Ord. 1258 03-13-06ORDINANCE NO. 1258
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN EXCHANGE OF LAND IN ACCORDANCE WITH
CHAPTER 272.001 OF THE LOCAL GOVERNMENT CODE; CONTAINING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE.
WHEREAS, the City of Pearland owns property described by metes and bounds,
attached hereto as Exhibit "A" and incorporated herein for all purposes; and
WHEREAS, Certain individuals own a 0.7780 acre tract which includes property
described by metes and bounds, attached hereto as Exhibit "B" and incorporated herein for
all purposes; and
WHEREAS, the City of Pearland desires to exchange the property described in
Exhibit "A" for the property described in Exhibit "B"; and
WHEREAS, the City has evaluated the fair market value of the above properties,
and concluded that the exchange of property is equitable to both parties; and
WHEREAS, Chapter 272.001 of the Local Government Code authorizes the City to
exchange property with abutting property owners in proportion to their ownership, provided
it is done in an equitable manner and the land is used for City rights -of -way or easements;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council of the City of Pearland authorizes the City Manager
or his designee to execute an exchange of land in accordance with Chapter 272.001 of the
Local Government Code.
1
ORDINANCE NO. 1258
Section 2.Savings. All rights and remedies which have accrued in favor of the City
under this Chapter and amendments thereto shall be and are preserved for the benefit of
the City.
Section 3.Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of
the remaining portions thereof.
Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith are
hereby repealed but only to the extent of such conflict.
PASSED and APPROVED ON FIRST READING this the 27th day of
February , A. D., 2006.
TOM REID
MAYOR
ATTEST:
UNG L
Y SE
UNG
Y SE = TARY
PASSED and APPROVED ON SECOND AND FINAL READING this the l3th day
of March , A. D., 2006.
TOM-REID
MAYOR
2
ORDINANCE NO. 1258
ATTEST:
UNG I..Ff1N
TY S . ' ' ETARY
APPROVED AS TO FORM:
634......::_ h, (.4-1
DARRIN M. COKER
CITY ATTORNEY
3
EXHIBIT
1
METES AND BOUNDS DESCRIPTION
0.5381 ACRE OUT OF
LOT 48, ZYCHLINSKI SUBDIVISION
IN THE H.T. & B.R.R. CO. SURVEY, ABSTRACT NUMBER — 542
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 0.5381 acre out of Lot 48, Zychlinski Subdivision according to the plat thereof as
filed in Volume 29, Page 43 Brazoria County Deed Records in the H.T. & B.R.R. Co. Survey,
Abstract Number — 542, Pearland, Bra.zoria County, Texas and being out of that certain "Tract 2"
described in a deed dated 12-18-2002 from Gerald Koza a/k/a Jerry Koza to Koza Interests, Ltd.
(50% interest) as filed in Official Records of Real Property of Brazoria County at Clerk's File
Number 03-006016 and being more particularly described by metes and bounds as follows (with
all bearings based on the Texas State Plane Coordinate System, South Central Zone);
Beginning at a found 5/8" iron rod with TxDot aluminum disc marking the southeast corner of
that certain "Parcel 34", called 0.0952 acre tract described in a deed dated 02-24-2005 from
Koza Interests, Ltd. et al to State of Texas as filed in Official Records of Real Property of
Brazoria County at Clerk's File Number 2005-010961 and marking the intersection of the
existing east right-of-way line of State Highway 35 (width varies) with the north line of said
Koza Interests, Ltd. tract, also being the north line of that certain 60' Road Right -of -Way
described in a deed dated 02-08-1961 from Oscar J. Willaert to "Public" as filed in Volume 786,
Page 460 Brazoria County Deed Records;
1. Thence N 87° 11' 51" E — 584.46' with the north line of said 60' Road Right -of -Way and an
interior line of that certain "Tract 1" described in a deed dated 12-18-2002 from Joe Alvarez
to Alvarez Interests, Ltd. (50% interest) as filed in Official Records of Real Property of
Brazoria County at Clerk's File Number 03-006018 to a call and found 1/2" iron pipe in
concrete marking the northeast corner of said 60' Road Right -of -Way, the northeast corner of
