R2019-007 2019-01-14 RESOLUTION NO. 2019-7
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
0.1405 acre(6,122 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 called 2.846 acres (calculated 2.856 acres) tract as described in a
deed executed on May 26, 1995 from John Blanchard, et ux. to Don Paul
Strong, et ux. 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 Jamuary, A.D., 2019.
RESOLUTION NO. 2019-7
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TOM REID
MAYOR
ATTEST:
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TY S F ETARY f`
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
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January, 2018
Parcel 71
Page 1 of 5
EXHIBIT A
County: Brazoria
Highway: McHard Road
Project Limits: From F.M. 865 (Cullen Boulevard)to lvlykawa Road
RCSJ No. 0912-31-309
Property Description for Parcel 71
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BEING a 0.1405 acre(6,122 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 l.)eed
Records (B.C.D.R.)and being out of that certain called 2.846 acres (calculated 2.856 acres)tract
as described in a deed executed on May 26, 1995 from John Blanchard, et ux. to Don Paul
Strong, et ux. recorded under Brazoria County Clerk's File (B.C.C.F.)Number 95-017708 of the •
• Official Public Records of Brazoria County (O.P.R.B.C.), said 0.1405 acre parcel being more •
particularly described by metes and bounds as follows:
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COMMENCING at a found 1-inch iron pipe marking the common southeast corner of
that certain called 2.84 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 (B.C.C.F.) Number 97-040977 of the Official Public Records of
Brazoria County (O.P.R.B.C.) and the northeast corner of said Don Paul Strong, et ux.
tract;
THENCE, South 87° 22' 16" West, with the common south line 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 northeast corner
and POINT OF BEGINNING of herein described parcel having coordinates of
N=13,778,681.91, E 3,144,309.69, and marking a point on the proposed east right-of-
way line of County Road 107 (Woody Road)(width varies), located 321.47 feet right of
Mcllard Road Proposed Baseline Station 161+47.61;**
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January,2018 •
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Parcel 71
Page 2 of 5
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EXHIBIT A
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1. THENCE, South 02° 59' 12"East, with the proposed east right-of-way line of said County
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Road 107, a distance 181.62 feet to a set 5/8-inch iron rod with TxDOT aluminum cap for
corner located 502.90 feet right of McHard Road Proposed Baseline Station 161+40.68;**
2. THENCE,South 87°22' 16"West, with the common south line of said Don Paul Strong,et
ux. tract and the north line of that certain called 2.846 acres tract as described in a deed
executed on April 19, 1995 from Curtis J. Moen,et ux. to Glenn T. Hinson, et ux. recorded
under I3.C.C.P.Number 95-013437 O.P.R.B.C., passing at a distance of 2.02 feet a found 1-
inch iron pipe on the existing east right-of-way line of said County Road 107 and continuing
for a total distance of 33.22 feet to a point for corner;
3. THENCE,North 03° 17' 36" West, with the west line of said Don Paul Strong, et ux. tract
and being within the right-of-way of said County Road 107, a distance of 181.63 feet to a
point for corner;
4. THENCE,North 87° 22' 16" East, 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 30.31
feet a point on the existing east right-of-way line of said County Road 107, from 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 the POINT OF BEGINNING and
containing 0.1405 acre(6,122 square feet)parcel of land. Contained within said 0.1405 acre
(6,122 square feet), 0.1282 acre, (5,586 square feet) is within the existing right-of-way of
said County Road 107. •
January, 2018
Parcel 71
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
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C. L. Davis Date `dam C.I. 0AVIS 11
Registered Professional Land Surveyor \l,;":„ 6 /(t
Texas Registration No. 4464 : 6** rsneo.-. Y
C. L. Davis & Company
1500 Winding Way
Friendswood,Texas 77546
Phone Number: 281-482-9490
TBPLS Firm No. 10082000
CALLED 2.84 ACRES
REF.PT. FND.1"'P SECRETARY OF VETERANS AFFAIRS
IBEA.RS S 88'50'12" WTO
f 1.50' GAYLMCULLOUGH
�,,+ a_ (97-040977 C.P.R.B.C.)
,Irk,_
I ' : U 1 I ASPH DRIVE 11-07- 1997 PARCEL 71
M FND.1"IPy � `£4CLh S 87'22'16" i"i 651.81'
c.) t...S t.,j ( L9— r
r
Q z � P.O.B. PARCEL 71 0 70
m m N L7 STA. 161+47.61 R.B.LYLE SURVEY 1 r > >
Q cy OFF. 321.47' RT ABSTRACT543 SCALE: 1"= 50'
tes
i3 oM: N;13,778,681.91
; 2 I GM E:3'144'309'69
IN
P10 NO. 177218 LINE DATA
> E CALLED 2.846 ACRES LINE BEARING DISTANCE
+ ON
7 (CALC. 2.856 AC.) LI S 02'59'12" E 1.81.62'
o "' JOHN BLANC-IARD, ET UX
z z TO L2 S 8722'16" W 33.22'
4 , = 73 DON PAUL STRONG, ET UX L3 N 03'17'36" W 181.63'
(95-077708 O.P.P,.B.C.) . L4 N 8722'16" E 34. 19'
05-25-1995 ���5
. S 87'22'16" W 2.02'Q � x . L O T 51 L6 N 03'34'33" W - 181.64' .
