R2019-011 2019-01-14 RESOLUTION NO. 2019-11
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
0.2390 acre (10,410 square feet) parcel of land located in the R.B. Lyle
Survey, Abstract 544, Pearland, Brazoria County, Texas, being out of Lot 19,
Section 6, Allison-Richey Gulf Coast Home Company Subdivision according
to the plat thereof as recorded in Volume 136, Page 500 Brazoria County
Deed Records (B.C.D.R.) and being out of that of that certain tract
(calculated 4.961 acres) tract as described in a deed executed on July 17,
1972 from C. E. Helms to Stanley G. Bradley, et ux. recorded under Volume
1129, Page 661 B.C.D., 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. 2019-11
--Jej1'rr �cl
TOM REID
MAYOR
ATTEST:
JA ' IC/2 - t-- i
Y• NG Lo , =
MC "••. %\ :w;
Y S E SF"ETARY •
APPROVED AS TO FORM:
Zav - aL"----
DARRIN M. COKER
CITY ATTORNEY
2
February,2018
Parcel 64
Page 1 of 5
EXHIBIT A
County: Brazoria
Highway: Mcl lard Road
Project Limits: From F.M. 865(Cullen Boulevard)to Mykawa Road
RCSJ No, 0912-31-309
Property Description for Parcel 64
BEING a 0.2390 acre (10,410 square feet) parcel of land located in the R.B. Lyle Survey,
Abstract 544, Pearland,Brazoria County,Texas,being out of Lot 19, Section 6, Allison-Richey
Gulf Coast Home Company Subdivision according to the plat thereof as recorded in Volume
136, Page 500 Brazoria County Deed Records (B.C.D.R.) and being out of that of that certain
tract(calculated 4.961 acres)tract as described in a deed executed on July 17, 1972 from C.E.
Helms to Stanley G. Bradley, et ux, recorded under Volume 1129, Page 661 B.C.D.R., said
0.2390 acre parcel being more particularly described by metes and bounds as follows:
COMMENCING at a point marking the common southwest corner of that certain called
2.4513 acres tract as described in a deed executed on March 14, 2005 from Russell J.
Miller, et al. to Juan J. Molina recorded under Brazoria County Clerk's File (B.C.C.F.)
Number 2005015118 of the Official Public Records of Brazoria County(O.P.R.B.C.)and
the northwest corner of said Stanley G.Bradley,et ux.tract,from which a found 1/2-inch
iron rod bears North 02°57'29"West,a distance of 4.01 feet for reference;
THENCE, North 86° 48' 55" East, with the common north line of said Stanley G.
Bradley, et ux. tract and the south line of said Juan J. Molina tract, a distance of 986.77
feet to a set 5/8-inch iron rod with TxDOT aluminum cap for the northwest corner and
POINT 01?BEGINNING of herein described parcel located on the proposed west right-
of-way line of County Road 555 (Hatfield Road)(width varies) having coordinates of
N=13,778,693.91,E=3,142,069.73, located 192.04 feet right of McHard Road Proposed
Baseline Station 139+25.83;"
1. THENCE,North 86°48' 55"East,continuing with the common north line of said Stanley
G.Bradley, et ux.tract and the south line of said Juan J. Molina tract,passing at a distance
of 19.60 feet the existing east right-of-way line of said County Road 555, from which a
found 1/2-inch iron rod bears South 67° 00' 25"West,a distance of 0.50 feet for reference
and continuing a total distance of 49.60 feet to a point for corner;
JLL'
Page t .2
February,2018
Parcel 64
Page 2 of 5
EXHIBIT A
2. THENCE,South 03° 11' 05"East,with the east line of said Stanley 0.Bradley,ct ux.tract
being within the right-of-way of said County Road 555,a distance of 210.28 feet to a point
for corner;
3. THENCE,South 87°00' 19"West,with the common south line of said Stanley G.Bradley,
et ux.tract and the north line of that certain called 39.9293 acres tract as described in a deed
executed on November 26, 2001 from Billy C. Noles, et ux. to Sunlake Limited recorded
under B.C.C.F. Number 01-057532 of the O.P.R.B.C.,passing at a distance of 30.00 feet a
point located on the existing east right-of-way line of said County Road 555, from which a
found 1/2-inch pipe rod bears South 86° 55' 04" West,a distance of 0.48 feet for reference
and continuing a total distance of 49.45 feet to a set 5/8-inch iron rod with TxDOT
aluminum cap for comer, located 402.15 feet right of McHard Road Proposed Baseline
Station 139+26.01;"*
4. THENCE, North 03° 13' 35" West, with the proposed west right-of-way line of said
County Road 555, a distance of 210.12 feet to the POINT OF BEGINNING and
containing 0.2390 acre (10,410 square feet) parcel of land. Contained within said 0.2390
acre(10,410 square feet),0.1448 acre,(6,307 square feet)is within the existing right-of-way
of said County Road 555.
