R2024-134 2024-07-22 RESOLUTION NO. 2024-134
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 road
improvements; all of that certain tract or parcel containing a 0.0352 acre (1,532
square feet) tract of land situated in the T.J. Green Survey, Abstract No. 198,
Harris County, Texas, and being out of and a part of Restricted Reserve "D" of
Amending Plat of Rehoboth Acres, a Plat recorded under Volume (Vol.) 22,
Page (Pg.) 85 of the Brazoria County Map Records (B.C.M.R.) and further being
part of the same called 1.148 acres tract described in a Confirmatory
Receiver's Deed conveyed from the Federal Deposit Insurance Corporation, as
Receiver for Washington Mutual Bank, formerly known as Washington Mutual
Bank, FA to JPMorgan Chase Bank, National Association and recorded under
Brazoria County Clerk's File Number (B.C.C.F. No.) 2009036030, of the Official
Public Records of Real Property of Brazoria County (O.P.R.O.R.P.B.C.),
Texas for construction and maintenance of 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 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 road 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
Docusign Envelope ID: 23096C5F-DD46-417E-B4B2-5EA1A94F366A
RESOLUTION NO. 2024-134
2
property interest, described in Exhibits “A” and “B”, either by donation, purchase or the exercise of
the power of eminent domain.
Docusign Envelope ID: 23096C5F-DD46-417E-B4B2-5EA1A94F366A
RESOLUTION NO. 2024-134
3
PASSED, APPROVED and ADOPTED this the 22nd day of July, 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: 23096C5F-DD46-417E-B4B2-5EA1A94F366A
1.1.Green Survey EXHIBIT Parcel No.1
Abstract No.198 0.0352 Acre (1,532 Sq.Ft.)
Brazoria County,'l'exas Page No.1 ot'2
Metes and Bounds Description
Being a 0.0352 acre (1,532 square feet)tract of land situated in the '1'.J.Green Survey,
Abstract No.198,Harris County,Texas,and being out of and a part of Restricted Reserve
“D”of Amending Plat of Rehoboth Acres,a Plat recorded under Volume (VOL)22.,Page
(Pg)85 of the Bra/.oria County Map Records (BrC.M.R.)and further being part of the same
called 1.148 acres tract described in a Contirmatory Receiver’s Deed conveyed from the
Federal Deposit Insurance Corporation,as Receiver for Washington Mutual Bank,formerly
known as Washington Mutual Bank,FA to JPMorgan Chase Bank,National Association and
recorded under Brazoria County Clerk’s File Number (B.C.C.1*'.No.)2009036030,of the
Official Public Records of Real Property of Brazoria County (()rl’.R.().R.1’.B.C.),Texas.
Sait10.0352 acre of land being more particularly described by metes and bounds as follows:
N 13,768,287.68 &11':3,156,385.29,found on the west line ot‘Restricted Reserve “13”of said
Amending Plat 01'Rehoboth Acres being the same tract conveyed to SW Broadway,LLC
recorded under B.C .1'".No.2006051701,same also being the common northeast corner of
Restricted Reserve ‘”of said Amending Plat of Rehohoth Acres being the same called
2.531 acres tract conveyed to SW Broadway,LLC recorded under B.C.C.F,No.20070241 15
and the southeast corner of said Restricted Reserve “D”;
THENCE,North 66°47'14”West,along the north line of said Restricted Reserve “C”and
the south line of said Restricted Reserve “1)”for a distance ot‘275.63 feet to a 5/8-inch iron
rod with “K110”cap having the Te 'State Plane Coordinates ofN:13,768,396.30 &
E:3,156,132.01 for the POIN'0F BEGINNING and the southeast corner ot‘the herein
described parcel;
'l'HENCE,North 66"47'14"West,continuing along said common line for a distance ot'6.35
feet to a point on the easterly Rightiof»Way (R.O.W.)line oi‘Peariand Parkway (140’
R.O.W.),recorded under B.C.C.F.No.1995008361 same also being the common northwest
corner ofsaid Restricted Reserve “C”and the southwest corner of said Restricted Reserve
“1)”and the herein described parcel;
'1‘11ENC11‘,North 41°52'06"1321sa ong the common easterly R.().W.line o1~said Pearland
Parkway and the westerly line ot aid Restricted Reserve “1)”for a distance of212.87 (bet to
Vol.297,Pg.396,Bra/oria County Deed Records (B.C.D.R.)for the northwest corner of saidRestrictedReserve“D”and the herein described parcel;THENCT South 66"46‘20“East,along the common northerly line of said RestrictedReserve1)and the southerly line of said Broadway Street tor a distance o1‘26.38 feet to aS/X—inehiron rod with “KUO”cap set for the northeast corner ot'thc herein described parcel;
'l‘..l.Green Survey Parcel No.1
Abs act No,198 0.0352 Acre (1,532 Stl,l"1.)
Hrazoria County,Texas Page No.2 012
THENCE,South 71°56'01“West,departing said common line,over and across said
Restricted Reserve “D”{or a distance of37.88 feet to a 5/8-inch iron rod with “K110"canset
for an angle point ot‘the herein described parcel;
THEN ‘1’,South 41°52‘06"West,continuing over and ac '5 said Restricted Reserve “D"
for a distance 01'186148 feet to the POINT OF BEGINNING and containing 0.0352 acre
(1,532 square feet)of land,more or less.
All bearings and distances are based on Texas State l’lane Coordinate System,South Central
Zone,NAD 83 (CORS‘JG),All distances are in surface,
The coordinates shown hereon are Texas South Central [one No.4204 State l’lane Grid
Coordinates (NADSE)and may be brought to surface by dividing by the combined scale
factor 0399870017,
A parcel plat ofeven date was prepared in conjunction with this property description.
Compiled By:
MW.
Shaheen Chowdhury,R.P.14,S.
Registered Professional Land Surveyor
Texas Reg.No.5858
Kuo &Associates,Inc.
10300 Westol'tice Drive,Suite 800
Houston,TX 77042
Pl].:(713)975—8769
TBPLS Firm Registration No.10075600
Date:October 2552023.
mXIE:..\1In?!
,in?
,_
,u8”:Ram
1:J3E"a.3,
,733‘?
in;