R-2016-225 2016-12-19 RESOLUTION NO. R2016-225
A Resolution of the City Council of the City of Pearland, Texas,
authorizing the conveyance of a special warranty deed to the Lower
Kirby Pearland Management District ("LKPMD") and the Pearland
Municipal Management District No. 1 ("PMMD No. 1") for the Kirby
Drive Detention Pond, and conveying a special warranty deed to the
LKPMD for the Hooper Road detention pond.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That certain special warranty deed attached hereto as Exhibit "A" and
made a part hereof for all purposes, is hereby conveyed to the LKPMD and PMMD No.
1.
Section 2. That certain special warranty deed attached hereto as Exhibit "B"
and made a part hereof for all purposes, is hereby conveyed to the LKPMD.
PASSED, APPROVED, AND ADOPTED this 19th day of December, A.D., 2016.
)• / L�O
TOM REID
MAYOR
ATTEST:
L-2 -1 ...,1, t
I Y SEC ETARY "
I,,,,,,,
APP OVED AS TO FORM:
- Cf-----______
DARRIN COKE
CITY ATTORNEY
SPECIAL WARRANTY DEED
(Detention Area)
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF HARRIS §
THAT,the CITY OF PEARLAND,TEXAS,a municipal body politic and corporate
("Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED, and by these
presents does GRANT, BARGAIN, SELL and CONVEY unto LOWER KIRBY
PEARLAND MANAGEMENT DISTRICT, a political subdivision of the State of Texas,
and PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 1, a political
subdivision of the State of Texas, their successors and assigns (collectively, "Grantees"),
all that certain real property situated in Harris County, Texas, containing 3.525 acres, as
more particularly described in Exhibit A attached hereto and incorporated herein for all
purposes, together with all rights, titles, and interests appurtenant thereto and
improvements situated thereon (collectively, the "Property").
This Special Warranty Deed and the conveyance hereinabove set forth are
executed by Grantor and accepted by Grantees subject to the terms, conditions and
provisions hereof and further subject to all easements,conditions,restrictions,covenants,
mineral or royalty interests, mineral reservations, surface waivers, utility conveyances,
liens, encumbrances, regulations or orders of municipal and/or other governmental
authorities, if any, or other matters of record in Harris County, Texas, to the extent the
same are validly existing and applicable to the Property (collectively, the "Permitted
Encumbrances"). Grantees acknowledge that the Permitted Encumbrances referenced
herein specifically include a reservation of 17.75 acre feet of regional detention volume in
the Property for the use and benefit of Kirby Drive, which is owned and maintained by
Grantor.
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereunto in anywise belonging, unto Grantees, their successors and
Kirby Detention Pond Deed Revised
Rev 090415
assigns, forever, and Grantor does hereby bind itself, its successors and assigns, to
WARRANT AND FOREVER DEFEND, all and singular the title to the Property unto
Grantees, their successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under Grantor, but not
otherwise, subject only to the Permitted Encumbrances.
Grantees' address is c/o Allen Boone Humphries Robinson LLP, 3200 Southwest
Freeway, Suite 2600, Houston, Texas 77027.
[Signature pages follow this page.]
Kirby Detention Pond Deed Revised -2-
EXECUTED this /9--/---4 day of De-te De-t 4 h e r , 2016.
GRANTOR:
CITY OF PEARLAND, TEXAS
lJ
B / .:
By:
Clay J. Pe..rson, City Manager
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the /0- day of
z 2016, by T Clay J. Pearson, City Manager of the CITY OF PEARLAND,
TEXAS, a municipal body politic and corporate, on behalf of said City.
,e),zzze4 J.
Notary Public, State of Texas
(NOTARY SEAL)
REBECCAA.BOWERY
NOTARY PUBLIC.STATE OF TEXAS
ititd. MY COMMISSION EXPIRES
ExpIroe:December 28.2018
Notary 101 01133751.9
628200 -3-
EXECUTED by Grantee on the date set forth in the acknowledgment below, but
AGREED to, ACCEPTED, and EFFECTIVE as of the date executed by Grantor.
