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R2020-222 2020-10-26RESOLUTION NO. 2020-222 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; a tract or parcel containing 10 square feet of land situated in the Thomas Green Survey, Abstract Number 290, Harris County, Texas; being out of and a part of Reserve "E", RIVERSTONE RANCH AT CLEAR CREEK, SECTION 7, a subdivision plat of record at Film Code Number 681407, 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 , of the Official Public Records of Brazoria County, Texas, 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. 2020-222 PASSED and APPROVED on this the 26t'' day of October, A.D., 2020. t TOM REID MAYOR C�YSTA-CROAN, TRMC, CMC CITY SECRETARY APP OVED AS TO FORM: _ 6r� DARRIN M. COKER CITY ATTORNEY : 1 �r 1 Fir 1, i . �� f y .�IV ON OF '— l_ i d'IF 44 afb Y`'i ZRIN IN No s 0 i OFF. 44 Nit m I IF jy I P C s I ! .Fmay..♦ IF t�1 1 4 I fi ('t\ 1�`l, tip! �, •ti' 'N•• t �' 7 r 1.`♦ .i.,. m s (dtN �d+ b ii' - (.... IR f\ ff h /, t�' 1 +V +lti\ •� . '+.too ? N t'/•'. l ` ' of �I � IF iIF FRI IN IF OFF OF n p c.If n'» 11 I 1 , N 5. 11 gw Life,tulheran CE�1 iFIN1FNOR. t I. IF p k •1 ,�! SITE �. •S�iFT�OF }. OOA !/. 1I!I�s�. •�, �t r ,\ 'I' /�it \INoFr rr'•ti y`�` •r y!•. i olk ItIt it I Its. •' 1 r9��,r�tiOF .)t� .1 ,11 -I IF yto Now d ,•y IT 1t4wr y -r —a;r�G f ( `tiry 1 OF 614 I u �i IikIO, (rOF '�r�• 1I FIN IOF -Fill p y•+ J' S1 7 q I ., _--- ` ILA•. 1 �L LIP OF -WrOv 4cc3�y OF C G It .1 I�1' �. it ?tf 11i3R - , ' 1+t 4 l w l¢44•'J;J.1'1 ._ I •R•r.. ��or A I r SIIaH r u , ' 1• �- ♦ 111t �IF' a .,'�OF ,iIF s . Wf \� NoNoNoNoNoN No o 0. Owt kRl 1 OF P.r�IN Now IF FOR,�(�hh . � -��I.� )�-.�1-I I �- ' -f 1� �X : Not � •�,�! ♦ C '• `No No No No No No +. f I`'� \� .1 //. `RC!3 J(`�1 , G " t , 4 I ! I i ` •i sKr \t Al !OF ®' `y ' !� r 'F r GJ ��Irl'1 rh� 1 1I �It �* > I r^1 IF Ow I�'Ow op ui II.1. :� i'. Ell IF 1� u'..1 �i �] ��' - ,\ .•2mi'I0 r% 1 part to be Acquired Part to be Acquired The approximate location of the acquisition is based on information obtained from the survey. boundary `y: professlonil surveyors ""� METES AND BOUNDS DESCRiPTI(JN (10 SQUARE FEET) THOMAS GREEN SURVEY, A-290 CITY OF PEARLAND HARRIS COUNTY, TEXAS Being a tract or parcel containing 10 square feet of land situated in the Thomas Green Survey, Abstract Number 290, Harris County, Texas; being out of and a part of Reserve "E", RIVERSTONE RANCH AT CLEAR CREEK, SECTION 7, a subdivision plat of record at Film Code Number 681407, 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 10 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 5/8-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 said Reserve "E"; said iron rod having grid coordinates of N=13,773,327,65 feet and E=3,161,494.79 feet; THENCE, South 48°20'S7" East, along the southwesterly line of said 26.568 acre tract and the most easterly northeast line of said Reserve , a distance of 55.42 feet to a 5/8-inch iron rod with cap stamped "BOUNDARY ONE-RPLS 5489" set on the curved R.Q.W. line of a proposed 50400t wide road and marking the POINT OF BEGINNING of the herein described tract; THENCE, South 48°20'57" East, continuing along said common Tine, a distance of 27.72 feet to a 5/8-inch iron rod with cap stamped "LJA ENGINEERING" found on the curved northerly R.Q.W. line of Highland Meadows Drive (60 feet wide) and marking the most easterly corner of said Reserve "E" and the herein described tract; 150 W. Shadowbend Avenue, Suite #304 � �'riendswood, TX 77546 phone 281.648.3131 I fax 281.648.3737 j e-mail ci�ristianca?boundar one.com I tD.P.L.S. F irm No. 10084800 boundary professional surveyors fir` METES AND BOUNDS DESCRIPTION 10 SQ. FT. PAGE2OF2 THENCE, Northwesterly, deparking said common line and along said northeasterly R.O.W. line, an arc distance of 34.11 feet along a curve to the left, having a radius of 430.00 feet, a central angle of 04032'41", and a chord which bears North 50037'19" West, 34.10 feet to a 5184ch iron rod with cap stamped 'BOUNDARY ONE-RPLS 