Page C.3
February,2018
Parcel 64
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(CSI 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
•
C.L.Davis Date r--,-;"
,;'q1 OF
Registered Professional Land Surveyor 149 Q .FQ •;s
Texas Registration No.4464 C.L.OAVIS
C. L.Davis&Company \ 4�
1500 Winding Way �*°�44sa%+4.A"
, 4 -*
Friendswood,Texas 77546
Phone Number: 281-482-9490
TBPLS Firm No. 10082000
( )JLL Page C.4
1......•7:,.....,
'......11ii.0"1,......."
6.1
tiE
twilm! LEGEND PARENT TRACT INSET
FOR PARCEL 64
A
(S) SET 5/BIRON ROD 1v/CAP STAMPED
"C.L. DAVIS RPLS 4454"
,...f.O.C. NOT TO SCALE
PROPERTY UNE N 8648'55 6 986.77'
--- PROPOSED RIGHT-OF-WAY UNE
--....4*--- ACCESS DENIAL LINE R.B.LYLE SUBVEY
—--— SURVEY LINE ABSMACT 544 kr)
.%1 PROP. R/W UNE-------' ., iz 'L'Zil 1
B.C,D,R. BRAZORIA COUNTY DEED RECORDS LOT 19, SECTION 6
0.P.R.B.C. OFFICIAL PUBLIC RECORDS OF BRAZORIA COUNTY -/// CS
B.C.P.R, BRAZORIA COUNTY PLAT RECORDS P EXISTING R/W LINE -.
IR IRON ROD
IP IRON PIPE
• SET 5/6" IR w/TxDOT ALUM CAP SUBJECT DEED AREA WITHIN EXISTING
ROW OF C.R. 555
(UNLESS OTHERWISE NOTED) PID No. 177264 0.1448 AC16,307 S.F.
O FOUND TYPE I CONC. MONUMENT CALLED SOUTH 1/2 LOT 19
• SET (AS INDICATED) (CALC. 4.961 AC.) AREA WITHIN PROPOSED
O FOUND PROPERTY CORNER (AS DESCRIBED) C.E. HELMS ROW OF C.R. 555
NOTES: TO 0.0942 AC./4,103 S.F.
1. ALL BEARINGS AND COORDINATES ARE STANLEY G. BRADLEY, ET UX
REFERENCED TO THE TEXAS COORDINATE (VOL. 1129, PG. 561 B.C.D.R.) . AREA TABLE (ACRES)
SYSTEM OF 1983 (NADB3) 1993 07-17-1972 EXISTING TAKING REMAINDER AC. I
AC. AC./S.F. LEFT RIGHT
ADJUSTMENT, SOUTH CENTRAL ZONE (4204),
' .
BASED ON TXDOT SURVEY CONTROL POINTS 4.961 0.2390 4.722
H-21, H-n, H-24, H-44 AND H-46 (CSJ (CALC.) 10,410 _
NO. 0912-00-143) AS PROVIDED BY TXDOT. . DATE REVISION
ALL DISTANCES AND COORDINATES SHOWN
ARE SURFACE VALUES AND MAY BE
CONVERTED TO GRID BY DIVIDING BY A A. .../.... FC-71/1) C.L. DAVIS & CO. FIRM NO.
COMBINED ADJUSTMENT FACTOR OF 1.00013. i i''' st. 'e,'..„'"um LAND SURVEYING 10082000
e'r1............_____----77—_,lc . ) 1 500 WINDING WAY
2. FIELD SURVEYS WERE COMPLETED OCTOBER
2016, \IN, V 44-E.T .
