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HomeMy WebLinkAboutR2026-048 20260223Docusign Envelope ID: DC54D69B-E480-4DBB-9653-61ACE2851BBB RESOLUTION NO. 2026-48 A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire: (1) a 0.0382 acre fee simple interest for a public road right-of-way, (2) a 0.0332 acre fee simple interest for drainage improvements, and (3) a 0.0414 acre easement for a public waterline and sanitary sewer, all three of which are situated in the James Hamilton Survey, Abstract No. 876, City of Pearland, Harris County, Texas, being a portion of that certain called 2.600 acre tract conveyed to County of Harris by an instrument of record under File Number 20080554490 of the Official Public Records of Real Property of Harris County, Texas, said tract being a portion of Lot 191/2, Block F, of the Allison Richey Gulf Cost Home Co's Part of Suburban Gardens Subdivision recorded in Volume 3, Page 40 of the Map Records of Harris County; 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, drainage improvements and a 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, purpose, and necessity exists for the construction of road right-of-way, drainage improvements, 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, drainage 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 "A" and "B", attached hereto and incorporated herein for all purposes. Section 2. The public convenience and necessity requires the acquisition of an easement for waterline and sanitary sewer improvements by donation, purchase, condemnation, or Docusign Envelope ID: DC54D69B-E480-4DBB-9653-61ACE2851BBB RESOLUTION NO. 2026-48 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 3. 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 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: Z-12 C— J-2r80B85N8BC A 7CO5 . KEVILE MAYOR ATTEST: DocuSigned by: Frati a -s airitair ssEesa�rrr4is FRANCES AGUILAR, TRMC, MMC CITY SECRETARY EMayED AS TO FORM: LA ERdt"G. PROVINS CITY ATTORNEY 2 Exhibit A July 24, 2025 LJAS001-2209-2044.102 DESCRIPTION OF 0.0714 ACRE Being 0.0714 acre (3,110 square feet) of land located in the James Hamilton Survey, A - 876, City of Pearland, Harris County, Texas, being a portion of Lot 19 1/2, Block F of the Allison Richey Gulf Coast Home Co's Part of Suburban Gardens, a subdivision of record in Volume 3, Page 40 of the Map Records of Harris County, Texas (H.C.M.R.), said 0.0714 acre tract also being a portion of that certain called 2.600 acre tract conveyed to County of Harris by an instrument of record under File Number 20080554490 of the Official Public Records of Real Property of Harris County, Texas (H.C.O.P.R.R.P.) said 0.0714 acre tract being more particularly described by metes and bounds in two (2) parts as follows (all bearings referenced to the Texas Coordinate System, South Central Zone (4204), NAD 83, 2011 Adjustment); PART 1 — 0.0382 ACRE COMMENCING at a 5/8 inch iron rod found for the southwest corner of the remainder of that certain called 9.8571 acre (Tract 6) conveyed to Wellcom Biotech, Inc. by an instrument of record under File Number RP -2021-567650, H.C.O.P.R.R.P., said point lying at the intersection of the north right-of- way line of Riley Road, called 60 feet wide and recorded under said Volume 3 at Page 40, H.C.M.R., Volume 3354, Page 479 and Volume 3354, Page 482 of the Deed Records of Harris County, Texas (H.C.D.R.) and the east right-of-way line of Del Papa Street (unimproved), called 60 feet wide and