HomeMy WebLinkAboutR2025-042-20250324 RESOLUTION NO. 2025-42 A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire a sewer utility easement, and a temporary construction easement interest (“Property Interests”) to certain property for sanitary sewer improvements; being all of those certain tracts or parcels containing 0.659 acre tract for sewer utility easement and 0.138 acre tract for a temporary construction easement on land described in a deed to T & B Alexander Family Ltd. Partnership as recorded in Clerk's File No. 99-056604 in the Brazoria County Clerk's Office and is part of Unrestricted Reserve "Q" in Green Tee Terrace, Section Two as recorded in Clerk's File No. D197840 in the Harris County Clerk's Office, for construction and maintenance of sewer utility 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 sewer utility 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 Property Interests; 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 sewer utility improvements on certain real property located in Harris County, Texas. Section 2. The public convenience and necessity requires the acquisition of Property Interests by donation, purchase, condemnation, or otherwise, of certain real property located within the City and situated in Harris 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 Interests, described in Exhibits “A” and “B”, either by donation, purchase or the exercise of the power of eminent domain. Docusign Envelope ID: 421E0EF5-54C5-45FD-8328-C82C100DDB93 RESOLUTION NO. 2025-42 2 PASSED, APPROVED and ADOPTED this the 24th day of March, A.D., 2025. _____________________________ J.KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: _____________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 421E0EF5-54C5-45FD-8328-C82C100DDB93 EXHIBIT \‘1 i r City of Pearland ##?—WTDC.Hall Survey 0.659 Acre Abstract No,23 City of Pearland Sewer Utility Easement No.12 T 8‘B Alexander Family Ltdi Partnership STATE OF TEXAS § COUNTY OF HARRIS § METES AND BOUNDS DESCRIPTlON of a 0.659-acre tract in the W.D C Hall Survey‘ Abstract No.23 in Harris County,Texas Said GEES-acre tract is in a 3 368—acre tract of land described in a deed to T &B Alexander Family Ltd.Partnership as recorded in Clerk‘s File No Bel-056604 in the Brazoria County Clerk‘s Of?ce and is part of Unrestricted Reserve “Q”in Green Tee Terrace,Section Two as recorded in Clerk‘s File No,D197840 in the Harris County Clerk‘s Office.Said 0.659eacre tract is more particularly described as follows: COMMENCING at a point in the southeasterly right»ofrway line of Green Tee Drivei(based on a width of EEO-feet).Said point is the northeast corner of said 3‘3687acre tract,same being the west corner of a tract of land described to Susan Smith Lenamon as recorded in Clerk‘s File No 2019016951 in the Brazorla County Clerk's Office; THENCE‘South 16“10‘36"East along the southeasterly line of said Green Tee Drive same being the nonhwesterly line of said 3.368—acre tract,for a distance of 2010 feet to a 5/8—inch iron rod set for the POlNT OF BEGiNNlNG and most northerly corner of the herein described tract Said point has a Texas State Plane grid coordinate of North 13,771,031852 East 3,163,829 45" THENCE,South 68°06‘46”East 207feet south of and parallel to the easterly line of said 3368- acre tract‘same being the westerly line of a 40—footwide Private Roadway Easement as recorded in Volume 1404.Page 398 in the Brazoria County Deed Records and is the westerly line of a 10'wide Houston Lighting 8.Power easement as recorded in Volume 145%Page 268 in the Brazoria County Deed Records,at a distance of 7513 feet pass the southeasterly line of the aforementioned Reserve “Q"and continue for a total distance of 22789 feet to a 5/B—inch iron rod set for corner; THENCE South 45°28’48”East,continuing 20—feetsouth of and parallel to the easterly line of a 5/87lnch iron rod set for corner.THENCE,South 32"30'38”East)continuing 20—feet south of and parallel to the easterly line ofsaid3EBB-acre tracti same being the westerly line of said 40-foot Wide Private RoadwayEasementforadistanceof40.68 feet to a 5/87inch iron rod set for an interior corner of thehereindescribedtract, THENCE,North 74°55‘46"East,at a distance of 2086 feet pass an interior corner of said 3 EBB-acre tract,said point is the southwesterly corner of the