R2002-0105 06-24-02RESOLUTION NO. R2002-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN INTERLOCAL AGREEMENT WITH PEARLAND
INDEPENDENT SCHOOL DISTRICT FOR IMPROVEMENTS ASSOCIATED
WITH THE DEVELOPMENT SCHOOL DISTRICT FACILITIES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain interlocal agreement by and between the City of Pearland
and Pearland Independent School District, a copy of which is attached hereto as Exhibit
"A" and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a interlocal agreement with Pearland Independent School
District, for improvements associated with the development of the school district facilities.
PASSED, APPROVED and ADOPTED this the 24 day of
A.D., 2002.
ATTEST:
AI s
1 NG L.1 3� 9 /
SE ' ETARY
APPROVED AS TO FORM:
DARRIN M COKER
CITY ATTORNEY
June
TOM REID
MAYOR
GENERAL WARRANTY DEED
THE STATE OF TEXAS
§
COUNTY OF BRAZORIA
KNOW ALL MEN BY THESE PRESENTS:
That Pearland Independent School District, (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 (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 "B" attached hereto and incorporated herein
for all purposes. Also attached as Exhibit "A" is reversionary language related to this
conveyance which has been approved by the Texas Education Agency. This deed is subject to
the language included in Exhibit "A".
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,
Page 1 of 3
After Recording, Please Return To:
Kevin Stephenson
Property Acquisition Services, Inc.
19855 S. W. Freeway, Suite 320
Sugar Land, TX 77479
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, etc.
All blackouts, additions and changes were present at the
time the instrument was filed and recorded.
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
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 a day of
GRANTEE'S MAILING ADDRESS:
City of Pearland
c/o Darrin M. Coker
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Tait
L.
GRANTOR
Pearland In pendent School District
By:
Printed Name. at- mm 12're-Le24-1, pay
Page 2of3
THE STATE OF TEXAS
COUNTY OF BRAZORIA
§
§
§
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, 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 DAY OF
, A.D., 2002.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
Panted. Name.
Commission Expires:
THE STATE OF TEXAS
COUNTY OF BRAZORIA
// BEF E ME, the undersigned Notary Public, on this day personally appeared
("fen trove , 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
ate- , A.D., 2002.
ste-ce/l✓l.A./.disdeo✓lll./!✓m,+✓,/
o,�aY pia( BOE3BIE DAWSON k
�►� Notary Public, State of texas
k,,t of �E}Y" My Commission Expires:
` _ 05/07/2006 tti
RY PUBLI IN AND FOR
THE STATE OF TEXAS
Printed Name:
Commission Expires:
Page 3 of 3
DAY OF
EXHIBIT
The further covenant, consideration and condition
that the following restrictions
shall in all things
observed, followed, and complied with:
(a) The above -described realty, or any part
thereof, shall not be used in the operation of, or
in conjunction with, any school or other
institution of learninc, study or instruction which
discriminates acainst any person because of his
race, color or national oric_ in, regardless of
whether such discrimination be effected by design
or otherwise.
(b) The above -described realty, or any part
thereof, shall not be used in the operation of, or
in conjunction with, any school
institution of learninc, study or instructs other
_on which
creates, maintains, reinforces, renews, or
encourages, or which tends to create maintain,
reinforce, renew or encourage a dual school system:
These restrictions and conditions shall be bindina
upon (grantee, lessee, etc.], (name of grantee,
lessee, etc.],.(his heirs, personal representatives
and assigns or its successors and assigns, as the
case may be], for a period of fifty (50) years from
the date thereof.
is
be
The forecgbiny restrictions and the other covenants
hereafter set out are covenants running with the land, and
e ach and every parcel thereof, and shall be fully binding
u pon any person, firm
partnership, corporation, trust,
church, club, governmental body, or other orcanization or
e ntity whatever (whether private or governmental in nature)
without
•
estate, title,
interest or property in said land, whether ::v descent,
limitation,
hereafter acquiring any
devise, purchase or otherwise;
the part of grantor herein, its
be
and no act or omission upon
successors and assigns, shall
a waiver of the operation
or enforcement of such
✓ estrictions; but neither restriction shall be construed to
•
be a condition subseouent or special limitation on the estate
t hereby conveyed.
