R2020-028 2020-01-27RESOLUTION NO. R2020-28
A Resolution of the City Council of the City of Pearland, Texas, authorizing
the submittal of a funding assistance application to the Texas Water
Development Board Clean Water Revolving Fund, for the costs associated
with the design and construction of the John Hargrove Water Reclamation
Facility ("JHWRF") Expansion Project, in the amount of $64,000,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City council hereby authorizes the submittal of a funding assistance
application to the Texas Water Development Board Clean Water Revolving Fund, for the costs
associated with the design and construction of the John Hargrove Water Reclamation Facility
("JHWRF") Expansion Project, in the amount of $64,000,000.00.
Section 2. That the City Manager or his designee is hereby authorized to execute a funding
assistance application to the Texas Water Development Board,
PASSED, APPROVED, AND ADOPTED this 27th day of January, A.D., 2020.
TOM REID
MAYOR
ATTEST
CRY TAL ROAN, TRMC, CMC.`O��V.�'-R''L_6«°;ell
10
CITY SECRETARY .• •;
APPROVED AS TO FORM:116
'
VIP
DARRIN M. COKER
CITY ATTORNEY
TWDB-0201A
Rev 11/16
Application Filing and Authorized Representative Resolution
A RESOLUTION by the City Council
City of Pearland
of the
requesting financial assistance from the Texas Water
Development Board; authorizing the filing of an application for assistance; and making certain findings in
connection therewith.
BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PEARLAND
SECTION 1: That an application is hereby approved and authorized to be filed with the Texas Water
Development Board seeking financial assistance in an amount not to exceed $ Wh ()DD.00 to provide
for the costs of design and construction of the JHEC WRF Expansion
SECTION 2: That City Manager, Deputy City Manager and Assistant City Manager be and is hereby
designated the authorized representative of the City of Pearland, Texas
for purposes
of furnishing such information and executing such documents as may be required in connection with the preparation
and filing of such application for financial assistance and the rules of the Texas Water Development Board.
SECTION 3: That the following firms and individuals are hereby authorized and directed to aid and assist
in the preparation and submission of such application and appear on behalf of and represent the
before any hearing held by the Texas Water
Development B(6d on such application, to wit:
Financial Advisor: 12)DK0WIC4 aJS� j -jl � , I_I rA
I40 C'K-I (Ineq s't-.11fl00,1br 1_,
�1Of
Engineer: Ardurra - Mr. Christopher M. Munson, P.E.
2032 Buffalo Terrace, Houston, TX 77019
Bond Counsel: -01XI64n WfriO4Vr1 4- 5Q-+CAW� UP
fry �1 ! I Roo !! _
?/1 J
PAS AND APPROVED, this the day of %LtJ 0
ATTES By:
(Seal): i=
1pttNt```
s
TWDB-0201
Rev 11/16
Application Affidavit
THE STATE OF TEXAS
COUNTY OF Brazoria
APPLICANT City of Pearland, Texas
BEFORE ME, the undersigned,, a Notary Public in and for the State of Texas, on this day
personally appeared P I �I as the Authorized Representative of the
G1*.1}4 Y n t,Q,1' W&k . OfA j , who being by me duly sworn, upon oath says that:
1. The decision by the City of Pearland, Texas
(authority, city, county, corporation,
district) to request financial assistance from the Texas Water Development Board ("TWDB") was made in a public
meeting held in accordance with the Open Meetings Act (Government Code, §551.001, et seq,) and after providing
all such notice as required by such Act as is applicable to the City of Pearland, Texas (authority, city,
county, corporation, district) .
belief.
2. The information submitted in the application is true and correct according to my best knowledge and
3. The City of Pearland, Texas
(authority, city, county, corporation, district) has no
pending, threatened, or outstanding judgments, orders, fines, penalties, taxes, assessment or other enforcement or
compliance issue of any kind or nature by the Environmental Protection Agency, Texas Commission on
Environmental Quality, Texas Comptroller, Texas Secretary of State, or any other federal, state or local government,
except for the following (if no such outstanding compliance issues, write in "none").
the pending compliance violations and enforcement negotiations with the Texas Commission on Environmental
Quality concerning the Reflection Bay Water Reclamation Facility and Barry Rose Water Reclamation Facility.
4. The City of Pearland, Texas (authority, city, county, corporation, district) warrants
compliance with the representations made in the application in the event that the TWDB provides the financial
assistance; and
5. the City of Pearland, Texas (authority,
with all applicable federal laws, rules, and regulations as well as the laws
of the TWDB.
Title:
SWORN TO AND SUBSCRI ED BEFORE ME, by �i
on this 314 day of 120
(NOTARY'S SEAL) 'ay'"s DORA BARRON
_ Notary ID #10919116
s, My Commission Expires
September 4, 2022
corporation, district) will comply
e an4 the rules and regulations
R
Public, State df Texas
TWDB-0201 B
Rev 11/16
Application Resolution - Certificate of Secretary
THE STATE OF TEXAS
COUNTY OF Brazoria
APPLICANT City of Pearland, Texas
I, the undersigned, Secretary of the City of Pearland Texas,
DO HEREBY CERTIFY as follows:
1. That on the 27th day of January , 20 20 , a re ular/special meeting of the
City of Pearland City Council was held; the duly constituted members of the
City of Pearland City Council being as follows:
J�n
4 Q �r►S
Among other business considfed at the meeting, the attached resolution entitled:
"A RESOLUTION by the city council of the City of Pearland requesting
financial participation from the Texas Water Development Board; authorizing the filing of an application
for financial participation; and making certain findings in connection therewith."
was introduced and submitted to the City of Peariand city Council f r passage and adoption. After
presentation an consideration of the resolution, and upon a motion made b�, �t MAM,.. l�nAA�4&
seconded D uni.,ln�r41r", /VBG , the resolution was passed and adopted by the
i1 t111Afnp 'Iby the following vote:
voted "For"
Dvoted "Against" —0— abstained
all as shown in the official minutes of theCiN t[ k"WCE�t &W4 ror this meeting.
2. That the attached resolution is a true and correct copy of the original on file in the official records
of the City of Pearland, Texas ; the qualified and acting members of the City council on
the date of this meeting are those persons shown above and, according to the records of my office, advance notice of
the time, place, and purpose of meeting was given to each member of the city Council ; and that the
meeting, and the deliberations of the public business described above, was open to the public and written notice of
the meeting, including the subject of the resolution described above, was posted and given in advance of the meeting
in compliance with the provisions of Chapter 551 of the Texas Government Code.
IN WtT SS HEREOF, I have signed my name and affixed tbf seal of
the tQ �Q.YIC , this the day of CAMIA, MOW
R L4
= Secretar
(SEAL) �-
•ti r
STATE OF TEXAS
COUNTY OF Brazoria
SITE
CERTIFICATE
Before me, the undersigned notary, on this day personally appeared
Clay Pearson, City Manager , a person whose identity is
known to me or who has presented to me a satisfactory proof of identity. After I administered an
oath, this person swore to the following:
(1) My name is Clay Pearson, City Manager . I am over 18 years of age and
I am of sound mind, and capable of swearing to the facts contained in this Site Certificate. The
facts stated in this certificate are within my personal knowledge and are true and correct.
(2) I am an authorized representative of City of Pearland ,
an entity that has filed an application for financial assistance with the Texas Water Development
Board for a (water) (wastewater) project.
Please complete only those sections that apply to your project:
LEGAL CERTIFICATION — LEASE/CONTRACT
I certify that:
(Legal Name of Applicant, i.e., City, District, etc.)
has executed a written lease or other contractual agreement to use the property needed for this
(water)(wastewater) project that extends through (date),
the life of the Texas Water Development Board loan or grant that will be used to finance this
project, either in whole or in part. A copy of this lease or agreement is attached hereto.
LEGAL CERTIFICATION — PROPERTY EASEMENT
I certify that:
(Legal Name of Applicant, i.e., City, District, etc.)
has executed an express easement to use the property needed for this (water) (wastewater)
project that extends through the life of the Texas Water Development Board loan or grant that
will be used to finance this project, either in whole or in part. The express easement to use the
property needed for this (water) (wastewater) project extends through (date).
A copy of the express easement agreement is attached hereto.
ED -101
Rev 9/16
LEGAL CERTIFICATION — OWNERSHIP INTEREST
I certify that the City of Pearland, Texas
(Legal Name of Applicant, e.g. City, District, etc.)
&ption A: has acquired the necessary real property interest, as evidenced by fee simple
purchase, deed, fully executed earnest money contracts, or completion of eminent domain
proceedings; that such acquisition will guarantee access and egress; and such interest will
contain the necessary easements, rights of way, or unrestricted use as is required for the project
being financed by the Texas Water Development Board. The legal description is referenced
below.
(>ption B: is in the process of acquiring the necessary real property interest, as evidenced by
earnest money contracts, contracts for sale, firm option agreements to purchase the subject
property, or the initiation of eminent domain procedures; that such acquisition will guarantee
access and egress; and such interest will contain the necessary easements, rights of way, or
unrestricted use as is required for the project being financed by the Texas Water Development
Board. The legal description is referenced below. The anticipated date of acquisition is:
The property has been/will be acquired with the use of eminent domain: QTrue Dalse
Location and Description of Property Interests acquired for Project:
5900 Magnolia Parkway, Pearland, Texas 77584
SOUTHWEST ENVIRONMENTAL CENTER BLK 2 LOT A ACRES 9.7204
Any deeds or other instruments required to be recorded to protect the title(s) held by
the City of Pearland, Texas (Legal Name of Applicant)
have been recorded or filed for the record in the County deed records or other required location.
The following documents are attached hereto:
Description of documents that were used or will be used to acquire the property:
WW De-�
�ra� Q,rra.rN� Dteo(
`na.l Ju�Cg-crn-�.r�t
ED -101
Rev 9/16
EXECUTED this 27th
day of January 20 20
(Signature)
Mr. Clay Pearson
(Print Name)
City Manager
(Title)
SwKn to and subscribed before me by on this 31 b"i day
of ,20
NVw bm Y b%✓-- (Notary Public in and for the State of Texas)
PU e� DORA BARRON
: Notary ID t11D919116
r
�� +� My Commission Expires
fov�� September 4, 2022
[SEAL]
ED -101
Rev 9/16
TWDB-213
Rev 11/16
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form LLL "Disclosure Form to Report Lobbying," in
accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31 United States Code (U.S.C.), Chapter 1352. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more Omp $100,090 for each such failure.
1/27/20
LIZ
Head of Agency or Organization Date
Mr. Clay Pearson, City Manager
Type Name and Title
City of Pearland, Texas
3519 Liberty Drive, Pearland, Texas 77581
Name and address of Agency/Organization
SRF -404
4/16/2015
Debarment / Suspension Certification
Clay Pearson
I, , hereby certify that I have checked on the federal
(Authorized Representative of Recipient)
System for Award Management (www.sam.gov) website and determined that
the City of Pearland
(Name of entity)
is not shown as an "excluded party" that is debarred,
suspended or otherwise excluded from or ineligible for participation in federal assistance
programs under Executive Order 12549. (See 2 CFR Part 180 and 2 CFR Part 1532 for
additional information on the federal governmentwide debarment and suspension system for
nonprocurement programs and activities.)
I understand that a false statement herein may subject me to penalties under federal and state
laws relati to filing false statements and other relevant statutes.
January 27, 2020
Si ature Date
City Manager
Title
City of Pearland
Name of Recipient
Verifying prime contractors and subcontractors for construction, equipment, supplies and services: Using the
www.sam.gov website, the recipient must verify prior to awarding the contract that the prime contractor is not listed
as an "excluded party" that is debarred, suspended or otherwise excluded from or ineligible. Once any
subcontractors are known, they also must be verified as not listed as an "excluded party" prior to award of a
subcontract. The recipient must print a dated record of the verification from the www.sam.Eov website and retain a
copy that is available for review by TWDB. The prime contractors and subcontractors must be verified prior to the
contract award or the costs may be disallowed.
00 016209
GENERAL WARRANTY DEED
THE STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA
That THE CITY OF PEARLAND, a political subdivision of the State of Texas (hereinafter
referred to as "Grantor"), of the Counties of Brazoria and Harris, State of Texas, for and in
consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration to Grantor
paid by RANDALL L. PATRO and wife, DEANNA M. PATRO (hereinafter referred to as
"Grantees"), ofBrazoria County, Texas, the receipt and sufficiency ofwhich is hereby acknowledged,
has granted, sold and conveyed, and by these presents does grant, sell and convey unto Grantees,
their successors and assigns, real property ("Property") situated in Brazoria County, Texas, as
described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all
purposes:
The Property conveyed shall include all right, title and interest, if any, of Grantor in and to,
(1) any land lying in a street, road, tollway, accessway or easement (including any drainage or flood
control easement) open or proposed, in front of, at the side of, adjoining, or within the Property, (2)
the bed and banks of any bayou, stream, canal or ditch adjoining or adjacent to the Property, (3) all
reversionary rights attributable to the Property, (4) all rights of ingress and egress to the Property by
way of open or dedicated roads and streets adjoining the Property, and (5) all oil, gas or other
minerals in, on or under the aforesaid premises.
This conveyance is made by Grantor and accepted by Grantees subject to all valid and
subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions, rights-of-way
and easements appearing of record in the. Official Public Records of Real Property of Brazoria
County, Texas, relative to the Property, but only to the extent the same are applicable to and
enforceable against the City of Pearland.
Co
Page 1 of 3
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantees, their successors and assigns, forever, and
Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER
DEFEND all and singular the said premises unto Grantees, their successors and assigns, against every
person whomsoever lawfully claiming, or to claim the same, or any part thereof, subject to
reservations from and exceptions to warranty and conveyance described above.
EXECUTED this 3o* day of 19?IF_
CITY OF PEARLAND, GRANTOR
Glen k Erwin
City Manager
GRANTEE'S MAILING ADDRESS:
Randall L. and Deanna M. Patro
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA §
AND HARRIS §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
GLEN R. ERWIN, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and consideration
therein expressed.
UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
A.D., 19 Of .
