R2023-017 2023-01-23RESOLUTION NO. R2023-17
A Resolution of the City Council of the City of Pearland, Texas, authorizing
the conveyance of certain real property, as described in Exhibit A, to the
Lower Kirby Pearland Management District (LKPMD”) for the construction
and maintenance of regional drainage detention facilities.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council hereby authorizes the conveyance of certain real property, as
described Exhibit A, to the LKPMD by Special Warranty Deed.
PASSED, APPROVED and ADOPTED this the 23rd day of January, A.D., 2023.
________________________________
J. KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
______________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 254A5A33-7308-42E8-90F2-F84BAA3C7794
DEBTS, LIENS AND POSSESSION AFFIDAVIT
Date. , 2023
GF#• CH-1076602200360
Title Company. Charter Title Company
(including address) 1717 West Loop South, 12th Floor, Houston, TX 77027
Underwriter* Fidelity National Title Insurance Company
(including address) P 0 Box 45023, Jacksonville, FL 32232-5023
Seller* CITY OF PEARLAND,TEXAS, a municipal body politic and corporate
Affiant: Trent Epperson, Interim City Manager of the City of Pearland, Texas
Property. All of that certain real property situated in Harris County, Texas, containing 8 945 acres, as
more particularly described in Exhibit A and shown on Exhibit B, both attached hereto and
incorporated herein for all purposes.
Affiant on oath swears that the following statements are true.
1 There are no parties occupying, renting, leasing, residing or possessing the Property or any portion thereof,
nor is Affiant aware of any parties claiming title to the subject Property or any portion thereof by reason of
adverse possession, except the following (if none, insert none below)
None.
2. There are no unpaid debts for any personal property or fixtures that are located on the Property, and no such
items have been purchased on time payment contracts, and there are no security interests on such property
secured by financing statements, security agreements, or otherwise, except the following (if none, insert none
below)
None
3. There have been no improvements or repairs constructed on the Property within the preceding five (5)
months.
❑ There have been improvements or repairs constructed on the Property within the preceding five (5)
months, but said improvements or repairs have been completed and all labor and materials used in the
construction of improvements or repairs on the Property have been fully paid and satisfied, except the
following (if none, insert none below)
4 There are no loans or liens (including federal tax liens, state tax liens and judgment liens), unpaid taxes (ad
valorem, state or federal), assessments, and/or homeowners' association dues, or other charges of any kind
on or against the Property, except the following (if none, insert none below)
None
AFFIANT UNDERSTANDS THAT THE PAYOFF AMOUNT(S) ON LOANS AND LIENS LISTED ABOVE ARE
IN ACCORDANCE WITH STATEMENTS GIVEN BY THE SECURED PARTY AND SHOULD THE SECURED
PARTY REQUIRE ANY ADDITIONAL AMOUNT IN ORDER TO RELEASE SAID LOANS, AFFIANT (AND
OWNER/BORROWER IF OWNER/BORROWER IS AN ENTITY) AGREES TO PAY THAT ADDITIONAL
AMOUNT AND HOLD ESCROW AGENT AND ITS UNDERWRITER HARMLESS FROM SUCH
ADDITIONAL AMOUNT AND ANY OTHER LIEN NOT SPECIFICALLY REFERENCED ABOVE.
5 There are no paving liens of any kind or character or paving claims outstanding against the Property, and no
petitions have been signed for the paving of any street or alley adjoining the Property, and Affiant knows of no
petitions being circulated for pavement of the streets, alley or sidewalks adjacent to the Property
6 There are no lawsuits or claims pending against Owner/Borrower, except the following (if none, insert none
below)
NoneCarter
1074904
DEBTS, LIENS AND POSSESSION AFFIDAVIT
(Continued)
7 Affiant realizes these representations are made to induce the Title Company and its underwriter to insure the
title to the subject Property and that the Title Company and its underwriter are relying upon the truth of said
statements. In consideration thereof, Affiant/Owner/Borrower hereby agrees to indemnify and hold harmless
Title Company and its underwriter, their successors and assigns, from any claims, costs, damages, causes of
action, expenses and attorney fees in any way arising from the inaccuracy of the above representations.
Affiant further recognizes that any false or fraudulent representations knowingly made in this Affidavit may
subject Affiant/Owner/Borrower to criminal liability
8. For the purposes of this affidavit, where the context requires: (i) the singular shall include the plural; (ii) the
plural shall include the singular; and (iii)the use of any gender shall include all genders.