GRANTEE:
LOWER KIRBY PEARLAND
MANAGEMENT DISTRICT
By: 1.1.4i4L
Name: cy`("`"1 ti NviVr\,..12
Title: ASS j ssa rri—V
A'rl EST:
By: Ae
Name: 9Th Q3 LOgMd iD
Title: aCierraq
THE STATE OF TEXAS §
COUNTY OF HARRIS §
T s instrument was acknowled,ed before me on the day
of OG ' 1^ , 2016, b T. . I0 ' -hand
(4,e1 • r v ' C.C' " • , of the Board of Directors of LOWER
KIRBY PEARLAND MANAGEMENT DISTRI " , a political subdivision of the State of
Texas, on behalf of said political subdivision.
(NOTARY SEAL) '
.L � 1.�.
–---- - -- Noti Public, State of Texas I • W
''' CHERYL MARIE PANOZZO
•' My Notary ID#129667868
V#'a, Expires January 8,2018
628200 -4-
PEARLAND MUNICIPAL
MANAGEMENT DISTRICT NO. 1
By:IT3,1L, • ( IL_
Name: T% v€ D. Ooz-e i
Title: res I dQ n \-
A'rl EST:
By: s - t/'- / -
Name: P1 b rt d.a.. h
Title: Sec r eta
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was ac no le• ed before me on the (3'- day of
'Ce , 016, by * ' ' • _ •2 , p-f eJr d rl'` , and
t' GE _‘ 4.13Waniff , of the Board of Directors of
PEARLAND MUNICIPAL MANAGEMENT D S 'RICT NO. 1, a political subdivision of
the State of Texas, on behalf of said political subdivision.
(NOTARY SEAL)
••' p°= CHERYL MARIE PANOZZO
'� ti= My Nry l0# tart' ublic, St 4 :6 Texas
z'.3t;�„�;i�• Expotaires January 8129667868 2018
Attachment:
Exhibit A-Description and Sketch of Property
After recording, please return to: Jeanette Harris
Allen Boone Humphries Robinson LLP
3200 Southwest Freeway,Suite 2600
Houston,Texas 77027
628200 -5-
EXHIBIT A September 22, 2016
Job No. 2209-0000.101
METES AND BOUNDS DESCRIPTION OF
3.525 ACRES
IN THE JAMES HAMILTON SURVEY, A-876
HARRIS COUNTY, TEXAS
All of that 3.525 acres of land, located in the James Hamilton Survey, A-876, Harris County, Texas, which is
all of the 3.525 acre tract described as Parcel 24 in the deed from LNR Clear Creek Spectrum Limited
Partnership to The City of Pearland, recorded under File No. Y173146, in the Official Public Records of Real
Property, Harris County, Texas, and out of Lot 41 1/2, 56 and 56 1/2, of the ALLISON RICHEY GULF COAST
HOMES SUBRUBAN SUBDIVISION, a subdivision of record in Volume 3, Page 40 of the Deed Records of
Harris County, Texas and more particularly described by metes and bounds as follows (bearings based on
Texas Coordinate System, South Central Zone, NAD83, 1993 adjustment):
BEGINNING at a 5/8" iron rod found for the northeast corner of said 3.525 acre tract, common to the southeast
corner of the 4.694 acre tract described as Parcel 23 in the deed from LNR Clear Creek Spectrum Limited
Partnership to The City of Pearland, recorded under File No. Y173146, in the Official Public Records of Real
Property, Harris County, Texas, in the west right-of-way line of Karalis Road (40' ROW)(unimproved)(also
known as Chris Street) recorded in Volume 3, Page 40 of the Deed Records of Harris County, Texas;
THENCE South 02° 11' 22" East — 759.71', along the east line of said 3.525 acre tract, common to the west
right-of-way line of said Karalis Road, to a 5/8" iron rod found for the southeast corner of said 3.525 acre tract,
in the northeast line of the 2.500 acre tract described in the deed from The Estate of Renee W. Zelman to
Susie M. Lorance, recorded under File No. X997828, in the Official Public Records of Real Property, Harris
County, Texas,
THENCE South 87° 25' 33" West - 202.00', along the south line of said 3.525 acre tract, common to the north
line of said 2.500 acre tract, to a 5/8" iron rod found for the southwest corner of said 3.525 acre tract, common
to the southeast corner of Lot 1, Block 1, of 14900 BLOCK OF KIRBY DR. AMERLUX KIRBY MINOR PLAT, a
subdivision of record under File No. 699142, in the Map Records of Harris County, Texas;
Page 1 of 2
1:\Projdsk1\SURVEY\2209\0000\LEGALS\3.525 acres detention tract.doc
September 22, 2015
Job No. 2209-0000.101
THENCE North 02° 11' 22" West — 760.71', along the west line of 3.525 acre tract, common to the east line of
said Lot 1 Block 1 and the east line of the 18.065 acre tract described as 'Tract 2" in the deed from LNR Clear
Creek Spectrum Limited Partnership to Spectrum 86 Partnership, L.P., recorded under File No. 20060169567,
in the Official Public Records of Real Property, Harris County, Texas, (at 467.10' passing a 5/8" iron rod found
for the northeast corner of said Lot 1, Block 1, common to the southeast corner of said 'Tract 2"), to a 5/8" iron
rod with cap stamped "LJA ENG" set for the northwest corner of said 3.525 acre tract, common to the
northeast corner said Tract 2, in the south line of aforesaid 4.694 acre tract;
THENCE North 87° 42' 34" East — 202.00 along the south line of said 4.694 acre tract, common to the north
line of said 3.525 acre tract, to the POINT OF BEGINNING of the herein described tract and containing 3.525
acres of land.