It is further covenanted, that third party
beneficiaries of the restrictions set forth above shall be as
follows:
(1) As to the restrictions set out in (a) above, any
person prejudiced by its violation;
(2) As to the restriction set out in (b) above, any
public school district or any person prejudiced by its
violation; and
(3) As to either or both of the restrictions set out
•
•
in (a) and (b) above, the United States of America, as
plaintiff, and the American G.I. -Forum, the League of United
•
Latin American Citizens (LULAC), and the National Association
for the Advancement of Colored People (NAACP), as
intervenors, in U.
•
•
S. v. Texas, Civil Action No. 5281, Tyler
Division, U. S. District Court, Eastern District of Texas;
✓ eported in U S. v
1970); U. S.
Texas, 321. F. Supp. 1043 (E.D. Tex.
v Texas, 330 F. Supp. 235 (E.D. Tex. 1971);
aff'd with modifications sub nom, U.
c
• v. State
of Texas and
J. W. Edgar, et al., 447 F.2d 441 (5 Cir. 1971); stay den.
sub nom. Edgar v. U. S., 404 U.S. 1206 (1971); cert den. 404
U.S. 1016 (1972) .
It is further covenanted, that in case of a violation
of.either or both of the above restrictions, anv of the third
party beneficiaries above- alluded to is authorized and
empowered to prosecute proceedings at claw or in equity
•
•
against anv person, film, partnership, corporation, trust,
church, club, governmental body or other organization or
entity whatever (whether private or governmental in nature),
without limitation:
(A) To enforce either or Loth ofasuch restrictions
• relating to the use of the above -described realty;
(B) To abate or prevent violations of either or both
of such restrictions; and
(C) To recover damages for a breach of either or
both of such restrictions.
It is further covenanted, that if any third party
beneficiary referred to above shall prosecute proceedings at
•
law or in equity for the aforesaid purposes, such third party
beneficiary may recover reasonable attorney's fees from the
violator or violators of either or both of such restrictions,
if the Court finds that th'e proceedings were necessary to
bring about compliance therewith.
METES AND BOUNDS DESCRIPTION
6.2243 ACRES OUT OF
LOT 17, SECTION 12
H. T. & B. R.R. CO. SURVEY, ABSTRACT NUMBER — 508
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 6.2243 acres being out of Lot 17, Section 12 H. T. & B. R. R. Company
Survey, Abstract Number — 508 and being more particularly described by metes and
bounds as follows;
Commencing at a found 5/8" iron rod commonly known as marking the northwest
corner of said Abstract Number — 508 and marking the centerline of County Road 104
(McLean Road) and Magnolia Road; Thence S 00° 04' 01" E — 3,961.60' (called South —
3,960.00') with the west line of said Abstract Number — 508 to a set railroad spike
marking the POINT OF BEGINNING of herein described tract;
Thence N 89° 48' 30" E — 40.00' to a set 5/8" iron rod marking the proposed east right-
of-way line of County Road 104 (McLean Road) (proposed 80' wide per City of Pearland
Engineering Department);
Thence South — 1,247.75' with the proposed east right-of-way line of said McLean Road
(80' wide) to a set 5/8" iron rod for corner;
Thence East — 2,549.99' with the proposed north right-of-way line of Bailey Road
(County Road 101) to a set 5/8" iron rod for corner
Thence North — 1,256.28' with the proposed west right-of-way line of Pearland Sites
Road (County Road 143) to a set 5/8' iron rod for corner;
Thence N 89° 48' 30" E — 50.00' to a set railroad spike in asphalt for corner;
Thence South — 1,316.45' (deed — 1,320.00') with the east line of said Lot 17 to a set
railroad spike in asphalt for corner;
Thence West — 2,639.99' (deed 2,640.00') with the south line of said Lot 17 to a set
railroad spike in asphalt for corner;
Thence North — 1,307.62' (deed 1,320.005 with the west line of said Lot 17 to the
POINT OF BEGINNING and containing 6,243 acres of land more or Tess.