•* °4; YOUNG LOWING
•��� ma,ry Pow, state of Texas
oomm�j" Expose 4,
Page 3 of 3
IC FOR
NST TE OFTEXASXAS
I
Printed Name: aLmid L-o'e 7A/4
Commission Expires:
Exhibit "A"
Legal Description of Property
98-36128
A 0.4298 ACRE TRACT OUT OF THE H. T. & B. RR. CO. SURVEY, SECTION
14, ABSTRACT 509, BRAZORIA COUNTY, TEXAS, AND ALSO BEING OUT OF
A 80 ACRE TRACT AS RECORDED IN VOLUME 403, PAGE 511, BRAZORIA
COUNTY DEED RECORDS:
BEGINNING AT A 5/8" IRON WHICH BEARS SOUTH 166.80 FEET AND WEST
30.00 FEET FROM THE NORTHEAST CORNER -OF SAID 80 ACRE TRACT;
THENCE WEST, ALONG A COMMON LINE WITH A 103.353 ACRE TRACT AS
SURVEYED BY MICHAEL D. WILSON (R.P.L.S NO. 4821) ON 7/23/98 FOR
STATEWIDE TITLE CO. (GF# 00125), AND A 0.985 ACRE TRACT AS
RECORDED IN VOLUME 1666, PAGE 587, BRAZORIA COUNTY DEED RECORDS,
A DISTANCE OF 249.60 FEET TO A 5/8" IRON ROD FOUND AT THE SOUTH—
WEST CORNER OF SAID 0.985 ACRE TRACT;
THENCE S 580 59' 45" E 291.20 FEET TO A 1/2" IRON ROD SET FOR
CORNER;
THENCE NORTH 150.00 FEET TO THE POINT OF BEGINNING AND CONTAINING
18,720 SQUARE FEET OR 0.4298 ACRE OF LAND.
X
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BILLY L. SHANKS
- 1821 27
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STATEOFTEW
COUWYOFBRAWRIA
FILED FOR RECORD
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TOTAL
17.00
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FILE ;
16294
COUNTY CLERK►RAI�R�1
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1
CASH 11.00
BRAZORIA COUNTY TEXE
=00D1 2147-00d0 0Y38
4/19/00 2113M SED
GFt199125/Statewide/Pearland/ap
96-001551
WARRAM DEED
Date: February _L, 1996
Grantor: R. WEST DEVELOPMENT CO., INC., TRUSTEE
Grantor's Mailing Address (including county):
2510 Westminster
Pearland, Brazoria County, Texas 77581
Grantee: CITY OF PEARLAND, A TEXAS HOME RULE MUNICIPALITY OF
BRAZORIA COUNTY AND HARRIS COUNTY, TEXAS
Grantee's Mailing Address (including county):
3519 Liberty Dr.
Pearland, Brazoria County, Texas 77581
Consideration: TEN AND NO\100 DOLLARS and other valuable consideration
Property:
See Exhibit "A" attached to and made a part hereof.
Reservations from and Exceptions to Conveyance and Warranty:
Easements, right-of-way, and prescriptive rights of record; all presently recorded instruments,
other than liens and conveyances, that affect the property; taxes for 1996, the payment of which
Grantee assumes; and subsequent assessment for that and prior years due to change in land
usage, ownership, or both, the payment of which Grantee assumes.
Grantor, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all
and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to
Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor
binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and
forever defend all and singular to the property to Grantee and Grantee's heirs, executors,
administrators, successors and assigns against every person whomsoever lawfully claiming or
to claim the same or any part thereof, except as to the reservations from and exceptions to
conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
BY: 4�� x".
R. West Development Co., Inc., Trustee
Renee L. West, President
THE STATE OF TEXAS
COUNTY OF BRAZORIA
This instrument was acknowledged before me on the Ict— day of Febniary, 1996,
by Renee West, President of R. West Development Co., Inc., Trustee,
a Texas Corporation, on behalf
AUDREY PFiiU,IpS
(SEA '
� Y Pathic. S ote of Texas
a• Cubo Eg*u agUW
My C
3/30/97
wdlwu ity.rz
of said corporation.
l
- 4 -Ami—,
Notary Pub is tate of Texas
Notary Name Printed or Typed:
AUDREY PHILLIPS
EXHIBIT
Being 108.97 acres of land, more or less, out of Section 13
in the H. T. & B. R.R. Co. Survey, Abstract 240, and out of
Section 14 of the H.T. & B. R.R. Co. Survey, Abstract 509, both
located in Brazoria County, Texas, said 108.97 acres being more
particularly described by metes and bounds as follows:
BEGINNING at the Southwest corner of a 80 acre tract as described
in Volume 403, Page 511, said point being a P.K. nail set in
the centerline of County Road 103 (60.00 feet in width), said
point being further located 1316.85 feet southerly from the
North line of said Section 14, same being the South line of
said Section 13.
THENCE North 00 degree 02 minutes 00 seconds West, along the
centerline of County Road 103 a distance of 1667.80 feet to
a P.K. nail set at the centerline intersection of County Road
103 and Mary's Creek.
THENCE along the centerline of Mary's Creek with the following
courses and distance;
North 71 degrees 33 minutes 00 seconds East, 224.80 feet.
North 76 degrees 50 minutes 00 seconds East, 183.60 feet.
North 83 degrees 53 minutes 00 seconds East, 195.00 feet.
North 88 degrees 05 minutes 00 seconds East, 194.10 feet.
North 89 degrees 30 minutes 20 seconds East, a distance of
1860.44 feet to a point in the center line of Mary's Creek for
corner;
THENCE South at a distance of 502.53 feet pass the South line
of said Section 13, same being the north line of Section 14,
and continue in all a total distance of 1819.48 feet to a j
inch iron rod found for corner at the Southeast corner of the
aforementioned 80 acre tract;
THENCE South 89 degrees 54 minutes 00 seconds West, along the
southerly line of said 80 acre tract a distance of 2639.30 feet
to the POINT OF BEGINNING and containing 108.97 acres of land,
more or less, SAVE AND EXCEPT 14.92 acres of land, more or less,
as described in Volume 1666, Page 587; Volume 956, Page 601;
Volume 971, Page 130; Volume 971, Page 124; Volume 971, Page
170; Volume 964, Page 36 and in Volume 964, Page 48 all in the
Deed Records of Brazoria County, Texas.
FILED FOR RErORD
96 FEB —9 PM 1s 51
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TOTAL
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FILE 4 . 4,954
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DRAWER -A 1 - *'
0001 21.27-0000 0245 2! 9/96 2:21PM F
GF#99348/Statewide/Pearland/ap
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WARRANTY DEED
Date: January 31 , 1996
Grantor: R. WEST DEVELOPMENT CO., INC., TRUSTEE
Grantor's Mailing Address (including county):
2510 Westminster
Pearland, Brazoria County, Texas 77581
Grantee: CITY OF PEARLAND, A TEXAS HOME RULE MUNICIPALITY OF
BRAZORIA COUNTY AND HARRIS COUNTY, TEXAS
Grantee's Mailing Address (including county):
3519 Liberty Dr.
Pearland, Brazoria County, Texas 77581
Consideration: TEN AND NO\ 100 DOLLARS and other valuable consideration
Property:
See Exhibit "A" attached to and made a part hereof.
Reservations from and Exceptions to Conveyance and Warranty:
Easements, right-of-way, and prescriptive rights of record; all presently recorded instruments,
other than liens and conveyances, that affect the property; taxes for 1996, the payment of which
Grantee assumes; and subsequent assessment for that and prior years due to change in land
usage, ownership, or both, the payment of which Grantee assumes.
Grantor, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all
and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to
Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor
binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and
forever defend all and singular to the property to Grantee and Grantee's heirs, executors,
administrators, successors and assigns against every person whomsoever lawfully claiming or
to claim the same or any part thereof, except as to the reservations from and exceptions to
conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
BY:
R. West Development Co., Inc., Trustee
Renee' L. West, President
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
This instrument was acknowledged before me on the day of i�996,
by Renee West, President of R. West Development Co., Inc., Trustee, a Texas
Corporation, on behalf of said corporation.
(SEAL)
Notary Pu i ,State of Texas
My Commission Expires:
3/30/97 Notary Name Printed or Typed:
Audrey Phillips
t y Asa ;iy R-111LIP8
3-30-97
wdkaamityAmi
EXHIBIT "A"
FIELD NOTES
Of A Survey Of
A parcel of land situated in an 80 acre tract of land situated in Section 14, H.T.& B.R.R. Co. Survey,
Abstract 509, said 80 acres being more particularly described in Vol. 403, Page 511 of the Deed Records
of Brazoria County, Texas, and the herein described parcel being more particularly described by metes
and bounds as follows:
BEGIN at a point at the intersection of the East right-of-way line of County Road 103
and the South line of said 80 acre tract as above described; THENCE North along and with the East
right-of-way line of County Road 103 a distance of 224.62 feet to a point for corner; THENCE East a
distance of 2044.2 feet to a point at the intersection of Mission Drive and Aubreil Drive for a corner;
THENCE North along and with the center line of Aubreli Drive a distance of 180.0 feet to a point for
corner; THENCE West a distance of 30 feet to an iron rod set for the Northeast corner of the herein
described tract and also as the place of beginning;
THENCE West a distance of 250.0 feet to an iron rod set for the Northwest corner of
the herein described tract;
THENCE South a distance of 150.0 feet to an iron rod set in the North right-of-way line
of Mission Drive for the Southwest corner of the herein described tract;
THENCE East along and with the North right-of-way line of Mission Drive a distance
of 230.0 feet to an iron rod set for the P.C. of a curve to the left;
THENCE along and with the arc of said curve to the left for a central angle of 90 deg.
and a radius of 20 feet a distance of 31.42 feet to an iron rod set for corner;
THENCE North a distance of 130.0 feet to the place of beginning.
Said tract of land comprises Lot 89 of the proposed West Meadows Subdivision which
is unrecorded at the present time.
w6amiexba.arj
Fif Fp Fnc'rTn
P
96 FEB _g PM t: S3
604
IM NATE OF TEXAS
COUNTY OF BRAZOFNA
LDOLLY fiA ".CW*atV0O*MV0aatinandferfka1- - Oww'
TYaa, do irMabq OW01 l0 *44 VArAnt wa PLED FOR PA CORD
End WORDED in ft OFFRYAL MOM at h >fnn and data ar
ataw;ia/IwaonYyaM. 8' /j
96-00456
SECURITY FEE 1.
MHGMT—FRES 5.
RECCIRDING 7.
TOTAL
13_00
FILE ar 4558
CHECK 13.
TAWER—A 1
0001 2127-0000 0249 2/ 9/96 2e23Ffl FR
GF#99378/Statewide/Pearland aa
/ 1� AlAt the time of ntcordeNon, this Instrument was Lound to be
Inadequate for the best photographic reproduction because
96-006918 d illegibility, carbon, or and Chang discolored papa, etc. `
NI blodcoute, additions and changes were present at the u1
Urns Mw Insin"rd was filed and recorded.
WARRANTY DEED
Date: January 31_, 1996
Grantor: R. WEST DEVELOPMENT CO., INC., TRUSTEE
Grantor's Mailing Address (including county):
2510 Westminster
Pearland, Brazoria County, Texas 77581
Grantee: CITY OF PEARLAND, A TEXAS HOME RULE MUNICIPALITY OF
BRAZORIA COUNTY AND HARRIS COUNTY, TEXAS
Grantee's Mailing Address (including county):
3519 Liberty Dr.
Pearland, Brazoria County, Texas 77581
Consideration: TEN AND NO1100 DOLLARS and other valuable consideration
Property:
See Exhibit "A" attached to and made a part hereof.
Reservations from and Exceptions to Conveyance and Warranty:
Easements, right-of-way, and prescriptive rights of record; all presently recorded instruments,
other than liens and conveyances, that affect the property; taxes for 1996, the payment of which
Grantee assumes; and subsequent assessment for that and prior years due to change in land
usage, ownership, or both, the payment of which Grantee assumes.
Grantor, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all
and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to
Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor
binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and
forever defend all and singular to the property to Grantee and Grantee's heirs, executors,
administrators, successors and assigns against every person whomsoever lawfully claiming or
to claim the same or any part thereof, except as to the reservations from and exceptions to
conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
BY: vim-- � -z
R. West Development Co., Inc., Trustee
Renee' L. West, President
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
This instrument was acknowledged before me on the 9/,0 day of January, 1996,
by Renee' L. West, President of R. West Develovment Co., Inc.,
a Texas.Corporation, Trustee.
(SEAL)
My Commission Expires:
3/30/97
vdlwmcq.me
Notary Name Printed or Typed:
Audrey Phillips
w, AUDREY PHILLIPS
�r
NrAsry pae. Sete o1 T$xae
PROPERTY EXHIBIT
.6 acres Mtuate.d In tho Southwow. rornor of rtn so) fivro
1: riw -1: of li-mr]
situated in Section 14, H. T. & 13. R.R. Co. SurVey, Abstr-act. 509, said
80 acre, bpJM described in Vn)kime 403, Page 511 of the Deod R(rr)r(l,; of
Brazoria County, Twkag, and being more particularly described by moton
and hounds, aq fol.lown-.
SFGTNNTNG- at an Iron rod set in tho eu,:1-sting eapt .11ne of tbr- 60 foril
wide County Road 103 from which point an iron rod is sel; at tlitn
intersection of the Fast line of .:aid 60 foot wide- Cotitity RofAd 109 wil:1.1
the South line of the above. described 80 acre tract, hear.^. South a
distance of 1.58.5 feet for the. Southwer.t corner of the herein
.6 acre tract and also the place of begi.nnIng;
THENCE cont.1ritting North ajpnrj i-irl(l w.itri t:j-jo I:Inr- of f:wtl 1;01 riirii
wide County Road 103 :.1 distance of 1.32 fent to an iron rod for cornor;
THENCE, et dJcd'.mrwe of 19S for -t. to t-ai Iron rein for nelf-110r;
THENCE South a distance of 132 feet, to an iron rod for corner;
THENCE West a r0stance of 198 fart to trip place ref
Said tract contains .6 acrps of land and is called Lot III of the
unrecorded p);Fjt of Wert: mpar](1w. Slibrilv1sion, -find tbjf'; convoym-wo i::
subJect to all restrictions of record.
I
ronwmopvnw
MOM
CO.. Tx
FILED Fell.
96 FEB 29 AH If: 46
COUNTY C
-,LERK
5"'fA rNW7. TFYAS
OTATFMDE TITLE COMPANY'
3302 E. WALNUT
PEARLAND, TEXAS7M
VI 3) 4854M
co
O
O
O
eo
OD
GF#99375/Statewide/Pearland/ap O
96--006949
WARDEEDRANTY
Date: January ,3L, 1996
Grantor: R. WEST DEVELOPMENT CO., INC., TRUSTEE
Grantor's Mailing Address (including county):
2510 Westminster
Pearland, Brazoria County, Texas 77581
Grantee: CITY OF PEARLAND, A HOME RULE MUNICIPALITY OF BRAZORIA
COUNTY AND HARRIS COUNTY, TEXAS
Grantee's Mailing Address (including county):
3519 Liberty Dr.
Pearland, Brazoria County, Texas 77581
Consideration: TEN AND NO\100 DOLLARS and other valuable consideration
Property:
See Exhibit "A" attached to and made a part hereof.