recorded under said Volume 3 at Page 40, H.C.M.R., from which a 5/8 -inch iron rod with cap stamped "LJA SURVEY" previously set for the southwest corner of that certain called 1.283 acre tract (Part 2) conveyed to Lower Kirby Pearland Management District by an instrument of record under File Number RP -2023-213148, H.C.O.P.R.R.P., bears North 87° 26' 40" East, 621.86 feet; Thence, North 02° 15' 18" West, departing the north right-of-way line of said Riley Road, and along the east right-of-way line of said Del Papa street, common to the west line of said 9.8571 acre tract, 629.86 feet to the northwest corner of said 9.8571 acre tract, same being the southwest corner of said 2.600 acre tract and the POINT OF BEGINNING of the herein described tract, from which a found 5/8 - inch iron rod (bent) bears North 30°01'32" West, 1.1 feet; Thence, North 02° 13' 05" West, continuing along the west line of said 2.600 acre tract common to the east right-of-way line of said Del Papa, 180.29 feet to the northwest corner of said 2.600 acre Page 1 of 3 S:\Sectors\Survey\Projects\LJAS001\2209\2044\07 Documents\0.0714 AC LTS M&B.docx 0.0714 ACRE July 24, 2025 LJAS001-2209-2044.102 tract, same being the southwest corner of that certain called 11.483 acre tract (Tract 1) conveyed to Healgen Scientific LLC by an instrument of record under File Number RP -2022-6080, H.C.O.P.R.R.P.; Thence, North 87° 26' 20" East, departing the east right-of-way line of said Del Papa Street and along the north line of said 2.600 acre tract, common to the south line of said 11.483 acre tract, 9.19 feet to a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for corner; Thence, South 02° 14' 28" East, departing said common line, 180.28 feet to a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for corner, said point lying on the south line of said 2.600 acre tract, common to the north line of the aforementioned 9.8571 acre tract, from which a chiseled "X" in concrete found for the northwest corner of the aforementioned 1.283 acre tract bears North 87° 25' 01" East, 611.65 feet; Thence, South 87° 25' 01" West, along said common line, 9.26 feet to the POINT OF BEGINNING and containing 0.0382 acre (1,664 square feet) of land. PART 2 — 0.0332 ACRE BEGINNING at a 5/8 inch iron rod with cap stamped "LJA SURVEY" found for the west corner of that certain called 4.66 acre tract conveyed to Jacqyuilyn Johnson by an instrument of record under File Number RP -2019-231084, H.C.O.P.R.R.P., same being the northeast corner of said 2.600 acre tract and the herein described tract; Thence, South 02° 33' 32" East, along the west line of said 4.66 acre tract, common to the east line of said 2.600 acre tract, 101.01 feet to the southwest corner of said 4.66 acre tract, same being the northwest corner of that certain called 0.9167 acre tract conveyed to Wellcom Biotech, Inc. by an instrument of record under File Number RP -2021-567650, H.C.O.P.R.R.P.; Thence, South 02° 33' 16" East, along the west lines of said 0.9167 acre tract, that certain called 0.129 acre tract conveyed to Jacquilyn Johnson by an instrument of record under File Number RP -2019- 231084, H.C.O.P.R.R.P., common to the east line of said 2.600 acre tracT, 79.03 feet to the southwest corner of said 0.129 acre tract, same being the southeast corner of said 2.600 acre tract and the herein described tract, said point lying in the north line of that certain called 1.283 acre tract, Part 2, conveyed Page 2 of 3 S:\Sectors\Survey\Projects\LJAS001\2209\2044\07 