HomeMy WebLinkAboutR2026-068 20260413 RESOLUTION NO. R2026-68
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
power of eminent domain to acquire: (1) a 0.0829 acre fee simple interest for a
public road right-of-way, and (2) a 0.0417 acre easement for public water line
and sanitary sewer improvements, both situated in a portion of a 0.4579-acre
tract of land conveyed to Chay Ung by Deed executed December 31, 2010 in
Clerk’s File Number 2011001608, in the Official Records of Brazoria County,
Texas, situated in the H.T.&B. RR. Co. Survey, Abstract No. 304, Brazoria
County, Texas; 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,
purpose, and necessity exists for the construction of road right-of-way and waterline and sanitary
sewer improvements on certain real property located in Brazoria 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 Brazoria 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 Brazoria
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
Docusign Envelope ID: 0ED687C5-2691-462D-9708-B41EF8CE4348
RESOLUTION NO. R2026-68
2
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 13th day of April, 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: 0ED687C5-2691-462D-9708-B41EF8CE4348
Exhibit A
Resolution No. 2026-68
LEGAL DESCRIPTION
(0.0829 ACRES / 3,611 SQUARE FEET)
A TRACT OR PARCEL CONTAINING 0.0829 ACRES (3,611 SQUARE FEET) OF LAND SITUATED IN THE H.T. & B. R.R. CO. SURVEY, ABSTRACT NO. 304,
BRAZORIA COUNTY, TEXAS, BEING OUT OF A CALLED 0.4579 ACRE TRACT GRANTED TO CHAY UNG AS RECORDED IN BRAZORIA COUNTY CLERK'S
FILE (B.C.C.F.) NO. 2011001608, WITH SAID 0.0829 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND TXDOT BRASK DISC ((GRID COORDINATES) X: 3,117,683.63, Y: 13,770,314.26) ON THE CURRENT EASTERLY R.O.W. LINE OF
SMITH RANCH ROAD, MARKING THE SOUTHEAST CORNER OF A CALLED 0.0549 ACRE TRACT CONVEYED TO CITY OF PEARLAND AS RECORDED IN
B.C.C.F. NO. 2022053120;
THENCE NORTH 03°14'38" WEST, A DISTANCE OF 135.10 FEET TO A POINT ((GRID COORDINATES) X: 3,117,675.99, Y: 13,770,449.12) ON THE COMMON
LINE BETWEEN SAID 0.4579 ACRE TRACT AND A CALLED 0.1360 ACRE TRACT CONVEYED TO CITY OF PEARLAND AS RECORDED IN B.C.C.F. NO.
2022066559, FOR THE SOUTHWEST CORNER AND POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT;
THENCE NORTH 03°14'38" WEST, ALONG AND WITH THE CURRENT EASTERLY R.O.W. LINE OF SMITH RANCH ROAD, A DISTANCE OF 65.00 FEET TO THE
NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, MARKING THE SOUTHEAST CORNER OF A CALLED 0.4681 ACRE TRACT CONVEYED TO
CITY OF PEARLAND AS RECORDED IN B.C.C.F. NO. 2022026045, FROM WHICH A FOUND 5/8 INCH IRON ROD ((GRID COORDINATES) X: 3,117,631.27, Y:
13,770,517.54) BEARS: NORTH 85°05'30" WEST, A DISTANCE OF 41.20 FEET;
THENCE NORTH 86°32'52" EAST, ALONG AND WITH THE NORTH LINE OF SAID 0.4579 ACRE TRACT, A DISTANCE OF 99.90 FEET TO THE NORTHWEST
CORNER OF A CALLED ONE ACRE TRACT CONVEYED TO CARLOS LEWIS, JR. ET AL AS RECORDED IN B.C.C.F. NO. 2023052311, FOR THE NORTHEAST
CORNER OF SAID 0.4579 ACRE TRACT AND OF THE HEREIN DESCRIBED EASEMENT;
THENCE SOUTH 03°23'38" EAST, ALONG AND WITH THE COMMON LINE BETWEEN SAID 0.4579 ACRE TRACT AND SAID ONE ACRE TRACT, A DISTANCE
OF 30.00 FEET TO THE MOST EASTERLY, SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE OVER AND ACROSS SAID 0.4579 ACRE TRACT, THE FOLLOWING TWO (2) COURSES AND DISTANCES:
1. SOUTH 86°32'52" WEST, A DISTANCE OF 64.98 FEET TO AN ANGLE POINT;
2. SOUTH 41°39'07" WEST, A DISTANCE OF 49.59 FEET TO THE POINT OF BEGINNING AND CONTAINING 3,611 SQUARE FEET OR 0.0829 ACRES OF
LAND.
ROBERT KNESS
REGISTERED PROFESSIONAL LAND
SURVEYOR NO. 6486
KIMLEY-HORN AND ASSOCIATES, INC.