Reservations from and Exceptions to Conveyance and Warranty:
Easements, right-of-way, and prescriptive rights of record; all presently recorded instruments,
other than liens and conveyances, that affect the property; taxes for 1996, the payment of which
Grantee assumes; and subsequent assessment for that and prior years due to change in land
usage, ownership, or both, the payment of which Grantee assumes.
Grantor, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all
and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to
Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor
binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and
forever defend all and singular to the property to Grantee and Grantee's heirs, executors,
administrators, successors and assigns against every person whomsoever lawfully claiming or
to claim the same or any part thereof, except as to the reservations from and exceptions to
conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
7
BY:
R. West Development Co., Inc., Trustee
Renee' L. West, President
RECORDER'S MEMORANDUM:
At the time of rseadabon, this Instrunwnt was toured to be
Inadequate for the best photographic reproduction because
of fllegIbUy, carbon, or photo -copy, dsoobred paper, etc.
All blockouts, addMons and changes wan present at the
time are krdnmerr was Nod anti rw yvdM_
THE STATE OF TEXAS
COUNTY OF BRAZORIA
This instrument was acknowledged before me on the 31st day of January, 1996,
by Renee' L. West, President of R. West Development Co., Inc., Trustee
a Texas Corporation, on behalf of d co oration.
(SEAL)
Notary PubV, , to of Texas
My Commission Expires:
3/30/97
Notary Name Printed or Typed:
Audrey Phillips
PH111�
AI %DFiMacewe 01,T9182
NOW.
e
s COQ
"WSM4AA
PROPERTY EXHIBIT
A parcel of land situated in an 80 acre tract of, land situated In
Section 14, H. T. & R. R.R. Co. Survey, Abstract 509, said 80 acres
being more particularly described in volume 403, Page 511. of the need
Rorords of Brazoria County, Texas, and the herein described r:Zrcrl hei ng
more particr►larly described by meter and bounds as follows:
BEGTN at at point at the intersection of the centerline of County Rost
103 and the South .tine of. said 80 acre tract above described; THFNCF.
North along and with the centerl i nP of Country Rond 103 a cit st:r:nco nf•
684.5 feet to a point for corner; THFNCF Fast a distance of 1200.9 fear.
to a point for corner; THENCE: North 0 deg. 75 min. West a distance of
30.0 feet to an iron rod Get for the Southwest corner of tho hnrrir.
described parcel and also as the place of. beginning;
THFNCF North 0 docs. 25 min. West n1 ong rind with the Fast: 1 i np of n 40
foot pipeline easement a distance of 148.0 feet to nn'iron rod set for -
the Northwest corner of the herein described prarcP3;i
THENCE East a distance of 287.92 feet to an iron rod set, for, thr.,
Northeast corner of the heroin desc,ribPd parcel;
THENCE South a distance of 1.28.0 feet to an iron rod;
THENCE alone and with the arc of.' a curve to the right having a radJus of
20 feet and a center angle of 90 deg. a: distance of 91.4 feet to an iron
rod;
THENCE West n distance of 7.66.83 feet to the place of hec3inning.
Said parcel of land comprises Lot Sixty -Five (65) of the proposed We t
Meadows Subdivision which is unrecorded at the present time.
�
..i wrr
rt►�•ri�w�
Moe eft4n,
civa.+�aCc Tx
FILED FOR R=TORI?
96 FEB 29 AN 11: 47
,-Sl�l
COUNTY CLEF%
EjiA7eFIA rnu4 v, fEXA:
4J } fiOtZi 96/f /£ 6m owo-alz low
�o
66900-96
6 64
T 31I1
00'£1` .•
,
L
-
91iI0miu.,
i
33A ,UISM39
r�
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66900-96
l o✓1�Oh
96--011360 . .
WARRANTY DEED
r'.
Date: March a, 1996 y
Grantor: R. WEST DEVELOPMENT CO., INC., TRUSTEE
Grantor's Mailing Address (including county):
2510 Westminster
Pearland, Texas 77581
Grantee: CITY OF PEARLAND, A TEXAS HOME RULE MUNICIPALITY OF
BRAZORIA COUNTY AND HARRIS COUNTY, TEXAS
Grantee's Mailing Address (including county):
3519 Liberty Dr.
PearIand, Brazoria County, Texas 77581
Consideration: TEN AND NO\100 DOLLARS and other valuable consideration
Property:
See Exhibit "A" attached to and made a part hereof.
Reservations from and Exceptions to Conveyance and Warr9nty:
Easements, right-of-way, and prescriptive rights of record; all presently recorded instruments,
other than liens and conveyances, that affect the property; taxes for 1996, the payment of which
Granter assumes; and subsequent assessment for that and prior years due to change in land
usage, ownership, or both, the payment of which Grantee assumes.
Grantor, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all
and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to
Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor
binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and
forever defend all and singular to the property to Grantee and Grantee's heirs, executors,
administrators, successors and assigns against every person whomsoever lawfully claiming or
to claim the same or any part thereof, except as to the reservations from and exceptions to
conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
BY:
R. West Development Co., Inc., Trustee
Renee' L. West, President
RECORDER'S MEMORANDUM:
At the time of tecordatton, this instrument was found to be
inadequate for the best photogrsphlc reproduction because
of ilegbillty, carbon, or photo -copy, discolored paper, etc.
All blodrouts, addillons and changes were present at the
time the ktehtanent was Mod and recorded.
THS STATE OF TEXAS
COUNTY OF BRAZORIA
This instrument was acknowledged before me on the
by k-P,w' L. Ke ,+
day of March, 1996,
DAWANDERSON PPubHO
STATE OF TEXAS
y�� n My coad*" E*M W1309
(SEAL)
Notary Public, State of Texas
My Commission Expires:
n -' 5A Notary Name Printed or Typed:
- G)a
�1 um M6 -50n
wd\Wuxeity.lit
TRACT T EXHIBIT "A"
[Ltrrrl of lance ^iti.tfttrd in T.O1. 4R of I+ir,lttnri larr}':::rri R>>h^I;Ivir.:.inrl Nn. -
1, Srcti.on 13, H.T. k R.R.R. Co. S:.trvny, Ah.^l:r:trt: 240, Rraiorin County,
Texas,, and being more Varti.cutarl.y described by metes and hounds as ,
follows :
REGIN at the Southeast corner of said Lot 44 of Figland Orchard
Aihdi,vJsion No. 1; THFNCF North along and with the Feist lotline of said'
i,ot 48 a distance of T94.35 feet to a point in the North right-of-way
line of a proposed 150 font stroof rrillrct Sunset nrivn;
THFNCF West along and with the North right -of. -way l..t.ne, of Raid Sian.^.•et
Drive a distance of )5.0 foot to :in iron rod ..<,ot for t:ho Snut:hntafit
corner of the herein deperlhed V arcel. of. land and aloe ar> the place of
hr..gl nn i ng;
THENCE West along and with tho North liar of r tiro 50) fruit Sign nt Drive
a distance of. 1301.0 fret to an iron rod for. corner;
THENCE North a di stfinro of 777.5 fort- to nn iron rori r,r•i• in thn Srntth
right -of. -way .line of. a 75 font drainarin ennement for corner;
THENCE North 89 degrees 27 minutes E=ast along tinct with the Fk)uth line of
said drainage eafiement a distance of. 1.30.0 feet to an iron rod for
corner;
THENCE South a distance. of 778.0 fr.ni: to tho piano of beginning.
The foregoing property hoing further ident if le.d as i,ot 24 of West
Meadows Subdivision, a plat: of said. ,Uhriivistnn to hr rocorded
hereafter.
TRACT TT
A parcel. of 1t_ind.,situatrd in the Southwest corner of. an 80 acre tract of
band situated in Section 14, H.T.&R.R.R. Co. Survey, Ahs:tracrt: 509, staid
80 acre„ being more particularly described in Vol Ume 403, page 511 of
the Need Records of. Rra7oria County, Toxas, and n-100 pargol heing more
particularly described by metes and bounds as follows:
RFCTN at an iron rod set at the intorsor..ti.nn of the South 3i•ne of said
80 acre tract with the Fast line of. a 60 fool: County Road No. 1.03 for,
>the Southwest porner of the hi trin desr.rihrd parg.rl of land and also as
the place of beginning;
THENCE North along and with thc? F-Ist l inn of 1501 font County Road No. 1013
at A distance of. 12r.5 feet p, , an iron rod and continue on same
Course, at a di .stanr e of 758.5 feg•.t pans an iron rod and g. not i naae on
same course for a total distance of. 390.5 feet- to an iron rod for
corner;
THENCE Feast a di steinco of 198.:1 fbot to mn iron rod for corner;
THFNCF North 34.0 feet to an iron rod for corner;
THENCE Fast a distance of l9tO.0 feet, to 4tn iron rod .set In the West li.ne
of. proposed MI.ssion Drive for the p.c. of. Fa curve to the left;
THENCE along and with the curve to tho left: having, a radials of 230 feet
and a central tangle of. 90 degrees a d1.tance of. 31.2.5 feet to an iron
rod for corner;
THENCE South 1.7 degrees 07 minut(?'.: We':t: a dlstarlco of 701.0 feet to an
Iron .rod net, In the South line of the above door,.ri.hed 80 acre tract;
THENCE South 89 degrees 54 minutes West alone and with the South tract
line mf the above described 80 acre tract at a dirtrance of 337,3 feet
pass Fin iron rod and continuo on samo course for n total distance of
535.:3 feet to the place of hogtnni.ng.
Tho forngoing property bring fvr"hor irlontifir•d, a<: T,ots 104, 3015, loK,
1.1.1, 11.7 and 1.13 of'West, Meadow; Smbctivi^ion, a plat of said si.tbdi.vi..sion
to he recorded hereafter.. (SAVE, AND FXCFPT LOT 1.1.1, AS THF SAME IS
DESC,`RTAFTI TN TNSTRUMFNT FTT.90 FFRR.i1ARV 2q, l9g6, UNDER SRA7ORTA COUNTY
M.FRY.'S FIDE NO. 96006947, OFFTCTAT, RFCORnS OF RRA70RTA COUNTY, TEXAS.)
96--011360 svxjN ,lu ,ll1NflbolvLu
a i =fi ud s- �dn 9b
J80jjy JLJ fl ll�
T- a r:
9 It
a
I Flow sit
a
Fs
SECJRITY FEE i
-. �REC GING . 7
.00
Fi CFIECx� 13
0001IIt-0000 501 4/ 4/96 4:30PM T!
��o 0
9F-9605-3231 97-009712
SWu-P/tlh
GENERAL WARRANTY DEED
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF BRAZORIA
THAT I, Willis Chester Barton, a single person, hereinafter known as Grantor of the County of
UA; (1 u m 5Lon , State of Texas, for in consideration of the sum of THREE THOUSAND EIGHT
HUNDRED SEVENTY and No/100 ($3,870.00) Dollars to Grantor paid by the City of Pearland, (a
political subdivision of the State of Texas), the receipt and sufficiency of which is hereby
acknowledged, has granted, sold and conveyed, and by these presents does grant, sell and convey unto
the said City of Pearland, hereinafter known as City, its successors and assigns, the following
described property situated in Brazoria County, Texas:
Being a 0.86 acre tract of land located in the H.T. & B.R.R. Company Survey, Section 14,
Abstract No. 509 in Brazoria County, Texas. Said 0.86 acre tract is part of an 80 acre tract
of land described in a deed recorded in Volume 403, Page 571 of the Brazoria County Deed
Records. This tract is described in a deed to Willis Chester Barton and wife, Shirley Neiline
Barton in a deed recorded in Volume 971, Page 130 of the Brazoria County Deed Records and
being more particularly described in Exhibit "A" attached hereto and made a part hereof,
together with any improvements located thereon and any and all appurtenances belonging
thereto.
TO HAVE AND TO HOLD the above described premises, together with all and singular the
rights and appurtenances thereto in anywise belonging unto the said City, its successors and assigns,
forever; save and except the following reservations and provisions.
The Grantor reserves all of the oil, gas and sulphur in and under the aforesaid premises, but
waives all rights of ingress and egress for the purposes of exploring, mining or drilling for the same;
however, nothing in this reservation shall affect the rights of the City to use said land and other
minerals and materials thereon, therein or thereunder for construction of the Southwest Environmental
Center Project, it being specifically understood that the City and its assigns shall be vested with the
right to take and use, without additional compensation, any sand, stone, earth, gravel, caliche or any
other materials or minerals upon, in and under said land except oil, gas and sulphur, for the
construction and maintenance of the Southwest Environmental Center Project in Brazoria County,
Texas.
And the said Grantor does hereby bind myself, my heirs, my successors and assigns to warrant
and forever defend all and singular the said premises unto the said City of Pearland, its successors and
assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof.
This conveyance is subject to all easements, restrictions and reservations of record in the
County Clerk's Official Public Records of Real Property of Brazoria County, which affect the property
herein conveyed, to the extent they are valid and subsisting and are enforceable against a political
subdivision of the State of Texas.
EXECUTED this day of1997.
GRANTOR
Grantee's Address
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
ACKNOWLEDGMENT
THE STATE OF TEXAS §
§
COUNTY O
THIS INS UMENT wag acknowledged before me on the day A 1997,
by
WRIGHT
After recording return to: �• •3 rotary vuftc, state of Texu
., ar My Cwwissian Expires 05.11-9?
'+�o., jai•
City of Pearland�
3519 Liberty Drive
Pearland, Texas 77581
Attn: Richard Burdine
E =1T "A"
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 0.86 acre tract of land located in the H.T. & B.R.R.