aforementioned Susan Smith Lenamon tract,and continue for a total distance of 246 76 feet to a 5/8Alnch iron rod set for the northeasterly corner of the herein described tract; THENCE,South 25“01‘30’East,at a distance of 177.65 feet pass a 5/87inch iron rod set for reference in the northerly high bank of Clear Creek and continue for a total distance of 23528 feet to a point in the flowlineof Clear Creek, THENCE,South 61“47‘06“West,along the flowlirie of said Clear Creek for a distance of 3005 feet to a point for corner, THENCE,North 25"O‘l’30”West,at a distance 0f 58.39 feet pass a S/B—inchiron rod set for reference in the northerly high bank of said Clear Creek and continue for a total distance of 211.76 feet to a SIB-inchiron rod set for an interior corner of the herein described tract', THENCE,South 74°55'46”West,for a distance of 235 35 feet to a 5/8‘ifl0h iron rod set for a southwesterly corner of the herein described tract THENCE,North 61“57‘22"West,for a distance of 300 52 feet to a 5/87inch iron rod set in the aforementioned southerly line of the Green Tee Drive,same being the northwesterly line of the aforementioned 3,368-acre tract and is in a curve to the left, THENCE,along the southerly line of said Green Tee Drive and with said curve to the left, having a radius of 330 00 feet,an included angle of 02"17’20"(chord bears North 17°19‘16’ East,1318 feet),for an arc length of 1318 feet to a 5/8—inchiron rod set for the point of tangency', THENCE,North 16°10’36“East,continuing along the southerly line of said Green Tee Drive, same being the northwesterly line of said 3 368-acre tract,for a distance of 2501 feet to POlNT OF BEGINNlNG,containing a computed area off)659»acre (28,685 square feet) NOTE: 1.The bearings,distances and grid coordinate shown hereon are based on the Texas Coordinate System of 1983,South Central Zone,Distances are surface.Scale factor:099987, 2 A separate Boundary Map has been prepared in connection with this metes and bounds description, 3.Set corners have been marked with Slavinch iron rods With plastic survey caps stamped,“Wilson Survey Group". LlMlNARV lt‘lS DOCUMLNT SHALL Ntil iii: The Wilson Survey Group,Inc.‘(ECORDFD i on ANY l’URl’tiSlfi Pearland,Texas 77581 Michael D,Wilson,R.P,L.S.281-485-3991TBPELS Firm No.10014900JobNo,23-120 Registration No 4821 ”2,£55Liam65:5WE$3FEES38%5231523,, 9‘ka£92300mimdx_DZSm<wmm0>550 31233.5L33US:5:;anéma1,38!:,5me.~223218Ev 25%3:53I: graziia332%“S:ca mmo?izmn25._«zo_mmEoE . ”SOMEwm>FJm703:5MEH ,2:3,3E,2 35252162.: {EéLM/zuu232%,:Z:4},295.5333,5294magExam,5N ,2”Jim 5::u57:meKEV:?aw”Ufmz?imuzfm?29,358338$?no3;; E2558€95:,8Sudmw;28%:1301322358«in2852%NEa 25"52v.“:553:5,.éx1 NHozEwsmm?E55E23 25%:noEu:2mm: E? g,mdmam:m?haka7.,coDmm.wa‘ma7:ONFHAND7Hu ‘0000%QKOIUm35<m"Ithm;(Emaw>m3u \4a,W!WEEMiaL zw atdmmamao,, a;Z.\wzu<$90,4as 5 NH,ozEmSmmEi\$52LV 55.; E35$>>mm4,,5, ????w,4mm55%B55.32“gnaw, n,,é?a,uuE: Au /55:5:mm /\,,”5,,"x,,5%: My“?22%,5‘ 9::as@ REEHEHCMnew,4?5,. 2,3asa 3,1,“ (9532m,un,,55wwwm?wwwé ( Jg.552.E5,a, is 2 ,ii?5,:2 do, a,w:52???” 1;,3,32.Kn 5,25,55,53 3,585.inLiSsEEmm5.135,223m:355$:115.2(5qu$3:ia:item‘su15E,,3?m:mmbmhmmnzb?m3::5%?m:m?thqm\,EDNBumsmbamwuzqkm?wza?mm2:\on,$35m2:gamma: EXHIBIT \Ir#6— 0,i 38 Acre Abstract No 23CityofPearlandW,D.C,Hall Survey City of Pearland Temporary Construction Easement T &B Alexander Family Ltd.Partnership STATE OF TEXAS § COUNTY OF HARRlS § METES AND BOUNDS DESCRiPTION of a 0,l38»acre tract in the WDC.Hall Survey, Abstract No.23 in Harris County,Texas,Said (MES-acre tract is in a 3,368—acre tract of land described in a deed to T &B Alexander Family Ltd Partnership as recorded in Clerk‘s File No. 99056604 in the Brazoria County Clerk‘s Office and is part of Unrestricted Reserve “Q“in Green Tee Terrace,Section Two as recorded in Clerk’s File No,D19784O in the Harris County Clerk’s Office,Said 0,138»acre tract is more particularly described as follows: COMMENCINGat a point in the southeasterly right-ot—wayline of Green Tee Drive,(based on a Width of (SO-feet)Said point is the northeast corner of said 3 SSS-acre tract,same being the west corner of a tract of land described to Susan Smith Lenamon as recorded in Clerk‘s File No. 20i9016951 in the Brazoria County Clerk‘s Office; THENCE,South 16°10’36"East,along the southeasterly line of said Green Tee Drive,same being