R2020-223 2020-10-26RESOLUTION NO. 2020-223
A Resolution of the City Council of the City of Pearland, Texas, authorizing
the power of eminent domain to acquire a fee title to certain property for
the road right-of-way; being a tract or parcel containing 12 square feet of
land situated in the Thomas Green Survey, Abstract Number 290, Harris
County, Texas; being out of and a part of Reserve "C", RIVERSTONE
RANCH AT CLEAR CREEK, SECTION 5, a subdivision plat of record at Film
Code Number 677546, Harris County Map Records (H.C.M.R.); being out of
and a part of that certain called 346.718 acre tract of land conveyed to
Meritage Homes of Texas, LLC as described by deed recorded under Harris
County Clerk's File (H.C.C.F.) Number 20130470069, for the construction
and maintenance of public road 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 road right-of-way 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 road right-of-way 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 road improvements on certain real property
located in Harris County, Texas.
Section 2. The public convenience and necessity requires the acquisition of fee title
by donation, purchase, condemnation, or otherwise, of certain real property located within the
City and situated in Harris 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. 2020-223
PASSED and APPROVED on this the 26th day of October, A.D., 2020.
A ES
C STAL AN, TRMC, CMC
CITY SECRETARY
AP OVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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The approximate location of the acquisition is based on information obtained from the survey.
EXHIBIT
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profess100a4 sL1rvC-y0rs
METES AND BOUNDS DESCRIPTION
(12 SQUARE FEET)
THOMAS GREEN SURVEY, A-290
CITY OF PEARLAND
HARRIS COUNTY, TEXAS
Being a tract or parcel containing 12 square feet of land situated in the Thomas
Green Survey, Abstract Number 290, Harris County, Texas; being out of and a
part of Reserve "C", RIVERSTONE RANCH AT CLEAR CREEK, SECTION 5, a
subdivision plat of record at Film Code Number 677546, Harris County Map
Records (H.C.M.R.); being out of and a part of that certain called 346.718 acre
tract of land conveyed to Meritage Homes of Texas, LLC as described by deed
recorded under Harris County Clerk's File (H.C.C.F.) Number 20130470069; said
12 square foot tract being more particularly described as follows (bearings are
grid and referenced to the Texas State Plane Coordinate System, South Central
Zone 4204, NAD83(NA2011); distances are surface and may be converted to
grid multiplying by a combined scale factor of 0.999870):
COMMENCING at a 5l8 -inch iron rod found marking the most westerly corner of
a called 26.568 acre tract of land conveyed to Pasadena Independent School
District as described by deed recorded under H.C.C.F. Number 20120503078
and for an interior corner of Reserve "E", RIVERSTONE RANCH AT CLEAR
CREEK, SECTION 7, a subdivision plat of record at Film Code Number 681407,
H.C.M.R.; said iron rod having grid coordinates of N=13,773,327.65 feet and
E=3 ;161,494.79 feet;
THENCE, South 48°20'57" East, along the southwesterly line of said 26.568 acre
tract and the most easterly northeast line of said Reserve "E", at 83.14 feet
passing a 518 -inch iron rod with cap stamped "LJA ENGINEERING" found on the
curved northerly R.O.W. line of Highland Meadows Drive (60 feet wide) and
marking the most easterly corner of said Reserve "E", continuing in all for a total
distance of 109.91 feet to a 518 -inch iron rod with cap stamped "BOUNDARY
ONE-RPLS 5489" set marking the most westerly corner of the aforesaid Reserve
"C" and for the POINT OF BEGINNING of the herein described tract;
_51
METES AND BOUNDS DESCRIPTION
12 SQ, FT.
PAGE 2OF2
THENCE, South 48020'57" East, continuing along the common fine of said
Reserve "C" and said 26.568 acre tract, a distance of 28.38 feet to a 518 -inch iron
rod with cap stamped "BOUNDARY ONE-RPLS 5489" set on the curved R.O.W.
line of a proposed 50 -foot wide road;
THENCE, Southeasterly, departing said common line and over and across said
Reserve "C", an arc distance of 6.87 feet along a curve to the left, having a
radius of 25.00 feet, a central angle of 15°44'05", and a chord which bears South
351130'59" East, 6.84 feet to a 518 -inch iron rod with cap stamped "BOUNDARY
ONE-RPLS 5489" set on the aforesaid curved northeasterly R.O.W. line of
Highland Meadows Drive and marking the most easterly corner of the herein
described tract;
THENCE, Northwesterly, along said curved R.O.W. line, an arc distance of 35.10
feet along a curve to the left, having a radius of 405.00 feet, a central angle of
04°57'55", and a chord which bears North 45°52'01" West, 35.09 feet to the
POINT OF BEGINNING and containing 12 square feet of land. This description
is based upon the Standard Land Survey and Parcel Map of 12 square feet
prepared by Boundary One, LLC and dated July 16, 2020. Boundary One
Project Number 1851-2028-615M.