II / 1 / Z-1/ . °F
H l `des, RPLS,PLS, CFedS ��co", s RFp
Regi 7 -red Professional Land Surveyor � �
Texas Registration No. 5997 • HEAMER L SIDES •
5997 ' /
bA43.f ps' ,/
Page 2 of 2
I:\Projdskl\SURVEY\2209\00001LEGALS\3.525 acres detention tract.doc
LEGEND
—IF'— N1ONBANK OF Once
N.C.4.R. ,ARMS COUNTY MAP RECORDS
O.P.R.R.P. WPM COUNTY OPICK PUBLIC
l'?
RECORDS Or REAL PROPERTY
R.L.P. REa1FORCE0 CONCRETE PPE
T.R. a1oN Roo N
0 100 200
4i_I11mosi
IIMIIIIMINIIIIIMI
4.694 ACRE TRACT
PARCEL 23
tNR CLEAR CREEK SPECTRUM UNITED
PARTNERSHIP
TO POB
THE CITY OF PEARLAND ,ll, '11'
^ FILE NO.7173146, O.P.R.R.P. N IT E x.00' FND 5/B'I.R.
V '11'
1035.9' "'C1.1 L.
�t•N• ti+S cu VERT -
5o G��d� TRACTS 216TMRU SEANO 7
Y 41 1/2 ��' 41 1/2 _ — SOUTH FREEWAY-BELTUNE 8
—0-p LIMITED PARTNERSHIP AND
56 0 �Q�j. 56 - SOUTH FREEWAY-BELTUNE 8 12
,y _ UNITED PARTNERSHIP
TO•TRACT jO"- n .4... PEARLAND UFESTYLE CENTER. LP.
RESIDUE 18.065 ACRES FILE NO.Y326977, O.P.R.R.P.
7 LNR CLEAR CREEK SPECTRUM UNITED PARTNERSH� E si
i TO de IX i o
�IN""'
CC SPECTRUM 56 PARTNERS,LP. J $ E?
FILE NO. 20060169567. O.P.R.R.P. i _
I FWD 5/8" s ei R.
I.R.f 3.525 p g
ACRES = �j0 "
J8 RCP S
r 1
0 Lela 1
^ p c0
IN
5 ACRES
1,...-I is 4 < RUSSELL C.OALLEN.JR.
LOT 1 z
BLOCK 1 NANCY OAKS KIMBRELL
El FILE NO. 2016229672,O.P.R.R.P.
L.4 14900 BLOCK L MR DR. °
1@TOD PLAT _ N
FILE NO. 699142, H.C.M.R. 56 1/2
28'RCP . RCP 1.-..-4
C9
le L MT4
)7
FRO 5/8• S BMW'W 5/8• f
I.R. 2.500 ACRES I.R. f--'
THE ESTATE OF RENEE W. - W+�
ZELMAN
TO
SUSIE M.LORANCE
FILE NO. 0997828, H.C.C.F.