Company Survey, Section 14, Abstract No. 509 in Brazoria County, Texas. Said 0.86
acre tract is a part of an 80 acre tract of land described in a deed recorded in Volume
403, Page 571 of the Brazoria County Deed Records. This tract is described in a deed
to Willis Chester Barton and wife, Shirley Neiline Barton in a deed recorded in Volume
971, Page 130 of the Brazoria County Deed Records and is more particularly described
by metes and bounds as follows:
COMMENCING at the southeast comer of said 80 acre tract;
THENCE, North along the east line of said 80 acre tract, passing a found Y4 -inch iron
pipe at 21.02 feet, and continuing for a total distance of 249.69 feet to a point for
comer;
THENCE; West for a distance of 280.59 feet to a 5/8 -inch iron rod set for the POINT
OF BEGINNING and the southeast comer of the herein described tract;
THENCE, West along the south line of the herein described tract for a distance of
230.00 feet to a 5/8 -inch iron rod set for the point of curvature of a curve to the right,-
THENCE,
ight;THENCE, along said curve to the right having a radius of 20.00 feet, a central angle of
90100'42', for an arc distance of 31.42 feet to a 5/8 -inch iron rod set for the point of
tangency of said curve;
THENCE, North along the west line of the herein described tract for a distance of
130.00 feet to a 5/8 -inch iron rod set for the northwest comer of the herein described
tract;
THENCE, East.�(ong the north line of the herein described tract for a distance of
2.50.00 feet to a 5/8 -inch iron rod set for the northeast comer of this tract;
THENCE, South along the east line of the herein described tract for a distance of
150.00 feet to the POINT OF BEGINNING, containing a computed area of 0.86 of an
acre (37,414 square feet).
Walsh Surveying, Inc.
2006 E. Broadway, Suite 105
Pearland, Texas 77581 Mi hael D. Wilson, R.P.L.S. \
(713) 485-3991 Registration No. 4821 OF';�� r4j
MICHAEL D. WILSCII i
Q
4821
333
FILED FOR RE -CORD
97NAR 20 PH 4:49
%.... ccuu!y
THE STATE OF TEXAS
OWNTYOFDPAZOMA
1. GOLLY -ft". cwk of me ftm*ONW k, ww kromeim cam.
Two. do tweby offt
and R ECORM in V=== ==T
stanp.dimm bywa
4410� .6
amw* M* co eraldA Ca. Tx
Return to S\NLT - pearland
2405 S -Grand Blvd.
pearland ' -TX 77588
97-020860
GENERAL WARRANTY DEED
THE STATE OF TEXAS
AUM07r ie Company tt30
is Ar.7DMdW+
�g %jaz )"w -go -P&
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF BRAZORIA
THAT we, William E. Britt and wife, Christine Rae Britt hereinafter known as Grantor of the
County of Harris, State of Texas, for in consideration of the sum of FIVE THOUSAND and No/ 100
($5,000.00) Dollars to Grantor paid by the City of Pearland, (a political subdivision of the State of
Texas), the receipt and sufficiency of which is hereby acknowledged, has granted, sold and conveyed,
and by these presents does grant, sell and convey unto the said City of Pearland, hereinafter known as
City, its successors and assigns, the following described property situated in Brazoria County, Texas:
Being a 0.86 acre tract of land located in the H.T. & B.R.R. Company Survey, Section 13,
Abstract No. 240 and the H.T. & B.R.R. Company Survey, Section 14, Abstract No. 509 in
Brazoria County, Texas. Said 0.86 acre tract is part of Lots 47 and 48 of the Figland
Orchard Subdivision No. 1 as recorded in Volume 3, Page 77 of the Brazoria County Map
Records and is also part of a 80 acre tract of land described in a deed recorded in Volume 403,
Page 571 of the Brazoria County Deed Records. This tract is described in a deed to William
E. Britt and wife, Christine Rae Britt in a deed recorded in Volume 971, Page 170 of the
Brazoria County Deed Records and being more particularly described in Exhibit "A" attached
hereto and made a part hereof, together with any improvements located thereon and any and
all appurtenances belonging thereto.
TO HAVE AND TO HOLD the above described premises, together with all and singular the
rights and appurtenances thereto in anywise belonging unto the said City, its successors and assigns,
forever; save and except the following reservations and provisions.
The Grantor reserves all of the oil, gas and sulphur in and under the aforesaid premises, but
waives all rights of ingress and egress for the purposes of exploring, mining or drilling for the same;
however, nothing in this reservation shall affect the rights of the City to use said land and other
minerals and materials thereon, therein or thereunder for construction of the Southwest Environmental
Center Project, it being specifically understood that the City and its assigns shall be vested with the
right to take and use, without additional compensation, any sand, stone, earth, gravel, caliche or any
other materials or minerals upon, in and under said land except oil, gas and sulphur, for the
construction and maintenance of the Southwest Environmental Center Project in Brazoria County,
Texas.
And the said Grantor does hereby bind myself, my heirs, my successors and assigns to warrant
and forever defend all and singular the said premises unto the said City of Pearland, its successors and
assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof.
This conveyance is subject to all easements, restrictions and reservations of record in the
County Clerk's Official Public Records of Real Property of Brazoria County, which affect the property
herein conveyed, to the extent they are valid and subsisting and are enforceable against a political
subdivision of the State of Texas.
EXECUTED this �� day of / �� , 1997.
GRANTOR
l�jN C/r
William E. Britt
15027 Pearhaven Dr.
Houston, Texas 77062
Christine Rae Bri
Ir
15027 Pearhaven Dr.
Houston, Texas 77062
Grantee's Address
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
ACKNOWLEDGMENT
J. aml
THE STATE OF TEXAS §`''. >am � PCS
+y�`� State of Tons
COUNTY OF HARRIS§ OF C& EV. 09-W2M
N&tc ry PA (1 c J�!1ag0re-
THIS INSTRUMENT was acknowledged before me on the � day of ?A", 1997,
by William E. Britt.
ACKNOWLEDGMENT
nQL.J f►'lnxicc
THE STATE OF TEXAS §
d�^ fur c��•. npar,a �. lit
r•.. ,,Tp IIJkbtRUMENT was acknowledged before on the Sday of (n&vc 11
,Ar. Yvsa� 1rq�9�7a1�Y,Vh0§ iieRatBritt.
return to: r
n�N1011MtiS: 6.� �-�'
Peal .d ..
3 i i, ve NOfkrY Pv lic Si nafu�e (�
Pea Ian ,T 77581 9 1 \eve,, d,.. ILt1991
Attn: Richard Burdine J
AFTER RECORDIt4e RETU"' TO
Alamo Title Co r p oFC�
Tile Agency Division - PEAR tef
2518 Westin
peadand,Texas 77581
EXHIBIT "A"
POINT OF
COMMENCING
C-1
A- 90'00'42'
R - 20.00'
T -20.00'
L - 31.42'
CH- 28.29'
p•
C8- S 45 00'21' E p�
LOT 48 LOT 47
G
Q
p@G�15
�
O• ��''���EAST G�,Q'JO�'
230.0
n
1f G%.86 ACRES I d o
VOL. 971, PG. 1711
RFLP S B.C,D.R,
1 N
WEST J 250.00' POINT OF
BEGINNING
NORTH UNE OF ORIGINAL �<^I-PC-)
50 ACRE TRACT
Gci
P z
589.60 WEST
O - SET 5/8' IRON ROD
B.C.P.R.- BRAZORIA COUNTY PLAT RECORDS
B.C.D.R.- BRA2oR1A COUNTY DEED RECORDS
Dat til ad D. Wflaw RP.LS.
Ttxas R*glatratlon No. 4821
NOTE:
THE BEARINGS SHOWN HEREON ARE BASED ON
THE RECORD BEARINGS VOLUME 937, PAGE
94b, B.C.D.R.
a CK
'lPt 014' fQ 9
MICHAEL D. WILSON
N 4821
SURA
WALSH SURVEYING INC. BOUN°ARY SURVEY OF A OM ACRE TRACT IN THE
LAND SURVEYORS I H-T.&.B.R.R CO. SECTION 13&14 ABSTRACT N0, 240&309
2006 E. BROADWAY PEARLAND, TEXAS o 0.7. a PLOT DA D� iv _Im O, SCALE SHEET
(713) 485-3991 FAX (713) 485-4322 APpo 4W acD MW D � l' -4o' 1 -1
QR- n7O
EXHIBIT "A"
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 0.86 acre tract of land located in the H.T. & B.R.R.
Company Survey, Section 13, Abstract No. 240 and the N.T. & S.R.R. Company
Survey, Section 14, Abstract No. 509 in Brazoda County, Texas. Said 0.86 acre tract is
a part of Lots 47 and 48 of the Figland Orchard Subdivision No.1 as recorded in
Volume 3, Page 77 if the Brazoda County Map Records and is also a part of an 80 acre
tract of land described in a deed recorded in Volume 403, Page 571 of the Brazoria
County Deed Records. This tract is described in a deed to Wasam E Britt and wife,
Christine Rae Britt in a deed recorded in Volume 971, Page 170 of the Brazoria County
Deed Records and is more nartimlarty described by ,;,ates ajW ineu"as ioiiows.
COMMENCING at the northeast comer of a 108.97 acre had as described in a deed
to Aubrey Ellis, at al, in Volume 937, Page 948 of the Brazoria County Deed Records,
said point being in the centerline of Mary's Creek;
THENCE, South along the east line of 108.97 acre tract, said tine being the centerline
of Hatfield Road (based on a width of 50 -feet) as shown on the recorded map of said
Figland Orchard Subdivision, passing a Y* -inch iron pipe found at a distance of 33.17
feet, passing the northeast comer of the aforementioned 80 acre tract at a distance of
502.03 feet, continuing for a total distance of 668.39 feet to a point for comer,
THENCE, West for a distance of 589.60 feet to a point for comer,
THENCE, North for a distance of 150.00 feet to a 5/8 -inch iron rod set for the POINT
OF BEGINNING and southeast comer of the herein described tract;
THENCE, West along the south line of the herein described tract for a distance of
250.00 feet to a 5/8 -inch iron rod set for comer,
THENCE, North along the west line of the herein described tract for a distance of
150.00 feet to a 5/8 -inch iron rod set for the northeast comer of the herein described
tract;
THENCE, East along the north line of the herein described tract for a distance of
230.00 feet to a 5/8 -inch iron rod set for the point of curvature of a curve to the right;
THENCE, with said curve to the right having a radius of 20.00 feet, a central angle of
90°00'42", (chord bears South 45°00'21" East, 28.29 feet) for an arc distance of 31.42
feet to a 5/8 -inch iron rod set for the point of tangency of said curve;
THENCE, South along the east line of the herein described trail for a distance of
130.00 feet to the POINT OF BEGINNING, containing a computed area of 0.88 of an
acre (37,414 square feet).
Walsh Surveying, Inc.
2008 E. Broadway, Suite 105 t IS
Peadand, Texas 77581 lichael D. i son, P-P.LS.
(713) 485 3991
to -z4-9&
a F ` �
s
MICHAEL D. WILSON
r %?
suai
7HE STA7E OF TEXAS
COUNTY OF 9RAZORU �„Y1AdMF�M'OwfW.
I. DOLLY BAILEY. C1wkdlM OeW� pp►lpORD
7eau. do hereto mnlry lMl�InM�� M�/�r��r
tfampW Ohoreon M nr. OFFiCIAl nlO��to//iy�lD'yv�(,J��._"j" yVd{
q�lldfo 0boo IX
FILEO FOR RECORD
97 JUN 18 AN 11137
COUNTY CL ERK
RAIMRIA COUNTY TFyt,c
TITLE AGENCY OF HODSTON
SUITE 200
5251 WESTHEIIM
HOUSTON,TEKAS 77056
ti
..,4 AlIm
�taroti
x
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v- m
'sx
+�4i
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4 0 0
GF$99422/Statewide/Pearland/ap
97 037601 WARRANTY DEED
Date: January 31 , 1996
Grantor: R. WEST DEVELOPMENT CO., INC., TRUSTEE
Grantor's Mailing Address (including county):
2510 Westminister
Pearland, Texas 77581
Grantee: CITY OF PEARLAND, A TEXAS HOME RULE MUNICIPALITY OF
BRAZORIA COUNTY AND HARRIS COUNTY, TEXAS
Grantee's Mailing Address (including county):
3519 Liberty Dr.
Pearland, Brazoria County, Texas 77581
Consideration: TEN AND NO\100 DOLLARS and other valuable consideration
Property:
See Exhibit "A" attached to and made a part hereof.
Reservations from and Exceptions to Conveyance and Warranty:
Easements, right-of-way, and prescriptive rights of record; all presently recorded instruments,
other than liens and conveyances, that affect the property; taxes for 1996, the payment of which
Grantee assumes; and subsequent assessment for that and prior years due to change in land
usage, ownership, or both, the payment of which Grantee assumes.
Grantor, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all
and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to
Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor
binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and
forever defend all and singular to the property to Grantee and Grantee's heirs, executors,
administrators, successors and assigns against every person whomsoever lawfully claiming or
to claim the same or any part thereof, except as to the reservations from and exceptions to
conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
BY:
R. West Development Co., Inc., Trustee
Renee' L. West, President
RECORDER'S MEMORANDUM:
At the time of recordation, this instrument was found to be
inadequate for the best photographic reproduction because
of illegibility, carbon, or photo -copy, discolored paper, eta
All blockouts, additions and changes were present at the
time the instrument was filed and recorded.
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
This instrument was acknowledged before me on the 31st day of January, 1996,
by Renee' L. West, President of R. West Development Co., Inc.,
Trustee, a Texas Corporation, on behalf of said corporation.
(SEAL)
Notary P lic, State of Tex
My Commission Expires:
3/30/97
w4Nvamiry.cry
Notary Name Printed or Typed:
Audrey Phillips
AUDREY PHILLIPS
�is>1 /1 Wary Ric. 6'UG W Toxue
+ coffin"% Ex" 3-3P-87
Exhibit "A"
'r` R parcel of land situated in an 80 acre tract of land situated in
Section 1.4., H. T. & B. R.R. Co. Survey, Abstract 509, said 80 ar.rov
being more particularly described in Volume 403, . Page 511 of. the Deed
Records of Brazoria County, Texa:, and the herein described parcel being
i 'more particularly described by mete; and hounds as follows:
BEGIN at a point at the inter region of Country Road 103 and the Soot -.11
line of said 80 acre tract. above de^cribol; THFNCR North along find wit:),
the centerline of County Road 1.03 a distance of. 584.5 feet to a point
for corner; THENCE Fast a M s,-ta rce of .1487.1.0 feet to a point for
corner; THEN•'E North a distance of. 326.0 feet to an iron rod set: for the
Southeast corner of the herein dr.�:r.:rihed t:r-,tct and also as tho plarr of
beginning;
t)Ci THENCE West a distance of 289.01 feet: to an iron rod set in the F<:ist
-line of a 40 footeli.ne easement for. the Southwest corner of the
i"
rr~ ; herein described tr;"M014AJ {
THENCENorth 0 deg. 25 fRM. ' i' A of 343.0 feet to an Iron rod
for the Northwest corner of the,.,ti described tract;
THENCE Fast a distance of 290.1 feet to an iron rod set: for the
Northeast, corner of the herein described tract;
THENCE South a d1 stance of 1.48.0 feet to tyre Place of. Beginning.