V r '% s'-`0. FRIENDSWCCD, TEXAS 77546
,1,...sr, 281-482-9490
3. A PROPERTY DESCRIPTION OF EVEN DATE
WAS PREPARED IN CONJUNCTION WITH THIS PARCEL PLAT
PARCEL PLAT. 62-7S,.7404 "*" .1_.jj... ' 4464 SHOWING
DATE C. L. DAVIS R.P.L.S. No. PARCEL 64
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
FEBRUARY. 2018
SEPTEMBER 2017. FOUND AT TIME OF THE SURVEY. PAGE 4 OF 5 SCALE: NTS
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to
to
to
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............
,7,„,.........z.
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rum.
CALLED 2.4513 ACRES
RUSSELL J. MILLER, ET AL.
TO P.0.8,PARCEL 64
P.ac. PARCEL 64 JUAN J. MOUNA N. 13,778,693.91 •" `-'9° , EXISTING RAY LINE
REF.PT. F1N10.112IR E: 3,142,069.73
0005 015118 0.P.R.B.C.) I
L_____2______BEARS N 02157 29 W - -
03-14-2005 STA. 1.39+25.83 ,C'7.....- REF.PT. FN0.1/21'IR
4.01' I OFF. 192.04'RT k L/ ' SEARS S 67'00'25" W
0.50'
1
r11, N 8648'55" E 986.77' -41
f ... -alibi
SP/ R I L5 PP L8
PIO No. 17264o z -
= -' .. 0
0 50
CALLED SOUTH 1/2 LOT 19 o LI ±4 T k I -I 1
(CALC. 4.961 AC.) L.,) CI ct SCALE: 1'''= 50'
0 (.7 i3 ,-1-'' N..
C.E. HELMS )-.-I a: ..-r.
i
a m
41`-''
STANLEY G. BRADLEY, ET UX 'T-.7-' ( 1.. io...:,..„,,,41 t n ti
cx)0 LJ CD ' LINE DATA
(VOL. 1129, PG. 661 13.C.D.R.) - ....t • I-- §. ok. -s-.:-.1'• cr. R.,N.,., DI'S TANCE
07-17-1972 to _ „. Li 1 q ct L., L.I A, 86 48 55 E
-4 1 .1.7_1.- ns cti,.,ro - _._,-, 5 03'1105" E 210.28'
R.B.LYLESURVEY V'
•4 ,4 :-.7.- 'r, 57'00'/9" W 412.45'
ABSTRACT 544 ; L...
20' WIDE PUBUC ROAD EASEMENT - // . ,'. 13,3175'...35'" W 210.12'
(VOL.
LOT 19, SECTION 6 /136, PG. 500 8.C.D.R.) 1-,-..,_ WV C.. cs .L.:...' N 8648'55" E 19.6C'
s .... 1.9
ALLISON-RICFEY GULF COAST 10' x 210.1' R/W EASEMENT c134!VIV L6 S 03'17'05 E 210.18'
FH
HOME COMPANY SUBDIVISION (VOL 1191, PC. .34 B.C.D.R.) : :Z :7 S 57'00'79IN 19.45'
(VOL 136, PG. 500 B.C.D.R.) .Le. N 8646'55" E 30.00'
L.9 S 8720' 9" W 30.00'
-'-'''-----"--1 1
,
•
STA. 139+26.01-\ ._,ZRAV...... .m.1 Ill B fg
ri. C.L. DAVIS & CO. FIRM NO.
OFF.
402.15 RT. rg
**\ L7 .' 1,-.1) LAND SURVEYING 10 082007;
CALLED 39.9295 ACRES ; 1
REF.PT. FN0.1 ire .-7,.. ,,, 1500 WINDING WAY
BILLY C. HOLES, ET UX. . - .o FRIENDSWOOD, TEXAS 7754,6
BEARS S 86155;04" W .._ o
TO 281-48/-9490
" ....t _+
SUN LAK E UMITED 0.48
PARCEL PLAT
(01-057532 O.P.R.B.C.) EXISTING RAY LINE-----.'
11-26-2001 SH G W I N G
PARCEL 64
McHA RD ROAD
" THE MONUMENT DESCRIBED AND SET MAY BE REPLACED WITH A TxDOT TYPE II RIGHT-OF-WAY BRAZO R IA COUNTY
R.C.S.J. O91 - 1- o9
MARKER UPON COMPLETION OF THE HIGHWAY CONSTRUCTION PRCJECT UNDER THE SUPERVISION
FEBRUARY. 2018
07 A REGISTERED PROFESSIONAL LAND SURVEYOR, EITHER EMPLOYED OR RETAINED BY TxD0T. CAGE 5 0-' 5 SCALE: '"--.50'
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