R2021-014 2021-02-08RESOLUTION NO. 2021-14
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 0.1221 acre (5,320
square feet), located within the H.T.&B.R.R. Co. Survey, Abstract-549,
Brazoria County, Texas and being a portion of Lot 1 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 0.1221 acre
tract being a portion of a called 4.95 acre tract recorded in the name of
Phuc Mai and Nguyet Doan in B.C.C.F. No. 90000721, 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. 2021-14
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.
ATT
AL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
/ Jam-`
DARRIN M. COKER
CITY ATTORNEY
2
IN CO E
AYOR
CO E
AYO R
Exhibit , Page 1 of 3
County:
Proj ect:
M.S.G. No.:
Job Number:
Brazoria
Massey Ranch
181229 R1
3 084-ROW
FIELD NOTES FOR 0.1221 ACRE
TRACT No. 28
20' WATER LINE EASEMENT
Being a tract of land containing 0.1221 acre (5,320 square feet), located within the
H.T.$BR.R. Co. Survey, Abstract-549, Brazoria County, Texas and being a portion of
Lot 1 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 0.1221 acre
tract being a portion of a called 4.95 acre tract recorded in the name of Phuc Mai and
Nguyet Doan in B.C.C.F. No. 90000721. Said 0.1221 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.F.R.) at the northwest
confer of a called 2.07 acre tract, being a portion of Lot 9 of the Allison Richey Gulf
Coast Horne Company Subdivision, Section 24 recorded in Volume 2, Page 89 and
recorded in the name of BST -I 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 3465.46 feet to a 1 -inch iron pipe found for the POINT OF
BEGINNING of the herein described tract in the north line 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.
Thence, along said east right of way line of FM 1128, North 02 degrees 38 minutes 48
seconds West, a distance of 266.00 feet to 1-inch iron pipe found for the northwest corner
of the herein described tract in the south line of a called 4.9463 acre tract recorded in the
name of Mlle Van Mai in B.C.C.F. No. 90010684.
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 4.9463 acre tract to an angle point;
Thence, South 02 degrees 38 minutes 48 seconds East, a distance of 266.00 feet to an
angle point in the south line of the herein described tract and the north line of said 10.00
acre tract;
Exhibit , Page 2 of 3
Thence, South 87 degrees 20 minutes 01 seconds West, a distance of 20.00 feet along
said common line to the POINT OF BEGINNING and containing 0.1221 acre of land.
Temporary Construction Easement
Being an additional ten foot (10) wide strip ofland 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 of the described tract has been prepared by Miller Survey Group and accompanies
this description.
acR
Anthony R. PeacocR.P.L..
Texas Registration o. 5047
Miller Survey Group
www.millersurvey.com
Texas Firm Reg, 10047100
Ph: (713) 413-1900
June 20, 2018
IvI&B No. 181229 R1
Revised Date: January 12, 2021
EXHIBIT PAGE 3 OF 3 PAGES
Line Table
Lint
Lw1g1h
Direction
L1
3465.46
No2.3E40.'W
L2
266,00
NO2.36'48'W
L3
2O.00
N87'20'O1"E
L4
266.00
SO2'38'4.8'E
L5
20. DO
S87'20'01"w
50' 25' 0
50'
SCALE !N FEET
LEGEND
- FDLIND 5/1J-INC1•I IRON RQQ
(UNLESS OTHERWSE NOTED)
r - SET 5J6-•I140H MiON ROD WAISC CAP
(UNLESS OTHERWISE NOTED)
O = ANGLE POINT
6.C,P.R. - IBRA2QRIA COUNTY PLAT RECORDS
B,C,D,R, - URAiORIA COUNTY DEED RECORDS
B.C.C,F. - BRAZORIA COUNTY CLERKS FILE
Na. - NUMBER
CIR CAPR€D !RCN RDD
IRON ROD
P - IRON PIPE
P.O.B. - POINT OF BEGINNING
P.O.C. - POINT of CDNAM€NCEMENT
R.O. W. - RIONT-OF-WAY
kC - ACRE
SO_ FT_ - SOU ARE FEET
PG.. PACE
✓ EIL - VOLUME
C.R. a COUNTY RDAQ
MISC. - MISCELLANEOUS
APPROX. - APPROXIMATE
MSG - k111_LER SURVEY GROUP
W.LE- WATER LINE EASEMENT
T.C.E= TEMPORARY CONSTRUCTION EASEMENT
HOTE -
FOUND 1' IP
ut
P.O.B.
