R2021-182 2021-08-23RESOLUTION NO. 2021-182
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
power of eminent domain to acquire fee title interest to certain property for the
Willowcrest Detention Pond Project; being a tract of land containing 4.8160
acres (209,784 square feet) situated in the H.T. & B.R.R. CO. Survey, A-640 in
Brazoria County, Texas and out of Lots 19 & 20 of W. Zychlinski's Subdivision,
a subdivision plat recorded under Volume 29, Page 43 of Deed Records of
Brazoria County, and also being residue of a tract as conveyed unto Sempre
Avant, LLC by deed recorded under County Clerk's File Number 98-038672 of
the Official Public Records of Brazoria County, Texas, for the construction and
maintenance of detention pond 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 detention pond 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 title interest to 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 detention pond improvements on certain real property
located in Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition of a fee title
interest, 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", 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 Exhibit "A", either by donation, purchase or the exercise of the power
of eminent domain.
PASSED, APPROVED and ADOPTED this the 23rd day of August, A.D., 2021.
RESOLUTION NO. 2021-182
ATT1T:
AL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
r
DARRIN M. COKER
CITY ATTORNEY
2
,"Z‘
VIN COLE
AYOR
EXHIBIT
DESCRIP'TION OF A'1'RAC1' OF LAND CONTAINING -
4.8160 ACR}-:S (209,784 SQUARE FEET) SITUATED
IN THE H.T. & B.R.R. CO. SURVEY, A-640, IN
BRAZORIA COUNTY, 'TEXAS
Being a tract of land containing 4.8160 acres (209,784 square feet) situated in the H.T. & B.R.R.
CO. Survey, A-640 in Brazoria County, 'Texas, and out of Lots 19 & 20 of W. Zychlinski's Subdivision,
a subdivision plat recorded under Volume 29, Page 43 of the need Records of Brazoria County, and also
being the residue of a tract as conveyed urtto Semprc Avant, LLC by deed recorded under County
Clerk's File Numher 98-038672 of the Official Public Records of lrazoria County, Texas. Said 4.8160-
acre tract being more particularly described by metes and bounds as follows:
COMMENCING FOR REFERENCE at a found 5/8-inch iron rod with cap stamped "Davis
RPLS 4464) located on the north right-of-way line of Wcst Orange Street (width varies) for an interior
corner of Lot "B" of Pipe and Tube Supplies, a subdivision plat recorded under File Number
201 0012624 of the Map Records of Brazoria County, same being an interior corner of a called 15.6437
acre tract conveyed unto Pipe and Tube Supplies by deed recorded under Volume 865, Page 324 of the
Deed Records of Brazoria County, same also being the southwest corner of a tract conveyed unto
Ronnie McCollough and Randy McCollough by deed recorded under County Clerk's File Number 94-
012374 of the Official Public Records of Brazoria County, Texas;
THENCE South 87° 24' 23" Wcst, with the north right-of-way line of said West Orange Street,
arid the south line of said Lot "B" and said 15,6437 acre tract, a distance of 309.24 feet to a found 5/8-
inch iron rod (bent) located on the cast line of said J.ot t 9 for the southwest corner of said Lot "13" and
said 15.6437 acre tract, for the southeast corner of the tract herein described, and for the POINT OF
BEGINNING;
THENCE South 87° 24' 23" West, continuing with the north right-of-way line of said West
Orange Street, a distance of 711.83 feet to a set 5/8-inch iron rod with cap stamped "Cobb Fcndley &
Associates" for an angle point of a called 4,0435 acre tract conveyed unto City of Pearland by Cause No.
C1042695 located in the County Civil Court No. 4 of Brazoria County, Texas, for the southwest corner
of the tract herein described;
THENCE North 02° 32' 58" West, with an interior line of said 4.0435 acre tract, a distance of
223.55 feet to a set 5/8-inch iron rod with cap stamped "Cobb Fendley & Associates" for the beginning
of a curve to the right;
THENCE in a northeasterly direction with the southerly line of said 4.0435 acre tract and with
said curve to the right whose radius is 72.51 feet and whose central angle is 89° 53' 16" (chord bears
North 42° 23' 32" East, a distance of 102.44 feet) for an are length of 113,76 feet to a set 5/8-inch iron
rod with cap stamped "Cobb Fendlcy & Associates";
Page I of 2
THENCE North 87" 20' 02." East, with the southerly Iine of said 4.0435 acre tract, a distance of
639.11 feet to a found 5/8-inch iron rod located on the west line of said Lot "R" and the west line of said
15.6437 acre tract for the southeasterly comer of said 4,0435 acre tract, and for the northeast corner of
the tract herein described, from which a found x-cut scribed in concrete located for the northwest corner
of said Lot "B" and said 15,6437 acre tract bears North 02' 37' 06" West, a distance of 606.01 feet;
'!'HENCE South 02° 37' 06" East, with the west line of said Lot "F3" and the west line of said
15.6437 acre tract, a distance of 296.81 feet to the POINT OF BEGINNING and containing 4.8160
acres (209,784 square feet) of land, more or less.
Notes:
1. All bearings shown hereon arc based on the Texas State Coordinate System, South Central Zone
(4204), NA .) 83, 2001 adjustment.
2. Square footage area shown is for information only and surveyor does not certify accuracy of survey to
nearest square foot.
3. This metes and hounds description is referenced to a survey drawing prepared by Cobb, Fendley &
Associates, Inc. dated February 12, 2021 and titled "A STANDARD LAND SURVEY OF A
4.8160 ACRE (209,874 SQ. FT.) TRACT SI"1'IIATEI) IN THE H.T. & B.R.R. CO. SURVEY, A-640,
IN BRAZORTA COUNTY, TEXAS."
Cobb, Fendley & Associates, Inc.
TIWPELS Firm Registration No. 100467
13430 NW Freeway, Suite 1 100
Houston, TX 77040
Phone: 713-462-3242
Job Number I912-028-01-02TI
February 12, 2021
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