said Koza Interests, Ltd. tract and an interior corner of said Alvarez Interests, Ltd. tract;
2. Thence S 02° 35' 09" E — 60.00' with the east line of said 60' Road Right -of -Way and said
Koza Interests, Ltd. tract to a found 5/8" iron rod with cap stamped "RJR" marking the
southeast corner of said Koza Interests, Ltd. tract and the southeast corner of said 60' Road
Right -of -Way and marking an interior corner of said Alvarez Interests, Ltd. tract;
3. Thence S 87° 11' 51" W — 196.84' with the south line of said 60' Road Right -of -Way and
the south line of said Koza Interests, Ltd. tract and an interior line of said Alvarez Interests,
Ltd. tract to a point for corner from which a found 5/8" iron rod bears N 02° 37' 50" W —
1.19' for reference;
4. Thence N 02° 35' 09" W — 30.00' to a set 5/8" iron rod with cap (stamped C.L. DAVIS-
RPLS 4464) for corner;
5. Thence S 87° 11' 51" W — 387.58' to a set 5/8" iron rod with cap (stamped C.L. DAVIS-
RPLS 4464) for corner;
20-14-3 Alice PARCEL1 M&B.doc
6. Thence N 02° 39' 54" W — 30.00' with the existing east right-of-way line of said State
Highway 35 to the POINT OF BEGINNING and containing 0.5381 acre (23,438 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: 20-14-3 Alice PARCEL I M&B.doc
02-10-2006
20-14-3 Alice PARCEL1 M&B.doc
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EXHIBIT
METES AND BOUNDS DESCRIPTION
0.7780 ACRE OUT OF
LOTS 42 AND 57, ZYCHLINSKI SUBDIVISION
IN THE H.T. & B.R.R. CO. SURVEY, ABSTRACT NUMBER — 233
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 0.7780 acre out of Lots 42 and 57, Zychlinski Subdivision according to the plat
thereof as filed in Volume 29, Page 43 Brazoria County Deed Records in the H.T. & B.R.R. Co.
Survey, Abstract Number — 233 Pearland, Brazoria County, Texas and being out of that certain
tract described in a deed dated 12-18-2002 from Joe Alvarez to Alvarez Interests, Ltd. (1/3
interest) as filed in Official Records of Real Property of Brazoria County at Clerk's File Number
03-006019 and being more particularly described by metes and bounds as follows (with all
bearings based on the Texas State Plane Coordinate System, South Central Zone);
Commencing at a call and found 1/2" iron rod marking the southeast comer of that certain called
0.499 acre tract described in a deed dated 01-04-1983 from Gerald L. Koza, et ux and Joe
Alvarez Jr., et ux to The City of Pearland, Texas as filed in Volume 1706, Page 875 Brazoria
County Deed Records and being on the east line of the H.T. & B.R.R. Co. Survey, Abstract
Number — 542 and the west line of said Abstract Number — 233 and the west line of that certain
called 19.4462 acre tract described in a deed dated 12-18-1996 from Thomas P. Alexander and
Bettye M. Alexander to T. & B. Alexander Family Ltd. Partnership as filed in Official Records
of Real Property of Brazoria County at Clerk's File Number 96-044930;
Thence N 02° 33' 15" W — 105.22' with the west line of said T. & B. Alexander Family Ltd.
Partnership tract and the east line of said City of Pearland, Texas tract to a set 5/8" iron rod with
cap (stamped C.L. DAVIS-RPLS 4464) on the common east line of Lot 48 and the west line of
Lot 42 of said Zychlinski Subdivision and marking the southwest corner of said Alvarez Interests
Ltd. tract and the POINT OF BEGINNING of herein described tract;
1. Thence N 02° 33' 15" W — 556.77' with the west line of said Alvarez Interests, Ltd. tract to a
found fence post marking the southwest comer of that certain tract described in a deed dated
09-17-1998 from Gerald L. Koza, et al to City of Pearland as filed in Official. Records of
Real Property of Brazoria County at Clerk's File Number 98-053536 and marking a point on
a curve to the left having a radius of 2,175.00' and a central angle of 00° 32' 31";
2. Thence with said curve and the south line of said City of Pearland tract, also being the south
right-of-way line of proposed McHard Road an arc distance of 20.57' and a chord bearing
and distance of N 72° 11' 59" E — 20.57' to a set 5/8" iron rod with cap (stamped C.L.
