R2024-062 2024-04-08RESOLUTION NO. 2024-62
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
power of eminent domain to acquire fee title to certain property for public
facility improvements; all of that certain tract or parcel containing 20.35 Acres
(886,331 square feet) of land situated in the H. T. & B. R. R. Company Survey,
Section 19, A-243 , Pearland, Brazoria County, Texas, being all of a called
20.3472 acre tract of land conveyed to SA 2011 LLC as described in deed
recorded under Brazoria County Clerk’s File Number (B.C.C.F. No.)
2013002026, in the Official Records of Brazoria County, Texas for the
construction and maintenance of public facility 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 public facility 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 certain real 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 facility improvements on certain real property located
in Brazoria 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 Brazoria County, more particularly described in Exhibits “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.
DocuSign Envelope ID: 9E2C402B-599A-4DF2-B622-CFC3B6A43BC0
RESOLUTION NO. 2024-62
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PASSED and APPROVED on this the 8th day of April, A.D., 2024.
_____________________________
J.KEVIN COLE
MAYOR
ATTEST:
_____________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
_____________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 9E2C402B-599A-4DF2-B622-CFC3B6A43BC0
1
METES AND BOUNDS DESCRIPTION
20.35 ACRES (886,331 SQUARE FEET)
H. T. & B. R. R. COMPANY SURVEY, SECTION 19, A-243
PEARLAND, BRAZORIA COUNTY, TEXAS
Being all of that certain tract or parcel containing 20.35 Acres (886,331 square feet) of land situated in the H. T. &
B. R. R. Company Survey, Section 19, A-243 , Pearland, Brazoria County, Texas, being all of a called 20.3472 acre tract
of land conveyed to SA 2011 LLC as described in deed recorded under Brazoria County Clerk’s File Number (B.C.C.F.
No.) 2013002026; said 20.35 acre tract being more particularly described as follows (bearing referenced hereon
are based on the Texas Coordinate System of 1983, South Central Zone No. 4204):
BEGINNING at a 5/8-inch iron rod with plastic cap stamped “FMS Surveying” set in the curved east Right-of-Way
(R.O.W.) line of Old Chocolate Bayou Road (Called 56 feet wide) as recorded in Volume (Vol.) 21, Page (Pg.) 11-12
of the Brazoria County Plat Records (B.C.P.R.), same marking the northwest corner of a called 6.5066 acre tract of
land conveyed to Pear Orchard Holdings LLC as described in deed recorded under B.C.C.F. No. 2018033157 and the
most southerly southwest corner of the herein described tract, same being in curve to the left;
THENCE, Northerly, an arc distance of 146.63 feet, along said curve to the left, having a radius of 2,107.19 feet, a
central angle of 03°59’13”, and a chord which bears North 01°06’03” West, 146.60 feet (Called North 01°37’09”
West) to a found 5/8-inch iron rod (bent) marking a point of tangency;
THENCE, North 03°05’39” West (Called North 00°22’27” West), a distance of 134.59 feet to a point for an interior
corner of the herein described tract, in said east R.O.W. line, from which a found 5/8-inch iron rod, bears North
23°20’ East, 1.16’ feet;
THENCE, South 87°13’18” West (Called North 89°56’30” West) along the north line of said Old Chocolate Bayou
Road, a distance of 26.00 feet to an “X”-cut in concrete set marking the most westerly southwest corner of the
herein described tract;
THENCE, North 03°05’39” West (Called North 00°22’27” West), along the east line of said Freedom Drive (Called 80
feet wide) as recorded in B.C.C.F. No. 2007053472 at a distance of 99.69 feet passing a found 5/8-inch iron rod with
cap stamped “West Belt” marking the southeast corner of Restricted Reserve “G” as recorded in the aforesaid Vol.
21, Pg. 11-12 B.C.P.R., and continuing in all a total distance of 860.01 feet to a 5/8-inch iron rod with cap stamped
“FMS Surveying” set in the south line of a tract of land conveyed to Houston Memorial Gardens as referenced in
Assessor’s Parcel Number 166445 and marking the common north corner of said Restricted Reserve “G” and
Restricted Reserve “H” and being the northwest corner of the herein described tract;
THENCE, North 87°13’18” East (Called North 89°56’30” East), along the south line of said Houston Memorial
gardens tract and along the north line of said Restricted Reserve ”H”, a distance of 782.44 feet to a point in the
west R.O.W. line of Zapalac Road (Called 40 feet wide) as recorded in Vol. 2, Pg. 23 B.C.P.R. same being the
northeast corner of the herein described tract, from which a found 5/8-inch iron rod bears South 75°15’ East, 0.92
feet and a found 1/2-inch iron rode bears South 79°19’ East, 1.13 feet;
THENCE, South 03°07’54” East (Called South 00°24’42” East), along said west R.O.W. line, a distance of 1,141.41
feet to a found iron rod with illegible cap marking an angle point in said west R.O.W. line and the southeast corner
of the herein described tract;
THENCE, North 87°14’29” West (Called South 89°57’41” West), at a distance of 5.13 feet passing a found 5/8-inch
iron rod with illegible cap marking the northeast corner of the aforesaid called 6.5066 acre tract and an angle point
in said west R.O.W line, and continuing in all a total distance of 762.29 feet to the POINT OF BEGINNING and
containing 20.35 Acres (886,331 square feet) of land. This description is based on an exhibit prepared by FMS
Surveying, Inc., dated March 9, 2024, FMS Project Number 69516.