Compiled by:
C.L. Davis & Company
Job Number: 11-631-R/W
03/28/2001
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TEXAS EDUCATION AGENCY
1701 North Congress Ave.* Austin, Texas 78701-1494 * 512/463-9734 * FAX: 512/463.9838 * http://www.teastate tx us
Felipe T. Alanis
Commissioner of Education
June 11, 2002
Jeffrey J. Horner
Attorney at Law
Bracewell & Patterson, L L.P.
711 Louisiana Street, Suite 2900
Houston, TX 77002-2781
Re: Proposed Conveyance of Real Property by Pearland Independent School
District to City of Pearland, General Warranty Deed
Dear Mr. Homer:
The proposed General Warranty Deed you submitted to this office regarding the
conveyance of real property by Pearland Independent School District to the City of
Pearland has this date been approved. The transactions may now be finalized. Under
penalty of sanctions, however it is required that a copy of the executed documents be
filed with this office immediately upon finalizing the transactions.
If I may be of further assistance or able to provide you with additional information, please
contact this office.
Sincerely,
David Anderson
General Counsel
Office of Legal Services
DA:cg
•
Fulfilling the Promise for All Texas Children
•
** TOTAL PAGE.02 **
A-240 A-239 MAGNOLIA
COMMENCING POINT A-508
FND. 5/8"IR
A-509 zei.
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L 0 T 1 2
P.O.B.
SET R.R. SPIKE
SECTION 14
20' ROAD ESMT.
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SET R.R. SPIKE
L 0 T 5 1
10' ROW tsar.
(VOLz Pa 10 &C.P.R.)
WESTWOOD VILLAGE
SECTION FIVE
(Vol. 17, Pg. 343-344 B.C.P.R.)
,SET 5/8"IR
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I r. PROPOSED R.O.W. LINE.#� (PER CITY OF PEARLAND
ENGINEERING DEPARTMENT
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WESTWOOD VILLAGE
SECTION FOUR
(Vol. 17, Pg. 341-342 B.C.P.R.)
ARP EaoosHNc
ROWS). gym.
MOWN aaior amt.? Aa
C.R. 101: 1s122 AC.
& C.R. »at• aam AC.
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*LEAN aqw a572e AC,
C.R. tot z3875 AC.
& C.R. 143: aeau AC.
CROSS AREA: 8.2243 AC.
60' CANAL EASEMENT & R.O.W.
638, PG. 137 BCDR; VOL. 710, PG. 160 BCDR;
VOL 1014, PG. 355 BCDR)
20' ROW Es?.
(VOL.z Pa 10 ROAR.)
PROPOSED R.O.W. LINE
(PER CITY OF PEARLAND
ENGINEERING DEPARTMENT
20' Rb4D ESMT (VOL & PR 129 aCn)
L 0 T 1
WESTWOOD VILLAGE
SECTION THREE
(Vol. 17, Pg. 339-340 B.C.P.R.)
MEI
N 89'4E1'30" E
2,640.00'
N 89'48'30" E 2550.00'
KATHRYN LOUSE READ AND
READ PARTNERS, L.P.
To
PEARLAND INDEPENDENT
SCHOOL DISTRICT
99-010427 BCOR
03-04-1999
MEI
LINE DISTANCE BEARING
L 1 40.00' N 89°48'30" E
L2 50.00' N 89'48'30" E
EAST 2, 549. 99'
cif C.L. �AVIS 8C CO. 1500 WINDING WAY
FRIENDSWOOD, TEXAS 77546
` LAND SURVEYING 281-482-9490
t
WESTWOOD VILLAGE
SECTION TWO
Vol. 17, Pg. 337-338 B.C.P.R.)
