R2021-081 2021-04-26RESOLUTION NO. 2021-81
A Resolution of the City Council of the City of Pearland, Texas, authorizing
the power of eminent domain to a fee title interest, a sanitary sewer
easement, and a temporary construction easement on certain property for
public infrastructure improvements (road and sewer); being tracts of land
containing 0.0313 acre (1,365 square feet), a 0.1045 acre (4,550 square feet)
and a temporary construction easement, located within the H.T.&B.R.R. Co.
Survey, Abstract-549, Brazoria County, Texas and being a portion of Lot 58
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 0.0313 and 0.1045 acre tracts also being a portion of a
called 0.5005 acre tract recorded in the name of Robby L. Kenner in
Brazoria County Clerk's File (B.C.C.F.) Number (No.) 2011018543, for the
construction and maintenance of public 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 public infrastructure improvements
(road and sewer) 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 fee title interest, a sanitary sewer 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 public infrastructure improvements (road and sewer)
on certain real property located in Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition of a fee
title interest, a sanitary sewer 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 Exhibits "A", "B", and "C" , attached
hereto and incorporated herein for all purposes.
RESOLUTION NO. 2021-81
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 Exhibits "A", "B", and "C", either by donation, purchase or the
exercise of the power of eminent domain.
PASSED, APPROVED and ADOPTED this the 26th day of April, A.D., 2021.
ATT
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
KEVI N/C LE
MAYOR
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County;
Project:
M.S.U. No.:
Job Number:
Brazoria
Massey Ranch
'I'CE-Tract 54
3084-ROW
TRACT No. 54
TEMPORARY CONS'i'RIJC''ION EASEMENT
EXHIBIT "A"
Being an additional ten foot (10) wide strip of land to be used during the construction of a
sanitary sewer utility line. The 10 foot wide strip of land will be on the west side, parallel
to and coincident with the 15 foot wide permanent easement. Said 10 foot wide strip of
land shall extend the entire length of the 15 foot wide permanent easement,
County:
Project:
M.S.G. No.:
Job Number:
Page 1 of 3
Brazoria
Massey Ranch
181177
3084-ROW
FIELD NOTES FOR 0.0313 ACRE
TRACT No. 54
15' SANITARY SEWER EASEMENT
Being a tract of land containing 0.0313 acre (1.365 square fect), located within the
C'o. Survey, Abstract-549, 13razoria County, Texas and being a portion of
Lot 58 of the Allison Richey Gulf Coast Home Company Subdivision, Section 24
recorded in Volume 2, Page 89 of the Brazoria County Plat Records (13,C,P.R.). SHid
0.0313 acre tract being a portion of a called 0.5005 acre tract recorded in the name of
Robby L. Keener in Brazorin County Clerk's File (B.C.C,F.) Number (No.) 2011018543.
Said 0.0313 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 5/8-inch iron rod with cap stamped CL Davis found on the south
right of way line or Bailey Road (C .R.101) (width varies as per B.C.C.F. No.
2010043889) at the. most northerly cut back corner of Lot 51;
Thence, South 47 degrees 39 Minutes 35 seconds Est, distance of 49,49 reel along said
cut back line to an angle point;
Thence, South 02 degrees 39 minutes 11 seconds East, a distance of 431.93 feet to a 5/8-
inch iron rod with cap stamped CL Davis found for an angle point;
Thence, North 87 degrees 20 minutes 49 seconds East, a distance of 7.36 feet to an angle
point on the proposed west right of way line of Harkey Road (C.R,103) (width varies as
per Volume 2, Page 89, B.C.P.R.);
Thence, South 02 degrees 41 minutes 30 seconds Hast, a distance of 3676.03 feet to the
POINT O1F BEGINNING of the herein described tract on the proposed west right of
way line of Harkey Road and the north line of said called 0.5005 acre tract;
Thence, along said proposed west right of way line South 02 degrees 41 minutes 30
seconds East, a distance of 91.00 Feet to an angle point for the southeast corner of the
herein described tract on the north line of the north 'A of Lot 59 recorded in the name of
Roberto C). Barron aiul Diamanlina V. 1 armn in 1:3.C.C:.P. No. 83015203;
Thence, along the iinc common to the herein described tract and said north 1/2 of 1,ot 59,
South 87 degrees 70 minutes 06 seconds West, a distance of 15.00 feel to an angle point;
Exhibit . Page 2 of 3
Thence, North 02 degrees 41 minutes 30 seconds West. a distance of 91.00 Feet to an
and: is point in the north line of said 0.5005 acre tract;
Thence, along said north line, North 87 degrees 20 minutes 01 seconds Gist, a distance of
15.00 foot to the POINT OF BEGINNING and containing 0.0313 acre oi'land.