Compiled by: Christian Offenburger, R.P.L.S.
Boundary One Surveyors, L,L.C.
150 W. Shadowbend Ave., Suite 304
Friendswood, TX 77546
(281)648-3131
(281)648-3737 FAX
July 16, 2020
Revised: August 7, 2020
Parcel 2_mb 12 SQ FT.docx
- L 0 T 2 4 / 01 401 60'
RESERVE "E" — ` _ f�r_FND "X" IN CONCRETE(CM)
W01STOW RANCH AT CLEAR CREEK SCALE. 1"
FILM CODE NNO
SM
81 07 H.C.M.R.;�/� LOT 94 EXHIBIT
AWSON RICHEY GULF COAST HOLE ,
�o. % P.O.C. COMPANY PART OF SUBURBAN GARDENS
FND 5/8" IR(CM) SECTION G
N=131773,327.65 VOL. 4, PG. 48 H.C.M.R.
k! E=3,161,494.79
CALLED 26.568 ACRES Jai
GREEN SHADOWS CORPORATION
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PASADENA INDEPENDENT SCHOOL DISTRICT �
\ H.C.C.F. NO. 20120503078
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FND 5/8" IR W/CAP
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CITY OF PEARLAND /�/� ti ��A
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RNERSTONE RANCH RESERVE "
AT CLEAR CREEK y\
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\ \ FILM CODE NO. 677546 H.C.M-R.
LOT 1 3\ �
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A STANU4RDLAND SURVEY OF
12 SQUARE FEET (SQ. FT.) OF LAND OUT OF
\ RESERVE "C", RIVERSTONE RANCH AT
CLEAR CREEK, SECTION 5
FILM CODE NO. 677546 H. C. M. R.
SOUTHWESTERLY UNE OF THOMAS GREEN SURVEY, A-290
C? CALLED 26.568 ACRES CITY OF PEARLAND, HARRIS COUNTY, TENAS
ED DM
CITYQ PEARLAND
/Y hni inHnry
1111 A-11---
- Iltl1�A1'n
CURVE
CURVE RADIUS DELTA ARC CHO BRG CHORD
C1 25.00' 15'44'05" 6.87' S 35'30'59" E 6.84'
C�24055.000' 04'57'55" 35.10' N 45'52'01 " W 35.09'
i�
LINI BEARING DIST
L1 4S 482057" E 28.39'
NOTES:
0' '0' 40' 60'
SCALE. 1" = 20'
1.)This survey was performed without benefit of a title commitment.
Easements and restrictions may exist which are not shown hereon; no
additional research regarding the existence of easements or
restrictions of record has been performed by Boundary One, L.L.C.
2.)Bearings and coordinates shown hereon are grid and oriented to the
Texas State Plane Coordinate System of 1983, South Central Zone 4204,
NAD83(NA2011). Distances shown hereon are surface and may be brought to
grid by applying a Combined Scale Factor of 0.999870.
)There exists a second part t0 this survey, being a Metes and Bounds
description for the subject tract.
To: City of Pearland;
I hereby certify that this plat correctly
represents a survey made on the ground
under my supervision on July 16, 2020
and that said survey substantially complies
with the current Texas Society of
Professional Surveyors Standards for Land
Surveys for a Category 1B, Condition II
Standard Land Survey.
CHRISTIAN OFFENBURGER
5489
Christian Van Of r 94,
4,0,
'I
Registered Professional La veyor 6 S RV
Texas Registration No. Xf
1�
REVISION BLOCK:
A REVISED CURVE RETURN RADII FOR PROPOSED ROAD 8/7/2D
A STANDARD LAND SURVEY OF
12 SQUARE FEET (SO. FT.) OF LAND OUT OF
B.L.euu.o�Nc LINE ^ RESERVE "C", RNERSTONE RANCH AT
c. /�
(CM) CONTROL MONUMENT CLEAR `iREEK, SECTION 5
F.C. FILM CODE RL.M,,CODE NO. 6775�4�6y H.C.M� R
FND FOUND
H.C.C.F. HAWS COUNTY CLERK'S FILE THOMAS GREEN SURVEY, +At■ -290 �/� �+
H.C.D.R. HARRIS COUNTY DEED RECORDS CffY OF PEARLAND, HARRIS COUNTY, TEPA
H.C. M.R. HARRIS COUNTY PLAT RECORDS
IRON PIPE
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MilMANHOLE h n i n ri a r�r CITY OF PEARLAND ENGINEERING
o n e onWT n, Wr_lniur. iuAMTUnh[ k❑ t Arnl IlortIr o 17A\IAnCo
RESOLUTION NO. R2020-101
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into a Development Agreement with
Meritage Homes Co. and the Riverstone Ranch at Clear Creek Homeowners
Association, Inc., for the satisfaction of required public access to a section of
the Riverstone Ranch Development (generally located along Clear Creek
between Hughes Road and the Green Tee development).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Development Agreement, a copy of which is attached hereto as
Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest a Development Agreement
PASSED, APPROVED and ADOPTED this the 181^ day of May. A.D;7,
d�
TOM REID
MAYOR
ATT ST
C TAL ROAN, TRMC. CMC
CITY SECRETARY
APPROVED AS TO FORM
DARRIN M COKER
CITY ATTORNEY
DEVELOPMENT AGREEMENT
(EXHIBIT A TO RESOLUTION R-2020-101)
This Development Agreement (this "Agreement") is entered into this -4",day of
, 2020, by and between the CITY OF PEARLAND, TEXAS,
(hereina er "City"), MERITAGE HOMES OF TEXAS, LLC, an Arizona limited liability
company (hereinafter "Developer"), and RIVERSTONE RANCH AT CLEAR CREEK
HOMEOWNERS ASSN., INC., a Texas non-profit corporation (the "HOA").
