R2021-015 2021-02-08RESOLUTION NO. 2021-15
A Resolution of the City Council of the City of Pearland, Texas, authorizing
the power of eminent domain to acquire a waterline easement and a
temporary construction easement on certain property for the FM 1128
Waterline Project; being a tract of land containing 0.2273 acre (9,900
square feet), located within the H.T.&B.R.R. Co. Survey, Abstract-549,
Brazoria County, Texas and being a portion of Lot 2 of the Allison Richey
Gulf Coast Home Company Subdivision, Section 24 recorded in Volume 2,
Page 89 of the Brazoria County Plat Records (B.C.P.R.). Said 0.2273 acre
tract being a portion of a called 10.00 acre tract recorded in the name of
Thang Mai and Xuan-Mai Mai in B.C.C.F. No. 91011897, for the construction
and maintenance of waterline 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 waterline 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 a waterline easement and a temporary construction easement 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 waterline improvements on certain real property
located in Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition of a
waterline easement and a temporary construction easement 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
RESOLUTION NO. 2021-15
the property interest, described in Exhibit "A", either by donation, purchase or the exercise of
the power of eminent domain.
PASSED, APPROVED and ADOPTED this the 8th day of February, A.D., 2021.
AT
CR TAL ROAN, TRMC, CMC
CI Y SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
VIN COLE
AYOR
Exhibit , Page 1 of 4
County:
Project:
M.S.G. No.:
Job Number:
Brazoria
Massey Ranch
181228 R1
3084-ROW
FIELD NOTES FOR 0.2273 ACRE
TRACT No. 29
20' WATER LINE EASEMENT
Being a tract of land containing 0.2273 acre (9,900 square feet), located within the
I-1.T.&B.R.R. Co. Survey, Abstract-549, Brazoria County, Texas and being a portion of
Lot 2 of the Allison Richey Gulf Coast Horne Company Subdivision., Section 24 recorded
in Volume 2, Page 89 of the Brazoria County Plat Records (B.C.P.R.). Said 0.2273 acre
tract being a portion of a called 10.00 acre tract recorded in the name of Thang Mai and
Xuan-Mai Mai in B.C.C.F. No. 9101 1897. Said 0.2273 acre tract being more particularly
described by metes and bounds as follows (all bearings are referenced to the Texas
Coordinate System of 1983 (NAD83), South Central Zone):
COMMENCING at a 3/4-inch iron pipe found on the east right of way line of Masters
Road (FM 1128) (width varies as per Volume 2, Page 89, B.C.P.R.) at the northwest
corner of a called 2.07 acre tact, being a portion of Lot 9 of the Allison Richey Gulf
Coast Home Company Subdivision, Section 24 recorded in Volume 2, Page 89 and
recorded in the name of BSH Development, LLC in B.C.C.F. No. 2007027409 and the
southwest corner of Lot 8 and the residue of a called 10.00 acre tract recorded in the
name of Tracy Lee Bonar and Rhonda Renee Dunlap in B.C.C.F. No. 2014029532, south
of Benedick Drive (Private Road);
Thence, along said east right of way line of FM 1128, North 02 degrees 38 minutes 48
seconds West, a distance of 2970.46 feet to a 3/4-inch iron pipe found for the POINT OF
BEGINNING of the herein described tract in the north line of a called 5.00 acre tract
recorded in the name of Sideline Investments, LLC in B.C.C.F. No. 2014052858.
Thence, along said east right of way line of FM 1128, North 02 degrees 38 minutes 48
seconds West, a distance of 495.00 feet to 1-inch iron pipe found for the northwest comer
of the herein described tract in the south line of a called 4.95 acre tract recorded in the
name of Phuc Mai and Nguyet Doan in B.C.C.F. No. 90000721.
Thence, North 87 degrees 20 minutes 01 seconds East, a distance of 20.00 feet with the
line common to the herein described tract and said 4,95 acre tract to an angle point;
Thence, South 02 degrees 38 minutes 48 seconds East, a distance of 495.00 feet to an
angle point in the south line of the herein described tract and the north line of said 5.00
acre tract;
Exhibit , Page 2 of 4
Thence, South 87 degrees 20 minutes 01 seconds West, a distance of 20.00 feet along
said common line to the POINT OF BEGLNNING and containing 0.2273 acre of land.
Temporary Construction Easement
Being an additional ten foot (10) wide strip of land to be used during the construction of a
water utility line. The 10 foot wide strip of land will be on the east side, parallel to and
coincident with the above described 20 foot wide permanent easement. Said 10 foot wide
strip of land shall extend the entire length of the 20 foot wide permanent easement.
A Parcel Plat o f the described tract has been prepared by Miller Survey Group and accompanies
this description.
le, pea
4/r1-4
Anthony R. Peae ck, R.P.L.S.