11700 KATY FREEWAY, SUITE 800
HOUSTON, TEXAS 77079
PH. 9281-597-9300
ROBERT.KNESS@KIMLEY-HORN.COM
Kirnley>) Horn
11700 Katy Freeway, Suite 800 Tel. No. (281) 597-9300
Houston, Texas 77079 FIRM # 10115500
Scale Drawn by Checked by Date Project No. Sheet No.
N/A BB RK Nov. 2025 060007005 2 OF 2
BESETZNY, BLAINE 11/11/2025 11:59 AM K:\HOU_SURVEY\PROJECTS\060007005-HUGHES RANCH FORCE MAIN \ DWG \ EXHIBITS \ 060007005_HUGHES RANCH_UE-26.DWG
Exhibit B
LEGEND
0
25 50
GRAPHIC SCALE IN FEET
LINE TABLE
NO.
BEARING
LENGTH
L1
NO3°14'38"W
65.00'
L2
N86°32'52"E
99.90'
L3
S03°23'38"E
30.00'
L4
S86°32'52"W
64.98'
L5
S41 °39'07"W
49.59'
L6
NO3°14'38"W
135.10'
L7
N85°05'30"W
41.20'
GENERAL NOTES
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
B.C.C.F. = BRAZORIA COUNTY CLERK'S FILE
B.C.P.R. = BRAZORIA COUNTY PLAT RECORDS
B.C.D.R. = BRAZORIA COUNTY DEED RECORDS
INST. = INSTRUMENT
NO. = NUMBER
PG. = PAGE
R.O.W. = RIGHT-OF-WAY
SQ. FT. = SQUARE FEET
VOL. = VOLUME
AC. = ACRES
BDF = TXDOT BRASK DISC FOUND
to
W O 0
Q
- N
Qo
LLI
N
• O-0
O U Z
p0 .
W } LL
J H
QUO.
U Cp
L7
5/8 IRF /
X: 3,117,631.27
Y: 13,770,517.54
CALLED 0.1360 ACRES
CITY OF PEARLAND -
B.C.C.F.NO. 2022066559
P.O.B.
X: 3,117,675.99
Y: 13,770,449.12
CALLED 0.0549 ACRES
CITY OF PEARLAND -
B.C.C.F. NO. 2022053120
1. SURVEYOR DID NOT ABSTRACT SUBJECT PROPERTY. THIS
SURVEY IS BASED ON THE TITLE COMMITMENT, ISSUED BY
TEXAS AMERICAN TITLE INSURANCE COMPANY, GF. NO.
2791025-07735, BEARING THE DATE ISSUED SEPTEMBER 15,
2025 AND IS SUBJECT TO THE LIMITATIONS OF THAT
COMMITMENT.
2. ALL BEARINGS SHOWN ARE BASED ON GRID NORTH OF THE
TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE
(4204), NORTH AMERICAN DATUM OF 1983. ALL DIMENSIONS
SHOWN ARE GROUND DISTANCES. TO OBTAIN A GRID
DISTANCE, MULTIPLY THE GROUND DISTANCE BY THE
PROJECT COMBINED FACTOR (PCF) OF 0.999870017.
3. THIS EXHIBIT DOES NOT IMPLY TO BE A LAND TITLE SURVEY
OF THE SUBJECT PROPERTY AND IS NOT INTENDED TO BE
USED FOR FEE CONVEYANCE PURPOSES.
CO
J
RESIDUE OF
CALLED 0.563 ACRES
ALIMAS PROPERTIES, LTD.
B.C.C.F. NO. 2017024086
L2
CALLED ONE ACRE
0.0829 ACRES CARLOS LEWIS, JR., ET AL
3,611 SQ. FT. B.C.C.F. NO. 2023052311
CALLED 0.4579 ACRES --�
CHAY UNG
B.C.C.F. NO. 2011001608
P.O.C.
BDF
X: 3,117,683.63
Y: 13,770,314.26
CALLED 0.1858 ACRES
GUILLERMO PROESTAKIS
B.C.C.F. NO. 2021038128
0.0829 ACRES / 3,611 SQ. FT.
SITUATED IN THE
H.T. & B. R.R. CO. SURVEY, ABSTRACT NO. 304
CITY OF PEARLAND
BRAZORIA COUNTY, TEXAS
Kirnley>> Horn
11700 Katy Freeway, Suite 800 Tel. No. (281) 597-9300
Houston, Texas 77079 FIRM #10115500
4. THIS PLAT IS ACCOMPANIED BY A SEPARATE METES AND
BOUNDS DESCRIPTION. (SEE SHEET 2.)
Scale Drawn by Checked by Date
1" = 50' BB RK Nov. 2025
Project No.
060007005
Sheet No.