WEST 2,639.99'
DEED-2,640.00'
L 0 T 11
BAILEY ROAD C.R. 101)
(PROPOSED 120' R.O.W. PER CITY
OF PE4RLAND ENGINEERING DEPARTMENT)
WESTWOOD VILLAGE
SECTION ONE
(VoI.17, Pg.135 B.C.P.R.)
SET 5/8"IR
PROPOSED R.O.W. LINE
(PER CITY OF PEARLAND
ENGINEERING DEPARTMENT
H.T. & B. R.R. Co. SURVEY
SECTION 12
A-508
LOT 1 7
6.2243 ACRE
TRACT
20' ROAD ESMT.
L 0 T
AD' D1mM0�lID R!/T O1F IINY EASE VT
(VOL847, Pa 948 & )
(VOL 874 Pa 934 BCC)
50'
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NORTH
20' ROAD ESMT.
20' ROAD ESMT.
SET 5/8"IR
SET R.R. SPIKE
SET R.R. SPIKE/
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4464
C.L DAVIS R.P.LS. No.
I HEREBY CERTIFY THAT THIS SURVEY WAS
MADE ON THE GROUND ON 03-12-2002
AND THAT THIS DRAWING SUBSTANTIALLY
COMPUES WITH THE CURRENT TEXAS
SOCIETY OF PROFESSIONAL SURVEYORS
STANDARDS AND SPECIFICATIONS FOR A
CATE30RY 1A, CONDITION 2 SURVEY.
0 ° THIS CERTIFICATION IS REVOKED AND THE
(1) SURVEY NULL AND VOID IF THIS DOCUMENT
IS ALTERED IN ANY MANNER, OR DOES NOT
BEAR AN ORIGINAL SEAL AND SIGNATURE OF
THE SURVEYOR.
NOTES:
1. THE SURVEYOR HAS NOT ABSTRACTED THE SUBJECT
PROPERTY BUT HAS RELIED ON THE COMMITMENT
FOR TITLE INSURANCE ISSUED BY STEWART TITLE
COMPANY, G.F. No. , DATED, WITH
REGARD TO RECORD ENCUMBRANCES. THE PROPERTY
SURVEYED IS THAT DESCRIBED IN SCHEDULE A OF SAID
COMMITMENT AND THE EASEMENTS, RIGHTS -OF -WAYS OR
OTHER MATTERS LISTED IN SCHEDULE B ARE SHOWN HEREON
TO THE EMIT THAT SUCH ITEMS CAN BE LOCATED OR PLOTTED.
2. THE BASIS OF' BEARINGS SHOWN IS REFERENCED TO THE SOUTH
ONES OF WESTWOOD VILLAGE SECTIONS 1-5 TO BE N 89648'30"E.
PER THE RECORDED PLATS OF SAID SUBDIVISIONS.
3. THE SUBJECT PROPERTY SHOWN HEREON IS LOCATED IN
ZONE "A", ACCORDING TO THE FEDERAL EMERGENCY
MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP No.
48039C0045 I, DATED 9-28-1990. THIS DETERMINATION
HAS BEEN WIDE BY SCAUNG THE PROPERTY ON THE
REFERENCED MAP AND IS NOT A RESULT OF AN ELEVATION
SURVEY.
4. TRACT SHOWN HEREON SUBJECT TO CITY OF PEARLAND
BUILDING & ?ONING ORDINANCES.
5. THIS SURVEY PLAT IS ACCOMPANIED BY A SEPARATE METES
AND BOUNDS DESCRIPTION PER TEXAS BOARD OF
L 0 T PROFESSIONAL. LAND SURVEYOR'S 'GENERAL RULES OF
3 1 PROCEDURES AND PRACTICES' SECTION 663.19(9).
