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HomeMy WebLinkAboutR2026-047 20260223Docusign Envelope ID: DC54D69B-E480-4DBB-9653-61ACE2851BBB RESOLUTION NO. 2026-47 A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire: (1) a 0.3794 acre fee simple interest for a public road right-of-way and (2) a 0.0759 acre easement for public waterline and sanitary sewer improvements, both located in the Richard T. Blackburn Survey, Abstract Number 160, City of Pearland, Harris County, Texas, being a portion of that certain tract of land conveyed to W. Berrios Mechanical, LLC by an instrument of record under File Number RP -2018-533434 of the Official Public Records of Real Property of Harris County, Texas (H.C.O.P.R.R.P.); 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, purpose, and necessity exists for the location, construction, operation, and maintenance of a road right-of-way and waterline and sanitary sewer 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 real property; 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 road right-of-way and waterline and sanitary sewer improvements on certain real property located in Harris County, Texas. Section 2. The public convenience and necessity requires the acquisition of fee simple title for road right-of-way 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 public convenience and necessity requires the acquisition of an easement interest for waterline and sanitary sewer improvements by donation, purchase, condemnation, or otherwise, of certain real property located within the City and situated in Harris County, more particularly described in Exhibits "C" and "D", attached hereto and incorporated herein for all purposes. Section 4. 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 Docusign Envelope ID: DC54D69B-E480-4DBB-9653-61ACE2851BBB RESOLUTION NO. 2026-47 property interests, described in Exhibits "A" thru "D", either by donation, purchase or the exercise of the power of eminent domain. PASSED, APPROVED and ADOPTED this the 23rd day of February, A.D., 2026. c—DocuSigned by: --- 's.J7d1K7 totE MAYOR ATTEST: ,-DocuSigned by: Frati a -s Q�ltit(aV FR UILAR, TRMC, MMC CITY SECRETARY ,APEgRQYED AS TO FORM: dit-town,c,e, L7%10ff PROVINS CITY ATTORNEY 2 / A, ..... „di ",,....` Exhibit A Road June 12, 2025 LJAS001-2209-2044.102 DESCRIPTION OF 0.3794 ACRE (16,527 SQUARE FEET) Being 0.3794 acre (16,527 square feet) of land located in the Richard T, Blackburn Survey, A- 160, City of Pearland, Harris County, Texas, being a portion of that certain tract conveyed to W. Berrios Mechanical, LLC, by instrument of record in File Number RP -2018-533434, of the Official Public Records of Real Property of Harris County, Texas (H.C.O.P.R.R.P.), BEGINNING at a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for the northwest corner of the herein describe tract, same being the most northerly northwest corner of said W. Berrios Mechanical tract, the northeast corner of that certain called 2 acre tract conveyed to Wade Dickinson. Et Al by an instrument of record under File Number 20140000678, H.C.O.P.R.R.P., and on the southerly line of that certain called 107.621 acre tract conveyed to NMCRDC, L.P. & RAMLZM, L.P. by instrument of record under File Number RP -2017-180972, H.C.O.P.R.R.P., and described in Volume 2636 Page 607, H.C.D.R., from which a 1 -inch iron pipe found for the northwest corner of said 2 acre tract, same being a westerly corner of said 107.621 acre tract and on the east right-of-way line of Almeda School Road (60 feet wide) as described in Volume 650, Page 231, H.C.D.R., bears South 87° 27' 42" West, 315.68 feet; Thence, North 87° 27' 42" East, along the north line of said W. Berrios Mechanical tract common to a south line of said 107.621 acre tract, 330.52 feet to a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for the northeast corner of the herein described tract, same being the northeast corner of said W. Berrios Mechanical tract and an