A Parcel Plat of the described :matt has been prepared by Miller Survey Group and accompanies
this description.
Anthony R. Peat lt. R.P.L..S.
Texas Registration No. 5047
Miller Survey Group
www.mi 1lersurvey.corn
Texas Firin Re;,.. 10047100
Ph: (7131 413-1900
May 14, 2018
M&13 No. 181 l77
EXHIBIT PAGE 3 OF 3 PAGES
Lino Table
Line
1.1
L2
L3
Langth D!r ctIp;1
49.49 S47'39'35'E
431.93 S02'39'11"E
7.36 N87'20'49"E
L4
L5
L6
L7
L8
3676,03
91.00
502'41'30"E
502'41'30'E
15,00 S87'20'06"W
91.00
15.00
NO241'30"W
1487'20'01"E
LEGEND
0 = FOUND 5/0-INCH IRON ROO
(UNLESS 01HERYAS£ NOTED)
i - sEr 5/6 -INCH IRON RO? W/MSO CAP
(UNLESS OTHERWISE NOTED)
O = ANGLE PONT
B.C.P,R, BRAZORIA C0L0iTY PLAT RECORDS
B.C.D.R. = BRAZORIA COUNTY DEED RECORDS
B.C.C.F. = ORAZORIA COUNT( CLERK'S FILE
Na. NUMBER
CIR - CAPPED IRON ROD
= IRON ROD
P IRON PIPE
P.D.B. = POINT OF BEGINNING
P.0.0. = POINT OF COMMENCEMENT
R.O.W. = RIGHT-OF-WAY
AC. = ACRE
SO Fr. = SQUARE FEET
PG, = PAGE
VOL. = VOLUME
C R. r COUNTY ROAD
MISC. . MISCELLANEOUS
APPROX. - A.PPRO1OMATE
MS0 = MILLER SURVEY GROUP
S.S.E.SANITARY SEWER EASEMENT
T.C.E= TEMPORARY CONSTRUCTION EASEMENT
IR03ERTO 0 BARRON
NOTES
1. 11-IS SURVEY WAS PREPARED WITH 1HE B111 Etir OF A SURVEY SL1'PDRT
LETTER PRDNOED BY ABSTRACT SERVICES OF HCUSTOV. SEARCHED DATE OF
JULY 23, 2320, PATH REGARD TO ANY RECORDED EASEMENTS.
K'GHTS-CF-WAYS OR SETBACKS AFFECTING "HE SURVEYED PROPERTY.
2. ALL BEARINGS ARE RE ERENCED TO THE TEXAS COOROitATE SYSTEM. OF
10R3 (NADB3), SCII i11 CENTRAL ZONE.
3. AU. UNDERGROUND UPUIIES PL0TTE0 HEREON ARE FROM F:ELD ''ES TO
E10STN0 SURFACE FEATURES, YSiALE EVIOENCE AND TEXAS ONE - CALL FIELD
LOCATIONS. ALL UNDERGROUND UTILITY 1.0CAT10NS PLOTTED HEREON ARE
APPROXIMATE LOCA110N5 AND MUST RE VER'F'ED BY THE CONTRACTOR
BEFORE CONSTRUCTION.
4. A METES AND ROUNDS DESCRIPTION CI THE sIUBJECT TRACT iiAn RF.rw
PREPARED BY MILLEN SURVEY GROUP ANO ACCOMPAIJ ES THIS PARCEL PLAT.