5489" set marking the most westerly corner of the herein described tract; THENCE, Southeasterly, over and across said Reserve "E" and along said proposed curved R.O.W. line, an arc distance of 6.52 feet along a curve to the left, having a radius of 25.00 feet, a central angle of 141'55'66", and a chord which bears South 60021'35" East, 6.50 feet to the POINT OF BEGINNING and containing 10 square feet of land. This description is based upon the Standard Land Survey and Parcel Map of 10 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 t281)648�3131 (281)648-3737 FAX July 16, 2020 Revised. August 7, 2020 Parcel 1_mb 10 SQ FT.docx 150 W. Shadowbend Avenue, Suite #304 (Friendswood, TX 77546 phone 281.64fi.3131 (fax 2�31.648.3737 � e-maiE christianC�boundaryone.cern I Q. P. L. S. Firm No. 10084800 � � I CLJRVE RADIUS DELTA ARC COD DRG CHORD Cl 430.00' 04'32'41" 34.11' N 50'37'19" W 3400' G2 25.00' 14'S5'56" 6.52' S 60'21'35" E 6.50' r / a LANE TABLE: // LINE BEARING DIST L 0 T 2 4 / L1 S 4W20957" E 27.72' / ExHIBIT SCALE: 1 " b vw �4? SOUTHW 4 CALLED 26.568 ACRES — —, FND "X" IN CDNCRE(CM) I � e �`• �� u W r` 1 / DETAIL "A" / SCALE, 1" = 10' RESERVE "E" RIVERST4NE RANCH AT CLEAR CREEK / LOT 94 FILM CODE NO ON 7 H.C.M.R. ti / ALLISON RICHEYY GULF COAST HOME / COMPANY PART OF SUBURBAN GARDENS �° /0 FNmIR(CM} SECTION n(;* f VOL. 41 PG, 4B H.C.M.R. N 13,773,327.65 3,161,494.79 CALLED 26.568 ACRES GREEN SHADOWS CORPORATION TO tot PASADENA INDEPENDENT SCHOOL DISTRICT 80i H,C,C.F. NO, 20120503078 s� % "Sur �3 ` 00 CITY OF PEARLAND �GPS BENCHMARK N0. inn END BRONZE DISK AT�~` _. WATER WELL NO, 3 040 o40 �G&A tip, el & cl �j FND 5 f 8" IR Y�/CAP "LJA ENG"(CM) oQy�. (PARCEL �) A STANL�ARL] LAND SURVEY OF 10 SQUARE' FEEL' (SQ. FT.) OF LAND OUT OF RESERVE T , RIVERS7ONE' RANCH AT CLEAR CREEK, SEC77ON 7 FILM CODE NO, 681407 H" C, M. R. 7HOMAS GREEN SURVEY, A-290 CITY OF PEARLANDo HARRIS COUNTY, TEXAS SM F ,,�JJ CITY OF PEARLAND ENGINEERING o U n d a ry ANTHONY VU, ACQUISITIONS MANAGER professional surveyors 2559 HILLHOUSE RD. T.O.P. E.l.e, f:MNe.iN618N PEARLAND, TX 77584 ,pQW.8ytffm% o f AvA., 8 u9i 3 N fihn&wvvd,?% r r618 u{281} 652-1794 orpll)ma r r«�ee,�eaamn DRAWN 8Y; ATS/C1Y BATE: 7-16-2020 PROJECT NO: 1851-2028 APPRQVED BY: CVO SCALE: 1" � 2Q' SHEET 1 QF 2 M NOTES; 1.)This survey was performed without benefit of a title commitment. Easements and restrictions may exist Which are not shoran 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 cocrdinates shown hereon are grid and oriented to the Texas State Plane Coordinate System of 1953, South Central Zone 4204, NA083(NA2011), Distances shown hereon are surface and may be brought to grid by applying a Combined scale Factor of 0,999870, 3,)There exists a second part to this survey, being a Metes and Bounds description for the subject tract. To; City of Peariand; T hereby certifiy 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 18, Condition II Standard Land Survey, Christian Van Offenbur Registered Professiona Texas Registration No, CHRISTIAN OFFENBURGER 548ZI y �� itRBI or l 1 1�o e A98REVIATIONS; B.L. OUILDWG LINE (CM) CONTROL MONUMENT F.C. FILM CODE END FOUND H.C.C.F, HARRIS COUNTY CLERKS FILE H.C.D.R. HARRIS COUNTY DEED RECORDS H,C.M.R, HARRIS COUNTY PLAT RECORDS IP IRON PIPE 1R IRON ROD P.D.B. POINT OF BEGINNING P.O,C, POINT OF COMMENCING R.O.W. RIGHT—OF—WAY "SEr" SET 5/8° IR W/CAP srAMPF.D "BOUNDARY ONE—RPLS 5489It T.B.?.E.L,S. TEXAS BOARD OF PROFESSIONAL ENGINEERING AND LAND SURVEYING U.E. UTILITY EASEMENT W.S.E. WATER AND SEWER EASEMENT REv�sia� s�ocE�: �1 REVISED CURVE RETURN RAdll FOR PROPOSED ROAD 8/7/2Q PARCEL 1) A STAN D LAND 5URVEY OF 1 SQUARE FEET (SO. FT.) OF LAND OUT OF RESERVE V,, RIVERSTONE RANCH AT CLEAR CREEK, SECTION 7 FILM CODE N09 681407 H.C.M.R. THOMAS GREEN SURVEY, A-290 CITY OF PEARLAND, HARRIS COUNTY, TEXAS ntAnr (it I CITY OF PEARLAND ENGINEERING U U c�I ANTHONY VU, ACQUI51T10NS MANAGER professional surveyors 2559 HILLHOUSE RD. PEARLAND, TX 77584 f dlB Mnd Are.,6n9. 