interior angle corner of said 107.621 acre tract; Thence, South 02° 34' 23" East, along the easterly line of said W. Berrios Mechanical tract, common to a westerly line of said 107.621 acre tract, 50.00 feet to a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for the southeast corner of the herein described tract; Thence, South 87° 27' 42" West, departing said common line, 330.56 feet to a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for the southwest corner of the herein described tract, said point lying on the east line of the aforementioned 2 acre tract, common to a westerly line of said W. Berrios Mechanical tract; Page 1 of 2 S:\Sectors\Survey\Projects\LJAS001 \2209\2044\07 Documents\Prelim M&B Green\0.3794 AC LTS M&B.doc June 12, 2025 0.3794 ACRE LJAS001-2209-2044.102 Thence, North 02° 31' 24" West, along said common line, 50.00 feet to the POINT OF BEGINNING and containing 0.3794 acre (16,527 square feet) of land. LJA Surveying, Inc. Page 2 of 2 S:\Sectors\Survey\Projects\LJAS001\2209\2044\07 Documents\Prelim M&B Green\0.3794 AC LTS M&B.doc Exhibit B Road 2 CALLED 107.621 ACRES (TRACT 3) NMCRDC, L.P. & RANLZM, L.P. FILE NUMBER RP -2017-180972 DESCRIBED IN VOL. 2636. PG. 607 --ORE—ONE —THE—ONE — ONE —oPE— .s2 ME ONE aIC I POLE wW —�—OW ONE ONE°XE ORE oHE—arc—aE— GA27 E aaO N 20 40 SCALE: 1"=20' CALLED 2 ACRES WADE DICKINSON. ET AL FILE NUMBER 20140000678 THIS SURVEY SUBSTANTIALLY COMPUES wn ME CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVETERS MANUAL OF PRACTICE REQUIREMENTS FOR A CATEGORY IA CONDITION 2, LAND TITLE SURVEY. DATED THIS THE 12TH DAY OF JUNE. 2025. PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. BENJAMIN A. LOWE REGISTERED PROFESSIONAL LAND SURVEYOR REGISTRATION NO. 6914, STATE OF TEXAS W. BERROS MECHANICAL, LLC. TLC NUMBER RP -2018-533434 DEED RECORDS OF HARR* COUNTY. TELLS MAP RECORDS OF HARRIS COUNTY, TEXAS orno, PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS VOLUME PACE IRON ROD CONTROLLING ...Nur srr a/S NCH IRON RCO WIRY GAP SOUPED 11.P. SENATE' PROPERTY UNE OVERHEAD ELECTRIC N CLEAR CREEK a RILEY ROAD SUBJECT /TRACT 0 FE VICINITY MAP 1" = 1000' ACE((HRo1k)G6 YWEE,UHAIAOANSAS; uumpunuu. ay A COMBNED SCALE FACTOR OF cussana6. NI COORDIN.ES SHOWN HEREON ARE ORD. 2. MS SURVEY WAS MADE IN ACCORDANCE 51111 LAWS AND/OR MINIMUM STANDARDS OF 100 STATE OF TECAC 3 Ms SURVEY WOE MRHM THE BENEFIT DF A Tmi COMMITMENT. A All MUTES STERN° THE PROPER, ENTER THROUGH ADJOINING FORDO STREETS AND/OR EAHAMENR Of s. NE x CY LOCATED (TEu. THE FEDERAL EMERGENCY wx z CURRENT ROOD INSUPMCE RATE kW FOR THE COMMUNITY IN MICH THE PROPMTY D. THERE ARE NO ENCROACHMENTS WO ADJOINING PZMISpEAp STREETZ. .ALLEY.I.BnImg gINJI,L0DIRZ. SHOWN HEREON. 7. 'MOE WAS NO OBSERVED PARKING SPACES ON THE PROPER'', 8. NOE W. NO OBSERVE° ENOENCE Of CURRENT EARTH MOVING WORK BUILDING CONSTRICTOR OR BUILDING ADDIDONS AT THE PROPERTY. B. STREET RICHT OF WAY UNES AF}ECTINC THE PROPER, HAVE NOT BEEN PROVIDED TO THE 10. TrIIR5nrE.40 OBMRVED EVIDENCE OF RECENT STREET OR SIDER. CONSTRUCTOR OR REPARS AcTECTNG IER.ALWAS NO DESERVED EVIDENCE Of USE Of TIE PROPERTY ASA SOLM RATE DUMP, SUMP OR SANITARY 12. THERE WERE NO OBSERVED CEMETERIES, BURK GROUNDS, ANEMOR DRAWS ATTECINIG,NE FRDPENT. 13. ALL Of THE 0.379A.RE TRACT, SHOWN HEREON, IS mmw TIE CRY OF PF0.1.1.113 cny puns. LAND TITLE SURVEY OF 0.3794 ACRE (16,527 SQUARE FEET) IN THE RICHARD T. BLACKBURN SURVEY, A-160 CITY OF PEARLAND HARRIS COUNTY, TEXAS JUNE 2025 JOB NO. 2209-2044 L JAI SURVEYING, INC. 3600 W Sam Houston Parkway S Phone 713.953.5200 Suite 175 Fax 713.953.5026 Houston, Texas 77042 TBPELS Firm No.10194382 Exhibit C July 3, 2025 LJAS001-2209-2045.300 DESCRIPTION OF 0.0759 ACRE WATERLINE AND SANITARY SEWER EASEMENT (10 FEET WIDE) Being 0.0759 acre (3,306 square feet) of land located in the Richard T. Blackburn Survey, Abstract Number 160, City of Pearland, Harris County, Texas, being a portion of that certain tract of land conveyed to W. Berrios Mechanical, LLC