DAVIS-RPLS 4464) marking the point of reverse curvature of a curve to the right having a
radius of 2,025.00' and a central angle of 01 ° 10' 33";
3. Thence with said curve and said south right-of-way line of proposed McHard Road and the
south line of said City of Pearland tract an arc distance of 41.56' and a chord bearing and
distance of N 72° 30' 59" E — 41.56' to a set 5/8" iron rod with cap (stamped C.L. DAVIS-
RPLS 4464) for corner;
4. Thence S 02° 33' 15" E — 572.72' to a set 5/8" iron rod with cap (stamped C.L. DAVIS-
RPLS 4464) for corner;
20-14-3 Alice 0.7780 acre M&B.doc
5. Thence S 87° 17' 15" W — 60.00' with the south line of said Alvarez Interests, Ltd. tract and
the north line of said T. & B. Alexander Family Ltd. Partnership tract to the POINT OF
BEGINNING and containing 0.7780 acre (33,891 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: 20-14-3 Alice 0.7780 acre /VI&B.doc
11-30-2005
20-14-3 Alice 0.7780 acre M&B.doc
�a� 5 g0 e,C, 1
CARL VERNON Er AL �`1j5\ PG
(99-03834J 80079) '1. g,
08-17-7999 f00‘,.
EASDE�
unth
75 YN.TER
GRASS
RESIDUE OF NORTH 10 ACRES LOT 52
VERNON WESLEY RALIK & OECKLA ALICE H4LJK
ro
GUM VERNON NAUK. ET AL
(93-008275 800R)
03-09-1993
min WENT
(VOL. 15177,E PG. 916 BOOR) eMtq,e
10' HL&P. EASEMENT
EASEMENTAND
ON I0SIDES
(VOL. T1T942. PC. 514 BCDR)
AUCE ROAD (60' R/W)
(VOL. 1116, PG. 05 BCDR)
1 (P R PLAATER
(ASPHALT PAVEMENT)
Tar Blot —
IN.11
mP�uE—"
sci,frl 2"lR
72• WATER LPIE
LPER PVIQ
TCI TKR OF HOUSTON, INC.
ro
TEXAS CABLE PARTNERS, L.P.
(99-000180 B.C.O.R.)
12-31-1998
WATER IRZ
CPO r7AN)
3702 AUCE ROAD
(ALICE ROAD WATER WELL)
e•Lw)42.T2
50X INTEREST
TRACT 1
GERALD KOZA 0/k/6 JERRY KOZA
ro
KOZA INTERESTS, LTD.
(03-006016 BCDR)
12-78-2002
50X INTEREST
TRACT 1
JOE ALVAREZ
TO
ALVAREZ INTERESTS, LTD.
(03-006018 BCDR)
12-18-2002
798 WE
GERALD L KOZA, ET AL
CITY 07 PEARLAND
(98-053536 BCOR)
09-17-1998
e)14\ 4 POSED
SET 5/87R
w/aw
g709—
GTE $
tCRAM LAP FACE
F + I„ ASSOCIATED EQUIPMENT
COMPANY, INC.
TO
CITY OF PEARLAND, TEXAS
5 IVOL T238, PG. 799 BCDR)
O T 02-28-1975
wJ
Elll�/
LINE
DISTANCE° BEARING
LI
60.00'
S 8T17'15
W
RAP STATION
7 N Lfl
I2. PPIP
STEP
• TOlE
STORAGE TANK
w
PP
U
CALLED 0.499 ACRE
GERALD L KOZA ET UX
& JOE ALVAREZ. JR., ET UX h
TO Oa
THE CRT OF PEARLAND, 7EX4S '
(VOL 7706, PG. 875 BCDR)
PREVIOUSLY RECORDED UNDER
(VOL 1888, PG. 584 BCDR)
01-04-7983
GRATE PRET
e. INPOSEO • TOP
PPE
1
PPE
1e'LMN4.92
CALL&FND.
