R2010-158 - 2010-11-22 RESOLUTION NO. R2010 -158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF ROAD,
DRAINAGE AND UTILITY 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 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, drainage and
utility 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 simple title to certain property for the construction of
road, drainage and utility improvements on said 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, drainage and utility
improvements on certain real property located in Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition of right -
of -way, 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-
1", "A -2 ", "B -1" and "B -2" 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, described in Exhibits "A -1 ", "A -2 ", "B -1" and "B -2" and any
RESOLUTION NO. R2010 -158
improvements thereon, either by donation, purchase or the exercise of the power of
eminent domain.
PASSED, APPROVED and ADOPTED this the 22 day of November, A. D., 2010.
okra
TOM REID
MAYOR
ATTEST:
SONIA WEBB /\ c
DEPUTY CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
PARCEL 57
;METES AND BOUNDS DESCRIPTIC EXHIBIT
13,255 SQUARE FEET OUT OF LOT 2 i
ALLISON RICHEY GULF COAST '
HOME COMPANY SUBDIVISON OF SECTION 26 —
H. T. & B. FIR. COMPANY SURVEY, ABSTRACT 550
BRAZORIA COUNTY, TEXAS
All that certain 13,255 square feet out of Lot 21, Allison Richey Gulf Coast Home Company Subdivision
of Section 26 according to the plat thereof as filed in Volume 2, Page 129 Brazoria County Plat Records,
H. T. & B. R.R. Company Survey, Abstract 550, Brazoria County, Texas and being out of that certain
tract as described in a deed dated 06-22 -2005 from Griffin United, Inc. to MMSN Enterprise of Texas #2,
LLC as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number
2005036098 and being more particularly described by metes and bounds as follows (bearings based on
the Texas Coordinate System of 1983, South Centel Zone);
Commencing at a point marking the north cut -back corner of the occupied and nionunnented south right-
of-way line of Bailey Road (County Road 101) and the occupied and monume ted east right-of-way line
of Veterans Drive (County Road 143); Thence S 87° 23' 36" W — 137.65' with the occupied and
monumented south right -of -way line of Bailey Road (County Road 101) to a found 5/8" iron rod marking
is the POINT OF BEGINNING of herein described tract
1. Thence S 02° 30' 32" E — 19.99' with the west line of that certain tract as described in a deed dated
06-22 -2005 from Billy E. Griffin to MMSN Enterprise of Texas #1 as filed in the Official Records of
Real Property of Brazoria County at Clerk's File Number 2005036102 to a set 5/8" iron rod with cap
(stamped C.L. DAVIS -RPLS 4464) for corner,
2. Thence S 87° 23' 43" W — 221.00' with the proposed south right-of-way line of Bailey Road (County
Road 101) to a set 5/8" iron rod with cap (stamped C.L. DAVIS -RPLS 4464) for corner,
3. Thence N 02° 30' 32" W — 19.99' with the east line of that certain tract as described in a deed dated
12 -15 -1962 from Olin G. Wellborn to Ernest E. Gog et ux. as filed in Volume 837, Page 365
Brazoria County Deed Records to a point located on the occupied and monumented south right-of-
:
way line of Bailey Road (County Road 101);
• 4. Thence N 02° 30' 32" W — 40.02' continuing with the east line of said Ernest E. Goth et ux. tract to a
point for comer;
5. Thence N 87° 24' 46" E — 221.00' with the north line of said MMSN Enterprise of Texas #2, LLC
tract to a point for comer,
6. Thence S 02° 30' 32" E — 39.95' with the west line of said MMSN Enterprise of Texas #1 trail to the
POINT OF BEGINNING and dining 13,255 square feet (0.3043 acre) of land more or less.
Contained within the above described 13,255 square feet (0.3043 acre), 8,837 square feet (0.2029
acre) is within the monuniented and occupied right-of-way of Bailey Road.
This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas
Board of Professional Land Surveyor's "General Rules of Procedures and Practices" Section
663.19(9):
Compiled by C.L. Davis & Company 1
Job Number. 11421 -132 P57 M&B.doc
08-06 -2009
11-421 -132 P57 M&B
" : v i
4 1 gt 'I; i 1 k :, F.1 ;-,*. l'. i; • :2 44 A 1 qw.,,A rz g
OA Gi h: a z z 7 7 b
•,4 —.�. --sue t OP B e .
t t: h0 n ° u. ul * 1 � 'l
- Zv'R 1 gioliqi .
Lk A . q
gil .
N i
F
k 11 3/11410 SNRCIL3A ill
4 2--"4.me"1-- 1° - • '
Is
i pL
'' 11 . I LI h
1: �i elgg
I m. 114 �S�IIm§I
I a
... � r1fM1�� �` 1 r.x 'ado •
C 6 • III 17vr, -17 � .r�� d� i .
