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Home My WebLink AboutR2025-038 20250811RESOLUTION NO. R2025-38 A Resolution of the City Council of the City of Pearland, Texas, authorizing and creating the Smith Ranch Public Improvement District in accordance with Chapter 372 of the Texas Local Government Code; resolving other matters incident and related thereto; and providing an effective date. WHEREAS, the City of Pearland, Texas (the "City"), is authorized under Chapter 372 of the Texas Local Government Code, as amended (the "Act'), to create a public improvement district within its City limits or its extraterritorial jurisdiction ("ETJ"); and WHEREAS, on February 24, 2025, the owners of (1) taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located and (2) real property liable for assessment under the proposal who: (A) constitute more than 50 percent of all record owners of property that is liable for assessment under the proposal; or (B) own taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal (collectively, the "Petitioners"), submitted and filed with the City Secretary of the City (the "City Secretary") a petition ("Petition") requesting the establishment of a public improvement district for property within the corporate limits of the City; and WHEREAS, the Petition requested the creation of the Smith Ranch Public Improvement District (the "District'), which District is located within the corporate limits of the City and is more particularly described by metes and bounds in Exhibit A and depicted in Exhibit B (the "Property") each attached hereto and incorporated herein for all purposes; and WHEREAS, the City Council of the City (the "City Council") has investigated and determined that the facts contained in the Petition are true and correct; and WHEREAS, after publishing notice in the Reporter News, an official newspaper of general circulation in the City in which the District is located and mailing notice of the hearing, all as required by and in conformity with the Act, the City Council, conducted a public hearing on the advisability of the improvements and services on June 23, 2025; and WHEREAS, the City Council closed the public hearing on the advisability of the improvements and services on June 23, 2025. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AS FOLLOWS: Section 1. The findings set forth in the recitals of this Resolution are found to be true and correct. Section 2. The Petition submitted to the City by the Petitioners was filed with the City Secretary and complies with Section 372. 005 of the Act. Section 3. Pursuant to the requirements of the Act, including, without limitation, Sections 372.006, 372.009(a), 372. 009(b), and 372. 010, the City Council, after considering the Petition Docusign Envelope ID: 819DE57A-DA1A-471D-BE1D-72C93FE570B3 RESOLUTION NO. R2025-38 and the evidence and testimony presented at the public hearing on June 23, 2025, hereby finds and declares: (a) Advisability of the Proposed Improvements. It is advisable to create the District to provide the Authorized Improvements (as defined and described below). The Authorized Improvements are feasible and desirable and will promote the interests of the City and will confer a special benefit on the Property. (b) General Nature of the Authorized Improvements. The general nature of the proposed public improvements to be provided by the District that are necessary for the development of the Property within the District and which shall promote the interest of the City and confer a special benefit upon the Property, may include: (i) acquisition, construction, and improvement of wastewater improvements and facilities, (ii) payment of costs of establishing, administering, and operating the District, as well as the interest, costs of issuance, reserve funds, or credit enhancement of bonds issued for the purposes described in (i) (collectively, the "Authorized Improvements"). (c)Estimated Costs of the Authorized Improvements. The estimated total costs of the Authorized Improvements are $6,135,450, which costs shall be paid by assessment of the property owners within the proposed District. (d)Boundaries of the District. The District is proposed to include approximately 78.7676 acres of property generally located at the northwest corner of