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HomeMy WebLinkAboutR2026-064 20260323 RESOLUTION NO. 2026-64 A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire: (1) a 2.399 acre fee simple interest for a public road right-of-way and a public utility improvement (water tower and related appurtenances), and (2) a 0.2454 acre easement for public water line and sanitary sewer improvements, all located in the James Hamilton Survey, Abstract Number 876, City of Pearland, Harris County, Texas, being a portion of Lot 52 ½ and Lot 61, Block F, of Allison Richey Gulf Coast Home Co’s Part of Suburban Gardens Subdivision, a subdivision of record in Volume 3, Page 40 of the Map Records of Harris County, Texas, more particularly being a portion of that certain residue of Lots 51 ½ and 61 Block of said Allison Richey Gulf Coast Home Co’s Part of Suburban Gardens conveyed to Wilbert L. Ullrich by an instrument of record under File Number K185772 of the Official Public Records of Real Property 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, a public utility improvement (water tower and related appurtenances), 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, purpose, and necessity exists for the construction of road right-of-way, a public utility improvement (water tower and related appurtenances), 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 and a public utility improvement (water tower and related appurtenances) 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. Docusign Envelope ID: EEBC1FBB-4F8E-4B06-ADEC-12345C38EF9F RESOLUTION NO. 2026-64 2 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 “D” and “E”, attached hereto and incorporated herein for all purposes. Section 5. 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 March, A.D., 2026. _____________________________ J.KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: _____________________________ LAWRENCE G. PROVINS CITY ATTORNEY Docusign Envelope ID: EEBC1FBB-4F8E-4B06-ADEC-12345C38EF9F Exhibit A August 14, 2025 LJAS001-2209-2044.102 DESCRIPTION OF 2.399 ACRES Being 2.399 acres (104,492 square feet) of land located in the James Hamilton Survey, A - 876, City of Pearland, Harris County, Texas, being a portion of Lot 52 1/2 and Lot 61, Block F of 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.), more particularly being a portion of that certain residue of Lots 51 1/2 and 61 Block F of said Allison Richey Gulf Coast Home Co's Part of Suburban Gardens conveyed to Wilbert L. Ullrich by an instrument of record under File Number K185773 of the Official Public Records of Real Property of Harris County, Texas (H.C.O.P.R.R.P.), said 2.399 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, 2011 Adjustment); BEGINNING at a 5/8 -inch iron rod with cap stamped "MARTIN OLSEN SURVEY" found for an easterly corner of that certain called 107.621 acre tract, Tract 3, conveyed to NMCRDC, L.P. and RAMLZM, L.P. by an instrument of record under File Number RP -2017-180972 and further described in Volume 2636, Page 607 of the Deed Records of Harris County, Texas (H.C.D.R.), common to the southeast corner of said Wilbert L. Ullrich tract, said point lying in the west right of way line of Hooper Road, called 60 feet wide and recorded under said Volume 3, Page 340, and Volume 988, Page 718, H.C.D.R.; Thence, South 87° 26' 11" West, along the north line of said Tract 3, common to the south line of said Wilbert L. Ullrich tract, 10.00 feet to a 5/8 inch iron rod with cap stamped "LJA SURVEY" set for the westerly southeast corner of the herein described tract; Thence, North 02° 12' 46" West, departing said common line, 559.10 feet to a 5/8 inch iron rod with cap stamped "LJA SURVEY" set for the northeasterly interior corner of the herein described tract; Thence, South 87° 29' 10" West, 349.90 feet to a 5/8 inch iron rod with cap stamped "LJA SURVEY" set for the northwesterly interior corner of the herein described tract; Thence, South 02° 20' 27" East, 270.00 feet to a 5/8 inch iron rod with cap stamped "LJA SURVEY" set for an angle point; Page 1 of 2 S:\Sectors\Survey\Projects\LJAS001 \2209\2044\07 Documents\2.399 AC LTS M&B Parcel 7.doc August 14, 2025 2.399 ACRE LJAS001-2209-2044.102 Thence, South 87° 29' 10" West, 170.00 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 in the east line of that certain called 1.531 acre tract conveyed to Deanna C. Ullrich by an instrument of record under File Number 20100505608, H.C.O.P.R.R.P.; Thence, North 02° 20' 27" West, along the east line of said 1.531 acre tract,370.00 feet to a 5/8 inch iron rod with cap stamped "LJA SURVEY" set for the northeast corner of said 1.531 acre tract, same being the northwest corner of the herein described tract, said point lying on the south line of that certain called 9.54545 acre tract conveyed to Delta Solvents and Chemicals Co. by an instrument of record under File Number H367997, H.C.O.P.R.R.P., common to the south line of Lot 52, and the north line of said Lot 52 1/2; Thence, North 87° 29' 10" East, along the south line of said 9.54545 acre tract and Said Lot 52, common to the north line of said Wilbert L. Ullrich tract and said Lot 52 1/2, 530.13 feet to the east common corner of said Lots 52 1/2 and 52, same being the southeast corner