_ py
g < g 6 . i
1 : . : P i§ ..i I 11 I , 11 I I I 1 lk 1 ih . rill La
: E 1 , Y Sht 1 1 I r-..qe il ri/ gh i
! P3 ..., 1 , i .:- wm,,,,G
1 i igi L 1 1
: i I ! 1 +r , { l i I I h O
■ C Qa n ` � 1
R 4 R p t I E e I
ef= w I! ± III! I 1 a i i
m o 5 fl I ( � a tI$
V tag p iii gui 1 g -' ' 1 lzi- 14 ins 1 1 11
1 ; 1 15 i mige1i -- ! j
11. ro 1 lal x o 1
I
i EXHIBIT .:
PARCEL 58
METES AND BOUNDS DESCRIPTION
3,514 SQUARE FEET OUT OF LOT 21 ra
ALLISON RICHEY GULF COAST
HOME COMPANY SUBDIVISON OF SECTION 26
H. T. it B. R.R. COMPANY SURVEY, ABSTRACT 550
BRAZORIA COUNTY, TEXAS
All that certain 3,514 square feet out of Lot 21, Allison Richey Gulf Coast Home Company Subdivision
of Section 26 according to the plat thereof as filed in Volume 2, Page 129 Brazoria County Plat Records,
H. T. & B. R.R. Company Survey, Abstract 550, Brazoria County, Texas and being out of that certain
tract as described in a deed dated 06-22-2005 from Billy E. Griffin to MMSN Enterprise of Texas #1 as
filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 2005036102 and
being more particularly described by metes and bounds as fellows (bearings based on the Texas
Coordinate System of 1983, South Central Zone);
Beginning at a point marking the north cut -back corner of the occupied and monumented south right-of-
way line of Bailey Road (County Road 101) and the occupied and monumented east right -of -way line of
Veterans Drive (County Road 143);
1. Thence S 47 36' 17" E -- 42.58' with the occupied and monumented cut-back line of Bailey Road
(County Road 101) and Veterans Drive (County Road 143) to a fb 5/8" iron rod for corner,
2. Thence S 02° 36' 17" E — 24.89' with the occupied and monumented east right -ofway line of
Veterans Drive (County Road 143) to a set 5/8" iron rod with cap (stamped C.L. DAVIS -RPLS 4464)
for cut -back corner,
3. Thence N 47° 36' 17" W — 49.50' with the proposed cutback line of Bailey Road (County Road 101)
and Veterans Drive (County Road 143) to a set 5/8" iron rod with cap (stamped C.L. DAVIS -RPLS
4464) for cut -back caner,
4. Thence S 87° 23' 43" W — 132.79' with the proposed south right-of -way line of Bailey Road (County
Road 101) to a set 5/8" iron rod with cap (stamped C.L. DAVIS -RPIS 4464) for corner
5. Thence N 02° 30' 32" W — 19.99' with the east line of that certain tract as described in a deed dated
06-22-2005 from Griffin United, Inc. to MMSN Enterprise of Texas #2, LLC as filed in the Official
Records of Real Property of Brazoria County at Clerk's File Number 2005036098 to a found 5/8"
iron rod located on the occupied and monumented south right -of -way line of Bailey Road (County
Road 101);
6. Thence N 87° 23' 36" E — 137.65' with the occupied and monumented south right-of-way line of
Bailey Road (County Road 101) to the POINT OF BEGINNING and containing 3,514 square feet
(0.0807 acre) of land more or less..
This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas
Board of Professional Land Surveyor's "General Rules of Procedures and Pined' Section
663.19(9).
Compiled by: C.L. Davis it Company
Job Number: 1 l-421 -132 P58 M &B.doc
08 -06 -2009
11.421 -132 P58 MOB
. 1 6: . 3 . 3 3 tiu I I gi 1
co id 'fall i z 1
cs _ ci cn In z (n z j6z in /li "II • . i i
4 1 1 4 'P k lt t. §' .4 6 0 z , nil
• t l• ,
8 t I cn
1 g 4 g',. 4 ,q 2 - 3 1 2) J (.) de .
-
N4 6 R lilet811 ,
•
li 0
a
1 i ........,,,...__
1 1 1 r IJ I N
t th 1
LN- L- k 2L 4" : > 4
11: 44 614
-- 11 1 l 11 1;1111
t ill
i it 1
11
Ilk. k
— a 2
.0.110. i A ---
' L
1 . . L.
—1 1 4 - --- — --7 .--- 1:
" miliaS
1 . 1. , 1 lh, (wow OM vd 'a ion.)
im.. AMMON ,0* -j NOIgni
i , 4 10 I il,11 G :
ir ol
1 iiiimia
1 1 i.r. ,_ Egooks
i 1 t
I 1111A11111■ =
. - -I m T
I I II d 6 1
r-ri: t
•' 1 1 I.
4. 4
Pik . t 1 11 I ' 1 d 5 11 "4
11 1
I I 1 % 4• I : 2-141 i ig i ill ';
I., • 0: z -, t - 5 01 mi 1 1
. ,
, - 1 1 i 1 t 1 1 ul ei 1-41 1 1 i i! I V Ai .
1 1 1 4 ! li 1 I 6 6 1 i ! a P
- 1 . 0 I Qi t e. 1 11 ieg 11 g
i
11 .
1, i
L i 1! . 4 $ 11 X
6 N. ! 1 g RI i 16
ge i
0.MITa i i 1:
N'1 i 16 g 1 L 1 tz
: 1 a l $2 11 11110 , _ 1 2 6 g 2
...
1,1
... dalitilt .' (n 17 : 9 -,pl:1
[ —
" ii ki ii illi,ki
: ,. 11 7.1111' 9.- I' ---- il
g 1 .., c.
.. I
• fi i " 10 '
. 1 i 1 4. II I 4 \ltisti; wil § EgO '1 11 111
l ir ' I k
Ea g cii 1 gig
11 9 1
__..