Documents\0.0714 AC LTS M&B.docx 0.0714 ACRE July 24, 2025 LJAS001-2209-2044.102 to Lower Kirby Pearland Management District by an instrument of record under File Number RP -2023- 213148, H.C.O.P.R.R.P.; Thence, South 87° 25' 01" West, along the north line of said 1.283 acre tract, common to the south line of said 2.600 acre tract, 8.37 feet to a chiseled "X" found for the northwest corner of said 1.283 acre tract, same being the northeast corner of that certain called 9.8571 acre tract, Tract 6, conveyed to Wellcom Biotech, Inc. under said File Number RP -2021-567650, H.C.O.P.R.R.P. and for the southwest corner of the herein described tract, from this corner a 5/8 inch iron rod with cap stamped `LJA SURVEY" found for the southeast corner of said 9.8571 acre tract, same being the southwest corner of said 1.283 acre tract, and in the north right of way line of aforementioned Riley Road bears South 02° 20' 27" East, 630.16 feet; Thence, North 02° 20' 20" West, departing the south line of said 2.600 acre tract, 180.05 feet to a 5/8 inch iron rod with cap stamped "LJA SURVEY" set for the northwest corner of the herein described tract, said point lying in the south line of the aforementioned 11.483 acre tract, common to the north line of said 2.600 acre tract; Thence, North 87° 26' 20" East, along said common line, same being the north line of the herein described tract, 7.69 feet to the POINT OF BEGINNING and containing 0.0332 acre (1,446 square feet) of land. Said Part 1 and Part 2 combining for a total area of 0.0714 acre (3,110 square feet) of land. 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 Lowe, RPLS Texas Registration No. 6944 LJA Surveying, Inc. Page 3 of 3 S:\Sectors\Survey\Projects\LJAS001\2209\2044\07 Documents\0.0714 AC LTS M&B.docx Exhibit B gS A PART iJ 0.0382 ACRE (1,664 SQUARE FEET) BRs 7.0.500PA. HEALGEN SCIENTIFIC LLC CALLED 11.483 ACRES (TRACT 1) FILE NUMBER RP -2022-6080 LOT 19 1/2 s) AWSON RICHEY GULF COAST HOME CO'S PMT OF SUBURBAN GARDENS VOL. 3, PG. 40 0.17 Bar 25. 01'W SOT 20.2-rE NET° SEP 20.E LOT 19 1/2 LOT 30 LOT 30 1/2 /FOUND 5/B" IR W/CAP ELOTSIBLE) (CM) THIS SURVEY SUBSTANTIALLY COI.IPUES AITIA THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS MWUAL OF PRACTICE REQUIREMENTS FOR A CATEGORY 1A. COMIRION 2. LAND TIRE SURVEY. TATTED THIS THE 18TH 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 H0. 6944. STATE OF TEXAS COUNTY OF HARRIS CALLED 2.600 ACRES FILE NUMBER 20080554490 WELLCOM BIOTECH, INC. CALLED 9.8571 ACRES (TRACT 6) FILE NUMBER RP -2021-567650 N 87'26'40" E 621.86' V RILEY ROAD (60' WIDE) VOLUME 3, PAGE 40 (5) • '• CONCRETE PART 2 0.0332 ACRE, (1,446 SQUARE FEET) •• FND CHISELED 'B l• I. ° L6 LOWER KIRBY PEARLAND MANAGEMENT DISTRICT CALLED 1.6895 ACRES FILE NO. RP -2023-213147 PAM. FRO 5/B° IR W CAP • JACOUILYN JOHNSON CALLED 4.66 ACRES .FILE NUMBER RP -2019-231084 • • WELLCOM BIOTECH, INC. . • CALLED 0.9167 ACRES (TRACT 3) RP -2021-567650 JACOUILYN JOHNSON CALLED 0.129 ACRES •FILE NUMBER RP -2019-231084 • LOWER KIRBY PEARLAND MANAGEMENT DISTRICT CALLED 1.283 ACRES (PART 2) FILE NO. RP -2023-213148 LOWER KIRBY PEARLAND MANAGEMENT DISTRICT CALLED 1.283 ACRES (PART 2) FILE NO. RP -2023-213148 END 5/8' IR W/CAP WA SURVEY' (CM) VOLUME 3354, PAGES 479 & 482 AREA SUMMARY PART 1 0.0382 ACRE (1,664 SQUARE FEET) PART 2 0.0332 ACRE (1,446 SQUARE FEET) TOTAL: 0.0714 ACRE (3,110 SQUARE FEET) N 0 20 40 SCALE: 1"=20' FELLOWS ROAD BELTWAY 8 PART 1� RILEY ROAD PART 2 a 00 K VICINITY MAP 1" = 