WHEREAS, The HOA owns certain vacant property described as (i) Reserve "E" of
Riverstone Ranch at Clear Creek Section 7, a subdivision in Harris County, Texas
according to the plat thereof recorded under Film Code No. 681407 in the Office of
the County Clerk of Harris County, Texas, and (ii) Reserve "C" of Riverstone, Ranch at
Clark Creek, Section 5, a subdivision in Harris County, Texas according to the plat
there recorded under Film Code No. 677546 in the Office of the County Clerk of Harris
County, Texas (collectively, the "HOA Property"); and
WHEREAS, Pasadena Independent School District ("PISD") owns certain real property
within the Riverstone Ranch Development described on Exhibit "A" attached hereto
(the "PISD Property"); and
WHEREAS, PISD and Developer have determined that it would be in their best
interests to have Developer acquire the PISD Property to address development
concerns in the Riverstone Ranch Development; and
WHEREAS, in order to facilitate the transaction, additional public right-of-way located
within the HOA Property will be required for access to the PISD Property in the
location shown on Exhibit "B" attached hereto (the "ROW"); and
WHEREAS, the HOA owns the ROW and has no objection to the City acquiring the
ROW and desires to cooperate with the City's efforts to acquire the ROW for use as a
road access to the PISD Property; and
WHEREAS, Developer will be required to develop the additional right-of-way to serve
the Riverstone Ranch Development (hereinafter "Improvements"), and to dedicate
said Improvements to the City for operation and maintenance; and
WHEREAS, Developer has agreed to pay all costs associated with City's acquisition of
the ROW; and
WHEREAS, City and Developer desire an agreement to set forth their respective
responsibilities with regard to providing the Improvements described herein.
NOW THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration the receipt and sufficiency of which is hereby acknowledged,
it is hereby agreed as follows:
1. Required ROW Acquisition:
a. Identification of ROW. The ROW to be acquired for the Improvements is
as depicted on Exhibit "B" attached hereto. Developer shall retain a
surveyor approved by the City to survey the ROW and prepare the
property description and parcel map needed to acquire the ROW.
b. Acquisition. Upon receipt of all information needed to obtain the ROW,
the City shall diligently pursue the acquisition of the ROW following its
normal right-of-way acquisition process (including the use of eminent
domain in what will be a "friendly" condemnation process). The City
will regularly communicate with the Developer and its engineer on the
status of the acquisition process. The HOA consents to the acquisition
of the ROW by the City, agrees to support such acquisition, and agrees
not to oppose such acquisition in any way.
c. Payment for ROW Acquisition. Prior to the City's initiation of the ROW
acquisition process, Developer shall pay all reasonable estimated third -
party costs for the ROW acquisition, including, but riot limited to
surveying, engineering, right-of-way consultant, legal and
compensation to property owners ("Estimated Costs") as shown on
Exhibit "C" attached hereto. Prior to initiation of the ROW acquisition
process, Developer shall make a deposit with the City equal to 125% of
the Estimated Costs ("Developer's Deposit"). The City may draw on the
Developer's Deposit, as necessary, to pay the ROW acquisition costs.
The City shall maintain records of the actual costs for the ROW
acquisition process. Developer recognizes that the Estimated Costs
represent a good -faith estimate of the ROW acquisition costs and that
the actual costs for the ROW could be greater than the Developer's
Deposit. In the event withdrawals of Developer's Deposit cause the
balance to drop to 10% of the initial fund balance, Developer shall make
an additional deposit, within three (3) business days, sufficient to
complete the ROW acquisition process ("Additional Developer's
Deposit"). In the event the actual costs of the ROW acquisition process
are less than the Developer's Deposit and any Developer's Additional
Deposit, City shall reimburse the difference between the actual costs
and the remaining funds deposited by Developer no laterthan thirty (30)
days following City's acquisition and recordation of the deed or Court
2. The initial term of this Agreement shall be for a period of 180 days
commen ing on the -W'-day of_�(_�_-}___, 2020, and terminating on the a�
day of air 2020, provided, V�owever, that this Agreement shall be
automatically renewed in one (1) month increments until all of the obligations
of the parties hereunder have been fully discharged or specifically waived in
writing by the beneficiary thereof.