5. MARKEY ROAD (C.R. 103) 20' EASJAENT DEDICATED IN V¢JL- 2, P11, B9,
B.OP.,R.I REFERENCED AND OCCUPIED AS 30' WADE. HO RECORD FOJND OF
ACD111.O1AL 10" EASEMENT DEDICATION.
BAILEY ROAD (C•R, 101)
(R.O,W. KITH VARIES) i4 50' 25' 0
B.C.C.F. No. 2010943889 CONCRE'E
_,GRADE BREAK -,
P.O.C.
FOUND 5/8" CIR
CL DAVIS CAP
TRACT No. 69
NGUYET Till LOAN, ET AL
CALL 30.97 ACRE
LOTS 41 AND 51
VOL. 2. PG. 89
B.C.C.F. N. 98-005841
FOUND 5/8" CIR
12' PECANS
TRACT No, 55
CIEGO GUTIERREZ AND ..
:.
MARIA GUTIERREZ
CALLED 4.016 ACRES S -v
B.C.C.F. No. 2013012935 I _
SCALE IN FEET
'N--FD'JND 5/8" IR
t�{ I
PgRS10N , CO���vl 1'1 P.0.6.
l�1CFi>~i SE 10' L8
-A4L`S0� Su��lGlsa N,0 C.? R_ Y7
COMP V��• 2' �
� O N
eoo
-eci
TRACT No. 54
RQBBY L KEENER
CALLED 0,5005 ACRES
B.C.C.F. No. 2011018543
15' S.S.E.
0.0313 ACRE
(1,365 SO. FT.)
ca. su1V5,
-
TRACT No, 53
AND WIFE,
DIAMANT;NA V BARRON
CAI.LF..O NCRT'1 1/2 LOT 59
B.C.C,F. No, 83015203
FOUND 3/4
I
..� /.12' ALLDTr-i1!f
12 TAU_CVrll'i4 .
x
1
x
50'
U
1
REVISED:I08/17/2020 - UPDATED SURVEY SUPPORT LETTER
15' S.S.E. — TRACT No. 54
ROBBY L. KEENER
BEING A 0,0313 ACRE TRACT LOCATED IN THE
H.T.&E3.R.R. CO. SURVEY, A-549
BRA'!_ORIA COUNTY, TEXAS
SURVEY*GROUP
W W w. m IllerslrVey. corn
17G0 WEST SAW H0UST0N PARKWAY NCRTN*NC'JSTON, TEXAS 71043
PRONE 713-413.1900*FAX 713.413.19M
T17VS FIRM REGISTRATION NJ. 10047103
43 Nn. 3094-ROW
MG. N". PARCEI. S4-SSS.RI.OWD
f SCALE:1'=;:D'
;DRAWN: DKA
DATE: 05/14/2010 nap ROOK: 17050/11M
CHECK; ARP M&R Na, 1B1177
County:
Proj ect:
M.S.O. No..
Job Number:
EXHIBIT ,
a
Brazoria
Massey Ranch
181126
3084-ROW
Page 1 of 3
FIELD NOTES FOR 0.1045 ACRE
TRACT No. 54
Being a tract of land containing 0.1045 acre (4,550 square feet), located within the
1-1.T.&B.R.R. Co. Survey, Abstract-549, Brazoria County. Texas and being a portion of
Lot 58 of the Allison Richey Gulf Coast Monte Company Subdivision.. Section 24
recorded in Volume 2, Page 89 of the Brazoria County flat records (B.C.P.R.). Said
0.1045 acre tract being a portion of the south 1/2 of Lot 58 and a portion of a called
0.5005 acre traot recorded in the Mime of Robby L. Keener in Brazoria County Clerk's
File (B.C.C.F.) Number (No.) 2011018543. Said 0.1.045 acre tract being more
particularly described by metes and bounds as follows (all beatings are referenced to the
Texas Coordinate System of 1983 (NAD83). South Central Zone):
COMMENCING at a 5/8-inch iron rod witli cap stamped CL Davis found on the south
right of way line of Bailey Road (C.R.101) (width varies as per B.C,C.F. No.
