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Home My WebLink AboutR2026-016 20260112Docusign Envelope ID: 8098862D-ACFD-4202-B0B4-7CBAE34E5141 RESOLUTION NO. R2026-16 A Resolution of the City Council of the City of Pearland, Texas, approving the decertification of approximately 9.993 acres of land from the City of Pearland water CCN No. 11008 and City of Pearland sewer CCN No. 20403, being a tract or parcel containing 9.993 acres (435,303 square feet) of land, more particularly described as being all of Lot 56 in the Allison -Richey Gulf Coast Home Company's Subdivision of Section 81, a subdivision of record filed at Volume 2, Page 98, of the Brazoria County Plat Records, situated in the H.T. & B. R.R. Co. Survey, Abstract No. 300, City of Pearland, Brazoria County, Texas, and being all of a called 9.993 acre tract described in deed to Russell T. Rudy and Randall D. Rudy, as recorded and described by metes and bounds under Brazoria County Clerk's File No. 1997038764 (located south of Broadway Street, Pearland, Texas and east of SH 288); Consenting to the decertification of approximately 9.993 acres of land from the City of Pearland water CCN No. 11008 and City of Pearland sewer CCN No. 20403, on behalf of Randall D. Rudy and the Estate of Russell T. Rudy, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Randall D. Rudy and the Estate of Russell T. Rudy ("Owners") are the sole owners of approximately 9.993 acres of land in Brazoria County, more particularly described by the legal description attached hereto and made a part hereof for all purposes as Exhibit "A", and more graphically depicted and described in the survey map attached hereto and made a part hereof for all purposes as Exhibit "B" (the "Property"); and WHEREAS, the Property is located within City of Pearland Water Certificate of Convenience and Necessity No. 11008 ("City Water CCN") and City of Pearland Sewer Certificate of Convenience and Necessity No. 20403 ("City Sewer CCN"); and WHEREAS, the City of Pearland has the capacity to provide water and sewer however, it does not currently provide, and to the best of the Owner's knowledge, has never provided any water or sewer service to the Property. Moreover, the costs to extend water and sewer lines to the Owner's land would cost over one million dollars and less expensive alternatives are available through another utility provider; WHEREAS, the Owners of the Property are seeking to have the Property removed from the City Water CCN and City Sewer CCN in order to obtain water and sewer service elsewhere; and WHEREAS, the Owners plan to file a petition with the Public Utility Commission of Texas ("PUC") to remove the Property from the City Water CCN and City Sewer CCN; and 1 Docusign Envelope ID: 8098862D-ACFD-4202-B0B4-7CBAE34E5141 RESOLUTION NO. R2026-16 WHEREAS, the Owners are the only owners of the Property and would be the only persons affected by the removal of the Property from the City Water CCN and City Sewer CCN as a result of the PUC petition; and WHEREAS, the Property as described and depicted in Exhibits "A" and "B" accurately reflects the area requested to be removed from the City Water CCN and City Sewer CCN in the PUC petition. WHEREAS, the City of Pearland has no objection to the Property being removed from its City Water CCN and City Sewer CCN to facilitate the future development of the Property and supports the Owners in their petition with the PUC to remove the Property from the City Water CCN and City Sewer CCN. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City Council hereby consents to the amendment of the City Water CCN and City Sewer CCN by the PUC to remove and decertify the Property from the City Water CCN and City Sewer CCN and agrees to execute any further documents needed to help facilitate the removal of the Property from the City Water CCN and City Sewer CCN by the PUC. Section 2. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished. Section 3. The City Council of the City of Pearland finds and determines that the Resolution adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City's police powers. Section 4. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5. All rights and remedies, which have accrued in the favor of the City under this Resolution and its amendments thereto, shall be and are preserved for the benefit of the City. 2 Docusign Envelope ID: 8098862D-ACFD-4202-B0B4-7CBAE34E5141 RESOLUTION NO. R2026-16 Section 6. This Resolution shall become effective after its passage and approval. PASSED, APPROVED and ADOPTED this the 12th day of January, A.D., 2026. DocuSigned by: [22z2- J.r8OB8GBc2A475 KEVIN COLE MAYOR ATTEST: DocuSigned by: Fr'aim,Gs /L JM LV' FR rA5GUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: DocuSigned by: DALIlfiT 4bOOKER CITY ATTORNEY l*N EXHIBIT "A" FIELD NOTE DESCRIPTION OF LOT 56 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY'S SUBDIVISION OF SECTION 81 OF THE H. T. & B. RAILROAD COMPANY SURVEY, ABSTRACT 300, AS RECORDED IN VOLUME 2, PAGE 98 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT A BENT 3/4" IRON PIPE FOUND( REPLACED WITH A 5/8" IRON ROD) IN THE EAST LINE OF STATE HWY. 288, MARKING THE NORTHWEST CORNER OF HEREIN DESCRIBED LOT 56 AND THE SOUTHWEST CORNER OF LOT 55 OF SAID SUBDIVISION. SAID POINT OF BEGINNING BEING IN THE SOUTH LINE OF A DRAINAGE DITCH AND 19.0' NORTH OF A POWER LINE PARALLEL TO THE NORTH LINE OF HEREIN DESCRIBED TRACT. ALSO BEING IN THE CENTERLINE OF A 40' WIDE DEDICATED ROAD (UNIMPROVED). THENCE S. 89°47'46" E. WITH THE COMMON LINE OF LOT 55 AND 56 AND CENTERLINE OF SAID 40' ROAD AT 859.54 PASS A 1/2" IRON PIPE FOUND IN THE WEST LINE OF THE EXTENSION OF COUNTY ROAD 94, (DEDICATED AS 40' WIDE) BEING UNIMPROVED, CONTINUING FOR A TOTAL DISTANCE OF 879.54' (CALLED 880.00') TO A POINT MARKING THE COMMON CORNER OF LOT 55 AND 56 AND NORTHEAST CORNER OF HEREIN DESCRIBED TRACT. THENCE S. 00°13'20" W. WITH THE CENTERLINE OF SAID ROAD AND EAST LINE OF LOT 56 A DISTANCE OF 495.00' TO A POINT MARKING THE COMMON CORNER OF LOT 56 AND 57 AND SOUTHEAST CORNER OF HEREIN DESCRIBED TRACT. THENCE N. 89`47'46" W. WITH THE COMMON LINE OF LOT 56 AND 57 AT 30.00' PASS A 1-1/4" IRON PIPE FOUND IN THE WEST LINE OF SAID EXTENSION OF COUNTY ROAD 94, CONTINUING FOR A TOTAL DISTANCE OF 879.19' TO A POINT IN THE EAST LINE OF STATE HWY. 288, MARKING THE COMMON CORNER OF LOT 56 AND 57 AND SOUTHWEST CORNER OF HEREIN DESCRIBED TRACT. FROM WHICH A 6"X 6" CONCRETE MONUMENT FOUND LEANING DUE TO THE GROWTH OF A TREE, BEARS S. 00`10'52" W., 0.95'. THENCE N. 00"10'52" E. WITH THE EAST LINE OF LOT 56 AND EAST LINE OF STATE HWY. 288 A DISTANCE OF 495.00' TO THE POINT OF BEGINNING OF HEREIN DESCRIBED TRACT. CONTAINING 9.993 ACRES OF LAND. THE STATE OF TEXAS COUNTY OF BRAZORIA E DOLLY BAILEY, perk ethos Canty COM IR loll tor Bnyaa o•y, True do hereby cwr4N that Ihe nerlerwe wee FILED FOR RECORD end RECORDED In the OFFICIAL RECORD N the ben* and date as Stomped hereon by rne. V Caeq Out d Brawl" Ca, T% FILED FT? RECORD/ 97 0C1 31 PM 3:18 COUNTY rnVIN T y�y t�x�� ABBREVIATIONS /\ NNW LEGEND e � o UNE TYPE LEGEND IINIRESTOCIED RESERVE,' 0.093 ACRES 435,303 SO. FT. LEGAL OESCRIONON STANDARD LAND SURVEY 9.993 ACRES / 435,303 SQ. FT. BEING ALL OF LOT 56 IN ALLISON-RICHEY GULF COAST COMPANY'S SUBDIVISION OF SECTION 81 SITUATED IN THE H.T. 8 B. R.R. CO. SURVEY, ABSTRACT NO. 300 CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS Kimley»)Horn NO. DATE REVISION DESCRIPTION MAGNOLIA PARKWAY 0 300' 600' SCALE: 1"-300' CobbFendley TBPE Firm Registration No. 274 TBPLS Firm Registration No. 100467 1920 Country Place Parkway, Suite 400 Pearland, Texas 77584 281.993.4952 I fax 281.993.8086 www.cobbfendley.com 288 UTILITY EXTENSION WATER LINE & SANITARY SEWER