Said parcel of, land comprises Lot Forty -Nine (49) of the proposed West
Meadows Subdivision which i , unrer..ordod as of the present time.
n+E STATE OF TOM ..
. - - COUNTY OF BRAZORLA
tpO(1Y BlULEY,CMAaN1MCaaN CaMMN+d FILED
`ORD
Trus Y twGbiMUEV t�tRY Nwt fh's in k FlIED FOR RECORD
M at
traid dM
od RECORDED N VW OFFrC" �/1
. mmced Mreon b/ ^1' cV V
�,•{ C.,* C tk (A 8nmrM Co. TX
FILED FOR RECORD
97 OCT 22 PH 12: 33
COUN f Y CL EA.?,
i
97 037601
SECURITY FEE 1.00
HNGHT-PRES 5.00
RECORDING 7.00
TOTAL
13.00
FILE 4 37601
CASH 13.00
DRAWER -A 1
0001 2127-0000 0182 10/22/97 2:07PH WED
98 046383 JM4 ase TERM
COUNTY COURT Q�
CAUSE NO. 23,329M VOL: i PAGE
CITY OF PEARLAND, TEXAS § EMINENT DOMAIN PROCEEDING
§ IN THE COUNTY COURT AT LAW
vs. §
§ NO. ONE AND PROBATE COURT
FRED A. WHIDDON, ET AL. § OF BRAZORIA COUNTY, TEXAS
FINAL JUDGMENT
BE IT REMEMBERED that on this day, pursuant to notice regularly given, came on to
be heard the Motion to Make the Award of Special Commissioners the Judgment of the Court
filed by the City of Pearland, Texas (the "City") in the above -captioned cause. Pursuant thereto,
the Court finds that:
1. This is an eminent domain proceeding wherein the City is acquiring the fee
simple title to certain real property required for the location, alignment, construction, operation
and maintenance of a regional stormwater detention site, known as the Southwest Environmental
Center. The property consists of 1.655 acres of land and all improvements thereon (the
"Property") as more particularly described in Exhibit "A" hereto.
2. The City has complied with all statutory requirements necessary to acquire the
Property, and the only question to be determined is the amount of compensation to be paid to
each of the Defendants as a result of the acquisition the Property.
3. A hearing was held on November 12, 1997, before the special commissioners
duly appointed in this proceeding, and an Award of Special Commissioners was entered in the
amount of NINE THOUSAND THIRTY AND 30/100 DOLLARS ($9,030.30).1 The Award of
Special Commissioners was returned to the Court on November 12, 1997, and:) v.hs,f led by the
RECORDER'S MEMORANDUM:
At the timeof recordation, this Instrument was found to be
inadequate for the beat photographic reproduction because
of iliagwity, carbon, or photo -copy, discolored paper, etc.
All blockoula, additions and changes were present at the
time the instrument was fled and recorded.
JUL,4 08 TERM
COUNTY COORT
VOL:JOkPAGE 54
Court with the Court Clerk on November 12, 1997. A certified copy of the Award of Special
Commissioners is attached hereto as Exhibit "B."
4. The City deposited into the registry of the Court the Award of Special
Commissioners in the amount of NINE THOUSAND THIRTY AND 30/100 DOLLARS
($9,030.30) on November 25, 1997.
5. No objections were filed to the Award of Special Commissioners within the time
prescribed by law.
It is, therefore, ORDERED, ADJUDGED, and DECREED as follows:
The fee simple title to all of the Property described in the attached Exhibit "A,"
and all improvements thereon, is divested out of the named Defendants and vested in the City;
provided, however, that the City is not vested with title to all oil, gas and other minerals on and
under the Property. The City is vested with title to all surface rights to the Property of any kind,
and the owners of any mineral estate, interest, or lease will be permitted to extract all oil, gas,
and other minerals from and under such Property by directional drilling or other means, so long
as no part of the surface of said Property is used or affected.
2. Defendants, Fred A. Whiddon and Jobyna Whiddon and all intervening taxing
authorities, are to receive among them, as their interests may dictate, the sum of NINE
THOUSAND THIRTY AND 30/100 DOLLARS ($9,030.30) previously deposited by the City
into the registry of the Court.
3. The` City is hereby RELEASED and DISCHARGED from paying further
compensation for the acquisition of the Property acquired in this proceeding.
2
Trrw.wr�wMir `..rr��.f�irM�,c 9—
M pW HMA.r.rabaax�#a+K
�w"�i-Yli�I
� � ...�����A'� � Of111tY
JUL 3 IM TERM
COUNTY COURT
VOL: 12b PAGE—U-
4. The Award of Special Commissioners, attached hereto as Exhibit `B," is adopted
as the judgment of this Court, and that judgment is recorded in the minutes of the Court pursuant
to Section 21.061 of the Texas Property Code.
5. ! All costs are hereby assessed against the City, for which execution shall issue if
not timely paid.
6. Such writs and processes as may be necessary in the enforcement and collection
of this judgment hereby issue.
7. All relief not expressly granted by this judgment is expressly denied.
This is a FINAL JUDGMENT.
SIGNED this 14 day of 4&MRV 1998.
u ge of the County Court at Law No. 1 and
Pr bate Court of Brazoria County, Texas
APPROVED:
MAYOR, DAY, CALDWELL & KEETON, L.L.P.
By: 'P -+62&g"
J ark Breeding
t e Bar No. 02942500
Frederick D.Junkin
State Bar No. 11058030
700 Louisii na, Suite 190o- .
Houston, Texas 77002
(713)225-7000
(713) 225-7047 (FAX)
ATTORNEYS FOR THE
CITY OF PEARLAND, TEXAS
..0DMA%PCD0C8\H0UST0N\581619\1
3
Cc"
yMwYr $"ba.e�rwvrr.pr
maim.
STATE OF TEXAS §
COUNTY OF 13RAZORIA §
JULf 1NO TERM
COUNTY COURT
VOL JL0 PAGE 58
FIELDNOTE DESCRIPTION of a 1.655 acre tract of land located in the H.T. & B.R.R. Company
Survey, Section 13, Abstract No. 240 and the H.T. & B.R.R. Company Survey, Section 14,
Abstract No. 509 in Brazoria County, Texas. Said 9.655 acre tract is a part of Lot 47 of the
Figland Orchard Subdivision No_ 1 as recorded in Volume 3, Page 77 of the Brazoria County Map
Records and is also a part of an 80 acre tract of land described in a deed recorded in Volume
Whiddon and wife, Jobyna Whiddon as recorded in Volume 956, Pag403, Page 571 of the Brazoria County Deed Records. This tract is described in a deed to Fred A.
e 601 of said Brazoria
County Deed Records and is more particularly described by metes and bounds as follows:
Comm FNC1NC U;a northeast comer of a 108.97 acre tract as described in a deed to Aubrey
Ellis, et al, in Volume 937, Page 946 of the Brazoria County Deed Records, said point being in
the centerline of Mary's Creek;
THENCE, South along the east line of said 108.97 acre tract, said fine being the centerline of
Hatfield Rbad (based on a width of 50 -feet) as shown on the recorded map of said Figland
Orchard Subdivision, passing a 3/4 -inch iron pipe found at a distance of 33.17 feet, passing the
northeast comer of the aforementioned 80 acre tract at a distance of 502.03 feet, continuing for
a total distance of 668.39 feet;
THENCE, West for a distance of 279.60 feet to a 518 -inch iron rod set for the POINT OF
BEGINNING and the southeast comer of the herein described tract;
THENCE, West for a distance of 250.00 feet to a 5/8 -inch iron rod found for the southwest
comer of tf`e herein described tract;
THENCE, North for a distance of 280.00 feet to a 5/8 -inch iron rod set for the point of curvature
of a curve to the right;
THENCE, along said curve to the right having a radius 20.00 feet, a central angle of
90°00'00"(chord bears North 45°00'00" East, 28.28 feet) for an arc distance of 31.42 feet to a
5/8 -inch iron rod found for comer and the point of tangency of said curve;
THENCE, East for a distance Of 64.36 feet to a 5/8 -inch iron rod set for the point of curvature of
a curve to the right;
THENCE, along said curve having a radius of 285.34 feet, a central angle of 35'21'54"(chord
bears South 72°18'57" East, 173.34 feet) for an arc distance of 176,12 feet to a 5/8 -inch iron rod
set for corner and the point of tangency of said curve;
EXHIBIT A
M .1 MA.
w;yxiAa
WURrV OF MAI,?NIA,
MNpn,n1 W -i* "'FA- 1--70 artW Kgepyic 4p d 0*&VW
•m,w Yq, NJapIW�W ,MYa.aryYw1Y Y
MMKwwY,lggllw.lp��'/y'„1^� �
• �„ elNn
f JUL, # IS TERM
COUNTY COURT
VOL: 106 PAGE 5q
THENCE, South 54'38'00" East, for a distance of 0.60 feet to a 518 -inch iron rod set for the
northeast comer of the herein described tract;
THENCE, South for a distance of 247.00 feet to the POINT OF BEGINNING, containing a
calculated area of 1.655 acres (72,106 square feet).
Bearings are based cn the record bearings shown in Volume 937, Page 946 of the Brazoria
County Deed Records,
Walsh Surveying, Inc.
2006 E. Broadway, Suite 105icha4D�.lilson�,6P).LLS.-
Peariand, Tc.,c..775flo
Regisiration NO. 4821
(713) 485-3991
!o-z4-5t�
OF
MICHAEL�sf
\$ U R
VAIY'IEo�p►y
IiATC OF TFt1J ;
COUNTY CF DMAiGILLA
TM Won�IY.p6b Yl Yw m/.OAtl/�►4�eN'd1M aE01u1
Mallror Y g Ltik4dw!/ M 0�...tM. y�(j�� MM�k�l.4(g,,b�radN 6
tlorY � .
Cuu
011 That
JUL-* 10 TERM
CAUSE NO. CCL3-82 COUNTY WURT
VOL:_I 0� PAGE �o
CITY OF PEARLAND, TEXAS § EMINENT DOMAIN PROCEEDING
§
VS. § ASSIGNED TO THE JUDGE OF
§ THE COUNTY CbURT AT
FRED A. WHIDDON; JOBYNA §
WHIDDON; TAX ASSESSOR & § LAW NO. THREE (3)
COLLECTOR OF BRAZORIA COUNTY, §
TEXAS; AND TAX ASSESSOR & § AND PROBATE COURT OF
COLLECTOR OF PEARLAND §
INDEPENDENT SCHOOL DISTRICT § BRAZORIA COUNTY, TEXAS
AWARD OF SPECIAL COMMISSIONERS
TO THE HONORABLE JUDGE OF SAID COURT:
On November 12, 1997, at 10:00 a.m., in the Commissioners Courtroom, Brazoria County
Courthouse, 111 East Locust St., Angleton, Texas, the above -captioned cause was heard before the
undersigned, three disinterested freeholders of Brazoria County, Texas, previously appointed as
Special Commissioners by the Judge of the County Court at Law No. 3 and Probate Court to assess
the fair market value of certain real property. The Petitioner, City of Pearland, Texas, appeared and
was represented by its attorney, J. Mark Breeding of Mayor, Day, Caldwell & Keeton, LL.P., and
the following named Defendants appeared in person or by counsel:
t RIt, Ld A rt,Aor! a
t f• ' ve .. �
J�Q'i i1� L��IIOCQru f
,..'.ti
%'i,'F9
After hearing the evidence, the Commissioners made the following`findmgs:
M T Fo O � c TIMAn
C—TY OF DA&ZOPIA
7M YapWM+Gd'gY W.M+Y artW M�Y+P�mry Y da41Y
a�w.wJ,144+.� r
w�M�.wwidq�Yfu.11rY, wv,w f.-. L- 1-�—
u
FILCD FOR RECORD
91 NOV 17 PN 2- 06
EXHIBIT B I
FILED FnR RECORD
97 NOV 12 All 11: 07
COLINTY Ct CV!
4eA70riA fllIWly,.fFxA�
JUL-* 1998 TERM
COUNTY COURT'
I. VOL: 10 b PAGE G !—
On October 7, 1997, the City filed with the Brazoria County Clerk its Statement, wherein
the City expressed its intent to exercise its powers of eminent domain to acquire the fee simple title
to certaih real property required for the location, alignment, construction, operation and
maintenance of the regional stormwater detention site, consisting of approximately 1.655 acres of
land and all improvements thereon, if any, (the "Property"), such Property being more particularly
described in Exhibit "A" of the Statement, is a public necessity, is necessary and proper for the
health, safety and welfare of the City's citizenry, is in the public interest and is desired for public
UM
II.
The proceeding was assigned to the County Court at Law No. 3 and Probate Court of
Brazoria County, Texas. Upon consideration of the Statement filed by the City the Judge, on
October 7, 1997, appointed Gregory L. Donnell, L.O. Hadley and Mark Jones, disinterested
freeholders of Brazoria County, Texas, as Special Commissioners to assess the fair market value
of the Property.
11L
Thereafter, the undersigned each duly qualified as a Special Commissioner by taking the
Oath as prescribed by law and shown by the papers on file herein.
MNTI WCo/YCQTF]CAM
(TAWO TjA
CO WYOFBNATDNA r7
TM YTY MM bp�pY AA/,M((1 taoWF 9�"M (, M.*% 2
nm(M Y sI lwtJ mYl, W ,a�wY111. J" ��wr(N Y
MF��6s ncrNtlq✓&v1M✓r, M],M '71 �� Il
® iOILT tAK(Y
aw•TY CLLI(I
r�rArz OF TBsuY"
couNTY os BNytt /
TM Wer(W 1a�9cY1 Y (N, tW a�11ng1►SsM�MYRpF 11 M MFYI
1MY1 M(M Yr, Y(fldsvl0(,rV��, M(( MM
MptlbrNerN Me,,Ypo(,1WM{Yy'MlfYfan"'jZ,�j,j—(�"��Y O.