Texas Registration No. 5047
Miller Survey Group
www.millersurvey.com
Texas Firm Reg. 10047100
Ph: (713) 413-1900
June 20, 2018
M&B No. 181228 R1
Revised Date: January 12, 2021
EXHIBIT
PAGE 3 OF 4 PAGES
Line Table
Line
Length
. Direction
L1
2970.,45
NO2'313'48'W
L2
49,5,00
MOZ313'48`W
L3
20.00
N97'20'Di-E
L4
495.O0
S02'3B'4rE
L
MOD
S137'20o$"W
• 25'
SCALE IN FEET
LEGENO
▪ = FOUND 5/9-INCH IRON ROD
(UNLESS OTHERIM$E IDTED)
• - SET 5/9-INCi1 IRON ROD wf,..90 CAP
(UNLESS 4THERvrSE NDTEO)
0 = ANGLE POINT
• gRAZORIA COUNTY PLAT RECORDS
DRAZORIA COUNTY DEED RECORDS
B▪ .C-O.F- - BRAZDRIA COUNTY CLERK'S FILE
Na = NUMBER
CIR - CAPPED IRON ROO
fR - IRON ROD
OP - IRON PIPE
PAIL - P 1NT OF DEGINNING
F.O G POINT OF CD181ENCENENT
R.♦XW_ - DIGIT-tor-YIAY
AC. - ACRE
SO_ FT. - SQUARE FEET
PC.- PACE
vci_ - VDLLIL!
C.R. = COUNTY ROAD
MISC. - MISCELLANEOUS
APPROX. - APPROXIMATE
MSG - MILLER SURVEY GROUP
w.LE= WATER UNE EASEMENT
T.C.E.= TEMPORARY CONSTRUET1GI EASEMENT
NOTES:
50'
r fk
PIPELINE mARKER'
ENTERPRISE CRuOE
PETROLEUU PIPE3JNE
I(BOD} 220-105E
P.O.B.1
FOUND 3/4" IP
1. THIS SURvET wAS PREPARED. wTH THE BENEFIT EF A SURvEY SUPPORT
LETTER PROVIDED BY ABSTTF.AET 5ER,7CES Cr NOUSTOFL SEARCi-ED DATE Or
.AJLY 16, 2620, I11111 REGARD TD ANY RECORDED EASEMENTS,
RIGHTS -OF -WAY$ CR SETL3ACJC5 AFFEG1140 TIE SURVEWD PROPERTY -
ALL REARING5 ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF
f�e3 (NA683). SXwTH CENTRAL ZONE.
3. ALL IJNDER R 4JMP u11Li1Wg F'LDTTED HEREON ARE FROM MO TIES TO.
EXISTING SURFACE FEATURES. 'VISIBLE EVIDENCE AND TEXAS ONE -CALL FIELD
LOCATIONS, ALL UNDERORCUN, UTILITY LOCATIONS PLOTTED HEREON ARE
APPROa4ATE LOCATIONS AND MUST DE vERIFIED BY THE CONTRACTOR
BEraRE cONSTRuCTON.
4 A 41E1E5 ANp MOUNDS DESCRIPTION OF THE SUBJECT TRACT NA$ BEEN
PREPARED B'f MILLER SVRI+EY CAMP AND ACCOMPANIES THIS PARCEL PLAT.
\ MATCH -
L5 --'
1{7. c.B.R.R. Go. SURVEY,
A-549
20' w-L-�-
0.2275 ACRE
(9,90D SR. FL)
PORTON OV LOT 2O24
E
GOLF COW
IyTtiOK
COOP WV SUBD0904, VOL- 2,
TRACT No. 29
-MANG MAI AND XUAN-MAI MAI
CALLED 10.0 ACRES
LOT P, VOL.. 2, PC. 89
S.C.C-F, No. 910115g7
TRACT No. 30
SIDELINE INVESTMENTS, LLC
CALLED 5,0 ACRES
B.C-C-F. Na. 2014052858
# ' BENEDICK DRIVE
Z GR{4L (PRIVATE ROAD)
TRACT No, 39
TRACY LEE BONAR AND
RHONDA RENEE DUNL'.P
RESIDUE OF CALLED 10.00 ACRES
B.C-C.F. No, 2014029532
TRACT No_ 40 � J
RSH DEVELOPMENT, LLC
CALLED 2.07 ACRES
B.C.C.F- No. 200702.7409
REMISED:
08/13/2020 - SURVEY SUPPORT LETTER UPDATED
20i W.L.E. — TRACT No. 29
THArrc kiAI AND XUAN-MAI MAI
BEING A 0,2273 ACRE TRACT LOCATED IN THE
H.T.&B.R.R. CO. SURVEY, A-549
BRAZORIA COUNTY, TEXAS
Fel
SURVEY*GROUP
www _ mRle I•s'uvty _ e om
1744 WEST SA % HOUSTOH PARKWAY NOKTH * HOUSTON, TEXAS 77043
PHONE 713a0-1900*SAIL 71 )-413-1941
TEAS FIRM REUISTAAT1Cu1 No. f00471OO
,IDD HD.
