R2020-153 2020-08-24RESOLUTION NO. 2020-153
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
power of eminent domain to acquire a water utility easement to certain
property for the Surface Water Plant Project; being a 0.4158 acre (18,114 square
feet) parcel of land situated in the H.T.&B.R.R. CO Survey, Section 81, Abstract 300, in
Brazoria County, Texas, and being out of Lot 5, Block 1 of Kirby Crossing Section Two,
Replat No. 1, as recorded under Plat Number 2017028035 of the Brazoria County Map
Records (B.C.M.R.), also being out of Tract 1, as described in special warranty deed to
COLE AH PEARLAND TX, LLC, and recorded under Brazoria County Clerk's File
(B.C.C.F.) No 2018051077, , of the Official Public Records of Brazoria County,
Texas, for the construction and maintenance of water 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 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 water 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 a water utility 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 water utility improvements on certain real property located in
Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition of a water
utility 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" and "B",
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 interest, described in Exhibits "A" and "B", either by donation, purchase or the exercise of
the power of eminent domain.
RESOLUTION NO. 2020-153
PASSED and APPROVED on this the 24th day of August, A.D., 2020.
'L■N
CRWTAL ROAN, TRMC, CMC
CIT SECRETARY
A OVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
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EXHIBIT
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County: Brazoria
Description: Water Line Access Easement
Acreage: 0.4158
Property Description
January 29, 2020
Job No. 224701873
Page 1 of 2
Being a 0.4158 acre (18,114 square feet) parcel of land situated in the H.T.&B. R,R. CO. Survey,
Section 81, Abstract 300, in Brazoria County, Texas, and being out of Lot 5, Block 1 of Kirby
Crossing Section Two, Replat No. 1, as recorded under Plat Number 2017028035 of the Brazoria
County Map Records (B.C.M.R.), also being out of Tract 1, as described in special warranty
deed to COLE AH PEARLAND TX, LLC, and recorded under Brazoria County Clerk's Pile
(B,C,C.F.) No, 20I8051077, said 0.4158 acre parcel being more particularly described by metes
and bounds as follows:
COMMENCING at "X" cut found in concrete having a grid coordinates of N=13,767,144.35`
and E-1,113,372.49', marking the Northwest corner of a cut-back at the intersection of the South
right-of-way line of Broadway Street (called 120 feet wide), as recorded under Plat No.
200900624 of the B.C.M.R., and the Vilest right-of-way line of Kirby Dave (width varies), as
recorded under B.C.C.F. No. 2007005586, and under Plat No. 2007008914 of the B.C.M,R., also
being the Northerly Northeast comer of Lot 1, Bock I of the First Amending Plat of Kirby
Crossing Section One, as recorded under Plat No. 2012041370 of the B.C,M.R., thence as
follows-.
South 86°49'08" West, along the South right -o# -way line of said Broadway Street, the North
line of said Kirby Crossing Section One and Kirby Crossing Section Two, a distance of
817.83 feet to the Northwest corner and the P014NT OF BEGINNING of the herein described
parcel, having grid coordinates of N=13,767,098.97' and E=3,112,556.03';
1.) THENCE, South 03'16'34" East, through and across said Lot 5, Block I of Kirby Crossing
Section Two, a distance of 905.69 feet to a point for corner on the North line of Restricted
Reserve "A", Restricted to Detention of said Kirby Crossing Section Two;
2.) THENCE, South 86°43'35" West, along the South line of said Lot 5, Block l of Kirby
Crossing Section Two, and the North line of said Restricted Reserve "A", a distance of 20,00
feet to a 518 -inch iron rad with cap stamped "LJA" found on the East line of the Lot 1, Block
1 of Alvin Independent School District, High School #3, as recorded under Plat No.
2013051008 of the B.C.M.R., marking the Southwest corner of said Lot 5, and the Northwest
corner of said Restricted Reserve "A" of Kirby Crossing Section Two, also being the
Southwest corner of the herein described parcel;
January 29, 2020
Job No. 224701873
Page 2 of 2
EXHIBIT
3.) THENCE, North 03°16'34" West, along, the East line of said Lot 1, Block 1 of Alvin
Independent School District and the West line of said Lot 5, Block 1 of Kirby Crossing
Section Two, a distance of 905.72 feet to 518 -inch iron rod found on the South right-of-way
line of said Broadway Street, marking the Northeast comer of said Lot 1, Block 1 of Alvin
Independent School District and the Northwest carrier of said Lot 5, Block 1 of Kirby
Crossing Section Two;
4.) THENCE, North 861149'08" East, along the South right-of-way line of said Broadway Street,
and the North line of said Lot 5, Block 1 of Kirby Crossing Section Two, a distance of 20.00
feet to the POINT QF BEGINNING, containing an area of 0.4158 acres (18,114 square feet)
of land.
All bearings and coordinates are based on the, Texas State Plane Coordinate System, South
Central Zone, North American Datum of 1983. All distances and coordinates shown are surface
with a combined scale factor of 0.999870017.
A survey reap of even date was prepared in conjunction with this property description.
GLEN .R FREE
Glen 11, Freeland Date Vo "parvo'
5758
Registered Professional Land Surveyor No. 5758 r�'y .....
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910 Louisiana Street, Suite 2600
Houston, Texas 77002
713-212-0011
TBPLS # 10194227
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GENERALNQTES
1. THE SURVEYOR HIS NCT ABSMACTED THE
SUBJECT PROPERTY.
2, IS SURVEY WAS PREPARED YATHOur THE
ME EFIT OF A CURRENT IITLF CWUlih tNr
ANT) NAY NOT SHOW ALL ENCUWWANCa'S.
TO l%E SITE
3. nW!NGS SHOriH HEREON ARE BASED ON
TEXAS STATE COORDINATE SYSTEM OF
1983 SOUTH CENTRAL ZONE, CCNBINED
50AIZ FACTOR:OAMEB70017
4, A METES AND BOUNDS DESCRIPTION OF
EYt71 DATE WAS PREPARED IN
CONJJNCTCN MTH THIS SURVEY MAP.
LEGEND
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(IIl NOTED)
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Add a INAW or CONIIDICm.
(W- XKA' OEFD OR PUT CALL
WATER USE EAS9@iT
I HERESY CERTPY THAT WS SUR'JEY WAS 4AOE
ON THE GROUND UNDER MY SUPc'R11SICN A.ND
THAT THIS REPRz5ENT5 THE FACTS AS K^hhP
AT THE TUi.E OF THE SURVEY.
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GLEN H. FPM--Ai'D
FEC:STtRED FROF£SSONAL EA.4 SJMfflR
STATE OF TEXAS REGSIRATI.ON NO, 4758