Smith Ranch Road and Hughes Ranch Road and within the corporate limits of the City, as more particularly described in the metes and bounds described in Exhibit A attached hereto and as more particularly depicted in Exhibit B attached hereto. (e)Proposed Method of Assessment. The City shall levy assessments on each parcel within the District to pay the cost of the Authorized Improvements in a manner that results in imposing equal shares of the cost on property similarly benefited. Each assessment may be paid in part or in full at any time (including interest) and certain assessments may be paid in annual installments (including interest). If allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessment and must continue for a period necessary to retire the indebtedness on those Authorized Improvements (including interest). (f) Apportionment of Costs. No City property in the District shall be assessed. The City will utilize other sources to pay for additional costs for the proposed improvements other than assessments of property owners. (g) Management of the District. The District shall be managed by the City, with the assistance of a consultant, who shall, from time to time, advise the City regarding certain operations of the District. Docusign Envelope ID: 819DE57A-DA1A-471D-BE1D-72C93FE570B3 RESOLUTION NO. R2025-38 (h)Advisory Board. The District shall be managed without the creation of an advisory body. Section 4. The Smith Ranch Public Improvement District is hereby authorized and created as a public improvement district under the Act in accordance with the findings of the City Council as to the advisability of the Authorized Improvements contained in this Resolution, the nature and the estimated costs of the Authorized Improvements, the boundaries of the District, the method of assessment, and the apportionment of costs as described herein; and the conclusion that the District is needed to fund such Authorized Improvements. Section 5. The City Council hereby authorizes and directs the City Secretary, on or before June 30, 2025, in accordance with the Act, to file a copy of this Resolution authorizing the District with the county clerk of each county in which all or part of the public improvement district is located. Section 6. Effective upon the date of the passage of this Resolution, the District shall be established. Section 7. This Resolution is effectively immediately from and after the date of its passage in accordance with law. [Execution page follows] Docusign Envelope ID: 819DE57A-DA1A-471D-BE1D-72C93FE570B3 RESOLUTION NO. R2025-38 PASSED, APPROVED and ADOPTED this the 11 th day of August, 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: 819DE57A-DA1A-471D-BE1D-72C93FE570B3 RESOLUTION NO. R2025-38 EXHIBIT A Legal Description Docusign Envelope ID: 819DE57A-DA1A-471D-BE1D-72C93FE570B3 RESOLUTION NO. R2025-38 EXHIBIT B PID Map Docusign Envelope ID: 819DE57A-DA1A-471D-BE1D-72C93FE570B3 01/17/2025 Allison-Richey Gulf Coast Home Subdivision in Section 85 H. T. & B.R.R. Company Survey, A-304, Brazoria County, Texas City of Pearland Smith Ranch Public Improvement District (PID) 78.732 Acres DESCRIPTION Of 78.732 acres of land situated in Section 85 of the H. T. & B. RR. Company Survey, Abstract 304, Brazoria County, Texas. Said 78.732 acres being out of Lots 1 through 6, Lots 11 and 12, all of Lot 15, and a portion of Lot 16 of the Allison-Richey Gulf Coast Home Subdivision, according to the plat thereof recorded in Volume (Vol.) 2, Page (Pg.) 107 of the Brazoria County Plat Records (B.C.P.R.). Said 78.732 acres being comprised of all or portions of the tracts listed below: 11.570 acres tract conveyed by Correction Instrument to Chan, LLC as recorded in Instrument Number (Inst. No.) 2021031720 of the Official Public Records of Brazoria County, Texas (O.P.R.B.C.T.); Two Acres tract conveyed by deed to Chris Mosely, as recorded in Inst. No. 201621224, O.P.R.B.C.T.; 1.000 acre tract conveyed by deed to ALIMAS PROPERTIES, LTD., as recorded in Inst. No. 2022056943, O.P.R.B.C.T.; 0.1858 acre tract conveyed by deed to Guillermo Proestakis, as recorded in Inst. No. 202138128, O.P.R.B.C.T.; 0.4579 acre tract conveyed by deed to Chay Ung, as recorded in Document Number (Doc. No.) 2011001608, O.P.R.B.C.T.; One Acre tract (Tract