O ;,y w o- L 7 N 87'22'16" E 3.89'
SECTION 4
3 U .,7 C55 W. ZYCHLINSKI SUBDIVISION ��8 S 87'22'16" W 31.20' _
>~ II (VOL. 29, PG. 43 B.C.D.R.) L9 N 87'22'?6" E 30,37'
CALLEDc C.L. DAVIS & CO. FIRM NO.
L2�: f STA.-161+40.68 2.846 ACRE ] LAND SURVEYING 10082000
Cj OF=. 502.90'RT CUR.TIS J. MOENV, ET UX
CLF TO 1500 WINDING WAY
GLENN T. 1-IINSON, FT UX FRIENDSW00D, TEXAS 77546
10' WIDE R/W EASEMENT (95-013437 OPRBC.} 281-482-9490
. . . .
FN Q.1"IP (VOL. 840, PG. 424 R.C.D.R.) 04-19- 7995 "'"
AT
—
(LOT 51A1; PARCEL PL
SHOWING
PARCEL 71
McHARD ROAD
** THE MONUMENT DESCRIBED AND SET MAY BE REPLACED WITH A TxDOT T"PE I'. RIGHT—OF—WAY BRAZCRIA COU'1
MARKER UPON CCMPLETION OF THE HIGHWAY CONSTRUCTION PROJECT UNDER THE SUPERVISION R.C.S.J. 0912-31-309
JANUARY, 2018
OF A REGISTERED PROFESSIONAL AND SURVEYOR, EITHER EMPLOYED OR RETAINED BY TxDOT.
PAGE 5 OF 5 SCALE: 1"=50'
LEGEND
(5) SET 5/8"IRON ROD w/CAP STAMPED
SUBJECT DEED
"C.L. DAVIS RPLS 4464"
P.O.B. P O.C. PIE NO. 177218
LINE S 8722'16" I4 „ 651.81' ` CALLED 2.846 ACRES
—IL'— PROPERTY (CALC. 2.856 AC.)
PROPOSED RIGHT-OF-WAY UNE JOHN BLANCHARD, £7 UX
--HH— ACCESS DENIAL LINE P., "Z �; ,
—--— LINE O d EXISTING VW UNE TO
B.C.D.R. SURVEYIA COUNTY DEED RECORDS .e L 0 T 51, SECTION 4 e DON PAUL STRONG, I UX
O.P.R.B.C. OFFICIAL PUBLIC RECORDS OF ct W. ZYCHUNSKI SUBDMSION (95-017708 O.P.R.B.C.)
O o (VOL 29, PG. 43 B.C.D.R.) 05-26- 1995
BRAZORIA COUNTY CS p
B.C.P.R. BRAZORIA COUNTY PLAT RECORDS �' PROPOSED R/W LINE
IR IRON ROD
IP IRON PIPE AREA WITHIN EXISTING
s SET 5/8" IR w/TxDOT ALUM CAP A.B. LYLE SURVEY ABSTRACT 543 ROW OF C.R. 107
(UNLESS OTHERWISE NOTED) 0.1282 AC./5,586 S.F.
p FOUND TYPE I CONC. MONUMENTPARENT TRACT INSET
FOR PARCEL 71 AREA WITHIN PROPOSED
0 FOUND PROPERTY CORNER (AS DESCRIBED) ROW OF G.R. 107
NOTES: NOT TO SCALE 0.0123 AC./536 S.F.
1. ALL BEARINGS AND COORDINATES ARE AREA TABLE (ACRES)
REFERENCED TO THE TEXAS COORDINATE
SYSTEM OF 1983 (NAD83) 1993 EXITING TAKING REMAINDER AC.
ADJUSTMENT, SOUTH CENTRAL ZONE (4204), AC AC./S.F. LEFT RIGHT
BASED ON TXDOT SURVEY CONTROL POINTS I 2.856 0.1405
H-21, H-22, H-24, H-44 AND H-46 (CSJ (CALC.) 6,122 2.716
NO. 0912-00-143) AS PROVIDED BY TXDOT. DATE REVISION
ALL DISTANCES AND COORDINATES SHOWN
ARE SURFACE VALUES AND MAY BE v
CONVERTED TO GRID BY DIVIDING BY A .. OP fid, j. C.L. DAVIS Sc CO. FIRM NO.
COMBINED ADJUSTMENT FACTOR OF 1.00013. //
?,t/1>e,-r4,,ilr fg%.;'',.,X,. p LAND SURVEYING 10082000
2. FIELD SURVEYS WERE COMPLETED OCTOPER C.1-DAViS 1500 WINDING WAY
2016. "-'� -' FRIENDSvV00D, TEXAS 77546
a'x' �� 404 °`'`"r 281-482-9490
x`17 *rE5 s5 t••,N
3. A PROPERTY DESCRIPTION OF EVEN DATE f%'"'.17:% Ar
WAS PREPARED IN CONJUNCTION WITH THIS `~ PARCEL PLAT
PARCEL PLAT. — - SHOWING
tit-aa,-t8 4464 PARCEL 71
4. EXISTING ROW LINE SHOWN AS OCCUPIED DATE C. L. DAVIS R.P.L.S. No. Mc HARD 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 JANUARY, 2018
SEPTEMBER 2017. FOUND AT TIME OF THE SURVEY. PAGE 4 OF 5 SCALE: NTS