57 ";S
EXHIBIT OF
3.525 ACRE
DETENTION AREA
IN THE
-.iE aF JAMES HAMILTON
NOTE: /,h'� 1•"s,'r'tth'.. ` SURVEY, A.876
I) All bearings referenced to the texas HARRIS COUNTY, TEXAS
Coordinate System, South Central Zone, ...j...---rt...----..-L.` SEPTEMBER 2016 JOB NO. 2209-0000.101
NAD 83, 1993 Adjustment. HEATHER L SIDES
»..._99.»....»r» 114
r .Z.P, P , ,. 5997 ;f�1 r LJA isms&swE{np,Inc.
2) This exhibit must be printed ono '4 t$1J o� 29298narysrkD,F,e Phone 711953.5200
11 x 17 sire sheet to achieve the
Trie idea, RPLS, PUS, CFedS Sl Sults 600 Fax 113.9535025
correct scaling. T .•rstrotions No. 5997 r- Houston,Teas 77042 T.BP.L.S.Firm No.10110501
EYrp1r1W1EY\aRACOOe\ga\3.575 ACM OHS?,,•,a �/70.6
EXHIBIT A September 22, 2016
Job No. 2209-0000.101
METES AND BOUNDS DESCRIPTION OF
3.525 ACRES
IN THE JAMES HAMILTON SURVEY, A-876
HARRIS COUNTY, TEXAS
All of that 3.525 acres of land, located in the James Hamilton Survey, A-876, Harris County, Texas, which is
all of the 3.525 acre tract described as Parcel 24 in the deed from LNR Clear Creek Spectrum Limited
Partnership to The City of Pearland, recorded under File No. Y173146, in the Official Public Records of Real
Property, Harris County, Texas, and out of Lot 41 1/2, 56 and 56 1/2, of the ALLISON RICHEY GULF COAST
HOMES SUBRUBAN SUBDIVISION, a subdivision of record in Volume 3, Page 40 of the Deed Records of
Harris County, Texas and more particularly described by metes and bounds as follows (bearings based on
Texas Coordinate System, South Central Zone, NAD83, 1993 adjustment):
BEGINNING at a 5/8" iron rod found for the northeast corner of said 3.525 acre tract, common to the southeast
corner of the 4.694 acre tract described as Parcel 23 in the deed from LNR Clear Creek Spectrum Limited
Partnership to The City of Pearland, recorded under File No. Y173146, in the Official Public Records of Real
Property, Harris County, Texas, in the west right-of-way line of Karalis Road (40' ROW)(unimproved)(also
known as Chris Street) recorded in Volume 3, Page 40 of the Deed Records of Harris County, Texas;
THENCE South 02° 11' 22" East — 759.71', along the east line of said 3.525 acre tract, common to the west
right-of-way line of said Karalis Road, to a 5/8" iron rod found for the southeast corner of said 3.525 acre tract,
in the northeast line of the 2.500 acre tract described in the deed from The Estate of Renee W. Zelman to
Susie M. Lorance, recorded under File No. X997828, in the Official Public Records of Real Property, Harris
County, Texas,
THENCE South 87° 25' 33" West - 202.00', along the south line of said 3.525 acre tract, common to the north
line of said 2.500 acre tract, to a 5/8" iron rod found for the southwest corner of said 3.525 acre tract, common
to the southeast corner of Lot 1, Block 1, of 14900 BLOCK OF KIRBY DR. AMERLUX KIRBY MINOR PLAT, a
subdivision of record under File No. 699142, in the Map Records of Harris County, Texas;
Page 1 of 2
I:\Projdskl\SURVEY\2209\0000\LEGALS\3.525 acres detention tract.doc
September 22, 2015
Job No. 2209-0000.101
THENCE North 02° 11' 22" West — 760.71', along the west line of 3.525 acre tract, common to the east line of
said Lot 1 Block 1 and the east line of the 18.065 acre tract described as 'Tract 2" in the deed from LNR Clear
Creek Spectrum Limited Partnership to Spectrum 86 Partnership, L.P., recorded under File No. 20060169567,
in the Official Public Records of Real Property, Harris County, Texas, (at 467.10' passing a 5/8" iron rod found
for the northeast corner of said Lot 1, Block 1, common to the southeast corner of said 'Tract 2"), to a 5/8" iron
rod with cap stamped "LJA ENG" set for the northwest corner of said 3.525 acre tract, common to the
northeast corner said Tract 2, in the south line of aforesaid 4.694 acre tract;
THENCE North 87° 42' 34" East — 202.00 along the south line of said 4.694 acre tract, common to the north
line of said 3.525 acre tract, to the POINT OF BEGINNING of the herein described tract and containing 3.525
acres of land.