7/2'1R PPM 84< P.M
C2
CC
W
Q
�T
N—
U
h
ren
A• S
RESIDUE OF
CALLED 20.03 ACRES
1/3 INTEREST
JOE ALVAREZ
TO
ALVAREZ IN7E/7E51S. LTD.
(03-006019 BCDR)
12-18-2002
1/3 INTEREST
GERALD KOZA
TO
KOZA INTERESTS LTD.
(03-006017 BCDR)
12-72-2002
BOBBY S7EWNQi ET UX
ro
GERALD KOZA (7/12 INTEREST)
RICHARD ASHLEY (1/12 INTEREST)
& JOE ALVAREZ (1/12 INTEREST)
(VOL (88)540, PC 233 BCDR)
04-22-1988
RUBEN 0. GUERRA, ET UX
ro
GERALD KOZA, RICHARD ASHLEY,
JOE ALVAREZ & BOBBY S7EYENER
(VOL (86)249, PG. 250 BCDR)
02-I4-1986
ROAD
{
G R A S
NOTES:
1. THE BASIS OF BEARINGS SHOWN IS REFERENCED TO THE
TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE, AS ESTABUSHED BY CITY OF PEARLAND GPS
MONUMENTS No. 5 & 6.
2. THIS SURVEY PLAT IS ACCOMPANIED BY SEPARATE METES AND
BOUNDS DESCRIPTION(S) PER TEXAS BOARD OF PROFESSIONAL
LAND SURVEYOR'S "GENERAL RULES OF PROCEDURES AND
PRACTICES' SECTION 663.19(9).
3."SET 5/8" IR w/CAP' INDICATES CAPPED ROD STAMPED
"C.L. DAVIS, R.P.LS. No. 4464".
I► IZ D7 ZDor / 5320
DATE ERIC A. KREI' ' " ' R.P.LS. No.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON
THE GROUND ON 11-29-2005 AND THAT THIS DRAWING
SUBSTANTIALLY COMPUES WITH THE CURRENT TEXAS
SOCIETY OF PROFESSIONAL SURVEYORS STANDARDS
SPECIFICATIONS FOR A CATEGORY 2, CONDITION 2 SURVEY.
SOUR? UNE LOT 57 .
NORTH LINE LOT 42
60' EASEMENT
JET816 .A401ERYOO.M.
TO
OOROON A CRA/C, TRUSTEE
808 BCDR)
(VOL 0 7977, PG
0-13-7968
ALSO SEE:
(VOL. 622. PC. 161 BCDR)
�B h2 Jt\S\O pco
P.O.B.
XANDE
R
SET 5/B'IR CAl[ED 19.4462 ACRF3 ' 8 8
• w/c'? THOMAS P. ALEXANDER & l.0 5J b3
vN.vc 7 & B. M.T£7GWDER FAMILY \LA590
PG.
LTD. PARTNERSHIP `I(�' r'
(96 04930f99R) �`'01''
h N
nNO
h
COMMENCING
POINT
RADIUS
DELTA
ARC
BEARING
CHORD
ICIJRVE
01
2175.00
0032'31"
20.57
N 7211'59" E
20.57
C2
2025.00
01'10'33"
41.56
N 72'30'59" E
41.56
CNl&FND.
1/2'IR
C.L. DAVIS Sc CO. 15FRIENYANDWIC WAY
DSW00D, TEXAS 77546
LAND SURVEYING 281-482-9490
ROUTE SURVEY
0.7780 ACRE OUT OF
LOTS 42 & 57, ZYCHUNSKI SUBDIVISION
(VOL 29, PG. 43 B.C.D.R.)
H. T. & B. R.R. Co. SURVEY, A-233
PEARLAND BRAZORIA COUNTY, TEXAS
DATE: 11-30-2005 ' SCALE 1" = 60' 'JOB NO.: 20-14-3
20-14-3TXDOT-6-11-02.d
9