Compiled by: Gregory Mata
Reviewed by: Scott Sheridan, R.P.L.S.
FMS Surveying, Inc.
7523 Russell Street,
Manvel, Texas 77578
69516 Pearland Public.doc
SDTTTTTSSVTSDWMWMSDSDSDCONCRETECABLE VAULT24" CMPRCPCPPRCPRCPRCP
CONCRETEFND "X"IN CONC(CM)FND "X"IN CONC(CM)FND "X"IN CONCFND 5/8" IR(BENT)FND "X"IN CONCFND 5/8" IR BEARSN 23°20' E, 1.16'FND 5/8" IRW/CAP STAMPED"WEST BELT"FND 5/8" IR WCS"WEST BELT" BEARSN 72°40' E, 1.00'TELVAULTAREA OF CONFLICTCONCRETE OVERLAP(1,008 SQ. FT.)TELVAULTFND 1" IPFND 1/2" IRFND IR W/CAP(ILLEGIBLE)VT20.35 ACRES(886,331 SQ. FT.)S03°07'54"E 1,141.41'S87°14'29"W762.29'N03°05'39"W 134.59'S87°13'18"W26.00'N03°05'39"W 860.01'N87°13'18"E782.44'TOP OF BANK(TYPICAL)TOP OF BANK(TYPICAL)46.62'
46.70'GRASSGRASSGRASSGRASS(CALLED N 89°56'30" E)(CALLED S 00°24'42" E)(CALLED S 89°57'41" W)GRASSC O N C S /W CONC S/WC O N C S /W(CALLED N 00°22'27" W)(CALLED N 89°56'30" W)(CALLED N 00°22'27" W)
G R A V E L
G R A V E L
G R A V E L
G R A S S
G R A S S
D I T C H
BARBED WIRE FENCE
PLASTIC FENCE CHAINLINK FENCE5.13'S87°13'18"W111.46'762.43'30' DRAINAGE ESMTVOL. 21, PG. 11-12 B.C.P.R.ONE STORYBUILDINGWMWROUGHT IRON FENCE DETENTION PONDDETENTION PONDD E T E N T I O N P O N DCHAINLINK FENCE CHAINLINK FENCE
RCP
RCP RCP 24" CMP 24" RCP D I T C H
D I T C H H. T. & B. R. R. COMPANY SURVEY, SECTION 19, A-243L=161.41'R=2,055.19'∆=4°30'00"CH=S00°50'39"ECHD=161.37'ALLISON RICHEY GULF COAST
HOME COMPANY SUBDIVISION
(VOL. 2, PG. 23 B.C.P.R.)