500' tri.,EINNOS, JD= TO THE TESAS COORDINATE ULTIPLYING. BY A COMBINE0 _ _ ACE (HORIzZ0 441 rB0 01 CENTRAL BE C S EI. HAD o TO 60B uBY S. THIS SURVEY WAS NAME N ACCORDANCE W. LAWS Ax0/OR MINIMUM STANDARDS OF T0F STATE Ov TEUS. THIS SURVEY MT REwSO. SERVING THE PROPERTY ENTER THROUGH COMMITMENT. PUBUC STREETS AND/OR EASEMENTS Or THE PROPORY, PART 1 AND PART 2 IRE IunTENwRno PH PREA MANG ZONE DESIGNATION CNEx•RY TEXAS, MICH IS ME CURRENT ROOD INSURANCE RATE MAP Ns snwTEa luxx6. IROPERZRB&BUILDNGS, sanMRES OR OMER IMPROVE.. SITUATED ON ADJOINING PREMISE, DEEP, - THERE PROPERTY. a P S TO PROPER'', �'. DEDICATED PUBUG STREETS DR HIGHWAYS.THERE WAS NO OBSERVE] EVIOENCE OF CURREN, MTN MOONG MORK. BUILDING co...Rune,. OR BALDING 11. THERE WAS ND OBSERVED EVIDENCE OF RECENT STREET OR SIDER. CONSORUCTTON OR REM. AFFECTING THE PROPERTY. 12. THERE WAS NO OBSERVED EVIDENCE Of USE CE THE PROPEROI AS A SOLID WASTE DUMP. SUMP OR WM`, 16 THERE WERE NO OBSERVED 0EMETERIEE. BURHL GROUNDS. AND/OR GRAVES AFFECTING THE PROPERTY. 14. ALL Of ME 0.0714 ACRE 113ACT. SHOWN HEREON, WITHIN THE CIIV Of REWARD cox UNITS. DEED RECORDS OF HARRIS COUNTY, TEXAS MAP RECORDS OF I -ORRIS COUNTY. TEXAS H.C.O.P.R.R.P. OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUR-ff. TEXAS VOLUME PACE IR IRON ROO BEARS (s) sEr s/s INCH mom ROB ATM CM VAMPED 144 SURMEY 1544.1 CONTROLLING MYNRIEOT (0r.cJ POINT FOR CORNER STATUARY UNE LAND TITLE SURVEY OF 0.0714 ACRE (3,110 SQUARE FEET) IN TWO PARTS IN THE JAMES HAMILTON SURVEY. A-876 CITY OF PEARLAND HARRIS COUNTY, TEXAS SEP I EMBER 202D 11 )6 NO 2209-2044 L JAI SURVEYING, INC. 3600W Sam Houston Parkway Suite 175 Houston, Texas 77042 Phone 713.953.5200 Fax 713.953.5026 TBPELS Finn No.10194382 Exhibit C July 24, 2025 LJAS001-2209-2045.300 DESCRIPTION OF 0.0414 ACRE WATERLINE AND SANITARY SEWER EASEMENT (10 FEET WIDE) Being 0.0414 acre (1,803 square feet) of land located in the James Hamilton Survey, Abstract Number 876, City of Pearland, Harris County, Texas, being a portion of that certain called 2.600 acre tract conveyed to County of Harris by an instrument of record under File Number 20080554490 of the Official Public Records of Real Property of Harris County, Texas (H.C.O.P.R.R.P.), said 0.0414 acre tract being a portion of Lot 19 1/2 of Allison Richie Gulf Coast Home Co's Part of Suburban Gardens Subdivision recorded in Volume 3, Page 40 of the Map Records of Harris County, Texas (H.C.M.R.) and being more particularly described by metes and bounds as follows (all bearings referenced to the Texas Coordinate System, South Central Zone (4204), NAD83); COMMENCING at a 5/8 inch iron rod found for the southwest corner of the remainder of that certain called 9.8571 acre (Tract 6) conveyed to Wellcom Biotech, Inc. by an instrument of record under File Number RP -2021-567650, H.C.O.P.R.R.P., said point lying at the intersection of the north right-of-way line of Riley Road, called 60 feet wide and recorded under said Volume 3 at Page 40, H.C.M.R., Volume 3354, Page 479 and Volume 3354, Page 482 of the Deed Records of Harris County, Texas (H.C.D.R.) and the east right-of-way line of Del Papa Street (unimproved), called 60 feet wide and recorded under said Volume 3 at Page 40, H.C.M.R., from which a 5/8 -inch iron rod with cap stamped "LJA SURVEY" previously set for the southwest corner of that certain called 1.283 acre tract (Part 2) conveyed to Lower Kirby Pearland Management District by an instrument of record under File Number RP -2023-213148, H.C.O.P.R.R.P., bears