One) conveyed by deed to Carlos Lewis, Jr., Keith RoShawn Lewis, and Kevin Donnel Lewis, as recorded in Inst. No. 2023052312, O.P.R.B.C.T.; 1/2 – Acre (Tract Two) conveyed by deed to Carlos Lewis, Jr., Keith RoShawn Lewis, and Kevin Donnel Lewis, as recorded in Inst. No. 2023052312, O.P.R.B.C.T.; 0.78 acre tract (Tract #2) conveyed by deed to ALIMAS PROPERTIES, LTD., as recorded in Doc. No. 2006026952, O.P.R.B.C.T.; 1.0638 acres tract conveyed by deed to ALIMAS PROPERTIES, LTD., as recorded in Inst. No. 2013000516, O.P.R.B.C.T.; 0.563 acre tract conveyed by deed to ALIMAS PROPERTIES, LTD., as recorded in Inst. No. 2017024086, O.P.R.B.C.T.; 0.600 acre tract conveyed by deed to ALIMAS PROPERTIES, LTD., as recorded in Inst. No. 2017024086, O.P.R.B.C.T.; 0.42 acre tract conveyed by deed to ALIMAS PROPERTIES, LTD., as recorded in Doc. No. 2006024212, O.P.R.B.C.T.; 01/17/2025 Allison-Richey Gulf Coast Home Subdivision in Section 85 H. T. & B.R.R. Company Survey, A-304, Brazoria County, Texas 0.455 acre tract (Tract 1) conveyed by deed to ALIMAS PROPERTIES, LTD., as recorded in Inst. No. 2022023392, O.P.R.B.C.T.; 0.455 acre tract (Tract 2) conveyed by deed to ALIMAS PROPERTIES, LTD., as recorded in Inst. No. 2022023392, O.P.R.B.C.T.; 1.33 acres tract conveyed by deed to ALIMAS PROPERTIES, LTD., as recorded in Doc. No. 2007004403, O.P.R.B.C.T.; 1.00 acre tract (Tract #1) conveyed by deed to ALIMAS PROPERTIES, LTD., as recorded in Doc. No. 2006026952, O.P.R.B.C.T.; 0.08 acre tract conveyed by deed to ALIMAS PROPERTIES, LTD., as recorded in Doc. No. 2007004403, O.P.R.B.C.T.; 10 acres (Lot 15) conveyed by deed to Nizam M. Meah and Jesmin R. Meah, as recorded in Doc. No. 2001001387, O.P.R.B.C.T.; 2.0243 acres tract conveyed by deed to ALIMAS PROPERTIES, LTD., as recorded in Doc. No. 2011026943, O.P.R.B.C.T.; 0.9182 acre tract conveyed by deed to ALIMAS PROPERTIES, LTD., as recorded in Doc. No. 2006054005, O.P.R.B.C.T.; 0.3329 acre tract conveyed by deed to Massoud Motamedi, as recorded in Doc. No. 2006006751, O.P.R.B.C.T.; 1.6671 acres tract conveyed by deed to Massoud Motamedi, as recorded in Doc. No. 2005000485, O.P.R.B.C.T.; 2.00 acres tract conveyed by deed to ALIMAS PROPERTIES, LTD., as recorded in Doc. No. 2006063236, O.P.R.B.C.T.; 2.0000 acres tract conveyed by deed to ALIMAS PROPERTIES, LTD., as recorded in Inst. No. 2013008474, O.P.R.B.C.T.; 1.004 acres tract conveyed by deed to Huong T. Tran, as recorded in Doc. No. 2020059552, O.P.R.B.C.T.; 0.53 acre tract conveyed by deed to Larry Gehring and John Gehring, as recorded in Inst. No. 2009034899, O.P.R.B.C.T.; 3.347 acres tract conveyed by deed to John Gehring, as recorded in Vol. 1537, Pg. 93, B.C.D.R., O.P.R.B.C.T.; 5.00 acres tract conveyed by deed to John Gehring, as recorded in Vol. 1522, Pg. 879, B.C.D.R., O.P.R.B.C.T.; Called 100’ x 150’ tract conveyed by deed to Southwestern Bell Telephone Company, as recorded in Vol. 1692, Pg. 678, B.C.D.R., O.P.R.B.C.T.; 01/17/2025 Allison-Richey Gulf Coast Home Subdivision in Section 85 H. T. & B.R.R. Company Survey, A-304, Brazoria County, Texas Remainder of Lots 1 & 2 Allison-Richey Gulf Coast Home Company subdivision, conveyed by deed to Richard Lee Atcheson and wife Tessy A. Atcheson, as recorded in Doc. No. 1994037405, O.P.R.B.C.T.; 8.000 acres tract (Tract I) conveyed by deed to Sontrin Apartments, LLC, as recorded in Inst. No. 2022018081, O.P.R.B.C.T.; Called (Tract II) conveyed by deed to Sontrin Apartments, LLC, as recorded in Inst. No. 2022018081, O.P.R.B.C.T.; Remainder of the West half of Lot 11, Allison-Richey Gulf Coast Home Co., conveyed by deed to Phuong Pham and Hiep Pham, as recorded in Inst. No. 2016007641, O.P.R.B.C.T.; Said 78.732 acres being more particularly described by metes and bounds as follows; (Bearings based on Texas State Plane Coordinates, South Central Zone 4204, NAD83) BEGINNING at the southwest corner of the herein described tract, same being the northwest corner Pearland Office Park, Block 1, Lot 1 according to the plat thereof recorded under Doc. No. 2018021087 of the B.C.P.R., same corner being at the intersection of the south line of said 11.570 acres and the east right-of-way line of Smith Ranch Road (R.O.W. Varies – Vol.2, Pg.107- Inst. Nos. 2018021087, 2022057920, 2022001233, O.P.R.B.C.T.),; THENCE North 