R2019-010 2019-01-14 RESOLUTION NO. 2019-10
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
0.5439 acre (23,690 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 0.9703 acre
tract as described in a deed executed on June 1, 2010 from Minh Thi Vo,
et ux.to ThuThi Ly recorded under Brazoria Comity Clerk's File (B.C.C.F.)
Number 2010025755 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 January, A.D., 2019.
RESOLUTION NO. 2019-10
VYrt
TOM RED
MAYOR
ATTEST:
1�Q�RL'gh,0%'.
•
Y S'' '
RETARY '
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
February,2018
Parcel 50
Page 1 of 5
EXHIBIT A
County; Brazoria
Highway: McHard Road
Project Limits: From F.M.865(Cullen Boulevard)to Mykawa Road
RCSJ No. 0912-31-309
l'roperty Description for 1'areel 50
BEING a 0.5439 acre(23,690 square feet)parcel of land located in the H.T.&B.R.R.Company
Survey,Abstract 219,Pearland, Brazoria County, Texas,bcing out of Lot 10, Section 7,Allison
Richey Gulf Coast Home Company's Subdivision (unrecorded) and being out of that certain
called 0.9703 acre tract as described in a deed executed on June 1,2010 from Minh Thi Vo,et
ux.to Thu Thi Ly recorded under Brazoria County Clerk's File(B.C.C.F.)Number 2010025755
of the Official Public Records of Brazoria County (O.P.R.B.C.),said 0.5439 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 that certain tract as described in a deed executed on December 5,
2006 from Tam Le to Thanh Ych Vu recorded under B.C.C.F. Number 2007001587 of
the O.P.R.B.C.;
THENCE, South 87° 05' 35" West, with the common south line of said Texas
Underground, Inc. tract and the north line of said Thanh Yeh Vu tract passing at a
distance of 136.78 feet a found 5/8-inch iron rod for reference and continuing a total
distance of 196.78 feet to a point marking the common northeast corner of said Thu Thi
Ly tract and the northwest corner of said Thanh Yeh Vu tract;
THENCE, South 03° 04' 58" East,with cast line of said Thu Thi Ly tract and the west
line of said Thanh Yell Vu tract, a distance of 50.65 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 being on the proposed north right-of-way line of McHard Road(120 feet
wide)having coordinates of N=13,779,061.21,E-3,138,811.74, located 60.00 feet left of
McHard Road Proposed Baseline Station 106+56.03;'°
� ���� Page C.2
February,2018
Parcel 50
Page 2 of 5
EXHIBIT A
1. THENCE, South 03°04' 58" East, continuing with cast line of said Thu 'Thi Ly tract and
the west line of said'l'hanh Yeh Vu tract,a distance of 120.94 feet to a set 5/8-inch iron rod
with'lxDOT** 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 05°49' 54",located 60.00 feet right of
McHard Road Proposed Baseline Station 106+71.08;
2. THENCE,along said curve to the left and with the proposed south right-of-way line of said
Mcllard Road passing at an arc distance of 165.95 feet a set 5/8-inch iron rod with TXDO'l'
aluminum cap for corner, located 60.00 fcct right of Mei lard Road Proposed Baseline
Station 105+00.00 and continuing for a total arc distance of 197.46 feet and a chord hearing
of North 88° 38' 06" West, a chord distance of 197.37 feet to a set 5/8-inch iron rod with
'1'xDO'l' aluminum cap for corner, located 60.00 feet right of McHard Road Proposed
Baseline Station 104+67.51;**
3. THENCE, North 03° 04' 58" West, with the west line of said Thu Thi Ly tract, a distance
of 120.04 feet to a set 5/8-inch iron rod with 'I'xD(Yl' 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 05° 29' 24", located 60.00 feet left of Mc Hard Road Proposed Baseline Station
104+64.40;'*
4. THENCE, along said curve to the right and with the proposed north right-of-way line of
said McHard Road passing at an arc distance of 36.67 feet a set 5/8-inch iron rod with
TxDO'1' aluminum cap for corner, located 60.00 lect left of Mcllard Road Proposed
Baseline Station 105+00.00 and continuing for a total arc distance of 197.38 feet and a
chord hearing of South 88° 53' 43" East,a chord distance of 197.31 feet to the POINT OF
BEGINNING and containing 0.5439 acre(23,690 square feet)parcel of land.**
(( JLL
Page C.3
February,2018
Parcel 50
Page 3 of S
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
i
C.L.Davis Date e it. pn:9
Registered Professional Land Surveyor C•.. v+S
Texas Registration No.4464 - o 446 .
