The URL can be used to link to this page

Home My WebLink AboutR2025-089 20250609RESOLUTION NO. R2025-89 A Resolution of the City Council of the City of Pearland, Texas, authorizing conveyance of certain real property 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 certain property attached hereto as Exhibit “A” and made a part hereof for all purposes, is hereby conveyed to LKPMD. PASSED, APPROVED and ADOPTED this the 9th day of June, 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: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 SPECIAL WARRANTY DEED (Lot 1 in Block 1 of Lower Kirby West Pond 2) 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 Ito / 100 Dollars (S10.00) 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 tract of real property situated in Harris County, Texas, together with all rights, titles, and interests appurtenant thereto and any and all improvements situated thereon (collectively, the "Property"), being more particularly described as follows: All of Lot One (1) in Block One (1) of the CITY OF PEARLAND DEVELOPMENT PLAT OF LOWER KIRBY WEST POND 2, a subdivision located in Harris County, Texas, according to the map or plat thereof recorded in Film Code No. 707004 of the Map Records of Harris County, Texas. 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"). 4905-1799-9171 v.1 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 gage.] -2- 4905-1799-9171 v.1 EXECUTED this THE STATE OF TEXAS COUNTY OF day of GRANTOR: CITY OF PEARLAND, TEXAS By: Name: Trent Eppers n Title: City Manager This instrument was acknowledged before me on the dayof g , 2025, by Trent Epperson, City Manager of the CITY OF PEARLAND, TEXAS, a municipal body politic and corporate, on behalf of said en (NOTARY SEAL) • � tow, LESLY bELGADQ.:.. `►I Y P�j� °' _Zo. ° '".$ a Notary Public, State of Texas =N • 7- Comm. Expires 04-01-2029 'e/*/1 �;+`* NotaryID 128978677 Sri ��...,,, NqlaY < ubli • ,Texas 1 4905-1799-9171 v.1 EXECUTED by Grantee on the date set forth in the acknowledgment below, but AGREED to, ACCEPTED/ and EFFECTIVE as of the date executed by Grantor. GRANTEE: LOWER KIRBY PEARLAND MANAGEMENT DISTRICT By: Name: Rotes Stc Title: ,.r/ ( r__e 4eresPil date/tit ATTEST: . By� Name: Title: THE STATE OF TEXAS COUNTY OF This instrument was ackrowled 2025, by f • hin Chia LOWER KIRBY PEARL D MANAGEMENT D TRICT, a political subdivision of the State of Texas, on behalf of said political I subdivision. before me on the a day of tier Pres)cte of the Board of Directors of (NOTARY SEAL) 411;i•FEV int s0 P44•0 0 CHERYL M. PANOZZO My Notary ID # 129667868 Expires January 8, 2026 • Not+ ' ublic, State of 49054799-9171 tir.1 After recording, please return to: Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 Attention: Real Estate Department 4905-1799-9171 v.1 te 'Li a'' 4 c wolir 71 0 e4 0 Date: GF#: Title Company: (including address) U nderwriter: (including address) S eller. Affiant: Property: DEBTS, LIENS AND POSSESSION AFFIDAVIT CH-1076602500103 Charter Title Company 1717 West Loop South, 12th Floor Houston, TX 77027 Fidelity National Title Insurance Company P.O Box 45023, Jacksonville, FL 32232-5023 CITY OF PEARLAND, TEXAS, a municipal body politic and corporate Trent Epperson, City Manager of the City of Pearland, Texas, a municipal body politic and corporate All of Lot One (1) in Block One (1) of the City of Pearland Development Plat of Lower Kirby West Pond 2, a subdivision located in Harris County, Texas, according to the map or plat thereof recorded in Film Code No. 707004 of the Map Records of Harris County, Texas. 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): N one 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): N one. 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): None. 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): N one. 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 DEBTS LIENS AND POSSESSION AFFIDAVIT (Texas) TXFNFTIF_AffidavitDebtsAndLiens (11-07) CFicrterTitli C 4914-8013-3443 v.1 DEBTS, LIENS AND POSSESSION AFFIDAVIT (Continued) 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): None. 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, a municipal boy r • lift' a, a yrporate By: Name: Trent Epperson Title: City Manager THE STATE OF TEXAS COUNTY OF s) x This instrument was acknowledged before me on the day of ! , 2025, by Trent Epperson, City Manager of the CITY OF PEARLAND, TEXAS, a municipal body politic and corporate, on behalf of said entity. (NOTARY SEAL) DEBTS LIENS AND POSSESSION AFFIDAVIT (Texas) TXFNFTIF_AffidavitDebtsAndLiens (11-07) ,i11a1/,e APSY. e LESLY DELGADO zi.**: otary Public, State of Texas r�' 1 �, Comm. Expires 04-01-2029 ' ° .S$ Notary ID 128978677 NotairPcru1rc, 'tte or i exas • • • CFi -er it4 Company 4914-8013-3443 v.1