7.4 RIfPiiwced, T1C775i! ena Re3p 11644e.iea(281) 552•-1794f]t 7>tiitett 6l[a117 DRAWN BY: ATS/CW DATE: 7-16-2020 SCALE: 1" � 20' PROJECT N0: 1851-2026 SHEET 2 OF 2 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 Heritage 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 Developr��ent Agreement, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all p�rrposes, 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 18"' day of May, A,D., �42tJ, 1 fly TOM REID MAYOR ATTEST: C TAL OAN, TRMC, CIVIC = `: CITY SECRETARY - ; to mot 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 44* d of --�.-- Y a 2020, by and between the CITY OF PEARLAND, TEXAS, (hereina er "City"), MERITAGE HOMES OFTEXAS, 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 reel property within the Riverstone Ranch Development described on Exhibit attached hereto the "PISD Property"); and WHEREAS" PISD and Developer have determined that it would he 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 "lmpravernents"), 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. WITNESSETH: 5 3 U 3 I �l.UODUUG14�52-�J)3U-$986.v4 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 forthe 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 fihe ROW acquisition process, Developer shall pay all reasonable estimated third - party costs for the ROW acquisition, including, but not 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 Judgment. 51 Q 11 A.000OObId $ 52-993Q-R986. va 2 2. The initial term of this Agreement shall be for a period of 180 days ing on thesay of 2020, and terminating on the day of Pove 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, moed, or supplemented by written agreement and signed by both parties. 4. No assignment by a party hereto of any rights under ar 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 passible, 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. 7. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 13. 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. 10. The Parties agree that any suit arising out of or related to this Agreement shall S 10114.000006W852-�930-8986,�A 3 be filed in Brazona County Texas, 11. All notices which are required or may be given pursuant to this Agreement shall be in writing and shall be 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 or their attorneys may hereafter notify one another: If to City: City of Pearlar7d Attn: Trent Epperson 3519 Liberty Drive Pearland, TX 77581 If to Developer: fVleritage Homes of Texas, LLC 3250 Briarpark Drive, Suite 100 Houston, Texas 77042 If to the HOA: Fiiverstone fianch 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. Vica�('resident of Land 5101 14.000DOG1a852.9930.89SG.vd q CITY OF PEARLAND, a Texas municipal corporation By: Clay Pearson, City Manager RIVERSTONE RANCH AT CLEAR CREEIC HOMEOWNERS ASSN., INC., a Texas non-profit corporation w' "M ifflalM R&"'i S I U 114.00000614852-�930-89RG.v4 5 t CITY OF PEAK ND, a Texas municipal corporation Gla ears n . �. City Manag r RIVERSTONE RANCH AT CLEAR CREEK HOMEOWNERS ASSN., INC., a Texas non-profit corporation 5I0t1d.00040Gt4852-9930-89$6.va 5 EXHIBIT "A" The PISr� praperty 5101 t4.00000G14852-9930-898G.v4 40 k title,�� � (� � I in i't [ �{ko r i-I total AvaLINT 40 ... r yp At too , dour f S101ia.000OOG1i852-9930-R98G.v4 7 I 1 1 I I I .�I t f;xnlDlI „B„ The ROW SIOIIA.000OOGl4852-9930-898G.v4 8 EXHIBIT "C" Estimated Costs of ROW Acquisition [See attached] 510114.00bb06�485?,-h930-89$b.v4 9 City of Pearland 3.519 l.lherty Drive Pearland, Texas 77581 Tel: 281,652.1794 pearlandtxgov April 27, 2020 Meritage Homes of Texas, LLC 3250 Briarpark Drive, Suite 100 Houston, Texas 77042 To whom it may concern: The Estimated cost represent agood-faith estimate of the Right -of -Way acqulsltloncosl pursuant to the development agreement by and between the City of Pearland and Meritage homes 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 S I U l l 4.UDU0061{852-9930-8986.v4 10 $1500.00 , 53,000.00 $3,500400 $16,000.00 $4,500000 $27,b00.00