HomeMy WebLinkAboutR2026-078 20260511 RESOLUTION NO. 2026-78
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
power of eminent domain to acquire: (1) a 0.4168 acre fee simple interest for a
public road right-of-way and (2) a 0.0815 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 called 2 acre tract conveyed to William D. Berrios, by an
instrument of record under Clerk’s File Number RP-2021-724669 of the Official
Public Records of Harris 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 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 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 public 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: 7ECDE4E0-01A1-825E-8227-D3E935BEEBC5
RESOLUTION NO. 2026-78
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 11th day of May, A.D., 2026.
_____________________________
QUENTIN WILTZ
MAYOR
ATTEST:
_____________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
_____________________________
LAWRENCE G. PROVINS
CITY ATTORNEY
Docusign Envelope ID: 7ECDE4E0-01A1-825E-8227-D3E935BEEBC5
Exhibit A to R2026-78
January 9, 2026
Job No. LJAS001-2209-2044
METES AND BOUNDS DESCRIPTION
OF 0.4168 ACRE
(18,156 SQUARE FEET)
Being 0.4168 acre (18,156 square feet) of land located in the Richard T. Blackburn Survey,
A-160, City of Pearland, Harris County, Texas, being a portion of the remainder of that certain
called 2 acre tract conveyed to Wade Dickinson. Et Al by an instrument of record under File
Number 20140000678 of the Official Public Records of Real Property of Harris County, Texas
(H.C.O.P.R.R.P.), and 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 1 -inch iron pipe, found for the northwest corner of said 2 acre tract, same
being a west corner of that certain called 107.621 acre tract conveyed to NMCRDC, L.P. &
RAMLZM, L.P. by an instrument of record under File Number RP -2017-180972, H.C.O.P.R.R.P.,
and further described in Volume 2636 at 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 in Volume 650, Page 231 of the Deed Records of Harris County, Texas
(H.C.D.R.);
Thence, North 87° 27' 42" East, departing said right of way line and along the north line of
said 2 acre tract common to a south line of said 107.621 acre tract, 315.68 feet to 5/8 -inch iron
rod with cap stamped "LJA SURVEY" set for the northeast corner of the herein described tract,
same being a northwesterly corner of that certain tract conveyed to W. Berrios Mechanical, LLC,
by instrument of record in File Number RP -2018-533434, H.C.O.P.R.R.P, from which a 2 -inch
iron pipe found for the northeast corner of said Berros Mechanical tract and an interior westerly
corner of said 107.621 acre tract, bears North 87° 27' 42" East, 330.52 feet;
Thence, South 02° 31' 24" East, departing the south line of said 107.621 acre tract and
along a west line of said Berrios Mechanical tract, 50.00 feet to a 5/8 -inch iron rod with cap
stamped "LJA SURVEY" set for the most easterly southeast corner of the herein describe tract;
Page 1 of 2
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0.4021 Acre January 9, 2025
Job No. LJAS001-2029-2044
Thence, South 87° 27' 42" West, departing said common line, 260.67 feet to a 5/8 -inch
iron rod with cap stamped "LJA SURVEY" set for corner;
Thence, South 42° 27' 31" West, 49.49 feet to a 5/8 -inch iron rod with cap stamped "LJA
SURVEY" set for corner;
Thence, South 02° 32' 39" East, 53.00 feet to a 5/8 -inch iron rod with cap stamped "LJA
SURVEY" set for the most southerly southeast corner of the herein described tract, said point
lying on the south line of the aforementioned 2 acre tract, common to a north line of the
aforementioned W. Berrios Mechanical, LLC tract;
Thence, South 87° 27' 42" West, along said common line, 20.00 feet to a 5/8 -inch iron rod
with cap stamped "LJA SURVEY" set for the southwest corner of said 2 acre tract, said point lying
on the east right-of-way of the aforementioned Almeda School Road;
Thence, North 02° 32' 39" West, along the west line of said 2 acre tract, common to the
east right-of-way line of said Almeda School Road, 138.00 feet to the POINT OF BEGINNING
and containing 0.4168 acres (18,156 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
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Exhibit B to R2026-78
RUNE OF 0110E
TIP BIM
6 F1!iERECT'1C>•L E..1'.
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.
502a«E—ONE--°xE_—°"����
aE _ NE NE MINM�R�—OED—aE N5TIDVYE 3,15.05.
SEPIN TAN.
IC
THIS SURVEY SUBSTANTIALLY COMRIN WIN THE
CURRENT IDEAS SOCIETY OF PROFi5IONAL
SURVEYORS MANUAL OF PRACTICE REQUIREMENTS FOR
A CATEGORY 1A CONOmON 2, LINO 110E SURVEY.
DATED THIS THE 9TH DAY OF JANUARY, 2028.
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 LINO SURVEYOR
REGISMADON NO. 8944, STATE OF TEXAS
CNOURTE
REMAINDER OF COULD 2 ACRES
WOE DICKI60N. ET IL
RE AMBER 20140000678
R.C.0.P.RRD.
�GAIE "R�
CALLED WEST 1/2 OF LOT 51 AND
EAST 1/2 OF LOT 52
W. BERRIOS MECHANICAL, LLC.
FILE NUMBER RP -2018-533434
SFORMER PO.
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VOL.