the northwesteriy line of said 3.3687acre tract,for a distance of 20.10 feet to a 5/87inch iron rod set for the most northerly corner of a 0.661-acre proposed City of Pearland Sewer Utility Easement No 12; THENCE,South 68°06’46“East,207feet south of and parallel to the easterly line of said 3368— acre tract.same being the westerly line of a 40»foot Wide Private Roadway Easement as recorded in Volume 1404,Page 398 in the Brazoria County Deed Records and is the westerly line of a 10‘wide Houston Lighting &Power easement as recorded in Volume l457,Page 268 in the Brazoria County Deed Records,along an easterly line of said 0661 proposed City of Pearland Sewer Utility Easement No.12 at a distance of 75 l3 feet pass the southeasterly line of the aforementioned Reserve “Q”and continue for a total distance of 227 89 feet to a 5/8—inch iron rod set for corner, THENCE,South 45°28‘48"East,continuing 20-feet south of and parallel to the easterly line of 0 Got proposed City of Pearland Sewer Utility Easement No.12,fora distance of 37 lg feet to aSIB—inchiron rod set for comer,THENCE,South 32"30‘38”East,continuing ZOrfeet south of and parallel to the easterly line ofsaid3.368—acr'e tract,same being the westerly line of said 40-foot Wide Private RoadwayEasement,and the easterly line of said 0.661 proposed City of Peariand Sewer Utility EasementNo.l2 tor a distance Ohio 68 feet to a 5/B-inch iron rod set for corner, THENCE,North 74°55‘46”East,at a distance of 20 96 feet pass an interior corner of said 3,368-acre tract,said point is the southwesterly corner of the aforementioned Susan Smith Lenamon tract,and the easterly line of said 0.661 proposed City of Pearland Sewer Utility Easement No.12 and ccntinue for a total distance of 246 76 feet to a 5/8»inch iron rod set for corner; THENCE,South 25“01’30"East,along an easterly line of said 0661 proposed City of Pearland Sewer Utility Easement No 12 for a distance of 65.57 feet to a {SIS-inch iron rod set for the POINT OF BEGlNNlNG and westerly corner of the herein described tract.Said point has a Texas State Plane grid coordinate of North 1377092186,East 3,163,866 13’; THENCE,North 76°01‘54"East,for a distance of 37 34 feet to a S/B-inch iron rod set in the easterly line of the aforementioned 3 368-acre tract,Said point is in the southwesterly line of a 10.5BO—acretract of land,called Tract ll,as described in a deed to Forgotten Angels,lnc.as recorded in Clerk‘s File No.Y932675 in the Harris County Clerk's Office; THENCE,South 40°57‘07”East,along the easterly line of said 3 368-acre tract,same being the southwesterly line of said 10,5807acre tract for a distance of 114.72 feet to a 5/8-inch iron rod set for corner; THENCE,South 38°32’38"East,continuing along the easterly line of said 3368-acre tract, same being the southwesterly line of said 10.580-acre tract for a distance of 8.55 feet to a 5/8- inch iron rod set in the northerly high bank of Clear Creek; THENCE,South 76°01‘54“West,along the northerly high bank of said Clear Creek for a distance of 71.45 feet to a SIB-inch iron rod set in the easterly line of the aforementioned 0.661- acre City of Pearland Sewer Utility Easement No.12; THENCE,North 25“01’30”West,along the easterly line of said 0,661racre City of Pearland Sewer Utility Easement No.12 for a distance of 112 08 feet to the POlNT OF EEGlNNING, containing a computed area oft)1387acre (6,003 square feet). NOTE' 1,The bearings,distances and grid coordinate shown hereon are based on the Texas Coordinate System of 1983,South Central Zone Distances are surface.Scale factor:0 99987 A separate Boundary Map has been prepared in connection with this metes and bounds description. 3.Set corners have been marked with SIB-inch iron rods with plastic survey caps stamped,“Wilson Survey Group” l’Ht lliritNARY riiis o ‘urtiiui. Group,iii CORDH)L0H my Dun Pearland,Texas 7758128148573991T.B,P ELS Firm No.10014900JobNo,23-120 ALL Ntil [if i 5 Michael D,R.P.L,S.Registration No 4821 m<ka{P2300mEm<1 as":9.é:a:«i dz?m<um“*0EUn2,Su?.LEEzamE«NEE5:8 Guiana>513Emmi3.32;29..a;1£5426 3206he“;65 52:«$29EA mmo?iam “3&2ijz: ADOMO.mexM—Dm.4qu5NE, SEm:2 izo?mumomm0250%,; L 5;E5r _Ham2:Eon{scansFr,3in PZmEmmxxmZOFvaFmZOU >m<m0¢EH,Dz?mdxmumDCLOmxu<mmmd 6%:3.,.EEErwanm:3L22:(22:beau?“H004‘ b?w\Me?19/be»vif,3,.98b? 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