•f '..J
CONVERTED TO GRID BY DIVIDING BY A f� •�• b%SrPc,'v.4- t C.L. DAVIS & CO. FI,;M Nt3.
COMBINED ADJUSTMENT FACTOR OF 1.00013. r �; ��'k*\ SAND SURVEYING Ofl82000
G.l.UA1�iS
2- FIELD SURVEYS WERE COMPLETED OCTOBER Y' =�' 1500 WINDING WAY
2016_ ��9® 4rcss p`;1 �r FRIENDSW00D, TEXAS 77546
,�0 S .. s. 4 281-482 -9490
3. A PROPERTY DESCRIPTION OF EVEN DATE i
WAS PREPARED IN CONJUNCTION WITH THIS PARCEL PLAT
PARCEL PLAT. O2-Z2•ZMR 4464 SHOWING
DATE C. L. DAVIS R_P.L.S. No. PARCEL 51
4. EXISTING ROW LINE SHOWN AS OCCUPIED { HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON McHARD ROAD
AND MONUMENTED AT TIME OF SURVEY. THE GROUND UNDER MY SUPERVISION AND THAT BRAZORIA COUNTY
THIS PLAT CORRECTLY REPRESENTS THE FACTS AS R-C S-J. 0912-31-309
5. ABSTRACTING WAS COMPLETED IN FOUND AT TIME OFTHE SURVEY_ FEBRUARY, 2018
SEPTEMBER 2017. PAGE 5 OF 6 SCALE: NTS I
LOT 10 PIO ::No. 154`52
SECTION 7 RESIDUE CA-LED 9.4952 ACRES
ALLISON—RICKEY GULF COAST ., GAY Y. WONG
H.r&E A.H.CO.SURVEY NOME CO.'s SUBDIVISION a TO
UNRECORDED ST. MARY'S SYRO-MA.A=AP. CATHOLIC - r
ABSTRACT 219 s CHURC- HOUSTON, TEXAS OF ST. 7_
P.0.8. o THOMAS SYRO-MALABAR CATHOLIC 1
FID Ne. 164426 - DIOCESE OF' CHICAGO
CALLED 5.000 ACRES PARCEL 51 ;r ;2042029312 0.°.R.B.C.)
MTRUST CORP.._ TRUSTEE N: 13,779,04'..94 1g oe-08-2012
_: 3,139,009.93
TEXAS -NOERG.RO,ND, INC, SIA 108+54.54 gQ, PARCEL 51
'
(VC_. (86)57D, PG. 393 O.P.R.B.C.) OFF. 60.00' _f w11
07.-13-1965 V ' ND.3/4"IP
-
LOT 1,BLOCK 1 0 100
co- 7 ND.5/8"I- ST.h1ARrSSYROMAL,4SAR -......-
5TA 106+55.03 I `'07-65.82 4" CATHOLIC CHURCH SCALE: 1.... 100'
D . 60.00' LT-, [ STA. �._ (2074025400 SCAR.)
PR'DP05 n OFF. 50.00•LT
—�-C RoAv UNE x:, I J A 1
• 7.-, G=09'4.i'03"
T C2 * 3yOWNERSHIP
PROPOSED MHARD ROAD U �L=319.32'
3S675!3r
,! 0 -.:38.22
_
(120' R.U.'N•) N 0VE min WOOD 3LCO
ioe` EOILT 4ROLNC TRnILER !E. ! EXISTING ROW _INE 5 I
PI) PID No. 164425
Q ) STA 106+71.08 �! N . 164624 CALLE" 0.470 ACRE
OFF. 50'.00' RT 4 ! '.20'STRIP DEDICATED CALLED 0.9703 ACRE
N� 4 -L`_ TO HE PUBLIC FOR MINH THI VO (CALC. 0.97'03 AC.)
PROPOSED ROW LINE BASELINE "A"-' \ z' RIGHT-'0F-WAY PUk�CSES ONLY TO TAM LE
PR':: STA. 107-65.52 R. TC
to -. 90. 20:4025400 B,C.P.F.) THL THt LY
- * _ * PY — - .2010025755 O.P,R.B,C.) THAN/4 ,Ect VU
---t,_-�'E- __'o_ ' -i9---C ---- .-- - `-'t 9'07001587 C.P.R.B.0
¢' __ ,�^�—RE'.PI. 1-ND.S/8„IR 06-'01-201,0 (2
L+3 - BEARS N 03'05'30” W 6.13'
12-05-2006
I U' k
I STA. 107+55.820/
FNQ.1l2'I?* EXSTING ROW LIRE
11,5'OFF, 60.00',.T.
—j ro TAI Q;_ CMN'aK r c�
%D Ne. 164483 QF+4 -
-10'W.CE H.L.&P. EASEMEN' MORTF! 1/2 TRACT 1' OTE.60.00 RT BLOCK;
-MTh AN 11.E .A£RIA._ EASEMENT "-EDELMIWO 3. BRIONES, E" UX. i, LOT 4 PNNEOAKS SUBDMS/ON
A PLANE 16' ABOVE GROUND TO
(VOL.(86)273. PG. 570 B.C.C.R.) TEODORO GAROIA. JR. PI 19, B.C.P.R.J
� \o. 5D614t�3
(20150244.36 05 4. 5TRN D
.3.0.) CALLED
-20 G EOE, ET ux C.L. DAVIS & CO. FIRM NO.
I;.her DATA LOT 11 TO -�� Mo�ND LAND SURVEYING 10052000
SECTION OAT DUCBuI, _7 ;x
LINE BEARING DISTANCE ALLISON-RIGNEY GULF COAST (2005055456 O.P.R.B.C.) ..L 1 S_03'05 30" E 720.99' HOME CO.'5 SUBDIVISION 11_oa-20os 1 500 WENDIr G WA"
2 N 0�'04'S8" W 120.94' (UNRECORDED) ____..—. 71
FRIENDS'W'COD, TEXAS 1/546
281-482-94 90
CURVE RADIUS DELTA ANGLE"ARC LENGTH CHORD BEARING CHORD LENGTH PARCEL PLAT
CI 2,060.00' 03'08'43" 113.08' S 84'34'40" E 773.07' SHOW NG
C2 T,940.00' 02-32'30" 86.06' 5 84'15'33" E 86.05'
C3 2,060.00' 02'59'01" 107.27' N 84'29'49" W 707.26' PARCEL 51
C4 1,940.00' 02'42'51" 91.90' N 64'21'44" W 97,89' McH.AKU ROAD
BRAZORIA COI.NTY
*I• TI-E MONUMENT DESCRIBED AND SET MAY BE REPLACED WITH A TxDOT TYPE II RIGHT-Of-WA:' MARKER R.C.S.J. C912-3.1-309
UPON C:M.PI.FTICN ;r -HE HGHWAY CONSTRUCTION PRO..ECT LNCER TI-E SUPERVISION OF A REO STEREO F=RRUAR", 201 S
PROFESSIONAL LAND SURVEYOR, EITHER EM1'LOY'LD OR RETAINED 3Y Tx:DOT. PAGE 6 ID= 6 SCALE: 1"-100'