CITY OF PEARLAND,TEXAS
By. .s
Trent Epperso , Interim City Manager
THE STATE OF TEXAS §
COUNTY Oce-ACLZ6PEAd §
This instrument was acknowledged before me on the 01`-f day of , 2023, by Trent
Epperson, Interim City Manager of the CITY OF PEARLAND, TEXAS, a municipal body p Iitic and corporate, on
behalf of said city
(NOTARY SEAL) (....- Nthlier-
i
a�?w A�s.r�.-Re..w. �w
pY PVC JENNIFER SITYLAN CADMUS nary Pu lic, Stat cf Texas
__; � °�'=Notary Public,State of Texas
_+ += My Commission Expires
�� December 17,2024
''%tP8`t" NOTARY ID 1166200-6
Charter?it&
1074904
Exhibit A— Description of the Property
December 7, 2022
Job No LJAS001-2209-2028
METES AND BOUNDS DESCRIPTION
OF 8.945 ACRES
(389,636 SQUARE FEET)
Being 8 945 acres of land located in the Obediah Pitts Survey, Abstract 626, Harris
County, Texas, being a portion of Lot 11, Block P of the Allison Richey Gulf Coast Home Co's
Part Of Suburban Gardens, a subdivision of record in Volume 3, Page 40 of the Map Records of
Harris County, Texas (H C M R.), more particularly being a portion of that certain called 0 4396
acre tract of land described as Parcel 21 B in the deed to City of Pearland by an instrument of
record in File Number Y715629 of the Official Public Records of Real Property of Harris County,
Texas (H C 0 P R.R.P), all of that certain called 4.292 acre tract described as Parcel 21A in the
deed to City of Pearland by an instrument of record in File Number Y715629, H C O P R.R.P ,
and being a portion of the remainder of Lot 11, described in the deed to City of Pearland by an
instrument of record in File Number RP-2022-269969, H C O P R.R.P , said 8.945 acre tract
being more particularly described by metes and bounds as follows (all bearings referenced to the
Texas Coordinate System, South Central Zone, NAD 83),
BEGINNING at a 5/8-inch iron rod with cap found marking the northwest corner of said
0 4396 acre tract;
Thence, South 02° 34' 03" East, along the west line of said 0 4396 acre tract, 112.52 feet
to a 5/8-inch iron rod with cap stamped "LJA SURVEY" set for corner;
Thence, North 88° 08' 12" East, departing the west line of said 0 4396 acre tract, 114 69
feet to a 5/8-inch iron rod with cap stamped "LJA SURVEY"set for corner on the east line of said
0 4396 acre tract, common to the west right-of-way line of Kirby Drive (called 120 feet wide),
described as 2 300 acres (Parcel 21C) in the deed to City of Pearland by an instrument of record
in File Number Y715629, H C O P R.R.P , the beginning of a curve,
Thence, along said common line (at an arc length of 51 01 feet passing the southeast
corner of said 0 4396 acre tract common to the northeast corner of said 4 292 acre tract) then
continuing along the west right-of-way line of said Kirby Drive, common to the east line of said
Page 1 of 3
S:\Sectors\Survey\Projects\LJAS001\2209\2028 East Pond\07 Documents\8.945 Ac M&B.docx
8 945 Acres December 7, 2022
Job No LJAS001-2209-2028
4.292 acre tract for a total arc distance of 271 02 feet along the arc of a non-tangent curve to the
left, having a radius of 1,860 00 feet, a central angle of 08° 20' 55", and a chord which bears
South 05° 49' 33" East, 270 78 feet to a 5/8-inch iron rod with cap stamped "LJA SURVEY" set
for corner;
Thence, South 10° 00' 00" East, continuing along said common line, at 94 00 feet pass a
5/8-inch iron rod with cap stamped "LJA SURVEY" set for reference, continuing in all a total
distance of 149 00 feet to the southeast corner of said 4.292 acre tract, the southwest corner of
