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HomeMy WebLinkAboutR2025-197 20251208RESOLUTION NO. R2025-197 A Resolution of the City Council of the City of Pearland, authorizing the use of Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) funds for the buyout acquisition of real property located at 2701 Green Tee Dr. (“Property”), to be demolished, owned, and maintained as greenspace in perpetuity by the City of Pearland. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City has received HMGP funding from FEMA for the purpose of acquiring repetitive flood loss residential properties in Pearland, and demolishing all structures on the properties and maintaining the remaining land as greenspace in perpetuity (“Mitigation Tasks”); and Section 2. That the City Manager or his designee is hereby authorized to allocate an estimated $314,798.81 (three hundred fourteen thousand, seven hundred and ninety eight dollars and eighty one cents) of federal and State of Texas government share of costs (“Reimbursable Costs”) for the Mitigation Tasks associated with the Property, to be reimbursed to the City by FEMA and the State of Texas in accordance with Senate Bill 7 of the 2019 Texas Legislature; and PASSED, APPROVED and ADOPTED this the 8th day of December, 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: A0AAB172-A93E-423D-95AD-FDAA31EED216 RP -2025-495182 12/16/2025 ER $49.00 NOTICE OF CONFIDENTIALITY RIGHTS. IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED (with Restricted Covenants) THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § RP -2025-495182 THAT, Pedro Aristides Rodriguez , a single man, hereinafter known as "Grantor" (whether one or more), for and in consideration of the sum of TEN AND NO/100 ($io.00) DOLLARS to Grantor paid by the City of Pearland, Texas, a municipal corporation and home rule city organized under the laws of the State of Texas ("Grantee"), having an address at 3519 Liberty Drive, Pearland, Texas 77581, the receipt and sufficiency of which is hereby acknowledged, has granted, sold and conveyed, and by these presents does grant, sell and convey unto the said Grantee, its successors and assigns, the following described property situated in Harris County, Texas, as more particularly described as: Lot Ten (10), in Block Six (6), of GREEN TEE TERRACE, SECTION ONE (1), a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 170, Page 28 of the Map Records of Harris County, Texas. The above described property conveyed shall include all right, title and interest, if any, of Grantor in and to, (1) any land lying in a street, road, tollway, accessway or easement (including any drainage or flood control easement) open or proposed, in front of, at the side of, adjoining, or within the above described property, (2) the bed and banks of any bayou, stream, canal or ditch adjoining or adjacent to the above described property, (3) all reversionary rights attributable to the above described property, and (4) all rights of ingress and egress to the above described property by way of open or dedicated roads and streets adjoining the property. This conveyance is made by Grantor and accepted by Grantee subject to all valid and subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions, rights -of -way and easements appearing of record in the Official Public Records of Real Property of Harris County, Texas, relative to the above -described property, but only to the extent the same are applicable to and enforceable against Grantee. This conveyance is further made subject to the restrictions and conditions contained of record and those in Exhibit "B" attached hereto and made part hereof. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns, forever, and Grantor does hereby bind himself, his, herself, her itself, its themselves, their, heirs, executors and administrators, its successors and assigns to Warrant and Forever Defend all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, subject to the reservations from and exceptions to warranty and conveyance described above. RP -2025-495182 IN WITNESS WHEREOF, these presents have been executed by Grantor this 1 eon day of December, 2025. GRANTOR Pedro Aristides ltodiJ1guez STATE OF TEXAS COUNTY OF GALVESTON 11.0v1 —This instrument was acknowled: before me on the day December, 2025, Pedro Aristides (Notary Seal) SHEBETTE BOMAN Notary Public STATE OF TEXAS ID. 10885198 My Comm. Exp. June 10.2029 2 blic, State of Te s RECORDED BY TEXAN TITLE COMMERCIAL DIVISION GF # ��� Exhibit A (FEMA Deed Restrictions) In reference to the property or properties ("Property") conveyed by the Deed between Pedro Aristides Rodriguez, participating in the federally -assisted acquisition project ("the Grantor"), and the City of Pearland, a municipal corporation and home rule city organized under the laws of the State of Texas, ("the Grantee"), its successors and assigns: WHEREAS, the Hazard Mitigation Grant Program ("HMGP"), as authorized in the Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5170c; and FEMA's implementing regulations can be found at 44 C.F.R. Part 206, subpart N (§§ 206.430-206.440); RP -2025-495182 WHEREAS, the mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; Whereas, the State has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency ("FEMA") and has entered into a mitigation grant program, Grant Agreement dated October 28, 2019 with FEMA, and herein incorporated by reference; making it a mitigation grant program grantee; Whereas, the City of Pearland, acting by and through the City Council, has applied for and been awarded federal funds pursuant to an agreement with the State dated December 19, 2019 ("State -Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; 3 Now, therefore, the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the Hazard Mitigation Grant (HMGP) program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State- local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: RP -2025-495182 Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. Structures. No new structures or improvements shall be erected on the Property other than: i. A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii. A public rest room; or iii. A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph 1.a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. 4 c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. Transfer. The Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. RP -2025-495182 The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does not include authority to control and enforce the terms and conditions of this section. iii. If title to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv. Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State, Tribe, or local government in the event that the transferee ceases to exist or loses its eligible status under this section. 5 2. Inspection. FEMA, its representatives and assigns including the state or tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years, the Grantee (mitigation grant program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award. RP -2025-495182 4. Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a. The State will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60 -day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. ii. FEMA, its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or 6 c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State, the Tribe, the local community, and their respective successors. 5. Amendment. This agreement may be amended upon signatures of FEMA, the state, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6. Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. [Signed by Grantor(s) and Grantee, witnesses and notarization in accordance with local law.] Grantor: RP -2025-495182 Pedro Aristides riguez 12/ 16/2©2S Date Grantee: City of Pearland Texas, a municipal corporation and home rule city organized under the laws of the State of Texas By: Gayl4' GilleApie, Acqution Manager Date Engineering & Public Works 7 RP -2025-495182 # Pages 8 12/16/2025 03:11 PM e -Filed & e -Recorded in the Official Public Records of HARRIS COUNTY TENESHIA HUDSPETH COUNTY CLERK Fees $49.00 RP -2025-495182 RECORDERS MEMORANDUM This instrument was received and recorded electronically and any blackouts, additions or changes were present at the time the instrument was filed and recorded. Any provision herein which restricts the sale, rental, or use of the described real property because of color or race is invalid and unenforceable under federal law. THE STATE OF TEXAS COUNTY OF HARRIS I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped hereon by me; and was duly RECORDED in the Official Public Records of Real Property of Harris County, Texas. COUNTY CLERK HARRIS COUNTY, TEXAS