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I
20 40
Sim
CALLED ID 7.621 ACRES
(TRACT 3)
NMCRDC, L.P. N RAMLZM, LP
FILE NUMBER RP -2017-180 972
DESCRIBED IN VOL. 2636, PG. 607
W. BERRIOS MECHANICAL, LLC,
FILE NUMBER RP -2018-533434
H.C.O.P.R.R.P
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IN AU. O NE 0.3821 MYE TNCT. SWAN TENON E MN ME CRY O PENN. CITY MN
LAND TITLE SURVEY OF
0.4168 ACRE
(18,156 SQUARE FEET)
IN THE
RICHARD T. BLACKBURN SURVEY, A-160
CITY OF PEARLAND
HARRIS COUNTY, TEXAS
JANUARY 2026 JOB NO. 2209-2044
Lra\
3600 W Sam Houston Parkways Phone 713.953.5200
Suite 175 Fax 713.953.5026
Houston, Tams 77042 TBPELS Finn No. 10194382
SURVEYING, INC.
Exhibit C to R2026-78
January 9, 2026
LJAS001-2209-2045.300
DESCRIPTION OF
0.0815 ACRE
WATERLINE AND SANITARY SEWER EASEMENT
(10 FEET WIDE)
Being 0.0815 acre (3,549 square feet) of land located in the Richard T. Blackburn
Survey, Abstract Number 160, City of Pearland, Harris County, Texas, being a portion of the
remainder of that certain called 2 acre tract conveyed to Wade Dickinson, et al by an instrument
of record under File Number 20140000678 of the Official Public Records of Real Property of
Harris County, Texas (H.C.O.P.R.R.P.), said 0.0815 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., from which a 2 -inch iron pipe found for an interior corner of said 107.621 acre tract,
same being the northeast corner of that certain tract conveyed to W. Berrios Mechanical, LLC
by an instrument of record under File Number RP -2018-533434, H.C.O.P.R.R.P. bears North
87° 27' 42" East, 646.20 feet;
Thence, South 02° 34' 30" East, along the east right of way line of said Almeda School
Road, common to the west line of said 2 acre tract, 50.00 feet to a point;
Thence, North 87° 27' 42" East, 55.00 feet to the northwest corner and POINT OF
BEGINNING of the herein described tract
Page 1 of 2
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January 9, 2026
0.0815 ACRE LJAS001-2209-2045.300
Thence, North 87° 27' 42" East, 260.67 feet to the northeast corner of the herein
described tract, said point lying in the east line of said 2 acre tract, common to a westerly line of
said W. Berrios Mechanical, LLC tract;
Thence, South 02° 31' 24" East, along the east line of said 2 acre tract, common to a
westerly line of said W. Berrios tract, 10.00 feet to most easterly southeast corner of the herein
described tract;
Thence, South 87° 27' 42" West, departing said common line, 256.52 feet to a point for
corner,
Thence, South 42° 27' 31" West, 41.21 feet to a point for corner;
Thence, South 02° 32' 39" East, 48.86 feet to point for corner, said point lying on the
south line of the aforementioned 2 acre tract, common to a north line of the aforementioned W.
Berrios Mechanical, LLC tract;
corner;
corner;
Thence, South 87° 27' 42" West, along said common line, 10.00 feet to a point for
Thence, North 02° 32' 39" West, departing said common line, 53.00 feet to a point for
Thence, North 42° 27' 31" East, 49.49 feet to the POINT OF BEGINNING and containing
0.0815 acre (2,956 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
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ine Easements\0.0815 Ac WLE 1.dwg 4/8/2026
S. \Sectors\Survey\Projects\LJAS001\2209\2045\06 CAD\Working Files\Base Files\Wa
Exhibit D to R2026-78
CALLED 107.621 ACRES
(TRACT 3)
NMCRDC, L.P. & RAMLZM, LP.
ALE NUMBER RP -2017-180972
H.C.0.P.R.R.P.
DESCRIBED IN VOL. 2636, PG. 607
H.C.D.R.
P.O.C.
FOUND 3/4" I.P.
N 8727'42" E 646.20'
L2
v
0.0815 ACRE
(3,549 SQ. FEET)
P.O.B.
N 8727'42" E 260.67'
S 87°27'42" W 256.52'
Dt
REMAINDER OF CALLED 2 ACRES
WADE DICKINSON. ET AL
Crn FILE NUMBER H.C.O.P.R.R.P.
20140000678
L6
LINE
BEARING
DISTANCE
L1
S 02°34'30" E
50.00'
L2
N 8727'42" E
55.00'
L3
S 02°31'24" E
10.00'
L4
S 42°27 31 " W
41.21
L5
S 02°32'39" E
48.86'
L6
S 8727'42" W
10.00'
L7
N 02°32'39" W
53.00'
L8
N 42°27'31" E
49.49'
NOTES:
ALBERT VALENCIA
FILE NUMBER RP -2018-134459
H.C.0.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.
FOUND 2" I.P.
Is
CALLED WEST 1/2 OF LOT 51 AND
EAST 1/2 OF LOT 52
W. BERRI0S MECHANICAL, LLC.
FILE NUMBER RP -2018-533434
H.C.0.P.R.R.P.
0
100 200
SCALE: 1"=100'
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
0.0815 ACRE
WATERLINE AND SANITARY
SEWER EASEMENT
(10 FEET WIDE)
IN THE
RICHARD T. BLACKBURN SURVEY
ABSTRACT NUMBER 160
HARRIS COUNTY, TEXAS
JANUARY 2026 JOB NO. 2209-2045
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