said 2 300 acre tract, the northwest corner of that certain called 0 9505 acre tract (Parcel 5B)
described in the deed to City of Pearland by an instrument of record in File Number 2005022813
of the Official Public Records of Brazoria, County, Texas (B.0 0 P R.), and the northeast corner
of that certain called 0.203 acre tract described in the deed to Brazoria County Drainage District
No 4 by an instrument of record in File Number 2007069415, B.0 0 P R.,
Thence, South 86° 41' 18"West, along the south line of said 4.292 acre tract, common to
the north line of said 0.203 acre tract, 103.04 feet to a point on the north line of that certain called
0 698 acre tract described in the deed to Shadow Creek ranch Maintenance Association by an
instrument of record in File Number 2009056290, B C O P R.,
Thence, South 89°47'09"West, continuing along said common line,198.29 feet to a point
on the north line of that certain called 1.248 acre tract described in the deed to Brazoria County
Drainage District No. 4 by an instrument of record in File Number 2007069416, B.0 0 P R.,
Thence, South 87°25' 56"West, continuing along said common line, 99 61 feet to a point;
Thence, South 88° 36' 27" West, continuing along said common line, 136.09 feet to the
southwest corner of said 4.292 acre tract, same being the southeast corner of Lot 9A of Lorance
Tower Resurvey, a subdivision of record in Film Code Number 677559 of the Map Records of
Harris County, Texas, (H C M R.),
Thence, North 02° 34' 03" West, departing said common line and along the west line of
said 4.292 acre tract, common to the east line of said Lot 9A of Lorance Tower Resurvey, at 55.00
feet passing a 5/8-inch iron rod with cap stamped"LJA SURVEY"set for reference, and continuing
along said common line, at 357 40 feet passing a 5/8-inch iron rod with cap found marking the
Page 2 of 3
S:\Sectors\Survey\Projects\LJAS001\2209\2028 East Pond\07 Documents\8.945 Ac M&B.docx
8 945 Acres December 7, 2022
Job No LJAS001-2209-2028
northwest corner of said 4.292 acre tract, continuing along the east line of said Lot 9A of Lorance
Tower Resurvey in all a total distance of 776 42 feet to a 5/8-inch iron rod with cap stamped "LJA
SURVEY" set for the northwest corner of the herein described tract, from which a 1/2-inch iron
rod found marking the northeast corner of said Lot 9A and lying on the south right-of-way line of
Fruge Road (called 40'wide at this point) bears North 02° 34' 03"West, 20 00 feet;
Thence, North 87° 25'57" East, departing said common line, 534.20 feet to a 5/8-inch iron
rod with cap stamped "LJA SURVEY" set for corner on a west line of the aforementioned 2.300
acre tract
Thence, South 41° 23' 57" East, along the west right-of-way line of the aforementioned
Kirby Drive, common to the west line of said 2.300 acre tract, 13 50 feet to a point for corner, said
point lying 0 35 feet inside a power pole, the beginning of a curve,
Thence, continuing along said common line and 246 18 feet along the arc of a non-tangent
curve to the left, having a radius of 1,860.00 feet, a central angle of 07° 35' 00", and a chord which
bears South 05° 39' 15"West, 246 00 feet to a 5/8-inch iron rod with cap stamped"LJA SURVEY"
set for the northeast corner of the aforementioned 0 4396 acre tract;
Thence, South 87° 25' 57" West, departing the west right-of-way line of said Kirby Drive
and along the north line of said 0 4396 acre tract, 120 00 feet to the POINT OF BEGINNING and
containing 8 945 acres of land
...............