North 87° 26' 40" East, 621.86 feet; Thence, North 02° 15' 18" West, along the east right of way line of said Del Papa Street, common to the west lines of said Lot 30 1/2 and Lot 30, same being the west line of said 9.8571 acre tract, 629.86 feet to a point for the west common corner of said Lots 30 and 19 1/2, same being the northwest corner of said 9.8571 acre tract, and the southwest corner of said 2.600 acre tract; Page 1 of 2 S:\Sectors\Survey\Projects\LJAS001\2209\2045\07 Documents\WLE\0.0414 Ac WL9 M&B.doc 0.0414 ACRE July 24, 2025 LJAS001-2209-2045.300 Thence, North 87° 25' 01" East, departing the east right-of-way line of said Del Papa Street and along the common line of said Lots 30 and 19 1/2 same being the north line of said 9.8571 acre tract, and the south line of said 2.600 acre tract, 9.26 feet to the southwest corner and POINT OF BEGINNING of the herein described tract; Thence, North 02° 14' 28" West, departing said common line, 180.28 feet to the northwest corner of the herein described tract, said point lying in the south line of that certain called 11.483 acre tract (Tract 1) conveyed to Healgen Scientific LLC by an instrument of record under File Number RP -2022-6080, H.C.O.P.R.R.P., common to the north line of said 2.600 acre tract; Thence, North 87° 26' 20" East, along said common line, 10.00 feet to the northeast corner of the herein described tract; Thence, South 02° 14' 28" East, departing said common line, 180.28 feet to the southeast corner of the herein described tract, said point lying in the common line of Lots 30 and 19 1/2, same being the north line of said 9.8571 acre tract, and the south line of said 2.600 acre tract; Thence, South 87° 25' 01" West, along said common line, 10.00 feet to the POINT OF BEGINNING and containing 0.0414 acre (1,803 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\0.0414 Ac WL9 M&B.doc Exhibit D ing Files\Base Files\Waterline Easements\0.0414 Ac WLE 9.dwg 7/24/2025 S:\Sectors\Survey\Projects\LJAS001\2209\2045\06 CAD\W CALLED 11.483 ACRES (TRACT 1) HEALGEN SCIENTIFIC LLC FILE NUMBER RP -2022-6080 H.C.0.P.R.R.P. W0 eL a 1) o (O • J `�O W 5 P.O.B. L3 (V O co CO N r N 0 Z ALLISON RICHEY GULF COAST HOME CO'S PART OF SUBURBAN GARDENS VOL. 3, PG. 40 H.C.M.R. LOT 19 1/2 CO C CALLED 2.600 ACRES c3 COUNTY OF HARRIS FILE NUMBER 20080554490 H.C.O.P.R.R.P. N r N 0 V) 0.0414 ACRE (1,803 SQUARE FEET) L2 L4 LOT 30 WELLCOM BIOTECH, INC. CALLED 9.8571 ACRES (TRACT 6) FN 2021567650 H.C.O.P.R.R.P. P.O.C. FOUND 5/8" IR W/CAP (ILLEGIBLE) LOT 30 1/2 N 87'26'4O" E 621.86' RILEY ROAD (60' WIDE) VOL. 3 PG. 40 H.C.M.R. VOL. 3354, PG. 479, H.C.D.R. VOL 3354, PG. 482, H.C.D.R. Line Table Line # Direction Length L1 N02° 15' 18"W 629.86' L2 N87° 25' 01 "E 9.26' L3 N87° 26' 20"E 10.00' L4 S87° 25' 01"W 10.00' NOTES: 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. 0 50 100 SCALE: 1"=50' LEGEND: H.C.D.R. DEED RECORDS OF HARRIS COUNTY, TEXAS H.C.M.R. MAP RECORDS OF HARRIS COUNTY, TEXAS H.C.O.P.R.R.P. OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS PROPERTY LINE LOWER KIRBY PEARLAND MANAGEMENT DISTRICT CALLED 1.283 ACRES (PART 2) FILE NO. RP -2023-213148 H.C.O.P.R.R.P. 5/8" IR W/CAP "LJA SURVEY" 0.0414 ACRE (1,803 SQUARE FEET) WATERLINE AND SANITARY SEWER EASEMENT (10 FEET WIDE) IN THE JAMES HAMILTON SURVEY HARRIS COUNTY, TEXAS JULY 2025 JOB NO. 2209-2045 LI/A\REYING INC. 3600 W Sam Houston Parkway S Suite 175 Houston, Texas 77042 Phone 713.953.5200 Fax 713.953.5026 TBPELS Firm No. 10194382