03° 14’ 38” West along the east right-of-way of Smith Ranch Road and across said 11.570 acres, pass a distance of 278.79 feet the common line of said 11.570 acres and said Two Acres, pass a distance of 494.93 feet the north line of said Two Acres, pass a distance of 535.07 feet the south line of said 0.1858 acre, pass a distance of 594.30 feet the common line of said 0.1858 acre tract and said 0.4579 acre tract, pass a distance of 742.41 feet the common line of said 0.4579acre tract and said 0.563 acre tract, pass a distance of 1252.19 feet the common line of said 0.9182 acre tract and said 0.3329 acre tract, and continuing along the east right-of-way line of Smith Ranch Road for a total distance of 1,263.31 feet to a point for corner; THENCE North 86° 45’ 22” East a distance of 8.00 feet continuing along the right-of-way line of said Smith Ranch Road to a point for corner; THENCE North 03° 14’ 38” West along the east right-of-way of Smith Ranch Road, pass a distance of 294.62 feet the common line of said 1.004 acres tract and said 0.53 acre tract, pass a distance of 386.42 feet the common line of said 0.53 acre tract and said 3.347 acres, and continuing along the east right-of-way line of Smith Ranch Road for a distance of 417.42 feet to a point for the beginning of a curve to the right; THENCE across said 3.347 acres, continuing along the east right-of-way of Smith Ranch Road with said curve having a radius of 1,942.00 feet, a central angle of 04° 03’ 08”, a chord bearing and distance of North 01° 13’ 04” West – 137.32 feet and an arc length of 137.35 feet to a point of reverse curve; THENCE along said curve having a radius of 2,058.00 feet, a central angle of 04° 03’ 08”, a chord bearing and distance of North 01° 13’ 04” West – 145.52 feet and an arc length of 145.55 feet to a point of tangent; 01/17/2025 Allison-Richey Gulf Coast Home Subdivision in Section 85 H. T. & B.R.R. Company Survey, A-304, Brazoria County, Texas THENCE North 03° 14’ 38” West continuing along the east right-of-way of said Smith Ranch Road, pass a distance of 11.46 feet the common line of said 5.00 acres tract and said 100’ by 150’ Southwestern Bell Telephone Company tract for a total distance of 227.71 feet to a point for the beginning of a curve to the right; THENCE continuing along the east right-of-way of Smith Ranch Road with said curve having a radius of 982.00 feet, a central angle of 02° 44’ 58”, a chord bearing and distance of North 01° 52’ 09” West – 47.12 feet and an arc length of 47.12 feet to a point for corner; THENCE South 89° 30’ 20” West a distance of 8.00 feet continuing along the right-of-way line of said Smith Ranch Road to a point for the beginning of a non-tangent curve to the right; THENCE continuing along the right-of-way line of said Smith Ranch Road with said curve having a radius of 990.00 feet, a central angle of 17° 54’ 18”, a chord bearing and distance of North 08° 27’ 29” East – 308.12 feet and an arc length of 309.38 feet to a point of point of reverse curve; THENCE along said curve having a radius of 1,090.00 feet, a central angle of 15° 32’ 26”, a chord bearing and distance of North 09° 38’ 26” East – 294.74 feet and an arc length of 295.65 feet to a point for corner; THENCE along the southeast cut-back lines of said Smith Ranch Road right-of-way (Inst. No. 20180378686, O.P.R.B.C.T.), common with the northwest lines of the herein described tract, the following courses and distances; North 86° 30’ 57” East a distance of 11.95 feet to a point; North 03° 04’ 07” West a distance of 18.87 feet to a point; North 41° 23’ 04” East a distance of 48.75 feet to a point; North 86° 19’ 35” East a distance of 17.95 feet to a point; North 03° 24’ 55” West a distance of 29.71 feet to a point for corner in the south right-of-way line of Hughs Ranch Road (R.O.W. Varies); THENCE North 86° 23’ 42” East a distance of 636.54 feet continuing along the south line of said Hughs Ranch Road and the north line of said remainder of Lots 1 & 2 Allison- Richey Gulf Coast Home Company subdivision tract to an angle point at the northeast corner of said Lot 1 and the northwest corner of said Lot 11; THENCE North 86° 40’ 19” East a distance of 440.00 feet continuing along the south line of said Hughs Ranch Road and the north line of said remainder of west half