3. This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
4. No assignment by a party hereto of any rights under or interests in this
Agreement will be binding on another party hereto without the written consent
of the party sought to be bound; and specifically but without limitation
moneys that may become due and moneys that are due may not be assigned
without such consent (except to the extent that the effect of this restriction
may be limited by law), and unless specifically stated to the contrary in any
written consent to an assignment no assignment will release or discharge the
assignor from any duty or responsibility under this Agreement.
5. Nothing herein is intended to supersede or waive any City ordinance or
regulation pertaining to such construction.
6. Whenever possible, each provision of this Agreement shall be interpreted in
such manner as to be effective and valid under applicable law, but if any
provision of this Agreement is prohibitive or invalid under applicable law, such
provision shall be ineffective to the extent of such provision or invalidity,
without invalidating the remainder of such provision or the remaining
provisions of this Agreement.
This Agreement shall be construed and enforced in accordance with and
governed by the laws of the State of Texas.
8. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
9. DEVELOPER SHALL KEEP AND HOLD HARMLESS THE CITY, ITS OFFICERS,
AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL
COST, LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND
HOWSOEVER CAUSED, INCLUDING ATTORNEYS' FEES, CLAIMED OR
RECOVERED BY ANYONE BY REASON OF INJURY TO ANY PERSON OR
PROPERTY CAUSED BY OR RESULTING FROM THE CITY'S ACQUISITION OF
ROW, UNLESS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE
CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS.
be filed in Brazoria County Texas.
11. All notices which are required or may be given pursuant to this Agreement
shall be in writing and shall he sufficient if delivered personally or by first class
mail, postage prepaid, return receipt requested, or by a nationally recognized
courier, to the parties and their attorneys at the addresses set out below or
such other addresses as the parties ortheir attorneys may hereafter notify one
another:
If to City: City of Pearland
Attn: Trent Epperson
3519 Liberty Drive
Pearland, TX 77581
If to Developer: Meritage Homes of Texas, LLC
3250 Briarpark Drive, Suite 100
Houston, Texas 77042
If to the HOA: Riverstone Ranch at Clear Creek
Homeowners Association, Inc.
3250 Briarpark Drive, Suite 100
Houston, Texas 77042
Notice delivered in accordance with the terms hereof shall be effective upon
receipt.
In witness whereof, the parties have hereunto set their hands and signatures on the
date first above mentioned.
MERITAGE HOMES OF TEXAS, LLC,
an Arizona limited liability company
By:
David Jordan, Sr. VicE. resident of Land
CITY OF PEARLAND,
a Texas municipal corporation
By:_ _
Clay Pearson,
City Manager
RIVERSTONE RANCH AT CLEAR CREEK
HOMEOWNERS ASSN., INC.,
a Texas non-profit corporation
By: e
Its:
CITY OF PEARLAND,
a Texas municipal corporation
By:
fn
_/r
Cla ears City Manag
RIVERSTONE RANCH AT CLEAR CREEK
HOMEOWNERS ASSN., INC.,
a Texas non-profit corporation
By;
Its:
EXHIBIT "A"
The PTSD Property
[See attached]
ON
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_ WHOM oarRCT
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EXHIBIT "B"
The ROW
RAERSTONE RANCH
.. SEMON \ /
yam.
RrvERsravE RANCH , \ `.
SECTION S \
APPROXIMATELY
10 SOFT
RATRSTONE RANCH SECTION 7
RESERVE E
12 SOFT \\
RNERSTONE RANCH S£CTbN 5
RFSFRVF C
EXHVr C'
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EXHIBIT "C"
Estimated Costs of ROW Acquisition
[See attached]
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Tel: 281.652.1794
pearlandtxgov
Meritage Homes of Texas, LLC
3250 Briarpark Drive, Suite 100
Houston, Texas 77042
To whom it may concern:
The Estimated cost represent a good -faith estimate of the Right -of -Way acquisitioncost pursuant
to the development agreement by and between the City of Pearland and Meritage Fomes of
Texas, LCC.
Surveying
Appraisal
Acquisition
Condemnation
Land Value
Estimated total ROW acquisition cost =
I appreciate your cooperation and courtesy with respect to this matter.
Sincerely,
Anthony Vu
Acquisition Manger
City of Pearland
$1,500.00
$3,000.00
$3,500.00
$15,000.00
$4,500.00
$27,500.00