1
H %' 2"-f I1•P �gER
es, RPLS,PLS, CFedS r q- ti
Regi red Professional Land Surveyor
Texas Registration No. 5997 ' HEATHER L SIDES
4 5997 ., i
N�y4O O,es s�.
.
Page 2 of 2
I:\Projdskt\SURVEY\2209\0000\LEGALS\3.525 acres detention tract.doc
•
__.
LEGEND
T NICHB.ANK OF DrrCr1
N.C.Y.R. NARRIS COUNTY YAP RECORDS
O.P.R.R.P. HARRIS COUNTY OFFICIAL PUBLIC
RECORDS OF REAL PROPERTY
R.C.P. REINFORCED CONCRETE PIPE
I.R IRON ROD N
o 100 200
�E�
SIMIMEsmul
4.694 ACRE TRACT
PARCEL 23
LNR CLEAR CREEK SPECTRUM UNITED
PARTNERSHIP
TO I POB
THE CITY OF PEARLANO 11, ,II,
FILE NO.Y173146,O.P.R.R.P. GGG N BT42'34r E 404.00' FND 5/B- I.R.
Q ,C 7
p `- 1036.9' -
cc $ t„. `�Q> L CULVERT
CO �� CO \4y e' 122.823 ACRES
Y 41 1/2 Py,'1�1�G S��Sl��.c'`� 41 1/2 _ _ STRACTSOUTH FREEWAYU 5 AND BELTUNE7B
0,, . _ — — .1
UNITED PARTNERSHIP AND
56 `,��S��QG. F...:
5
6SOUTH FREEWAY-BELTLINE 8 /2
`` ,y = LIMITED PARTNERSHIP
- TO
TRACT �0� U.O.
_ PEARLAND LIFESTYLE CENTER, LP.
RESIDUE 18.065 ACRES N = _ d ALE NO. Y326977, O.P.R.R.P.
LNR CLEAR CREEK SPECTRUM UNITED PARTNERSHIP
1 TO ' LEa i o
SPECTRUM 86 PARTNERS, LP. � $
FILE NO. 20060169567, O.P.R.R.P. e^ _ g s I ,-
' FND 5/8' c g o 3m g
< I.R.1 3.525 z.:i - 5 g
\1i
NACRES = gs
38- RCP
rpS k y4 -
,kb JpY�,$" Q.
a n yQ Q- o - ��
�.1/4 _ I
12
M'R.1 I\� y YI o3 5 ACRES
i--ti h _ N Q� -, RUSSELL G. ALIEN, JR.
LOT 1 z _ 4t : TO
�1 BLOCK 1 e _- - J " E ALE NO. 0 6 29672, o.P R.R.P.
,J s 14900 BLOCK OF KIRBY DR.
►MERLUX KIRBY - QQ_
MINOR PLAT Y - �,/
FILE NO. 699142. H.C.M.R. S6 1/2
_ 28' RCP ,. ..1
124' RCP —
Cr e—
•
FND 5/6' S ST78'3J'W 202.Od --
FND 5/8' ,--`
I.R. 2.500 ACRES I.R.
THE ESTATE OF RENEE W. -
2ELMAN
TO
SUSIE M.LORANCE ..�
FILE NO. X997828, H.C.C.F. - -.,._I
57
EXHIBIT OF
3.525 ACRE
DETENTION AREA
IN THE
S.0 l JAMES HAMILTON
NOTE. �y� �i ye---. SURVEY, A•876
I) NI bearings referenced to the Teoos 7C HARRIS COUNTY, TEXAS
Coordinate System, South Central Zone, HEATHER L SIDES- . SEPTEMBER 2016 JOB N0. 2209-0000.101
NAD 83, 1993 Adjustment. N
t_' F14
o /` 1 5997 'r r WA Engineering,Inc..
2) This exhibit must be printed on a (_ ��y*O�Ees °� r 2929 BriamarA Drive Phone 713.953.5200
11 K 17 size sheet to achieve the 0 Ides, RPLS, PLS, CFedS �2 Suite 600
r Holston.Texas 77042 Fax N10110501
0J 0 26
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correct scaling. T e Istrotiona No. 5997 T.B.P.L.S.Firm Nao.f01f0501
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