of Lot 11 tract and north line of said Tract II of Sontrin Apartments, LLC tract to a point for the northwest corner of Lot 8 of Serene Gardens according to the plat thereof recorded under Doc. No. 2012007617, O.P.R.B.C.T., THENCE South 03° 14’ 39” East a distance of 940.64 feet along the east line of the herein described tract and the west line of said Serene Gardens to a point for corner in the north line of said Lot 13; THENCE South 86° 45’ 21” West a distance of 440.00 feet along the common line of Lots 12 & 13 of said Allison-Richey Gulf Coast Home Company subdivision to a point for corner; 01/17/2025 Allison-Richey Gulf Coast Home Subdivision in Section 85 H. T. & B.R.R. Company Survey, A-304, Brazoria County, Texas THENCE South 03° 14’ 39” East a distance of 985.10 feet along the east line of said 5.00 acres John Gehring tract and said 3.347 acres John Gehring tract and the 2.0000 acres Alimas tract, same being the west line of Lots 13 & 14 of said Allison-Richey Gulf Coast Home Company subdivision to a point for the southwest corner of said Lot 14 and the northwest corner of Lot 15 of said Allison-Richey Gulf Coast Home Company subdivision to a point for corner; THENCE North 86° 45’ 21” East a distance of 880.00 feet along the north line said of said 10 acres Nizam M. Meah and Jesmin R. Meah tract to the northeast corner of said Lot 15; THENCE South 03° 14’ 39” East a distance of 495.00 feet along the east line of said Lot 15 to the southeast corner of said 10 acres Nizam M. Meah and Jesmin R. Meah tract, same being the northeast corner of a called 4.22 acres tract conveyed by deed to Nizam M. Meah and wife Jesmin R. Meah as recorded in Doc. No. 2004068796, O.P.R.B.C.T.; THENCE South 86° 45’ 21” West a distance of 880.00 feet along the common line of Lots 15 & 16 of said Allison-Richey Gulf Coast Home Company subdivision to a point for corner; THENCE South 03° 14’ 39” East a distance of 214.47 feet along the west line of said 4.22 acres tract to a point for corner in the north line of said 11.570 acres Chan LLC tract; THENCE North 86° 45’ 21” East a distance of 880.00 feet along the common line of said 4.22 acres and 11.570 acres to a point for corner; THENCE South 03° 14’ 39” East a distance of 280.53 feet along the east line of said 11.570 acres Chan LLC tract to a point for the southeast corner of the herein describe tract, same being the northeast corner of Reserve “B”, Block 2 of said Pearland Office Park; THENCE South 86° 45’ 21” West a distance of 1720.00 feet along the south line of said 11.570 acres and the north line of said Pearland Office Park to the PLACE OF BEGINNING of the herein described tract of land and containing within these calls 79.732 acres or 3,473,144 square feet of land. SAVE AND EXCEPT that certain called 1.000 acre tract conveyed by deed to Paul M. Edwards and Josephine Edwards, as recorded in Vol. 1492, Pg. 872, Brazoria County Deed Records (B.C.D.R.), O.P.R.B.C.T.; for a net area of 78.732 acres or 3,429,584 square feet of land. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Benjamin Lowe, RPLS Texas Registration No. 6944 LJA Surveying, Inc. enjamin Lowe RRRRRRPLS L1C1C2C3L2 L3 L4L5 L6 L7N03°14'38"W 1263.31'N03°14'38"W 227.71'D=017° 54' 18" R=990.00' L=309.38' CH=N08°27'29"E 308.12 D=015° 32' 26" R=1090.00' L=295.65' CH=N09°38'26"E 294.74 N86°23'42"E 636.54'N86°40'19"E 440.00'S03°14'39"E 940.64'S86°45'21"W 440.00'S03°14'39"E 985.10'N86°45'21"E 880.00'S03°14'39"E 495.00'S86°45'21"W 880.00'S03°14'39"E 214.47'S86°45'21"W 1720.00'N03°14'38"W 417.42'N86°45'21"E 880.00'S03°14'39"E 280.53'Line Table Line # L1 L2 L3 L4 L5 L6 L7 Direction N86° 45' 22"E S89° 30' 20"W N86° 30' 57"E N03° 04' 07"W N41° 23' 04"E N86° 19' 35"E N03° 24' 55"W Length 8.00' 8.00' 11.95' 18.87' 48.75' 17.95' 29.71' Curve Table Curve # C1 C2 C3 Arc Length 137.35' 145.55' 47.12' Radius 1,942.00 2,058.00 982.00 Delta 4°03'08" 4°03'08" 2°44'58" Chord Bearing N01° 13' 04"W N01° 13' 04"W N01° 52' 09"W Chord Distance 137.32' 145.52' 47.12' INC., City of Pearland Smith RanchPublic Improvement District (PID)78.732 AcresH.T. & B.R.R. CO. SURVEY, A-304BRAZORIA COUNTY, TEXAS JANUARY 16, 2025 JOB NO. S001-1957-2000.000 l-m mammu: m .u WW!) A am.mm W awrwgmz ».a ma Wmm’m m x zw‘m «mauummm mm:lunch Public Impmwmum NIH-M (Pm) a was El Nahum