Benjamin Lowe, RPLS (• •BENJAMIN LOWE �>
Texas Registration No. 6944
LJA Surveying, Inc. ` 1OF6944 //
Page 3 of 3
S:\Sectors\Survey\Projects\LJAS001\2209\2028 East Pond\07 Documents\8.945 Ac M&B.docx
Exhibit B—Sketch of the Property
DETAIL'A•I. — v u/n
om
=10' \ e IK i
0 50 100 Rie 150•w •v x/w 1
gas
P /I• AlsTwn 5 •�
¢Orr 1 _ � r
031,
P Aerw , /
-�V
`— / VICINITY MAP
SCALE:r-0000'
MOM 00001
LEGEND
M ce PAAP HGmxm. H.C.O.P.R.RP OFFlCUL PUBLIC RECORDS OF REAL
rto I PROPFAtt OF HM(RIS COUNTY,TEXAS
,EWES f WnITON 5U ImIDE ROAP(a'waO — MO AGO� 5¢Ma A 1009 /1.14R. NAP RECORDS OF HARRIS COUNTY,TEXAS
Iw Arai •',91aUw CAISW I --- RVEY A-BJ6 —— -- emy uAy ' ..1,;. s B.C.O.P.ROF
wnv'E ANA DAMO VMGE SU OFi1Cl/L PUBLIC RECORDS
( '�jV1�I iR -- Rr[Y A-63fihyA. BRAZORU COUNT/,TEXAS
° ]ptyxwE Pm - OBEOIAH PRTS 5—il I�I( IIIE �
wP In'- - I _ yllfBllty11� ly!�Rl�llil�!!.K11-- _ "" r qR��.�,,, a'Ew
V'(�II�M1�1.____._ ',' � w. ai,'r4p MO FOUND
#E VMS
30.74113 - •• i vaAr I:TMe Mai 9001013 Y IR IRON ROD
ryl moE.m4s xcu¢ '...Cr
ra 4ti7
' EN FILE MADER
11200.3061 OF LOT 11 Ncm 0 er ... POINT OF BEGINNING
,},pp PV37• ¢.ATE RCP REINFORCED CONCRETE PIPE
S/if
-- CMP CORRUGATED METAL PIPE
£S/ Paunw IxN,v¢YA (5)• 5/B•IRON R00 W/CAP STAUPEU
dLL.SUIR£Y SET
44,y (Cu)CM CONTROLLING MONUMENT
A, I - A TEN TELECOMMUNICATIONS MARKER• 10000cENLIGNT POLE
cm or NEARLAto •E>
MAK.OF LOT 11
UMIt RI 116 m.0 0 0 PED PEDESTAL
PNcls. PPw/cuv-wIE 1-PP POWER POLE
LOT GW GUY-WIRE
13 SGN SIGN
'''5 %WV WATER VALVE
0.��6 RO en'R•S0PO0Oi(MB. w io.W' IT) +PV RUSHING VALVE
■OCT JUNCTION BOX
W ry utl-WGV?L DOE
Ydd 1 m^ v w
Q PROPERTY ITCH BANK OF DITCH
oA M wv 000E 010 woq CHNNUNK FENCE
parTT
lardlor 5.945 ACRES - E 1. .1110 HG0300A Y Cr KARLA. —«E— OVERHEAD ELECTRIC
mu Tom 3773.39
(3
Ncua 09.836 SO.FEET N
Ti D)R NN.,E ,aeV 19-
CETI Cr
0
O F.e6CRAM L IEGm e
S 1
111
MO Sir IR 3/CAP
CCA
�• STORYRW« ;I• 1F/OMaIRMO
sr00/ AT&T
PARCEL
1112 NO.
NGmcoy cr .. JrRD,-,,,,
•
l• MUM' RMME2\ o) aRTL3.1111C PEN
A...mlaT MA
•2.00.PASS �FR�nmPY FLOC.,
%Wa
�,0 1.'4 s armor w I . rf: s e.A>CI W I.eRY :R§e..+le w IW O, —— wP t_ m,romA20,10 AREAS)
`mwn,
L��I.P� 0001.
COPO' meow—tee eru'se• P PZte H wg° ucc MO.•Taal
¢e¢ A3 C og 0gy5p 2gggggg a gggPARCEL NM SO
A$B -- 77 �R94
Mira i€s am ma:tw.or H a 6 lag I
1 ND.:
3 I.All BEARINGS REFERENCED TO IHE TEXAS COORDINATE SYSTEM.SOUTH CENTRAL ZONE NAD BS
9
3 ].THIS SURVEY WAS PREPARED WT 11ZIa THE BENEFIT OF A TIRE COMMITUENT.EASEMENTS MAY
FIOST WHIGI THE SIIRNEWR WAS UNAWME w.
I J.A METES AND BOUNDS DESCRPTION WAS PREPARED FOR THE SUBJECT TRACT ON SEPARATE
ie INSRNUENT or EVEN DAM.
9 SHORN HEREONS erro1EORPIA RUE FOOLLOM C FLOODcla NZONE,REG UAIORY R000WAY(SPEPAL
eS R OSAIO MARS S WA DOES N0T WARRANT NOT SUBSCRIBE TO THE ACCURACY bR SCALE
'.S.N MOTE0ONONG DOERS.C CRON LEAR
FIIEDI Vmmm� �LOCATION AND 15 BASED ON a81006 TRACT STANDARD LAND SURVEY
I,BENJAMIN LOWE,REGISTERED PROFESSIONAL LAND SURVEYOR,HEREBY CERTIFY OF 8.945 ACRES
THAT THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY (3897 636 SQUARE FEET)
OF PROFESSIONAL SURVEYORS STANDARDS AND SPECIFICATIONS FOR A CATEGORY
1 1B,CONDITION 2 SURVEY. LOCATED IN THE
1. DATE DECEMBER 7,2022.
OBEDIAH PITTS SURVEY A-626
/� HARRIS COUNTY,TEXAS
e�/� DECEMBER 2022 JOB NO.WA5001-220n9-n202E1
".,'t'-+.