1 OF 2
BESETZNY, BLAINE 11/11/2025 11:59 AM K:\HOU_SURVEY\PROJECTS\060007005-HUGHES RANCH FORCE MAIN \ DWG \ EXHIBITS \ 060007005_ HUGHES RANCH UE-26.DWG
Exhibit C
LEGAL DESCRIPTION
WATER / SEWER EASEMENT
(0.0417 ACRES / 1,816 SQUARE FEET)
A TRACT OR PARCEL CONTAINING 0.0417 ACRES (1,816 SQUARE FEET) OF LAND SITUATED IN THE H.T. & B. R.R. CO. SURVEY, ABSTRACT NO. 304,
BRAZORIA COUNTY, TEXAS, BEING OUT OF A CALLED 0.4579 ACRE TRACT GRANTED TO CHAY UNG AS RECORDED IN BRAZORIA COUNTY CLERK'S
FILE (B.C.C.F.) NO. 2011001608, WITH SAID 0.0417 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND TXDOT BRASK DISC ((GRID COORDINATES) X: 3,117,683.63, Y: 13,770,314.26) ON THE CURRENT EASTERLY R.O.W. LINE OF
SMITH RANCH ROAD, MARKING THE SOUTHEAST CORNER OF A CALLED 0.0549 ACRE TRACT CONVEYED TO CITY OF PEARLAND AS RECORDED IN
B.C.C.F. NO. 2022053120;
THENCE NORTH 03°14'38" WEST, A DISTANCE OF 59.79 FEET TO A POINT ((GRID COORDINATES) X: 3,117,680.15, Y: 13,770,373.95) MARKING THE
SOUTHEAST CORNER OF A CALLED 0.1360 ACRE TRACT CONVEYED TO CITY OF PEARLAND AS RECORDED IN B.C.C.F. NO. 2022066559, FOR THE
SOUTHWEST CORNER AND POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT;
THENCE NORTH 03°14'38" WEST, ALONG AND WITH THE CURRENT EASTERLY R.O.W. LINE OF SMITH RANCH ROAD, A DISTANCE OF 75.31 FEET TO THE
WESTERLY, NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A FOUND 5/8 INCH IRON ROD ((GRID COORDINATES) X:
3,117,631.27, Y: 13,770,517.54) BEARS: NORTH 33°10'22" WEST, A DISTANCE OF 81.74 FEET;
THENCE OVER AND ACROSS SAID 0.4579 ACRE TRACT, THE FOLLOWING TWO (2) COURSES AND DISTANCES:
1. NORTH 41°39'07" EAST, A DISTANCE OF 49.59 FEET TO AN ANGLE POINT;
2. NORTH 86°32'52" EAST, A DISTANCE OF 64.98 FEET TO THE MOST EASTERLY, NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT
ON THE COMMON LINE BETWEEN SAID 0.4579 ACRE TRACT AND A CALLED ONE ACRE TRACT CONVEYED TO CARLOS LEWIS, JR. ET AL AS
RECORDED IN B.C.C.F. NO. 2023052311;
THENCE SOUTH 03°23'38" EAST, ALONG AND WITH SAID COMMON LINE, A DISTANCE OF 10.00 FEET TO THE MOST EASTERLY, SOUTHEAST CORNER OF
THE HEREIN DESCRIBED TRACT;
THENCE OVER AND ACROSS SAID 0.4579 ACRE TRACT, THE FOLLOWING THREE (3) COURSES AND DISTANCES:
1. SOUTH 86°32'52" WEST, A DISTANCE OF 60.84 FEET TO AN ANGLE POINT;
2. SOUTH 41°39'07" WEST, A DISTANCE OF 41.32 FEET TO AN ANGLE POINT;
3. SOUTH 03°14'38" EAST, A DISTANCE OF 71.18 FEET TO THE MOST SOUTHERLY, SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT
ON THE COMMON LINE BETWEEN SAID 0.4579 ACRE TRACT AND A CALLED 0.1858 ACRE TRACT CONVEYED TO GUILLERMO PROESTAKIS AS
RECORDED IN B.C.C.F. NO. 2021038128;
THENCE SOUTH 86°45'22" WEST, ALONG AND WITH SAID COMMON LINE, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING AND CONTAINING
1,816 SQUARE FEET OR 0.0417 ACRES OF LAND.
ROBERT KNESS
REGISTERED PROFESSIONAL LAND
SURVEYOR NO. 6486
KIMLEY-HORN AND ASSOCIATES, INC.
11700 KATY FREEWAY, SUITE 800
HOUSTON, TEXAS 77079
PH. 9281-597-9300
ROBERT.KNESS@KIMLEY-HORN.COM
Kirnley>) Horn
11700 Katy Freeway, Suite 800 Tel. No. (281) 597-9300
Houston, Texas 77079 FIRM # 10115500
Scale Drawn by Checked by Date Project No. Sheet No.