FOVF D 1" IP
P.D.C.
FWNQ 3f4- P
II
1. THIS SLRVEr *As PREPARED WITH THE BENEFIT OF A SURVEY SUPPORT
LETTER PROVIDED BY AHS FrAOT SERVICES OF HDLSTDN, SEARCFED DATE Of
JULY 15. 202EI, WITH REGARD TO ANY RECORDED EAaEYENTS•
RIGWT'}-CIF-WAYS QR 5ETRACICS AFFECTING THE SURVEYED PROPERTY,
2, ALL BEARINGS ARE REFIERENCE0 TO THE TEXAS COORDINATE SYSTEM OF
1E183 (NAM). SOUTH CENTRAL ZONE
3, ALL UNDERGROUND UTILITIES PLOTTED HEREON ARE FRO+ POLO TIES TO
DOSING SURFACE FEATURES. VISIBLE EVIDENCE AND TEXAS NE -CALL FIELD
LOCATIONS. ALL UNDERGROUND UTIUTT LOCATIONS PLOTTED HEREON ARE
APPROXIMATE LOCATIONS AND MUST BE VERIFIED BY THE CONTRACTOR
BEFORE CONSTRUCTION_
A. A LETS AND BOUNDS DESCRIPTION OF THE SUBJECT TRACT HAS BEEN
PREPARED BY MILLER SURVEY GROUP ANC ACCOMPANIES ANIS PARCEL PLAT,
TRACT No. 27
PHUC VAN MAI
CALLED 4.9463 ACRES
B.C,C.F. No. 9D010684
H.T.&B,R,R. CO. SURVEY,
A-549
S4 t.pT A`�rt
p DR�U,IILF O� E004 24
20' W.L.E.
0.1221 ACRE
(5.32❑ Sq_ PT.)
TRACT No. 28
PHUC MAI AND NGUYET DOAN
CALLED 4.95 ACRES
8.C.C.F. No, 90000721
Tor
L5 '° TRACT No. 29
THING MAI AND xUAN—MAN MAI
1 CALLED MD ACRES
LDT 2, VOL. 2, PG. 89 & B.C.C.F. No, 91011897
— BENED1CI< DRIVE TRACT No. 39
OR4'v5L'� (PRIVATE ROROAD)TRACY LEE BONAR AND
R1-lONDA RENEE DUNLAP
J� RESIDUE OF CALLED 10.00 ACRES
EL — B.C.C.F. No. 2014029532
TRACT No. 40
— BSH DEVELOPMENT, LLC
CALLED 2.07 ACRES
B,C.C.F. No, 2D470274D9
20' W.L.E. — TRACT No, 28
PxuC MAI AND NGUYET DOAN
BEING A D.1221 ACRE TRACT LOCATED IN THE
H.T.&B.R.R- CD, SURVEY, A-549
BRAZORIA COUNTY, TEXAS
SURVEY*GROUP
wren, m I l lersuvey. corn
1760 WEST WA HOUSTOH PARKWAY NORTH*NOII$TOI1, TEGAS 37543
PHONE 713-413-1900 •* FNi 713•013.1944
TEXAS FIRM REGISTRATION No, 10047100
REVISED,
08/13/2020 — SURVEY SUPPORT LETTER UPDATED
Jib N.
3Ca1-ROW
SCALE: 1'=56'
DATE:DS/20/201S
FIELD BOCK:
I7D5D/NM
DWG Na PARCEL 28-7kE-R1.DWG
DRAWN: DISA
CHECK: ARP
11&B. Na 101227