6.2243 ACRES OUT OF LOT 17, SECTION 12
H.T. & B. R.R. COMPANY SURVEY, ABSTRACT No. 508
PEARLAND, BRAZORIA COUNTY, TEXAS
DATE: 04-08-2002
SCALE: 1 "=300'
JOB NO.: 11-631E-1
1NW
Exhibit "A"
R2002-105
I1\TERLOCAL AGREEMENT
BETWEEN CITY OF PEARLAND
AND
PEARLAND INDEPENDENT SCHOOL DISTRICT
This Agreement is between the City of Pearland, Texas, acting through its City Manager or
his designee ("City"), and the Pearland Independent School District, acting through its Board of
Trustees ("District"),providing for the sale of certain real property to the City and providing for the
granting of a drainage easement to the City in exchange for regional detention capacity.
City and District, pursuant to the Interlocal Cooperation Act, Texas Government Code,
Chapter 791, for the mutual consideration and covenants hereinafter set forth, agree as follows:
ARTICLE I
SCOPE OF SERVICES
1.1 District agrees to sell, to the City, certain real property located along Bailey, McLean
and Veterans Roads and adjacent to the Junior High South; said property being described by metes
and bounds in "Exhibit B" attached hereto and incorporated herein for all purposes. The City
accepts the property "as is" and without warrants of any kind.
1.2. In consideration for District's agreement to sell, to the City, the property described in
"Exhibit A", City agrees to pay District a sum totaling $62,210.00, payable in full upon closing.
1.3 District also agrees to convey, to the City, a 150' wide drainage easement along the
east property line, consisting of approximately 8.9 acres, out of the approximate 80 acre tract owned
by District and located at the southeast corner of the intersection of FM 1128 and Fite Road. Such
conveyance shall be made within 60 days of written request by City. Such request shall not be made
1
by City until the City Engineer certifies that sufficient storm water detention capacity is available to
satisfy the conditions herein.
1.4. In consideration for District 's agreement to convey the easement described in section
1.3, City agrees to reserve, for District, up to 15 acre-feet of storm water detention capacity in the
City's proposed West Mary's Creek Detention Facility.
ARTICLE 2
CONTRACT TIME
2.1 The teen of this Agreement shall be for a period of ten (10) years commencing on the
date of execution and terminating on the same day of the year 2012 and it shall be extended
automatically for additional 10-year periods unless terminated as provided herein.
2.2. Notwithstanding the provisions set forth in section 2.1 of this article, this Agreement
may be terminated at any time after the expiration of the initial tel to at the option of either Party by
giving the other party thirty (30) days' written notice.
ARTICLE 3
MISCELLANEOUS
3.1. This Agreement and all obligations created hereunder shall be performable in
Brazoria County, Texas. Venue for any legal proceeding relating to this Agreement shall be in
Brazoria County, Texas.
3.2. This Agreement shall be construed and enforced in accordance with and governed by
the laws of the State of Texas.
2
3.3. This Agreement may only be amended, modified, or supplemented in writing and
subsequently signed and dated by City and District.
3.4 Both parties acknowledge that this Agreement involves a real property interest
conveyed to a governmental entity that has the power of eminent domain, thereby exempting this
Agreement from the public notice requirements of Texas Law Government Code § 272.001. In
compliance with this statute the District will obtain an appraisal before closing, indicating that the
property is not being conveyed for less that fair value.
3.5 The language in the attached Exhibit "B" will be incorporated with and made a part of
this Agreement and the general warranty deed related to this transaction. This Agreement is
contingent upon the approval of the language included in Exhibit "A" by the Texas Education
Agency.