by an instrument of record under File Number RP -2018-533434 of the Official Public Records of Real Property of Harris County, Texas (H.C.O.P.R.R.P.), said 0.0759 acre tract being more particularly described by metes and bounds as follows (all bearings referenced to the Texas Coordinate System, South Central Zone (4204), NAD 83); COMMENCING for reference at a 3/4 inch iron pipe found for the northwest corner of a called 2 acre tract conveyed to Wade Dickinson, et al by an instrument of record under File Number 20140000678, H.C.O.P.R.R.P., same being a northwesterly exterior corner of a called 107.621 acre tract (Tract 3) conveyed to NMCRDC, L.P. and RAMLZM, L.P. by an instrument of record under RP -2017-180972, H.C.O.P.R.R.P. and further described in Volume 2636, Page 607 of the Deed Records of Harris County, Texas (H.C.D.R.), said point lying in the east right of way line of Almeda School Road, called 60 feet wide and recorded under Volume 650, Page 231, H.C.D.R.; Thence, North 87° 27' 42" East, along the north line of said 2 acre tract, common to a south line of said 107.621 acre tract, 315.68 feet to the northeast corner of said 2 acre tract, same being the north corner of said W. Berrios tract; Thence, South 02° 31' 24" East, departing a south line of said 107.621 acre tract and along the east line of said 2 acre tract, common to a west line of said W. Berrios tract, 50.00 feet to the northwest corner and POINT OF BEGINNING of the herein described tract; Page 1 of 2 S:\Sectors\Survey\Projects\LJAS001\2209\2045\07 Documents\WLE\0.0759 AC WL2 M&B.doc July 3, 2025 0.0759 ACRE LJAS001-2209-2045.300 Thence, North 87° 27' 42" East, departing said common line, 330.56 feet to the northeast corner of the herein described tract, said point lying in the east line of said W. Berrios tract, common to a northwesterly interior line of said 107.621 acre tract; Thence, South 02° 34' 23" East, along said common line, 10.00 feet to the southeast corner of the herein described tract; Thence, South 87° 27' 42" West, departing said common line, 330.57 feet to the southwest corner of the herein described tract, said point lying in the east line of said 2 acre tract, common to a west line of said W. Berrios tract; Thence, North 02° 31' 24" West, along said common line, 10.00 feet to the POINT OF BEGINNING and containing 0.0759 acre (3,306 square feet) of land. Corner monuments were not set at the client's request. Benjamin Lowe, RPLS Texas Registration No. 6944 LJA Surveying, Inc. Page 2 of 2 S:\Sectors\Survey\Projects\LJAS001\2209\2045\07 Documents\WLE\0.0759 AC WL2 M&B.doc Exhibit D - Utilities ine Easements \0.0759 Ac WLE 2.dwg 7/1/2025 ing Files\Base Files\Wa S. Sectors \Survey\Projects\LJAS001\2209 \2045\06 CAD\W 068- g NOTES: ALBERT VALENCIA FILE NUMBER RP -2018-134459 H.C.O.P.R.R.P. Line Table Line # Direction Length L1 S02° 31' 24"E 50.00' L2 S02° 34' 23"E 10.00' L3 NO2° 31' 24"W 10.00' P.O.C. FOUND 3/4" I.P. N87'27'42'E 315.68' CALLED 2 ACRES WADE DICKINSON, ET AL FILE NUMBER 20140000678 H.C.O.P.R.R.P. 1) ALL BEARINGS REFERENCED TO THE TEXAS COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. 2) CORNER MONUMENTS WERE NOT SET AT THE CLIENT'S REQUEST. CALLED 107.621 ACRES (TRACT 3) NMCRDC, L.P. & RAMLZM, L.P. FILE NUMBER RP -2017-180972 H.C.O.P.R.R.P. DESCRIBED IN VOL. 2636, PG. 607 H.C.D.R. S87'27'42W 330.57' LEGEND: H.C.D.R. H.C.M.R. H.C.O.P.R.R.P. 0.0759 ACRE (3,306 SQUARE FEET) W. BERRIOS MECHANICAL, LLC. FILE NUMBER RP -2018-533434 H.C.O.P.R.R.P. DEED RECORDS OF HARRIS COUNTY, TEXAS MAP RECORDS OF HARRIS COUNTY, TEXAS 0 100 200 SCALE: 1"=100' 0.0759 ACRE WATERLINE AND SANITARY SEWER EASEMENT (10 FEET WIDE) IN THE RICHARD T. BLACKBURN SURVEY ABSTRACT NUMBER 160 HARRIS COUNTY, TEXAS JULY 2025 JOB NO. 2209-2045 OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS PROPERTY LINE LJA\ SURVEYING, INC. 3600 W Sam Houston Parkway S Suite 175 Houston, Texas 77042 Phone 713.953.5200 Fax 713.953.5026 TBPELS Firm No. 10194382