C.L.Davis&Company • y0 88� 4.
1500 Winding Way SUR
Friendswood,Texas 77546
Phone Number: 281-482-9490
TBPLS Firm No. 10082000
Page C.4
( )JILL
I
LEGEND
(S) SET 5/81RON ROD w/CAP STAMPED s aras'15 w
C.L. DAVIS RPLS 4464"
rss.�s'
p PROPERTY UNE s a3-o�'s8' s P.D.C.
PROPOSED RIGHT-OF-WAY UNEosc.c) Row 50.65'
---- ----- ACCESS DENIAL UNE H1:41ZIRA(Xt SURVEY
-- — - SURVEY UNE
�s CT219 \-P 0.6.
B.C.D.R. BRAZORIA COUNTY DEED RECORDS ry, @ Ci] PID No. 164424
CARED 0,9703 ACRE
0.P.R.B.C. OFFICIAL PUBLIC RECORDS OF BRAZORIA COUNTY PRORET -p 4/c R MINH 1}11 VO
B.C.P.R. BRAZORIA COUNTY PLAT RECORDS 1'20' To
RG. THU TOI LY
IR IRON ROD (201002575,5 O.P.R.B.C.)
IP IRON PIPE �%cPos' - 06-01-2010
■ SET 5/8- IR w/Tx00T ALUM CAP L. L"-----,'-';
(UNLESS OTHERWISE NOIED)
▪ FOUND TYPE 1 CONC. MONUMENT R
• SET (AS INDICATED) PARENT TRACT INSET
a FOUND PROPERTY CORNER (AS DESCRIBED) FOR PARCEL 50
NOTES:
NOT TO SCALE AREA TABLE (ACRES)
1. ALL BEARINGS AND COORDINATES ARE �
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 0.5439
H-21, H-22, H-24, H-44 AND H-46 (CSJ 23,690 0.1904 0.2360
ND. 0912-00-143) AS PROVIDED BY TXDOT. DATE REVISION
ALL DISTANCES AND COORDINATES SHOWN
ARE SURFACE VALUES AND MAY BE r-
CONVERTED TO GRID BY DIVIDING BY A 1S.1 c.L. DAMS & CO. FlRivt NC.
COMBINED ADJUSTMENT FACTOR OF 1.00013. 4.4"i5.6%srf,fi4• j LAND SURVEYING 10082000
tl; 4
2. FIELD SURVEYS WERE COMPLETED OCTOBER (� C.L oAvs . 4 1500 WINDING WAY
2016.
.....7,...„.....,...e...,.... FRIENDSWOOO, TEXAS 77546
4 r ���446a Si�e: 281-482-9490
3. A PROPERTY DESCRIPTION OF EVEN DATE �':l'1`'st.= s"''{°
WAS PREPARED IN CONJUNCTION WITH THIS �� SURy� PARCEL PLAT
PARCEL PLAT. 4z-2S•2at8 4464 SHOWING
DATE C. L. DAVIS R.P.L.S. No. PARCEL 50
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
SEPTEMBER 2017. FOUND AT TIME OF THE SURVEY. PAGE 4 OF ESRUARY, 2O1SCALE: NTS
as
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ml LOT 10 SECTION 7 �y Ep .ODa 4REs
MTRLIST CORP., TRUSTEE�T'�g� " 'Y
nLLI ON-RICHEY GULF COAST P.0.8.PARCEL 50
HOME Ca's SUB0MS10N TO A9.f7ANCT219 .4: 13,779.C6121
(UNRECORDED) TEXAS UNDERGROUND, INC_ E 3,153,811.74
{VOL. (80570. PG. 393 0.P.R.9,C.) STA 105+56.03
60' INGRESS MD 07-13-1988 ..-OF. 60.00 LT 4 /VT 7,BLOCH7
EGR+ (o3-011263 OO.Pp ELC.;. �A 105+00,00 AD' ST.MAWS _�.v�_
pF CFF.80.00 LT. p 4'5 8705'35' W 196.78' { CATH CH7.07,f1 ,;t y•
STA. 104+64.0, 736.78' jir (201402a�QC.P.RJ �f
0 p. 60.00'LT_ S 03'04'58'E 50.65'
PPD.a,.• R.W ** 4:x
I 38.6'' %,,,r o.C.