JUL4 1M TERM
COUNTY COURT'
N' VOL: 10 PAGE
Thereafter, on October 13, 1997, the undersigned Special Commissioners, by written order,
set the time and place for the hearing of the parties at 10:30 a.m. on October 29, 1997, in the
1
Commisaibners Courtroom, Brazoria County Courthouse, 111 East Locust St., Angleton, Texas,
such date being the earliest practicable time and such place being at the County seat of the County
in which the Property is located. All parties in the matter, except Fred A Whiddon and Jobyna
Whiddon, were served with allotice of Hearing as prescribed by law.
V.
Thereafter, on October 28, 1997, the undersigned Special Commissioners agreed by written
order to continue the hearing of the parties scheduled for October 29, 1997, and ro-set the time and
place for the hearing of the parties at 10:00 a.m, on November 12, 1997, in the Commissioners
Courtroom, Brazoria County Courthouse, 111 East Locust St., Angleton, Texas 77515. It was
directed that an Amended Notice of Hearing be served on all parties named as Defendants in the
City's Statement as required by law. It was further directed that the Order Continuing Hearing
Before Special Commissioners be served on all parties named as Defendants in the City's Statement
by certified mail, return receipt requested. The original Amended Notice of Hearing with the
returns of service stating the manner, date, and time of service on all the Defendants were returned
to the undersigned Special Commissioners at the hearing.
VI.
After consideration, we assess the fair market value of the Property to be the total sum of
P1JWr,,7AWJ4%a Till tT/ 10"AV91 % L {, Dollars ($ `j� O� � � 3 � ), which said sum is
a
to be paid jointly to the following parties as their respective interests may appear, to -wit: Fred A-
!Oi, ::0
Whiddon, Jobyna Whiddon, all intervening taxing agencies and all other claire n q^Property.
DEwnFlEO COPT CEI,IIICAI� •�
C£11TIfKD OOPV CEPT1fILiliE .TAR Of TLlAI' �
lrarE w N 3 cf.
couwrr or lnlzrnu The ra.e w 1E r ahR IeJrd kne.ri+Yw.+Mr �/Y d We+
T. b yd YrP,dry raM.Mr1emwpWWKS Rld M peri ro�Y"WY e*" Yi YSWrM.N
i rreM ah YW cacti/ w,eear+Me. r M 1� scale V °A Ml,a,,rer, erY, .77%M-
3
�J' Mll1 W�IY wtvTl +F�X��_ pRRi
„ra
JUL, + 10 TERM
VI COUNTY COURT
VOL: 106 PAGE—L22--
All costs of the proceeding are adjudged against tem or 10kaL^#%4 the
decision is hereby reduced to writing, and it and all other papers connected with the proceeding are
herewith kurned to the Honorable Judge of said Court. The costs of le proceeding that have
accrued to date and that are to be assessed as costs as provided by Section 21.047 of the Texas
Property Code are as follows:
Fees of Spmial Commissioners:
Gregory L. Donnell.............................................................................................5 Dci
eel
L.O. Hadley.........................................................................................................S D �/
MarkJones...........................................................................................................5Or% D /
Filing Fee for Candemnation:
LisPendens Notice........................................................................................................... $17.00
Fees for Serving Notices of Hearing:
TexasLegal Tech........................................................................................................... $428.40
1
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JUL* 19% TERM
COUNTY C'OuRT
Dated this iz-M day of November, 1997. VOL: 13 PAGE_
go trlu - .. - D
bbrmell,-
4• Special Commissioner
L.O. Hadley,
Special Commissioner
L � 1,
Merk 7o4s,
Special Commissioner
The above Award of Special Commissioners was filed with me on this , a qday of
1997, and all costs stated therein are approved.
of the County Court at Law No. 3 and
e Court of Brazoria County, Texas
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CFATIfiFC CDtT CFAT61CA7F
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JUL; 10 TERM
SERECELIST COUNTY COURT
VOL:JO� PAGE 5
Fred A Whiddon
302 Lafayette Lane
League City, Texas 77573
Jobyna W1liddon
302 Lafayette Lane
League City, Texas 77573
Tax Assessor & Collector of
Brazoria County, Texas
do Ray Cornett
Brazoria County Courthouse
111 East Locust Street
Angleton, Texas 77515
Tax Assessor & Collector of
Pearland Independent School District
c/o Ms. Jo Knight
2337 N. Galveston
Pearland, Texas 77581
J. Mark Breeding
Mayor, Day, Caldwell & Keeton, L.L.P.
700 Louisiana, Suite 1900
Houston, Texas 77002
WE STATE OF TEXAS
COUNTY OF SRAZORU4
LdY "LEX C*A .11* cWty Cart % WA b VY --R C—
— H
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►MM0 FMAL RECORD Jt t a 16"r Wd .Hato es
swr;W hv� by mL
Camry CM+k of 8axaiA COL, TX
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After recording return to:
/
L
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EE
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Q o
J. Mark Breeding
J`
_1
Z 4
Mayor, Day, Caldwell & Keeton
_
tU
700 Louisiana, Suite 1900
Houston, TR 77002-2778
i
CER11f1E0 GORT CEAiiF]C�Ti
nAn M TE3At
CTAT1¢ COA C"T*,CIIT(
rTJn Of T
6 COUNTY OF iR 0"
/
COUNTY OF SA—A
TINA—ueln.y.in, Y. A4M Nted *-VN- dT'+�^�Vw
-9 k" *J �. �,fu.wEtrwdi Tdt'4YA M. e()b�
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Mar./`i
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M piM nci4M wT aR�gmLM u'ar�T.n "�L—Li__
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98 046383
SEMIFY FEE 1.00
1SM{d1i=FRES
5.QD
REI:I3RDIH6
23.00
TOTAL
29.00
FILE ;
46383
CHECK 29.00
DRAWER-mA 1
0001 227-0000 0553
11/ 2/98 4303FM MOH
Doc# 2006070811
GENERAL WARRANTY DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA §
That Randall L. Patro and Deanna M. Patro( (hereinafter referred to as "Grantor"), of
Brazoria County, Texas, for and in consideration of the sum of TEN DOLLARS ($10.00) and
other valuable consideration to Grantor paid by the City of Pearland, Located at 3519 Liberty Dr.
Pearland, TX 77581 (a political subdivision of the State of Texas), the receipt and sufficiency of
which is hereby acknowledged, has granted, sold and conveyed, and by these presents does
grant, sell and convey unto the said City of Pearland, its successors and assigns, real property
("Property") situated in Brazoria County, Texas, as described by metes and bounds in Exhibit
"A" and `B" attached hereto and incorporated herein for all purposes.
The Property conveyed shall include all right, title and interest, if any, of Grantor in and
to, (l) any land lying in a street, road, tollway, accessway or easement (including any drainage or
flood control easement) open or proposed, in front of, at the side of, adjoining, or within the
Property, (2) the bed and banks of any bayou, stream, canal or ditch adjoining or adjacent to the
Property, (3) all reversionary rights attributable to the Property, and (4) all rights of ingress and
egress to the Property by way of open or dedicated roads and streets adjoining the Property.
This conveyance is made by Grantor and accepted by the City of Pearland subject to all
valid and subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions,
rights-of-way and easements appearing of record in the Official Public Records of Real Property
of Brazoria County, Texas, relative to the Property, but only to the, extent the same are applicable
to and enforceable against the City of Pearland.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto the said Grantor, its successors and assigns,
forever, and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND
FOREVER DEFEND all and singular the said premises unto the said City of Pearland, its
Page t of3
successors and assigns, against every person whomsoever lawfully claiming, or to claim the
same, or any part thereof, subject to reservations from and exceptions to warranty and
conveyance described above.
Grantor reserves all oil, gas or other minerals in, on or under the aforesaid premises, but
waives all rights of ingress and egress for the purposes of exploring, mining or drilling for the
same.
EXECUTED this��'day of irtZc/ , 2006.
Please Return to:
roperty Acquisition Services, Inc.
c/o Mark Davis
19855 S.W. Freeway Suite 200
Sugar Land, TX 77479
GRANTOR
By: —� q— / , 0-� �
Printed Name: Randall L. Patro
0 FBI
11 %IJ11
Printed Name: Deanna M. Patro
Page 2 of 3
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Randall L.
Patro, Deanna M. Patro known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE
A.D., 2006.
a
kKW" We
1YGom Evv"
pgn?11009
Z.-- DAY OF
ARY PUBLIC IN AND FOR
STATE OF TEXAS
Printed Name: ,,cf...,%�,d..n��;��mv,1
Commission Expires:z i
Page 3 of 3
EXHIBIT "A"
PARCEL TWENTY-FIVE
METES AND BOUNDS DESCRIPTION
0.0316 ACRE OUT OF
LOT 47
FIGLAND ORCHARD SUBDIVISON NUMBER ONE
H.T. & B.R.R CO. SURVEY, ABSTRACT NUMBER — 240 AND
F.B. DRAKE SURVEY, ABSTRACT NUMBER - 509
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 0.0316 acre out of Lot 47, Figland Orchard Subdivision
T Number One according to the plat
44 r _ t ,,,, .�77 t 7 1. '71 T� C 1 lat �iC'Ortl$ L2.T 0. E l� !'�.. CSS A i....—a,—
UIGAGUL as Mad in V oAUA11e 3, Page I /, B azoAAa Co-an—t Records, 1. aw .1\.1�. � u1 v�y, rlu LI aLL
Number 240, and F.B. Drake Survey, Abstract Number 509, Pearland, Brazoria County, Texas and being
out of that certain tract described in a deed dated 09-11-1998 from Kenneth M. Douglas, et al to Randall
L. Patro, et ux as filed in Official Records of Real Property of Brazoria County at Clerk's File Number
98-042712 and being more particularly described by metes and bounds as follows (bearings based on
Texas Coordinate System of 1983, South Central Zone);
Commencing at a found 5/8" iron rod with cap (stamped C.L. DAVIS- RPLS 4464) marking the
intersection of the south right-of-way line of Magnolia Road (80' wide) and the west right-of-way tine of
McLean Road; Thence S 87° 07' 05" W — 2,640.40' to a found 5/8" iron rod marking the southeast corner
of that certain right-of-way deed from Randall L. Patin, et ux to City of Pearland as filed in Official
Records of Real Property of Brazoria County at Clerk's File Number 00-016293;
1. Thence S 02° 36' IT' E — 1.57' with the east line of said Patro tract to a set 5/8" iron rod with cap
(stamped C.L. DAVIS-RPLS 4464) marking a point on a curve to the right having a radius of 550.00'
and a central angle of 28° 16' 55";
2. "Thence with said curve and the proposed south right-of-way line of Magnolia Road (100' wide at this
section) an are distance of 271.49' and a chord bearing and distance of N 70° 50' 50" W — 268.74' to
a set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) for comer;
3. Thence N 02° 35' 28" W —15.99' with the west line of said Patro tract to a set 5/8" iron rod with cap
(stamped C.L. DAVIS-RPLS 4464) for comer;
4. Thence the following two (2) courses with the south line of said City of Pearland tract;
5. Thence S 57° 14' 1T' E — 81.65' to a point marking the point of curvature of a curve to the left
having a radius of 368.65' and a central angle of 30° 38' 29" from which a found 5/8" iron rod bears
N 100 22' 20" E — 0.34' for reference;
6. Thence with said curve an arc distance of 197.15' and a chord bearing and distance of
S 720 33' 32" E — 194.81' to the POINT OF BEGINNING and containing 0.0316 acre (1,378 square
feet) of land more or less.
This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board
of Professional Land Surveyor's "General Rules of Procedures and Practices" Section 663.19(9).
Compiled by:
C.L. Davis & Company
Job Number: 11 -421-34 Parcel Twenty -Five 0.0316 acre M&B.doc
01-12-2006
11-421-34 Parcel Twenty -Five 0.0316 ace M&B.doc
Af3V
CALLED ra.Il Aams
0
R II w VEVWZZoMW Ca.
AND PWrMI!' SM TO
.LIC. fIR.dRE R
THIO
C17Y OFm'r,.r.Mo Oi'o1r.
02 -Of -19M let,
6, UNDERGROUND UTIUTIES SHOWN BASED ON CITY OF
e,
M4RTM PLEDGER SWM
jl ORD" ADWrMIG WALL TO PROS47E
(�V
w o VER
cp.
OD' MLJ<P. fASFAERr
(K.IL li7l mraa SCMDO
IQ
.450 Sir
�p1!
rKX(WAA AC 937 OWN)
UTK-MES.
'off;;
PARCEL 25 {
0.0316 Acre
{1.378 sq ft) I I I
CALLED 1.935ACXn I I
ARD A 11R3DLW, n AL I {
ro i I
of rENTtoNCH � 1 „
tn-14-iW/
POND AM SM
Trlw I I
AUNFEY EUtE IT ALTD
I
I11D A IMADGLw LT IN
1(47- RSR ra AOI RC.0.1[)
11-2J-t/1t
I
Ii I
�al�srL1G
\F;E\�IN�T b
6
f'ND,5 "IR
N 10'2 '20" E
i - 0.34'z
LOT 47 So
PROLA 40 ORCHARD a
SUBDIVMWN f!C71ON NCL 1
Q.
(VOL. 3, PG. 77 B.C.P.R.) � R
rr ALARMY � fl A<
mm"
mai
24
Trp" Al
�% tour« r rr r i
CFC �a� 'tt RORPosE�
t1NE
sit '
. OrmO
CURVE RADIUS DELTA ARRTANGENT
C1 550.00 28'16'55" 271. 138.57
C2 lJ68.65jJ0'J8'2-9'1197,j 100.99
TRACT I1
S. TRACT SHOWN HEREON SUBJECT TO CITY OF PEARLAND
S 02'36'17" E
AND PWrMI!' SM TO
BUILDING ORDINANCE.
L3 81.65'
4 MW 4VA! SIXTH AND
6, UNDERGROUND UTIUTIES SHOWN BASED ON CITY OF
M4RTM PLEDGER SWM
jl ORD" ADWrMIG WALL TO PROS47E
(�V
`•� AS A M00I1fNT OF TREE
cp.
DOCKET NO. 2AW4
y (a-sar)
IQ
is RESPONSIBLE FOR VERIFICATION OF UNDERGROUND
a ALSO S.
f
Q--!�!BRfR?Y
UTK-MES.
RYA X., 7RIS7Ef
70
�
EDWARD SWIN
O AW U4RTFNE SMIN
•
7• THIS SURVEY PLAT IS ACCOMPANIED IiY A SEPARATE METES
w (11X. = PG. 577 OWN)
,
AND BOUNDS DESCRIPTION PER TEXAS BOARD OF
"GENERAL
00-17-1963 Ij••
4,
PROFESSIONAL LAND SURVEYOR'S RULES OF
PROCEDURES AND PRACTICES' SECTION 663.19(9).