GLOBAL NEW MILLENIUM
PLAT ON BROADWAY
(B.C.C.F. No. 2017039577)
LOT 1
BLOCK 1
CULLEN CROSSING(VOL. 21, PG. 11-12B.C.P.R.)CULLEN CROSSING(VOL. 21, PG. 11-12 B.C.P.R.)RESTRICTED RESERVE "H"(CALLED 2.6256 ACRES DETENTION USE)RESTRICTED RESERVE "G"(CALLED 1.9455 ACRES DETENTION USE)CULLEN CROSSING(VOL. 21, PG. 11-12 B.C.P.R.)RESTRICTEDRESERVE "D"(CALLED 1.2457 ACRES COMMERCIAL USE)HOUSTON MEMORIALGARDENS INCAPN 166445CALLED 15,000 SQ. FT.ROBIN D. ZAPALACVOL. 1302, PG. 591 B.C.D.R.EAST 1/2 OF LOT 47
ST. CATHERINE OF ALEXANDRIA
COPTIC ORTHODOX CHURCH
B.C.C.F. No. 2021035157CALLED 6.5066 ACRESPEAR ORCHARD HOLDINGS LLCB.C.C.F. No. 2018033157HOUSTON MEMORIAL
GARDENS INC
APN 166474CALLED 20.3472 ACRESSA 2011 LLCB.C.C.F. No. 2013002026(NO BUILDINGS)SET "X" CUTIN CONCRETEP.O.B.SET 5/8" IRW/CAP STAMPED"FMS SURVEYING"S01°24'21"W 100.00'L=18.87'R=2,107.19'∆=0°30'47"CH=S01°08'57"WCHD=18.87'L=146.63'R=2,107.19'∆=3°59'13"CH=N01°06'03"WCHD=146.60'ZONE "X"(SHADED)ZONE "X"(UNSHADED)ZONE "X"(UNSHADED)ZONE "AE"ZONE "AE"(CALLED N01°37'09"W)99.69'SDFND 5/8" IR BEARSS 75°15'E, 0.92'FND 1/2" IR BEARSS79°19'E, 1.13'FND IR W/CAP(ILLEGIBLE)(CM)CONCRETEDIRECTIONALARROW SIGNSDIRECT
IONALARROW SIGNSSCALE: 1"=60'SHEET 1 OF 1FSESTABLISHED 1978CNI,GNIYEVRUSMSURVEYOR:F.M.S. SURVEYING7523 RUSSELL STREET,MANVEL, TEXAS 77578PHONE: (281) 519-8530EMAIL: rchase@fmssurveying.comTBPELS FIRM # 10040400FMS JOB No. 69516DRAFTING: LCSwww.fmssurveying.comNMARCH 21, 2024BOUNDARYSURVEYOF20.35 ACRES OF LAND, SITUATED IN THE H.T. & B. & R.R. COMPANYSURVEY, SECTION 19, ABSTRACT 243, BRAZORIA COUNTY, TEXAS, ANDBEING THAT SAME CERTAIN TRACT DESCRIBED AS A CALLED 20.3472 ACRETRACT OF LAND IN DEED FROM ASPENX LLC TO SA 2011 LLC RECORDED INCLERK'S FILE NUMBER 2013002026 BRAZORIA COUNTY, TEXAS.TSSWMVTSDFIRE HYDRANTGRATE INLETGUY ANCHORIRRIGATION CONTROL VALVEPOWER POLESERVICE POLESAMPLE WELLSANITARY MANHHOLESANITARY CLEAN OUTSTORM MANHOLETELEPHONE PEDESTALTELEVISION PEDESTALUTILITY MARKER SIGNWATER METERWATER VALVEFND5/8" IR(CM)S03°05'39"E65.35'L=54.77'R=35.00'∆=89°39'52"CH=S47°55'35"ECHD=49.35'NOTES:1.This survey was performed without the benefit of a titlecommitment. Easements and restrictions may exist whichare not referenced hereon; no additional researchregarding the existence of easements or restrictions ofrecord has been performed by FMS Surveying, Inc.2.This tract lies parially in Zone "X" (unshaded), designatedas “Areas determined to be outside the 0.2% annualchance floodplain", lies partially in Zone "X" (shaded),designated as “Areas of the 0.2% annual chance flood;areas of the 1% annual chance flood with average depthsless than 1 foot or with drainage areas less than 1 squaremile; and areas protected by levees from 1% annualchance flood", and this tract lies partially in Zone "AE",defined as "special flood hazard areas subject toinundation by the 0.1% annual chance flood event, wherethe base flood elevations are determined", as per theNational Flood Insurance Program FIRM Community PanelNumber 48039C0030K and 48039C0040K , latestavailable published revision dated December 30, 2020.Flood limits scaled hereon are approximate in location.3.A Zoning Report was not provided at the time of thissurvey; however, this tract is subject to thedevelopmental requirements of the City of Pearland andBrazoria County, Texas.4.Surface or subsurface faulting, hazardous waste or otherenvironmental issues have not been addressed within thescope of this survey.5.Fences shown hereon are graphic, with dimensioned tiesshown at specific locations where they were physicallymeasured; the fence lines may meander between saidlocations.6.All bearings shown hereon are based on the TexasCoordinate System of 1983, South Central Zone No.4204.7.This original work is protected under copyright laws, Title17 United States Code Sections 101 and 102. Allviolators will be prosecuted to the fullest extent of thelaw. This survey is being provided solely for the use of therecipients named above and no license has been created,express or implied, to copy the survey except as isnecessary in conjunction with the original transaction.B.C.C.F.B.C.D.R.B.C.P.R.(CM)FNDIRPG.VOL.W/CAPFM 518 BROADWAYZAPALAC
OLD CHOCOLATE
BAYOU RD
CULLEN PKWY
FREEDOM DRHUGHES RANCH RDDAWN RIVER LN
OAK RD
HILLHOUSE RDTOSH 288TO
SAM HOUSTON
TOLL RD