N/A BB RK Oct. 2025 060007005 2 OF 2
BESETZNY, BLAINE 10/3/2025 10:02 AM K:\HOU_SURVEY\PROJECTS\060007005-HUGHES RANCH FORCE MAIN \ DWG \ EXHIBITS \ 060007005_HUGHES RANCH_UE-20.DWG
Exhibit D
LEGEND
0
25 50
GRAPHIC SCALE IN FEET
LINE TABLE
NO.
BEARING
LENGTH
L1
N03°14'38"W
75.31'
L2
N41 °39'07"E
49.59'
L3
N86°32'52"E
64.98'
L4
S03°23'38"E
10.00'
L5
S86°32'52"W
60.84'
L6
S41 °39'07"W
41.32'
L7
S03°14'38"E
71.18'
L8
S86°45'22"W
10.00'
L9
N03°14'38"W
59.79'
L10
N33°10'22"W
81.74'
GENERAL NOTES
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
B.C.C.F. = BRAZORIA COUNTY CLERK'S FILE
B.C.P.R. = BRAZORIA COUNTY PLAT RECORDS
B.C.D.R. = BRAZORIA COUNTY DEED RECORDS
INST. = INSTRUMENT
NO. = NUMBER
PG. = PAGE
R.O.W. = RIGHT-OF-WAY
SQ. FT. = SQUARE FEET
VOL. = VOLUME
AC. = ACRES
BDF = TXDOT BRASK DISC FOUND
5/8 IRF
X: 3,117,631.27
Y: 13,770,517.54
CALLED 0.1360 ACRES o
CITY OF PEARLAND
B.C.C.F. NO. 2022066559
P.O.B.
X: 3,117,680.15
Y: 13,770,373.95
CALLED 0.0549 ACRES
CITY OF PEARLAND -
B.C.C.F. NO. 2022053120
CALLED 0.0369 ACRES
CITY OF PEARLAND -
B.C.C.F. NO. 2022066646
1. SURVEYOR DID NOT ABSTRACT SUBJECT PROPERTY. THIS
SURVEY IS BASED ON THE TITLE COMMITMENT, ISSUED BY
TEXAS AMERICAN TITLE INSURANCE COMPANY, GF. NO.
2791025-07735, BEARING THE DATE ISSUED SEPTEMBER 15,
2025 AND IS SUBJECT TO THE LIMITATIONS OF THAT
COMMITMENT.
2. ALL BEARINGS SHOWN ARE BASED ON GRID NORTH OF THE
TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE
(4204), NORTH AMERICAN DATUM OF 1983. ALL DIMENSIONS
SHOWN ARE GROUND DISTANCES. TO OBTAIN A GRID
DISTANCE, MULTIPLY THE GROUND DISTANCE BY THE
PROJECT COMBINED FACTOR (PCF) OF 0.999870017.
3. THIS EXHIBIT DOES NOT IMPLY TO BE A LAND TITLE SURVEY
OF THE SUBJECT PROPERTY AND IS NOT INTENDED TO BE
USED FOR FEE CONVEYANCE PURPOSES.
J
L8
J
L3
L5
Co
0.0417 ACRES
1,816 SQ. FT.
J
CALLED ONE ACRE
CARLOS LEWIS, JR., ET AL
B.C.C.F. NO. 2023052311
CALLED 0.4579 ACRES I
CHAY UNG
B.C.C.F. NO. 2011001608 I
CALLED 0.1858 ACRES
GUILLERMO PROESTAKIS
B.C.C.F. NO. 2021038128
P.O.C.
BDF
X: 3,117,683.63
Y: 13,770,314.26
CALLED 0.5 ACRES
CHRISTOPHER LEE MOSLEY
B.C.C.F. NO. 1998028656
WATER / SEWER EASEMENT
0.0417 ACRES / 1,816 SQ. FT.
SITUATED IN THE
H.T. & B. R.R. CO. SURVEY, ABSTRACT NO. 304
CITY OF PEARLAND
BRAZORIA COUNTY, TEXAS
Kirnley>> Horn
11700 Katy Freeway, Suite 800 Tel. No. (281) 597-9300
Houston, Texas 77079 FIRM #10115500
4. THIS PLAT IS ACCOMPANIED BY A SEPARATE METES AND
BOUNDS DESCRIPTION. (SEE SHEET 2.)
Scale Drawn by Checked by Date
1" = 50' BB RK Oct. 2025
Project No.
060007005
Sheet No.
1 OF 2
BESETZNY, BLAINE 10/3/2025 10:02 AM K:\HOU_SURVEY\PROJECTS\060007005-HUGHES RANCH FORCE MAIN \ DWG \ EXHIBITS \ 060007005_ HUGHES RANCH UE-20.DWG