PARCEL 10
SHOWN HEREON ARE THOSE
SURVEY AND MAY NOT BE COMPLETE.
5. CAPPED RODS STAMPED C.L. DAVIS, R.P.LS. NO. 4464
r.As w
MAGNOLIA ROAD
�� o1rV FND.5/8"IR 15' LANDSCAPE
L , atmw 1`W. F' rw.M.". • w RE5•ERVE "C"
«�I PROPOSED Irr _ V
s srolrr I SOUTH RltA' LINE 4� q>• (S) v
M RAfR 1 ��' fm7
I I �
� I I BLOCK T
LOT I
MMSRIar RESK7UE-GILLED 0.4944 ACRE _
KEh11E'FFI N. DOUGLAS. ET AL }I
A" P lA42 M= RANDALL L. PATRO, ET UX !n `I 1-.
z
(let - rC. tR2 (90 0 2f 1Z aC .R.) 'J^ O O 2
- 20' 1.— AEAML 6lfti,ENr ALM S![.• � � � �� 111
(KA_ lNJI IT 142 1¢Y1) M. 1Mq PC 6G7 I.CD.IR) � r^ � � jOT 2
�� pI
\\ CALLED7Y OF•C4RRHAMDTO
RANaHL L. F4TR0, ET
(oo-0162Rt ac.O.R.)
,� �yl� of -JO- f 999 LAI
N »rzT D"La"Em s rNw p' R I I
CWY ,IF P54VAND I I v
ORIGINAL AREA (APPROX.) 1.26 ACRES I i
RIGHT—DF—WAY TAKING 0.0316 ACRE I
+i
RESIDUE 1.2284 ACRES FND.1 /2 -IR I
It
1. THE SURVEYDR HAS NOT ABSTRACTED THE SUBJECT
PROPERTY BUT HAS RELIED ON HENDERSON ABSTRACT
S. TRACT SHOWN HEREON SUBJECT TO CITY OF PEARLAND
S 02'36'17" E
COMPANY TO PROVIDE DEED COPIES OF THE SUBJEC
BUILDING ORDINANCE.
L3 81.65'
PROPERTY AND ADJOINERS.
6, UNDERGROUND UTIUTIES SHOWN BASED ON CITY OF
2, THE BA51S OF BEARINGS SHOWN IS REFERENCED TO [HE
PEARLAND DRAWINGS do UTILITY COMPANY BLOCK MAPS, WITH
TEXAS COORDINATE SYSTEM OF 19153, SOUTH CEN WL
FIELD 11ES TO EXISTING SURFACE FIXTURES. CONTRACTOR
($�
ZONE.
is RESPONSIBLE FOR VERIFICATION OF UNDERGROUND
UTK-MES.
(PK)
3. THE BUILDINGS OR IMPROVEMENTS SHOWN HEREON
BCOR
REPRESENT THE OUTLINE AT GROUND SURFACE LEVEI,
7• THIS SURVEY PLAT IS ACCOMPANIED IiY A SEPARATE METES
BOOR
UNLESS OTHERWISE NOTED.
AND BOUNDS DESCRIPTION PER TEXAS BOARD OF
"GENERAL
BCPR
4. THE UTILITY APPURTENANCES ( i.t., utility poles, inle'e, etc.)
VISIBLE AT THE TME OF
PROFESSIONAL LAND SURVEYOR'S RULES OF
PROCEDURES AND PRACTICES' SECTION 663.19(9).
P.O.B
R/W
SHOWN HEREON ARE THOSE
SURVEY AND MAY NOT BE COMPLETE.
5. CAPPED RODS STAMPED C.L. DAVIS, R.P.LS. NO. 4464
W/CA
5 8T07'05"
2,640.40'
BEARING CHORD
N 70-50150' W 268.74-
6 723332" E 194.81
LINE DISTANCE BEARING
Ll 1.57'
S 02'36'17" E
L2 15.99'
N 02'3528" W
L3 81.65'
S 57'14'17" E
COMMENCING
POINT.
FND.5/5"IR
�P &TST F9
................................
.� C. L. DAVIS
9.0F44G4 �P?Q
psS10'y0
°. suRv`�
t�1�12�L- 4464
C. L DAVIS
C.L. DAVIS & CO, Ism "mm � 775„
LEGEND LOT 47
SET 5/8"IRON ROD w/CAP FIGLAND ORCHARD SUBDIVISION No. 1
SET P—K NAIL IN ASPHALT (VOLS PG. 77 B.C.P.R.}
BRAZORIA COUNTY DEED RECORDS
BRAZORIA COUNTY OFFICIAL RECORDS H.T. do B. R.R. Co. SURVEY, A-240
BRAZORIA COUNTY PLAT RECORDS AND F.B. DRAKE SURVEY, A-509
POINT OF BEGINNING
RIGHT-OF-WAY PEARLAND, BRAZORIA COUNTY, TEXAS
STAMPED C.L OAVIS RPLS 4464 DATE: 12-27-2005 Sc : I- - JOB NO.: 11-421-54
0-11-421-34MAG-EXT-BASE. dwq
Doc# 200607081
t Pages 5
1210512886 12s13PM
Official Records of
DWORIA C"TY
JOYCE HLlDW
MWY CLERK
Fees $32.80
Doc# 2007000745
GENERAL WARRANTY DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA §
That Phil B. Trenkle and Florence 1. Trenkle ( (hereinafter referred to as "Grantor'), of
Brazoria County, Texas, for and in consideration of the sum of TEN DOLLARS ($10.00) and
other valuable consideration to Grantor paid by the City of Pearland, Located at 3519 Liberty Dr.
Pearland, TX 77581 (a political subdivision of the State of Texas), the receipt and sufficiency of
which is hereby acknowledged, has granted, sold and conveyed, and by these presents does
grant, sell and convey unto the said City of Pearland, its successors and assigns, real property
("Property") situated in Brazoria County, Texas, as described by metes and bounds in Exhibit
"A" and `B" attached hereto and incorporated herein for all purposes.
The Property conveyed shall include all right, title and interest, if any, of Grantor in and
to, (1) any land lying in a street, road, tollway, accessway or easement (including any drainage or
flood control easement) open or proposed, in front of, at the side of, adjoining, or within the
Property, (2) the bed and banks of any bayou, stream, canal or ditch adjoining or adjacent to the
Property, (3) all reversionary rights attributable to the Property, and (4) all rights of ingress and
egress to the Property by way of open or dedicated roads and streets adjoining the Property.
This conveyance is made by Grantor and accepted by the City of Pearland subject to all
valid and subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions,
rights-of-way and easements appearing of record in the Official Public Records of Real Property
of Brazoria County, Texas, relative to the Property, but only to the extent the same are applicable
to and enforceable against the City of Pearland.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto the said Grantor, its successors and assigns,
forever, and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND
FOREVER DEFEND all and singular the said premises unto the said City of Pearland, its
Pagel of 3
successors and assigns, against every person whomsoever lawfully claiming, or to claim the
same, or any part thereof, subject to reservations from and exceptions to warranty and
conveyance described above.
Grantor reserves all oil, gas or other minerals in, on or under the aforesaid premises, but
waives all rights of ingress and egress for the purposes of exploring, mining or drilling for the
same.
EXECUTED this _qday of 2000.
Please Return to:
Property Acquisition Services, Inc.
c/o Mark Davis
19855 S.W. Freeway Suite 200
Sugar Land, TX 77479
GRANTOR
f
Printed Name: Phil B. Trenkle
Y
Printed Name: Florence I. Trenkle
Page 2 of 3
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Phil B.
Trenkle and Florence 1. Trenkle known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS -2 DAY OF
A.D., 2008 ----�
Y PUBLIC IN AND FOR
Y Mark ATHE STATE OF TEXAS
GA �, ndtativ Davis
0911212W9 cornmkwo Expxes
Printed Name:
Commission Expires:
Page 3 of 3
EXHIBIT "A"
PARCEL TWENTY-FOUR
METES AND BOUNDS DESCRIPTION
0.0550 ACRE OUT OF
LOT 47
FIGLAND ORCHARD SUBDIVISON NUMBER ONE
H.T. & B.R.R CO. SURVEY, ABSTRACT NUMBER - 240
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 0.0550 acre out of Lot 47, Figland Orchard Subdivision Number One according
to the plat thereof as filed in Volume 3, Page 77, Brazoria County Plat Records, H.T. & B.R.R.
Co. Survey, Abstract Number 240, Pearland, Brazoria County, Texas and being out of that
certain tract described in a deed dated 08-24-1982 from Aubrey Ellis, et al to J.E. Little as filed
in Volume 1666, Page 587, Brazoria County Deed Records and being more particularly
described by metes and bounds as follows (bearings based on Texas Coordinate System of 1983,
South Central Zone);
Commencing at a set 5/8" iron rod with cap (stamped C.L. DAVIS- RPLS 4464) marking the
intersection of the north right-of-way line of Magnolia Road (80' wide) and the west right-of-
way line of McLean Road; Thence S 87° 13' 46" W — 2,639.84' to a set 5/8" iron rod with cap
(stamped C.L. DAVIS-RPLS 4464) marking the POINT OF BEGINNING of herein described
tract and marking the southeast corner of said Little tract and marking a point on a curve to the
right having a radius of 283.65' and a central angle of 29° 16' 55" (deed -35° 22');
Thence with said curve and the south line of said Little tract arc distance of 144.96'
(deed - 145.2') and a chord bearing and distance of N 711 51' 01" W —143.39' to a found
5/8" iron rod for corner,
2. Thence N 57° 12' 34" W — 100.00' continuing with the south line of said Little tract to a
found 5/8" iron rod marking the point of curvature of a curve to the left having a radius of
343.65' and a central angle of 06° 45' 09" (deed - 35° 22');
3. Thence with said curve and continuing with the south line of said Little tract an are distance
of 40.50' and a chord bearing and distance of N 600 35' 08" W — 40.48' to a point for corner
from which a found 5/8" iron rod bears N 10° 50' 09" E — 0.88' for reference;
4. Thence N 02° 34' 34" W —12.24' with the west line of said Little tract to a set 5/8" iron rod
with cap (stamped C.L. DAVIS-RPLS 4464) for corner;
5. Thence the following two (2) courses with the proposed north right-of-way line of Magnolia
Road (100' wide at this section);
6. Thence S 51 ° 37' 43" E — 36.49' to a set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS
4464) marking the point of curvature of a curve to the left having a radius of 450.00' and a
central angle of 31 ° 40' 41' ;
11-421-34 Parcel Twenty -Four 0.0550 acre M&BADC
7. Thence with said curve an are distance of 248.80' and a chord bearing and distance of
S 670 28' 03" E — 245.64' to a point for comer (unable to set corner due to the interference of
a natural gas line);
8. Thence S 02° 34' 34" E -- 14.17' with the east line of said Little tract to the POINT OF
BEGINNING and containing 0.0550 acre (2,396 square feet) of land more or less.
This metes and bounds description is accompanied by a separate plat, drawing or exhibit per
Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices"
Section 663.19(9).
Compiled by:
C.L. Davis & Company
Job Number: 11-421-34 Parcel Twenty -Four 0.0550 acre M&B.doc
01-12-2006
11-421-34 Parcel TWenty-Four 0.0550 acre M&B.doc
Co
P`*� 0 �9
C. L. DAVIS
............................
i 9;x, S U Rip
AL511 C
CAU.0 f0d#7 ACES
A.
mw aflizore,wr GA,
�- :rAnAw 4
(Lro-massy acaRa
fi
FN 0.5/8"1 R
250,00'
N 57' 1234 " W
LOT 47
N 02'34J4" W
FIGLA.MD ORCHARD
i
SUB DIVISION
S 02'34J4' E
BECI'TON No. i
144.96
(OEEO-145.2 )
( VOL. 9, PG. 77 B.G.P.R. )
_
N 9
TRACT N
i +
IE.
AU8RY ES ET AL
To
i
p
LITTLE
(VOL. 1666, P.G. 587 B.C.D.R.)
20.27
08-24--1982
REFERENCE PoINT Te ONY
FND.5%8"IR(BEN f"�`+r
N 10'50'09• E (� 1 w l
�---
•,• Orb o0 of
�,• 85ea4ir
FN15? Iv..,
5/8"1R
PARCEL 24
0.0550 Acre
(2,396 sq ft)
WAIL 1=i�F7, Otey
cn.« "Ir
r tl
4 ^ Pfi
FND.5/8'1i rr t NORTH
FN0.5/8"IR
50'
go, a/L . usp 6w .T I �f T. -0" lam!
AM J � DCDR) I � ta•r
na rxJ A c err emy C J
a
B.
1p
pweu r tr 01
CAUM lass ACRES I ox L_.. II 041 r Lr
T7RD A ■r4t1aX ET AL I I ! 6570 I I M' n+ Ave) tNT '
CM3 1 ! :INAN r wrcl o 041 .j
w-ThTlN i ' IK[ RE.JDfiE-I:ACL£D 0.9948 ACRE
&V SM
I KEAWM At OOLQA S� ET AL
n%4CT r TO
AUDREY I ET AL t0' fiL* •. 1ARawr R WAt L PATRO, ET UX
To a A el•wok cT ta :'H -LAP.
Pa Iaa agpv (9G-04?7tt WOR)
(1d..ea M. mal 8G0.R)i 0ALSO SEE, yy
TI -M -TIN J{ I XJ' KEY. ADM4L EASrYvlT ALSO SEE 1P
I i I lstitl- e0•x P'G 142 ea>RJ (1Q_ 1666, PC. N587 BCDR) UU
ORIGINAL AREA (APPROX.) 2.02 ACRES
RIGHT-OF-WAY TAKING 0.0550 ACRE
H K & B. R.R. Co. SURVEY RESIDUE 1.9650 ACRES
A-240
-JCI'
r�a. 1e21Ex r� Lp cA147 �2rBCI q,
, g i
kill- e
LINE DISTANCE BEARING
Ll 100.00'
N 57' 1234 " W
L2 12.24'
N 02'34J4" W
L3 36.49'
S 51'37'43" E
L4 1 14.17' 1
S 02'34J4' E
CURVE
RADIUS
DELTA
ARC
TANGENT
BEARING
CHORD
C1
283.65
29'16'55"
(DEED -.75'22)
144.96
(OEEO-145.2 )
74,10
N 71'51'01" W
143.39
C2
343.65
06'45'09"
{DEED=.1572')
40,50
20.27
N 60'35'08" W
40.48
C3
450.00
31'40'41"
248.80
127.67
S 67'28'03" E
245.64
TRACT 71
RK'J HRD EZ WAW 549M
ANO DRAINS LEX;H SAMM, "S To
5. TRACT SHOWN HEREON SUBJECT TO CITY OF PEtRLANO
£D"W EARAW57 SIMM AND
AARTTH PLEDGLW S4477i
ORAEF AOWTAW NXL rO PROWrE
COMPANY TO PROVIDE DEED COPIES OF THE SUBJECT
AS A NUAWAENT OF TRLE
DOCKET NO. ZA684
6. UNDERGROUND LMUTIE5 SHOWN BASED ON CITY OF
(99-0374E4 BCOR)
2. THE BASIS Of BEbANG5 SHOWN 15 REFERENCED TO THE
PEAMM0 DRAWINGS & UTILITY COMPANY BLACK MAT'S, 'MTH
ALSO SEE -
LEGEND
Z!