3084-ROW
SCALE: 1'-50'
£ ATE U9/20/201 B
FIELD OODI(:
17450JI-a+
D. DWG, No. PARCEL 29-ALE_R1.DWG
DRAWN DNA 1 CHECK: AAIP
MRD No. 1812.28
EXHIBIT
PAGE 4 OF 4 PAGES
50' 25' 0
50'
SCALE tN FFFT
LEGEND
0 - FOUND 5/6-INCH IRON ROO
(UNLESS OTHERWISE NOTED)
• - SET Sit -INCH IRON RCd %WMSO CAP
(UNLESS DTHERVISE NOTED)
O - ANGLE POINT
9RA26RIA COUNTY PLAT RECORDS
B▪ .C"D"R" - BRA2CRIA COUNTY DEED RECCRDS
= BRAZORIA COUNTY CLERK'S FILE
Na - NUMBER
CIR - CAPPED IRON ROD
IR = IRON ROD
IP = RCN PEPE
P.O.B. = POINT OF BEGINNING
P.O.C. - POINT Or COMMENCEMENT
RIGHT-OF-WAY
AC. = ACRE
SQ. FT. = SOLI ARE FEET
PC. - PAGE
VOL. - VOLUME
Lk. - COUNTY ROAD
MISC. = MISCELLANEOUS
APPRO![. = APPROXIMA1E
MSG - TILLER SURVEY GROUP
w,LE- WATER UNE EASEMENT
T"C.E.- TEMPORARY CONSTT?UCTON EASEMENT
N O1E
1\
FOUND 1- IP
0 get
CCNm
Wil-
~•
II LL_
I
1. THLS SURVEY YyA9 PREPARED 4111H THE BENEFIT OF A SURVEY SUPPORT
LETTER PROVIDED BY ABSTRACT SERVICES OF HOUSTON. SEARCHED DATE OF
NOVEMBER 29, 2017, WITH RECAR6 TO ANY REC RDEO EASEMENTS,
RIGHTS -CC -WAYS OR SETBACKS AFFECTING THE SLR4EYED PROPERTY.
2, ALL BEARINGS ARE REFERENCED 1Q THE TEXAS CPCRDINATE SYSTEM OF
1933 (HARED). SOUTH CENTRAL ZONE.
3. ALL UNDERGROUND U IILITE5 PLOTTED HEREON ARE FROM FIELD TIES TO
EDO51I G SURFACE FEATURES, VISIBLE EVIDENCE AIM TEXAS CNE-CA_LL FIELD
LOCATIONS ALL UNDERGROUND UTILITY LOCATIONS PLOTTED HEREON ARE
APPROXIMATE LOCATIONS AND MUST DE VERIFIED BY THE CONTRACTOR
BEFORE CONSTRUCTION-
4. A METES AND BOUN65 DESCIRIPT1CiN Of 1HE SUBJECT TRACT HAS SEEN
PREPARED BY MILLER SURVEY GROUP AND ACOIMPAIMNES THIS PARCEL PLAT.
TRACT Ilo. 28
PHUC MAI AND NGUYET DOAN
CALLED 4.95 ACRES
B.C-C,F, No. 900DD721
TIOt1 1,01
p A;kGlert 0a60,SEG
���p24
����gG, 89$CpR
TRACT No, 29
THANG MAI AND XUAN-MAI MAI
CALLED 10.0 ACRES
LOT 2, VOL. 2. PC. $9
Et-C.C.F. No. 91011897
H.T.&B.R.R. CO, SURVEY,
A-549
LINE
REVISED:
08/13/2O20 - SURVEY SUPPORT LETTER UPDATED
20'
�W..�L-+.E�.y—�7�TRACT
� yNo.
�} 29
HA G 110 AI AND X JJ1.111 -MAI MAI
BEING A 0.2273 ACRE TRACT LOCATED IN THE
H.T.&B"R"R" CO" SURVEY, A-549
ERAZORIA COUNTY, TEXAS
III I Grp
SURVEY*GROUP
www-mII erwrvey.u1111
17.60 WEST SAM HOUSTON PARILWAY NCIRTH *HOISTON, TEXAS 77043
PHONE 71 #-nyT400 * FAX 713r13. 941
'TEXAS FIR ( REGISTRATION No. 1(I047102
JOB Nn, 30E4-ROW
SCALE: 1'-50'
DATE; Q13l20J201 B
FIELD BOOC 17O60/HM
DNIG. No. PARCEL
2D-YLE31.0WG
DRAWN: OKA
CHECK ARP
WAS No. 18.1220