of said 9.54545 acre tract, common to the northeast corner of said Wilbert L. Ullrich tract and the herein described tract, said point lying in the west right of way line of said Hooper Road, from which a 1 1/4 inch iron pipe bears North 02° 23' 52" West, 0.4 feet and a 1 inch iron pipe, found for the northeast corner of said 9.54545 acre tract bears North 02° 23' 52" West, 660.45 feet; Thence, South 02° 12' 46" East, along the west right of way line of said Hooper Road, common to the east line of said Wilbert L. Ullrich tract, 659.10 feet to the POINT OF BEGINNING and containing 2.399 acres (104,492 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 2 of 2 S:\Sectors\Survey\Projects\LJAS001\2209\2044\07 Documents\2.399 AC LTS M&B Parcel 7.doc Exhibit B September 15, 2025 LJAS001-2209-2045.300 Page 1 of 2 S:\Sectors\Survey\Projects\LJAS001\2209\2045\07 Documents\WLE\0.2454 Ac WL7 M&B.doc DESCRIPTION OF 0.2454 ACRE WATERLINE AND SANITARY SEWER EASEMENT (10 FEET WIDE) Being 0.2454 acres (10,690 square feet) of land located in the James Hamilton Survey, Abstract Number 876, City of Pearland, Harris County, Texas, being a portion of Lot 52 1/2 and Lot 61, Block F of 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.), more particularly being a portion of that certain residue of Lots 51 1/2 and 61 Block F of said Allison Richey Gulf Coast Home Co’s Part of Suburban Gardens conveyed to Wilbert L. Ullrich by an instrument of record under File Number K185773 of the Official Public Records of Real Property of Harris County, Texas (H.C.O.P.R.R.P.), said 0.2454 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, 2011 Adjustment); COMMENCING at a 5/8-inch iron rod with cap stamped “MARTIN OLSEN SURVEY” found for an easterly corner of that certain called 107.621 acre tract, Tract 3, conveyed to NMCRDC, L.P. and RAMLZM, L.P. by an instrument of record under File Number RP-2017-180972 and further described in Volume 2636, Page 607 of the Deed Records of Harris County, Texas (H.C.D.R.), common to the southeast corner of said Wilbert L. Ullrich tract and said Lot 61, said point lying in the west right of way line of Hooper Road, called 60 feet wide and recorded under said Volume 3, Page 340, and Volume 988, Page 718, H.C.D.R.; Thence, South 87° 26' 11" West, along a north line of said 107.621 acre tract, common to the south line of said Ullrich tract, 10.00 feet to a 5/8 inch iron rod with cap stamped “LJA SURVEY” set for the southeast corner and POINT OF BEGINNING of the herein described tract; Thence, South 87° 26' 11" West, continuing along said common line, 10.00 feet to a point for corner, form this corner a 1 inch iron pipe found for the southwest corner of that certain called 1.531 acre tract conveyed to Deanna C. Ullrich by an instrument of record under File Number 20100505608, H.C.O.P.R.R.P., same being an easterly interior corner of said 107.621 acre tract and the common Exhibit C September 15, 2025 0.2454 Acre LJAS001-2209-2045.300 Page 2 of 2 S:\Sectors\Survey\Projects\LJAS001\2209\2045\07 Documents\WLE\0.2454 Ac WL7 M&B.doc corner of Lots 61, 61 1/2, 62 and 62 1/2 of said Allison Richey Subdivision, bears South 87° 26' 11" West, 610.16 feet; Thence, North 02° 12' 46" West, departing said common line, 549.11 feet to a point for corner; Thence, South 87° 29' 10" West, 509.88 feet to a point for corner, said point lying in the west line of said Ullrich tract, common to the east line of said 1.531 acre tract; Thence, North 02° 20' 27" West, along said common line, 10.00 feet to a 5/8 inch iron rod with cap stamped “LJA SURVEY” set for the northwest corner of the herein described tract; Thence, North 87° 29' 10" East, departing said common line, 519.90 feet to a 5/8 inch iron rod with cap stamped “LJA SURVEY” set for the northeast corner of the herein described tract; Thence, South 02° 12' 46" East, 559.10 feet to the POINT OF BEGINNING and containing 0.2454 acre (10,690 square feet) of land. Corner monuments were not set at the client’s request. Benjamin Lowe, RPLS Texas Registration No. 6944 LJA Surveying, Inc. Line Table Line # L1 L2 L3 Direction S87° 26' 11"W S87° 26' 11"W S87° 26' 11"W Length 10.00' 10.00' 610.16' 0.2454 ACRE (10,690 SQUARE FEET) WATERLINE AND SANITARY SEWER EASEMENT (10 FEET WIDE) IN THE JAMES HAMILTON SURVEY HARRIS COUNTY, TEXAS SEPTEMBER 2025 JOB NO. 2209-2045 INC., 3600 W Sam Houston Parkway S Phone 713.953.5200 Suite 175 Fax 713.953.5026 Houston, Texas 77042 TBPELS Firm No. 10194382 SHEET 1 OF 3 MATCHLINE SHEET 2 Exhibit D SHEET 2 OF 3 MATCHLINE SHEET 1 0.2454 ACRE (10,690 SQUARE FEET) WATERLINE AND SANITARY SEWER EASEMENT (10 FEET WIDE) IN THE JAMES HAMILTON SURVEY HARRIS COUNTY, TEXAS SEPTEMBER 2025 JOB NO. 2209-2045 INC., 3600 W Sam Houston Parkway S Phone 713.953.5200 Suite 175 Fax 713.953.5026 Houston, Texas 77042 TBPELS Firm No. 10194382 MA T C H L I N E S H E E T 3 Line Table Line # L4 Direction N02° 20' 27"W Length 10.00' SHEET 3 OF 3 0.2454 ACRE (10,690 SQUARE FEET) WATERLINE AND SANITARY SEWER EASEMENT (10 FEET WIDE) IN THE JAMES HAMILTON SURVEY HARRIS COUNTY, TEXAS SEPTEMBER 2025 JOB NO. 2209-2045 INC., 3600 W Sam Houston Parkway S Phone 713.953.5200 Suite 175 Fax 713.953.5026 Houston, Texas 77042 TBPELS Firm No. 10194382 MA T C H L I N E S H E E T 2