2
TR
&MrTON RYAN, W., TRUSTEE
(S)
SET 5/8"IRON ROD w/CAP
01144RDTE 549M
IS RESPONSIBLE FOR VERIFICATION OF UNDERGROUND
UTILITIES,
(U)
AM A44RDN P. SAMM
3. THE BUILDINGS OR IMPROVEMENTS SHOWN HEREON
(VOL Q.7d, PD, 357 BC•DR)
BRAZORIA COUNTY DEED RECORDS
REPRESENT THE OUTLINE AT GROUND SURFACE LEVEL,
08-17-196J
13COR
BRAZORIA COUNTY OFFICIAL RECORDS
PARCEL 10 ,
AND BOUNDS DESCRIPTION PER TEXAS BOARD OF
"GENERAL
BCPR
�.r. s0(�awrr,uE-457cLwAmN or 1i7 r?jE S 87'13'46" W
(TAX. 16M, PG. 557 B.CD.R.) 2,639.84'
MAGNOLIA ROAD
v 15' LANDSCAPE
77nr RESERVE G"
tri• - -
ARC L 17
r6LN7CK 1
LOT 1
L' RM AT OF F AL. PLAT
AUDUBON PLACE, SEOMM ONK
R (vol- 7A. I f1311 -19e D C P 2! )
COMMENCING
POINT.•
(s)
NOTES:
1. THE SURVEYOR HAS NOT ABSTRACTED THE SUBJECT
PROPERTY BUT HAS RELIED ON HENDERSON ABSTRACT
5. TRACT SHOWN HEREON SUBJECT TO CITY OF PEtRLANO
COMPANY TO PROVIDE DEED COPIES OF THE SUBJECT
BUILDING ORDINANCE.
PROPERTY AND ADJOINERS,
6. UNDERGROUND LMUTIE5 SHOWN BASED ON CITY OF
2. THE BASIS Of BEbANG5 SHOWN 15 REFERENCED TO THE
PEAMM0 DRAWINGS & UTILITY COMPANY BLACK MAT'S, 'MTH
LEGEND
TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRA.
FIELD TIES TO EXISTING SURFACE FIXTURES, CONTRACTOR
(S)
SET 5/8"IRON ROD w/CAP
ZONE
IS RESPONSIBLE FOR VERIFICATION OF UNDERGROUND
UTILITIES,
(U)
UNABLE TO SET DUE TO GAS LINE
3. THE BUILDINGS OR IMPROVEMENTS SHOWN HEREON
BCOR
BRAZORIA COUNTY DEED RECORDS
REPRESENT THE OUTLINE AT GROUND SURFACE LEVEL,
7- THIS SURVEY PLAT 15 ACCOMPANIED BY A SEPARATE METES
13COR
BRAZORIA COUNTY OFFICIAL RECORDS
UNLESS OTHERWISE NOTED.
AND BOUNDS DESCRIPTION PER TEXAS BOARD OF
"GENERAL
BCPR
BRAZORIA COUNTY PLAT RECORDS
PROFESSIONAL LAND SURVEYOR'S RULES OF
P.O.B.
POINT OF BEGINNING
4. THE UTILITY APPURTENANCES ( i.e., UU11ty poles, inlet., etc.)
PROCEDURES AND PRACTICES` SECTION 663,151(9).
R W
RIGHT-OF-WAY
SHOWN HEREON ARE THOSE VISIBLE AT THE TIME OF
SURVEY AND MAY NOT BE COMPLETE.
6, CAPPED RODS STAMPED C.L. DAVIS. R.P.L.S. N0. 4464
w/CAP(CL)
STAMPED C.L. DAVIS RPLS 4464
P., S T Eq
i
C. L. DAVIS
..o ...44 J4....`w'
C:\,oURv
4464
DA L. DAMS R.P.L.S. No.
(er1'1 C.L. DAMS do CO. ' �• WAY 77546
j�1,1`{ TANT) gTTuvFYTNr_ 2151-4as-9400
ROUTE SURVEY
0.0550 ACME OUT OF
LOT 47
FIGLAND ORCHARD SUBDIVISION No. 1
(VOL, 3, PG. 77 B.C.P.R.)
H.T. & B. R.R. Co. SURVEY, A-240
PEARLAND, BRAZORIA COUNTY, TEXAS
Doc# 2007000745
N Panes 6
0119/20@7 11; 294
Official Records of
BRAZORIA COUNTY
JOYCE RUDMAN
COUNTY CLERK
Fees 332.00
00 010293
THE STATE OF TEXAS
COUNTY OF BRAZORIA
GENERAL WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS:
That RANDALL L. PATRO and wife, DEANNA M. PATRO (hereinafter referred to as
"Grantors"), of Brazoria County, Texas, for and in consideration of the sum of TEN DOLLARS
($10.00) and other valuable consideration to Grantors paid by the City of Pearland (a political
subdivision of the State of Texas), the receipt and sufficiency of which is hereby acknowledged, has
granted, sold and conveyed, and by these presents does grant, sell and convey unto the said City of
Pearland, its successors and assigns, real property ("Property") situated in Brazoria County, Texas,
as described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all
purposes:
The Property conveyed shall include all right, title and interest, if any, of Grantors in and to,
(1) any land lying in a street, road, tollway, accessway or easement (including any drainage or flood
control easement) open or proposed, in front of, at the side of, adjoining, or within the Property,
(Z) the bed and banks of any bayou, stream, canal or ditch adjoining or adjacent to the Property,
(3) all reversionary rights attributable to the Property, (4) all rights of ingress and egress to the
Property by way of open or dedicated roads and streets adjoining the Property, and (5) all oil, gas or
other minerals in, on or under the aforesaid premises.
This conveyance is made by Grantors and accepted by the City ofPearland subject to all valid
and subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions, rights-of-
way and easements appearing of record in the Official Public Records of Real Property of Brazoria
County, Texas, relative to the Property, but only to the extent the same are applicable to and
enforceable against the City of Pearland.
Page 1 of 3
�v 00,(�\11^ Col�e�—
\9�
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto the said City ofPearland, its successors and assigns,
forever, and Grantors do hereby bind themselves, their successors and assigns, to WARRANT AND
FOREVER DEFEND all and singular the said premises unto the said City ofPearland, its successors
and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part
thereof; subject to reservations from and exceptions to warranty and conveyance described above.
th
EXECUTED this � day of Am 1 11999
GRANTORS
Randall L. Patro
Address: X712
.s�ds..r r 7? fed
Deanna M. Patro
Address: 1 a lix
IA T TIM
GRANTEE'S ]VIAII.ING ADDRESS:
CITY OF PERRLA M
clo DARRIN COKER, CITY ATTORNEY
3519 LIBERTY DRIVE
PEARLAND, TEXAS 77581
Page 2 of 3
J
THE STATE OF TEXAS
C
COUNTY OF q1A. —
BEFORE ME, the undersigned Notary Public, on this day personally appeared RANDALL
L. PATRO, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein expressed.
G UNDER MY HAND AND SEAL OF OFFICE THIS vth` t 6� DAY OF
A.D., 1990
MBNA ANN PNI?PS
MY CJMWaMM c^.(PIRES
June 13, 2002
NOTARY UBLIC IN AND FOR
THE STATE OF TEXAS 0,44'.)PS
Printed Name: 0ro h
Commission Expires: in Jnna
THE STATE OF TEXAS §
Q §
COUNTY OF �Y GtpY 10. §
BEFORE ME, the undersigned Notary Public, on this day personally appeared DEANNA M.
PATRO, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she executed the same for the purposes and consideration therein expressed.
GIVEN UNDERAND SEAL OF OFFICE THIS � DAY OF
A.D., 19 ND
�D
NOTARY LiC IN AND FOR THE
STATE OF TEXAS
Printed Name: n /1C.c An v-( CPS
ti+rft" s Commission Expires:
Page 3of3
?Moaojjjo u q posaQ Je a-1
udu 1TQT3
FIELD NOTE DESCRIPTION
PARCEL 1
BEING A 25' ROAD WIDENING STRIP, SOUTH OF AND ADJACENT TO THE
EXISTING 60' MAGNOLIA BLVD., BEING OUT OF THE CITY OF PEARLAND
SOUTH WEST ENVIRONMENTAL CENTER TRACT, AND BEING A PART OF A 0.985
ACRE TRACT DESCRIBED AS TRACT II, IN A DEED RECORDED IN VOLUME
1666, PAGE 587, B. C. D. R., SITUATED IN SECTION 13, OF THE H. T.
& B. RAILROAD COMPANY SURVEY, ABSTRACT 240 AND SECTION 14 OF THE H.
T. & B. RAILROAD COMPANY SURVEY, ABSTRACT 509, BRAZORIA COUNTY,
TEXAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT A 5/8" IRON ROD FOUND IN THE SOUTH LINE OF SAID MAGNOLIA
BLVD., MARKING THE NORTHWEST CORNER OF AFORESAID TRACT II, AND
NORTHWEST CORNER OF HEREIN DESCRIBED TRACT, THENCE S. 54.38'00'" E.
WITH THE SOUTH LINE OF MAGNOLIA BLVD. A DISTANCE OF 99.40' TO A
5/8-1 !RON ROD FOUND AT THE BEGINNING OF A CURVE TO THE LEFT HAVING
A RADIUS OF 343.65', FOR CORNER.
THENCE ALONG SAID CURVE TO THE LEFT THRU A CENTRAL ANGLE OF
26°56'20", A CHORD BEARING AND DISTANCE OF S. 68°06'11" E., 160.09'
TO A 5/811 IRON ROD FOUND AT THE BEGINNING OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 20.00', FOR CORNER.
THENCE ALONG SAID CURVE TO THE RIGHT THRU A CENTRAL ANGLE OF
89'58'58", A CHORD BEARING AND DISTANCE OF S. 45.00'00'' E., 28.28'
TO A 5/8" IRON ROD FOUND AT THE END OF SAID CURVE FOR CORNER.
THENCE S. 00`00'00" E. WITH THE EAST LINE OF AFORESAID TRACT
II, A DISTANCE OF 7.46' TO 5/8' IRON ROD SET MARKING THE SOUTHEAST
CORNER OF HEREIN DESCRIBED TRACT, BEING ON A CURVE CONCAVE TO THE
NORTH, HAVING A RADIUS OF 368.651.
THENCE ALONG SAID CURVE TO THE RIGHT THRU A CENTRAL ANGLE OF
30.38'29", A CHORD BEARING AND DISTANCE OF N. 69.57'15" W., 194.81'
TO A 5/8" IRON ROD SET AT THE END OF SAID CURVE, FOR CORNER.
THENCE N. 54.38'00" W. A DISTANCE OF 81.65' TO A 5/811 IRON ROD
SET IN THE WEST LINE OF AFORESAID TRACT II, FOR CORNER.
THENCE N. 00'00100" W. WITH THE WEST LINE OF AFORESAID TRACT
II A DISTANCE OF 30.66' TO THE POINT OF BEGINNING OF HEREIN
DESCRIBED TRACT. CONTAINING 0.1593 ACRE OR 6,938.8 SQ. FT. OF LAND.
1998
STATEOFTEXAS
FILED FOR RECORDCOUNTYOFBRAzORIA oP
r„pYCEHUDMAN, Clark ofthe County Court inand for Brazorie/
c+�, Tun do hereby oaftify that tis iaairumILE
ant was FD
00 APR 19 PM ! 51
FOR RECbRD and RECORDED in Ma OFFICIAL RECORD H die
tlrroanddata"*-npadMnonbyma J. RAY LANEY
iv��_.
COUNTY CLERK 1� � �� , 718
t3RAZORIA COUNTY iF.71•'; couMyClamof&uodaCo.,Tx �O•.€SS` r�+rl
SUBV�
Ua 016293
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RESOLUTION NO. R2020-28
A Resolution of the City Council of the City of Pearland, Texas, authorizing
the submittal of a funding assistance application to the Texas Water
Development Board Clean Water Revolving Fund, for the costs associated
with the design and construction of the John Hargrove Water Reclamation
Facility ("JHWRF") Expansion Project, in the amount of $64,000,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City council hereby authorizes the submittal of a funding assistance
application to the Texas Water Development Board Clean Water Revolving Fund, for the costs
associated with the design and construction of the John Hargrove Water Reclamation Facility
("JHWRF") Expansion Project, in the amount of $64,000,000.00.
Section 2. That the City Manager or his designee is hereby authorized to execute a funding
assistance application to the Texas Water Development Board.
PASSED, APPROVED, AND ADOPTED this 27th day of January, A.D., 2020.
J-= ?",
— 5 ,- TOM REID
MAYOR
ATTEST
CRY TAL ROAN, TRMC, CMC ��.• �Q,;,�„ %
CITY SECRETARY
E. e NIP
N
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
STATE OF TEXAS
CERTIFICATE TO COPY OF PUBLIC RECORD
COUNTY OF BRAZORIA )
I hereby certify, in the performance of the functions of my office, that the attached instrument
is a full, true and correct copy of Resolution NO. R2020-28. as the same appears of record in my office
and that said document(s) is an official record from the public office of the City Secretary of the City of
Pearland, Brazoria County, Harris County, and Fort Bend County, State of Texas, and is kept in said
office.
I further certify that I am the City Secretary of the City of Pearland, that I have legal custody of
said record(s), and that I am a lawful possessor and keeper and have legal custody of the records in said
office.
In witness whereof I have hereunto set my hand and affixed the official seal of said office this
the 301h day of January, 2020.
(Signature)
(Title)
Brazoria County, Harris County, and Fort Bend County
State of Texas