2010043889) at the most northerly cut back corner of Lot 51:
Thence, South 47 degrees 39 minutes 35 seconds East, a distance of 49.49 feet along said
cut back line to an angle point;
Thence. South 02 degrees 39 minutes 11 seconds East, a distance or 431.93 feet to a 5/8-
iiieh iron rod with cap stamped CL Davis found for an angle point;
Thence, North 87 degrees 20 minutes 49 seconds East. Ea distance of 7.36 feet to an angle
point on the proposed West right of way line of Harkey Road (C.R.103) (width varies as
per Volume. 2, Page 89, 13.C.P.R.);
Thence, South 02 degrees 41 minutes 30 seconds East, a distance of 3676.03 feet to a
518-inch iron rod with cap stamped Miller Survey Group (MSG) set for the POINT OF
TB.EGINNING of the herein described tract on the proposed west right of way line of
Harkey Road and the north line of said called 0.5005 acre tract;
Thence, departing said proposed west right of way line, North 87 degrees 20 Minutes 01
seconds Cast, at 19.50 feet passing the existing occupied right of way line, for ri total
distance. of 50.00 feet to an angle point in Ilarkcy Road:
Thence, South 02 degrees 41 minutes 30 seconds East: a distance of 91,00 feet to an
angle point in Harkey Road:
Thence, departing said Harkey Roacl, South 87 degrees 20 minutes 06 seconds West, at
30.29 feet passing n 314-inch iron pipe found. for a total distance of 50.00 feet to :t 5/8-
Anthony R. Pea a, R.P.L.S,
Texas Registration No. 5047
Miller Survey Group
www.rnillersurvey.com
Texas Firm Reg. 0047100
Ph; (713) 413-1900
April 2, 2018
M&B No. 181126
Fxhibit__C_.. Page 2 of 3
inch iron rod with cap stamped Miller Survey Group (MSG) set for the southwest corner
of the herein described tram on the proposed west right of way line of Ilarkey Road and
the north line of the north VI of Lot 59 recorded in the name. of Roberto 0, Barron and
D immntina V. Barron in B.C.C.F. No. 83015203;
Thence, along said proposed west right of way line, North 02 degrees 41 minutes 30
seconds West, a distance of 91.00 feet to the POINT OF BEGINNING and containing
0.1045 acre of land.
A Parcel Plat attic described tract has been prepared by Miller Survey Group and accompanies
this description.
't: "Gacs
`ol ram`
i
it „` '0% iii F4- Li
6.„,i v s;�,'. �'�f (.,'/• k_. !;i 'hnTNb v la. PEnoa cat
0
Una Table
Lina1 Length
L1 49.49
L2 431.93
1
Rirection
S47'39' 35"E
S02'39'11"E
1.3
7,36
N87'20'49'E
L4
3676,03
s02'41'30"E
L5
50.00
N87'20'01"E
L6 91,0D
L7 50.00
L8 91.00
502'41'30'E
S8720'OB'W
NO2'41'30'W
LEGEND
0 0 FOUND 5/B^i'1CN IRON ROD
(UNLESS OTHERWISE NOTED)
• SET 5/B-INCH IRON ROD W/MSG CAP
(UN:.ESS OTHERWISE NOTED)
0 ANGLE POINT
B.C.P.R. = BRAZORIA COUNTY PLAT RECORDS
D.C.D.R. = BRA[UILA COUNTY DEED RECORDS
B.C.C.F, .. BRAZORIA COUNTY CLERK'S F1LE
No. •• NUMBER
CIR '= CAPPED IRON ROD
IR = IRCN RDD
2' = IRON PPE
PONT OF BEGINNING
P.O.C. ++ POINT OF COl4NENCEMENT
R,DAW, = RIGHT-OF-WAY
AC. ACRE
SO. Fr. -, SCUAR£ FEET
PC... PACE
VOL. = VOLUME
COUNTY ROAD
misc.. MISCELLANEOUS
Al'1'H0X. •- APPROXIMATE
MSG •• MILER SURVEY GROUP
ACREAGE TABLE.
PROPOSED TAKING
AREA WITHIN OCCUPIED R.O.W.