BENJAMIN LOWS LJA Surveying,Inc. /`)L1U
REGISTERED PROFESSIONAL LAND SURVEYOR . 3600 W Sem Houston Padua,/S Phone 713.953.5200
TEXAS REGISTRATION ND.6944 Page 1 of 1 Suee 175 Fax 713.953.5026
Houston,Tines 77042 T.B.P.E.LS F No.10104382
SPECIAL WARRANTY DEED
East Pond II)
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 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,
its successors and assigns ("Grantee"), all of that certain real property situated in Harris
County, Texas, containing 8.945 acres, as more particularly described in Exhibit A and
shown on Exhibit B, both attached hereto and incorporated herein for all purposes,
together with all rights, titles, and interests appurtenant thereto and any and all
improvements situated thereon(collectively,the "Property").
This Special Warranty Deed and the conveyance hereinabove set forth are
executed by Grantor and accepted by Grantee 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") Grantee acknowledges that the Permitted Encumbrances
referenced herein specifically include a reservation of 37 acre feet of regional detention
volume in the Property for the use and benefit of Kirby Drive, which is owned and
maintained by Grantor
1074897 Rev 090415
TO HAVE AND TO HOLD the Property, together with all and singular the
rights and appurtenances thereunto in anywise belonging, unto Grantee, its successors
and 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
Grantee, its 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.
Grantee's address is c/o Allen Boone Humphries Robinson LLP,3200 Southwest
Freeway,Suite 2600,Houston,Texas 77027
[Signature pages follow this page.]
-2-
1074897 Rev 090415
EXECUTED on the date set forth in the acknowledgement below, but
EFFECTIVE as of the 17tt1 day of January,2023(the"Effective Date").
GRANTOR:
CITY OF PEARLAND,TEXAS
By. 771X1,--
Trent Epperson,Interim City Manager
THE STATE OF TEXAS §
COUNTY O ctzA1Q-1Cl, §
This instrument was acknowledged before me on the c kj day of
,2023, by Trent Epperson, Interim City Manager of the CITY OF
PEARLAN ,TEXAS,a municipal body politic and corporate,on behalf of said city
(NOTARY SEAL)
1 COCN-11%--
, . JENNIFER SITYLAN CADMUS . S
,iap+PZB ary Pu ic,Stat f Texas
°_° °�' Notary Public,State of Texas. V
.a \ " My Commission Expires
>.,.pp 4:$, December 17,2024
NOTARY ID 1166200-6
-3-
1074897 Rev 090415
EXECUTED by Grantee on the date set forth in the acknowledgment below, but
AGREED to,ACCEPTED,and EFFECTIVE as of the Effective Date.
GRANTEE:
LOWER KIRBY PEARLAND
MANAGEMENT DISTRICT
i
By C ? ^'�
Name: 13rl /m
Title: ` 1G€, re.s1( -en`y
ATTEST:
Name: 3U `1 f*T G. €f
Title: CrC)k r 1
THE STATE OF TEXAS §
COUNTY OF Ctrr iS § �{.
This instrument was cknowled�ge"d�� before me on the✓1 ate' day f
S4.nUar o 3, by rah Mal)n�e v ice ICI e is€rr
and 3U S `1 t ` cn'� a f of the Board of Directors of
LOWER KIRBY PEARLAND MANAGEMENT DIS ICT, a political subdivision of the
State of Texas,on behalf of said political subdivision.