PARCEL 50
9ASEUME •A" /_a 1 F140.3,,CIP
PC STA. 104-17.2+, ea t`5LJI1 —1
N 8r onr S 374.A?' i J __J '."� 1 0 100
104+00 —-- c ONE XTear soon eLne (-BASELINE A' p._,.
!HILT N47U:A
_ e —— _ y-j ' _ PRC STP. 107+65.82 SGaLc. mr TOO'
PROPOSED Ake ROAD -47 �, a'se-A 4- -A BASELINE CURVE DATA
-sTx -Ca.aw ca
(1:c' RA.W.) �. *, j` 0FF• 60.00' RT. to // PI STA. 1054-91.97
PROPOSED urs * '45.95' *Y X STA 108+71.08 R=2,000.00'
! ! C t OFF. 60.00'RT .
/
i.,:,T_` '.''
'TAW __ D=04`59'10"
- -S.4.-oz.47.s, _ - - L=348.58'
60.00•RT. l0.- lals T=174.73'
CB=S 87'59'53" E
ti CH=348.14'
9PA2aRM COUNTY. ¶0•410E 1... P. EASE1 T
DRAINAGE DISTRICT No,s WITH AN 11..6'AERLLL EASEMENT AT PIO No. 18+4493 PI I'V: 13,779,4)1'2.25
EASEMENT No. 3 A R.ANE 16' ABOVE GROUND NORTH 1/2 TRACT 11 PI E: 3,138.743.56
(4'OL. 1286,PG. 708 9.0 IR.', \CL.'(66)273, PC. 570 0.C.D.R.) EOELMIRO S. 8RIONES, ET U%.
LOT /1 T
SETEEODORO
077 CAIRCIA, JP_ LINE DATA
ALIISYJN-MC7lET GULF COAST (2015024436 0.P.R.9.C.) UNE BEARING OlE ANCE
HOVE CO.'s SUMS/190N05-_t-_015 L7 S 0.3'0458' : 729.94'
(UNRECORDED) L2 N 03'04'58" W -70.0 4
OWNERSHIP
El --;-; C.L. DAVIS & CO. FLP`,I X13
Pio No. 18442.E PIO Mo. 164425 PID No. 164434
RESIDUE CALLED 5.00 ACRES CALLED 0.9703 ACRECALLED 0.970 ACRE 1) LAND SURVEYING 1 00$2000
(CALC. 0.9703?C.) 16INH TYR YO (CALL, 0.9703 AC.)
MAURICE S. MANSELL. T AL TO TAM LE 1500 WINDING WAY
TOO
Nu TH1 Li
DINH KIM PRAM. ET , ('0100 5755 O.P.R.9.C,) THAMtITTEN VU
FRI ENDSW000, T:.XAS 77546
(VOL 1768, PG. 465 a.C.D.R.) 06-01-3610 (2007001587 O.P.PR.C.) 281-482-9490
03-23-1984 12-05-2006
PARCEL PLAT
CURVE RADIUS DELTA ANGLE ARC LENGTH CHORO 884R1NG CHORD LENGTH, SHOWING
CI 1,940.00' 05'4954- 797.46' N 88738'06' W 797.37' PARCEL 50
C2 2,060.00'_ 0529'24." 197.38' S 88'53'43" E 197.37' MCHARD ROAD
BRAZORIA COUNTY
_= THE MONUMENT DESCRIBED AND SET MAY BE REPLACED WITH A TxDC- TYPE II RIGHT-OF-WAY MARKER R.C.S.J. 0912-31-309
UPON COMPLETION OF THE HIGHWAY CONSTRUCTION PROJECT UNDER 'HE SUPERVISION OF A REGISTERED FEBRUARY, 2018
PROFESSIONAL LAND SURVEYOR, EITHER EMPLOYED OR RETAINED BY TxDOT. PAGE 5 OF 5 SCALE: 1"=100'
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