AREA WITHIN PROPOSED R.O.W,
EXHIBIT , PAGE 3' OF 3 PAGES
BAILEY ROAD (C.R. 101)
(R,O,W, 'WIDTH VARIES) CG�CRE[E
9.C.C.F. No, 2010043889 rC�
t(�7.
t8
P.O.C.
FOUND 5/0" CIR-
CL DAVIS CAP
TRACT No, 69
NGU ALL 30907AACNRE ET AL
LOTS 41 AND 51
VOL. 2, PG. 89
B.C.C,F. No. 96-005841 4TAlicty
FOUND 5/8" CIR
12" PECAI#
TRACT No, 55
DtklO MARIA GUTiERRGUTIERREZ E7Ah0
.
CAVED 4.016 ACRES
B.C.C.F. No. 2013012935
pp2Ltptl ��1 CO �p�1 2A P.CQ.BT
01
ALt 1S A G
Cp1.1P ri
Vpt 2, P ROBSY L KEENER
ag'CALt,ER 0,5005 ACRES I�.__
B.C.G.F. No. 201101E1543
TRACT No, 54
0.1045 ACRE
(4,550 50. FT.)
O
50' 25' 0 50'
cro
S•R• CO.
SCALE IN FEET
Il I�
FOUND l5/B" 1R
41
FOUND 3/4"
,
TRACT No. 53
ROBERTO 0 BARRON AND WIFE, I�
DIAMANTINA V BARRONLOT 59
CALLED NORTH 1/2
B.C.C.F. No. 83015203 I!
"A" 0.' 045 ACRE
"B" 0.0637 ACRE
"C" 0.0407 ACRE
NOTES
1. THIS SURVEY WAS PREPARE° WITH THE OENEF)T OF A SURVEY SUPPORT
LETTER PROVIDED BY ABSTRACT SER' CES OF HOUSION SEARCHED DATE. 0°
JULY 23, 2020, WIN REGARD TO ANY RECORDED EASEMENTS,
RIGHTS -OF -WAYS OR SETBACKS AFFECTING THE SJR6£YEO PROPERTY.
2. AU. B€AROQGS ARE REFERENCE.° TO THE TEIAS COORDINATE SYSTEM Ov
19E13 (NADR3), SOUTH CEN"RAL ZONE.
3, ALL UNDERGROUND UTILITIES f 0OT1ED hEREGN ARE FROM FIELD T;ES TO
EXISTING SURFACE FEATURES, VISIBLE EVAENCE AND TEXAS ONE -CALL FIELD
1.0CATIONS. ALL APPR bl'A1E LOCATIONS AND I1LSROUND Tl BTY E VERIFl0,D BYNs P
IECONTRACTORHEREON RE
BEFORE CCNSTRUCTION,
4. A METES AN) ROUNOS DESCRIPTION OF "l!E SUBJECT TRACT HAS DEEM
PREPARED BY MUER SURVEY GROUP AND ACCOI,IPANICS THIS PARCEL PLAT.
5. HARKE:Y ROAD (C.R. 1(13) 7.D' EASEMENT DEDICATED IN VOL. 2. PG. 51,
B.C,P.R.; REFERENCED AND OCCUPIED AS 30' WIDE. NO RECORD FOUND OF
ADDITIONAL 1O' EASEMENT OF.D!CARON.
REVISED:
I 11
12' TALLOW
DB/17/2020 - UPDATED SURVEY SUPPORT LETTER
PARCEL PLAT — TRACT No, 54
ROBBY L. KEENER
BEING A 0.1045 ACRE TRACT LOCATED IN THE
H,T,&B,R.R. CO. SURVEY, A-549
BRAZOR1A COUNTY, TEXAS
SURVEY*GROUP
ww'.Y.mltler5 urvey, co m
1760 WEST SRN, HOUSTON PARKWAY NORN*HD'JSTON, TEXAS 77043
PHONE 713.413-1900*FAX 713.413.1944
TEXAS FIRM REGISTRATION No. 10047100
JOB No. 3504-ROW
SCALE:1'-50' DAIE•.04/02/20tB I1101D BOOK: 1705D/H.V
0116. No. PARCEL 54-R1.OWG
DRAWN: DKA CHECK: ARP jM&R No. 161125