(NOTARY SEAL)
M \ t. A
.::tn�"`4: CHERYL M.PAN07Z0 Ci 4 C16 1/ 1. (0
Notar lic,State of Texas
=.: ci My Notary ID#129667868
.? 0 Expires January 8,2026
-4-
1074897 Rev 090415
Attachments:
Exhibit A-Description of the Property
Exhibit B -Sketch of the Property
After recording,please return to:
Allen Boone Humphries Robinson LLP
3200 Southwest Freeway,Suite 2600
Houston,Texas 77027
Attention: Real Estate Department
-5-
1074897 Rev 090415
Exhibit A— Description of the Property
December 7, 2022
Job No. LJAS001-2209-2028
METES AND BOUNDS DESCRIPTION
OF 8.945 ACRES
(389,636 SQUARE FEET)
Being 8.945 acres of land located in the Obediah Pitts Survey, Abstract 626, Harris
County, Texas, being a portion of Lot 11, Block P of the Allison Richey Gulf Coast Home Co's
Part Of Suburban Gardens, a subdivision of record in Volume 3, Page 40 of the Map Records of
Harris County, Texas (H.0 M R.), more particularly being a portion of that certain called 0.4396
acre tract of land described as Parcel 21 B in the deed to City of Pearland by an instrument of
record in File Number Y715629 of the Official Public Records of Real Property of Harris County,
Texas(H.C.O.P R.R.P), all of that certain called 4.292 acre tract described as Parcel 21A in the
deed to City of Pearland by an instrument of record in File Number Y715629, H.C.O P.R.R.P ,
and being a portion of the remainder of Lot 11, described in the deed to City of Pearland by an
instrument of record in File Number RP-2022-269969, H.0 0 P R.R.P , said 8.945 acre tract
being more particularly described by metes and bounds as follows(all bearings referenced to the
Texas Coordinate System, South Central Zone, NAD 83),
BEGINNING at a 5/8-inch iron rod with cap found marking the northwest corner of said
0 4396 acre tract;
Thence, South 02° 34' 03" East, along the west line of said 0.4396 acre tract, 112.52 feet
to a 5/8-inch iron rod with cap stamped "LJA SURVEY" set for corner;
Thence, North 88° 08' 12" East, departing the west line of said 0.4396 acre tract, 114.69
feet to a 5/8-inch iron rod with cap stamped"LJA SURVEY"set for corner on the east line of said
0 4396 acre tract, common to the west right-of-way line of Kirby Drive (called 120 feet wide),
described as 2.300 acres(Parcel 21C) in the deed to City of Pearland by an instrument of record
in File Number Y715629, H C O P R.R.P , the beginning of a curve;
Thence, along said common line (at an arc length of 51 01 feet passing the southeast
corner of said 0 4396 acre tract common to the northeast corner of said 4.292 acre tract) then
continuing along the west right-of-way line of said Kirby Drive, common to the east line of said
Page 1 of 3
S:\Sectors\Survey\Projects\LJAS001\2209\2028 East Pond\07 Documents\8.945 Ac M&B.docx
8.945 Acres December 7, 2022
Job No LJAS001-2209-2028
4.292 acre tract for a total arc distance of 271.02 feet along the arc of a non-tangent curve to the
left, having a radius of 1,860.00 feet, a central angle of 08° 20' 55", and a chord which bears
South 05° 49' 33" East, 270 78 feet to a 5/8-inch iron rod with cap stamped "LJA SURVEY" set
for corner;
Thence, South 10° 00'00" East, continuing along said common line, at 94 00 feet pass a
5/8-inch iron rod with cap stamped "LJA SURVEY" set for reference, continuing in all a total
distance of 149 00 feet to the southeast corner of said 4.292 acre tract, the southwest corner of
said 2.300 acre tract, the northwest corner of that certain called 0 9505 acre tract (Parcel 5B)
described in the deed to City of Pearland by an instrument of record in File Number 2005022813
of the Official Public Records of Brazoria, County, Texas (B.C.O P.R.), and the northeast corner
of that certain called 0.203 acre tract described in the deed to Brazoria County Drainage District
No. 4 by an instrument of record in File Number 2007069415, B.0 O.P R.,