SITEVICINITY MAP(NOT TO SCALE)I hereby certify that this plat correctly represents asurvey made on the ground under my supervision onMarch 22, 2024, and that said survey substantiallycomplies with the current Texas Society ofProfessional Surveyors Standards for Land Surveys fora Category 1B, Condition II Standard Land Survey.____________________________________Scott R. SheridanRegistered ProfessionalLand SurveyorTexas Registration No. 6171 METES AND BOUNDS DESCRIPTION20.35 ACRES (886,331 SQUARE FEET)H. T. & B. R. R. COMPANY SURVEY, SECTION 19, A-243PEARLAND, BRAZORIA COUNTY, TEXAS Being all of that certain tract or parcel containing 20.35 Acres (886,331 square feet) of land situatedin the H. T. & B. R. R. Company Survey, Section 19, A-243 , Pearland, Brazoria County, Texas, being allof a called 20.3472 acre tract of land conveyed to SA 2011 LLC as described in deed recorded underBrazoria County Clerk's File Number (B.C.C.F. No.) 2013002026; said 20.35 acre tract being moreparticularly described as follows (bearing referenced hereon are based on the Texas Coordinate Systemof 1983, South Central Zone No. 4204):BEGINNING at a 5/8-inch iron rod with plastic cap stamped “FMS Surveying” set in the curved eastRight-of-Way (R.O.W.) line of Old Chocolate Bayou Road (Called 56 feet wide) as recorded in Volume(Vol.) 21, Page (Pg.) 11-12 of the Brazoria County Plat Records (B.C.P.R.), same marking the northwestcorner of a called 6.5066 acre tract of land conveyed to Pear Orchard Holdings LLC as described indeed recorded under B.C.C.F. No. 2018033157 and the most southerly southwest corner of theherein described tract, same being in curve to the left;THENCE, Northerly, an arc distance of 146.63 feet, along said curve to the left, having a radius of2,107.19 feet, a central angle of 03°59'13”, and a chord which bears North 01°06'03” West, 146.60feet (Called North 01°37'09” West) to a found 5/8-inch iron rod (bent) marking a point of tangency;THENCE, North 03°05'39” West (Called North 00°22'27” West), a distance of 134.59 feet to a pointfor an interior corner of the herein described tract, in said east R.O.W. line, from which a found 5/8-inchiron rod, bears North 23°20' East, 1.16' feet;THENCE, South 87°13'18” West (Called North 89°56'30” West) along the north line of said OldChocolate Bayou Road, a distance of 26.00 feet to an “X”-cut in concrete set marking the mostwesterly southwest corner of the herein described tract;THENCE, North 03°05'39” West (Called North 00°22'27” West), along the east line of said FreedomDrive (Called 80 feet wide) as recorded in B.C.C.F. No. 2007053472 at a distance of 99.69 feetpassing a found 5/8-inch iron rod with cap stamped “West Belt” marking the southeast corner ofRestricted Reserve “G” as recorded in the aforesaid Vol. 21, Pg. 11-12 B.C.P.R., and continuing in all atotal distance of 860.01 feet to a 5/8-inch iron rod with cap stamped “FMS Surveying” set in the southline of a tract of land conveyed to Houston Memorial Gardens as referenced in Assessor's Parcel Number166445 and marking the common north corner of said Restricted Reserve “G” and Restricted Reserve“H” and being the northwest corner of the herein described tract;THENCE, North 87°13'18” East (Called North 89°56'30” East), along the south line of said HoustonMemorial gardens tract and along the north line of said Restricted Reserve ”H”, a distance of 782.44feet to a point in the west R.O.W. line of Zapalac Road (Called 40 feet wide) as recorded in Vol. 2, Pg.23 B.C.P.R. same being the northeast corner of the herein described tract, from which a found 5/8-inchiron rod bears South 75°15' East, 0.92 feet and a found 1/2-inch iron rode bears South 79°19' East,1.13 feet;THENCE, South 03°07'54” East (Called South 00°24'42” East), along said west R.O.W. line, a distanceof 1,141.41 feet to a found iron rod with illegible cap marking an angle point in said west R.O.W. lineand the southeast corner of the herein described tract;THENCE, North 87°14'29” West (Called South 89°57'41” West), at a distance of 5.13 feet passing afound 5/8-inch iron rod with illegible cap marking the northeast corner of the aforesaid called 6.5066acre tract and an angle point in said west R.O.W line, and continuing in all a total distance of 762.29feet to the POINT OF BEGINNING and containing 20.35 Acres (886,331 square feet) of land.MARCH 21, 2024