Thence, South 86°41' 18"West, along the south line of said 4.292 acre tract, common to
the north line of said 0.203 acre tract, 103.04 feet to a point on the north line of that certain called
0.698 acre tract described in the deed to Shadow Creek ranch Maintenance Association by an
instrument of record in File Number 2009056290, B.C.O P R.,
Thence, South 89°47'09"West, continuing along said common line,198.29 feet to a point
on the north line of that certain called 1.248 acre tract described in the deed to Brazoria County
Drainage District No. 4 by an instrument of record in File Number 2007069416, B.C.O P R.,
Thence, South 87°25'56"West, continuing along said common line, 99.61 feet to a point;
Thence, South 88° 36' 27" West, continuing along said common line, 136.09 feet to the
southwest corner of said 4.292 acre tract, same being the southeast corner of Lot 9A of Lorance
Tower Resurvey, a subdivision of record in Film Code Number 677559 of the Map Records of
Harris County, Texas, (H.0 M R.),
Thence, North 02° 34' 03" West, departing said common line and along the west line of
said 4.292 acre tract, common to the east line of said Lot 9A of Lorance Tower Resurvey, at 55.00
feet passing a 5/8-inch iron rod with cap stamped"LJA SURVEY"set for reference,and continuing
along said common line, at 357 40 feet passing a 5/8-inch iron rod with cap found marking the
Page 2 of 3
S:\Sectors\Survey\Protects\LJAS001\2209\2028 East Pond\07 Documents\8.945 Ac M&B.docx
8.945 Acres December 7, 2022
Job No. LJAS001-2209-2028
northwest corner of said 4.292 acre tract, continuing along the east line of said Lot 9A of Lorance
Tower Resurvey in all a total distance of 776.42 feet to a 5/8-inch iron rod with cap stamped "LJA
SURVEY" set for the northwest corner of the herein described tract, from which a 1/2-inch iron
rod found marking the northeast corner of said Lot 9A and lying on the south right-of-way line of
Fruge Road (called 40'wide at this point) bears North 02° 34'03"West, 20.00 feet;
Thence, North 87°25'57"East, departing said common line, 534.20 feet to a 5/8-inch iron
rod with cap stamped "LJA SURVEY"set for corner on a west line of the aforementioned 2.300
acre tract
Thence, South 41° 23' 57" East, along the west right-of-way line of the aforementioned
Kirby Drive, common to the west line of said 2.300 acre tract, 13.50 feet to a point for corner, said
point lying 0 35 feet inside a power pole,the beginning of a curve;
Thence,continuing along said common line and 246.18 feet along the arc of a non-tangent
curve to the left, having a radius of 1,860.00 feet, a central angle of 07°35'00", and a chord which
bears South 05°39' 15"West, 246.00 feet to a 5/8-inch iron rod with cap stamped"LJA SURVEY"
set for the northeast corner of the aforementioned 0.4396 acre tract;
Thence, South 87° 25' 57"West, departing the west right-of-way line of said Kirby Drive
and along the north line of said 0 4396 acre tract, 120.00 feet to the POINT OF BEGINNING and
containing 8.945 acres of land.
Benjamin Lowe, RPLS
Texas Registration No. 6944 BENJAMIN LOWS ^'
LJA Surveying, Inc. ;°T 6944 v„r i
S �;Uof�
Page 3 of 3
S:\Sectors\Survey\ProJects\LJAS001\220912028 East Pond\07 Documents18.945 Ac M&B.docx
Exhibit B—Sketch of the Property
= , -HNT fit"'
1 DEM..A _/` „./4N5_� a M __
r_20' NV t
\ n•r e
0 50 WO MD•A'• 4%1 w/„
61
ri''.----1---11. I I AS&T
II ii
LLIAl `
VICINITY MAP
SCALE]I-.2.008
LEG9ID
xcO.aAP. II109AAP. ILCA.PJLRP 010CLL PUOIIC RECOILS OF OEM.
PROPOIYY w 00105 COUNTY,ICONS
flo I• SU to,u...no CM AMP LLP RECCADS Or HARMS COUNTY.RODS
Tarp LL[ JAK9 I W)41a1 U>hY b•o cur
/Y a t,OloaaAO,..,:: 1 AVA°AND M]mC..4Y :g. -- - Enlu l °TO➢• 6C.O.P.R ORZOt PUOUC RECORDS w
_ //nn E E,IH PIII A711W p. BRA]dM<pM]Y.1[IGS
Ln In' 1 i;�7R1lIg11�Nl1 �! �'I�MI Lw An �n-.,4 of YA�O. lair FaNO
��Il��l,f'�MIYS! ._ m DM 4Lnol LIT ART
�c f+ust MT cW.A•CAna yaw a auL R MARY C»Lao' I(0 , YY4].Y ET DOH ROD
t.
-- j R CRY.11.0 0 1� W/ FV7 IA FILL TAMER
t 7 nost�WWII
YTroti; STEM
P.O!. PJNfwBCGI>➢50
TT7Gr
ITERPNACE
Ili gaGtq[dad LaC11 Low RRP 0000UCATI ITEDT.CP100
MP p CwRU:a]CO L MITOTIC
IHe[
(S)• 5/B•m0N R00 W/CaP SUMO
uA slnrYn•s[r
of, (CYj CCIRROUINC LORWENT
I A TOO TELECOMPARCATD\5 DAUBER
loot(POOP ¢LP UNFIT POLE
on LY MDncmW PP-Alz0a-it0.I O PM PEDESTAL
'IIHCNJW. ro T/,vf-•Rt -p-PP PAVER POLE
.IL Cu 4n-WRE
la SON SIGN
if IN aAT00 50&50
gw'jai; ]K
U.'/r In •WATA•at a' •Er ]0t
a]Y• 0 IV FLUSeS%DAS
Sr.1N'd:M1,V- ■J0 MCI.BOY
,L OIL MAY OC•a a PROPERN Mr
+t I= N.GH OYIu w NIGH
rams.T#W) CN.VNLNY FENCE
Lvs T t 8.915 ACRES - . I .1` Mu -DA- Xe l0 ERMINE
Tau am on. OHMS 5O.FM) P� 6 1 f08] 1.
Q �LY.s'n S. r laMM.PI n�COPw lva+�
i Rl al•
9 a OTT ]vv]°P.._sl. a.rt xn
0 nSR.aY r
4 t.o "•' IL•Iaa
en•Im..i a•a Nu� .Aa.n .c.
ono
1A'•oaarr ,/ •DTI
a olYl .MT
on ao Foram Dula tau Acrn
1ST PO WM.
I••Ir,,,,,, T
re ua.
` •a..•.SY\ 0, S1.1MC..aRa
TT
F.��1'�PGat
..all
{055
OS PAv "I.
PM
WIT S�F:1 ,L 14•PAW
UD LVEcu Tnm wN�ioYivLu,
t 0At•"".:w •sna']Y•I,.00'_•„I,,,.te -t— row•mar S crow•.t...l __r='—!- —m—Y
y5„L LP'a 'yARN 5 R 4@ R I Ir x 02,.,
d II .. ii is
5t4ETWPrel k 444 iim Ia ft f£;Mi§'L I I
1 NOTES
i I.ALL BEATINGS RE0ERCNCCO 10 THE TEXAS CCOROOUTE 5YS1Eµ SOUTH CDIMRA.INS.um 52
I
I L sj MC•LWKg v.OAS zonz GFBCNED]or A TITLE C an.011 Nf.[AS[YCN15 WY
•?J Lim&a pUx051(D[SGRPTON*HS PREPAID°FOR TII SUMO TRACT OR S09ARAI[
OT ORAPwCAL ROIINU ANT Acc0IW1O 1Y�AL LAP ioAOCR 48201CIU1°a FOR HARMS
5 OxN ial.S15 LIVAIE�OPN MC FOl UMMO ROW NHC ACt�fD�YIfl00DNC1Y 1�C(lµ
OL000 MAIARO AAEAS).'lJA OOC$ND NARRANI NOR SUBSCR OC IO 1HE ACCURACY U SCAU
f 5•m YAPS',
I S C[N]E8IO1 w CLEAR CRECY 15 APPIOEWATC LOCAMN AM IS moo CH SuRACT TRACT STANDARD LAND SURVEY
ARO A0ARAM ou0s.Not FAT°KRVQD.
f I_ BENJAMIN LOWE,REGISTERED PROFESSIONAL LAND SURVEYOR.HEREBY CERTIFY OF 8.945 ACRES
F THAT THIS SURVEY SUBSTANTIALLY COMPLIES MIN THE CURRENT TEXAS SOCIETY (389,636 SQUARE FEET)
OF PROFESSIONAL SURVEYORS STANDARDS AND SPECIFICATIONS FORA CATEGORY 9
DAZE OECEUBER 7S.]Z022 LOCATED IN THE
OBEDIAH PITTS SURVEY A-626
HARRIS COUNTY,TEXAS
irAilL DECEMBER 2022 JOB ND.LJAS001-2209-2028
BENJAMIN DYEW.
LJA 911NOY)00.Inc. /��/{�(I
REGISTERED PROFESSIONAL LAND SURVEYOR 9800W Sem Houp.T Palmy 9 Phan 710A53S200
TEXAS REGISTRATION NO.6914 6uy 175 P.O713.053.5028
Page 1 of 1
Fbutto.Tew 77012 T.BPELS.Firm Na 1010A92