SIGNED and ENTERED this 24 day of June 20 02
ATTEST:
CITY OF PEARLAND
By:
ttaik
Bill Eisen
City Manager
PEARLAND INDEPENDENT SCHOOL DISTRICT
By:
Printed Name. CL U @ el- 5->•16,
Title: oRtc5t0t 4r
3
i,J
THE STATE OF TEXAS
COUNTY OF rti z o re
BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen,
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& DAY OF
, A.D., 20 002.
flYa,,_ PERLA N. LEHMAN
Notary Public, State of Texas
My Commission Expires: kte
Ar RIL. 2, 2005
THE STATE OF TEXAS §
COUNTY OF
•
rego r r §
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires:
Printed Name:
d door
6//BEFO MF, the undersigned Notary Public, on this day personally appeared
(ekid o4ItaoAd ,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 015DAY OF
--GIVEN
,A.D.,200L,.
k BOBBIE DAWSON
N Notary Public, State of Texas 1
\�� t� My Commission Expires: S
°F'k 05/07/2006 O
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PROJECT NO. S7230004A
DATE: MAY 28, 2002
0.183 ACRES §
W. D. C. HALL SURVEY §
ABSTRACT NUMBER 70 §
BRAZORIA COUNTY, CITY OF PFARLAND, TEXAS §
FIELD NOTE DESCRIPTION of a 0.183 acre tract of land located in the W. D. C. Hall
Survey, Abstract No. 70, City of Pearland, Brazoria County, Texas. Said 0.183 acre tract
being a part of that 13.838 acre tract (Tract 1) described in the Final Judgement of Cause
No 23,835G, City of Pearland vs. 313 Acies Pearland Joint Venture, et al, recorded
under Brazoria County Clerk's File No. 98040264 and being further described by metes
and bounds as follows: (The bearings described herein are based on the southwesterly
lines of Tract 1 (3.4288 acres) and Tract 2 (0.7334 acre) described in the Warranty Deed
to Donya L L C , recorded under Biazoiia County Clerk's File No. 99003901.)
COMMENCING at the point of intersection of the southwesterly right-of-way line of
F.M. 518 (also know as East Bioadway and based on a width of 100 feet) with the
northwesterly right-of-way line of Liberty Drive (based on width of 60 feet) as described
in the Right -of -Way Deed to the Cit} of Pearland, recorded in Volume 1271, Page 566 of
the Brazoria County Deed Records;
THENCE, South 41°31'50" West, along the northwesterly line of said Liberty Drive for a
distance of 450.00 feet to a 5/8-inch iron rod found foi the south corner of said 3.4288
acre tract and the east corner of said 13.838 acre tract;
THENCE, North 48°28' 10" West, along the common line between said 13.838 acre tract
and said 3.4288 acie tract for a distance of 25.00 feet to a 5/8-inch iron with an orange
plastic cap stamped "West Belt Surveying, Inc." set for the POINT OF BEGINNING and
the east corner of the herein described tract;
THENCE, South 41°31'50" West, departing said common line between said 13.838 acre
tract and said 3.4288 acre tract, for a distance of 25.00 feet to a 5/8-inch iron rod with an
orange plastic cap stamped "West Belt Surveying Inc" set for the south corner of the
herein described tract;
THENCE, North 48°28' 10" West, along the southwesterly line of the herein described
tract for a distance of 497.62 feet to a point for the west corner of the herein described
tract;
THENCE, North 41°31'50" East, along the northwesterly line of the herein described
tract for a distance of 16.00 feet to a 5/8-inch iron with an orange plastic cap stamped
'West Belt Surveying, Inc. ' set for the west corner of said 0.7334 acre tract and the south
corner of that 0.7317 acre tract described in the General Warranty Deed to Claws & Paws
Veterinary Hospital, recorded under Brazoria County Clerk's File No. 97022025, said
iron rod also being an angle point in the northeasterly line of said 13.838 acre tract and
the north corner of the herein described tract
PAGF 2
0.183 ACRF §
W. D C. HALL SURVEY §
ABSTRACT NUMBER 70 §
BRAZORIA COUNTY, CITY OF PEARLAND, TEXAS §
THENCE, South 48°28' 10" East, along the common line between the northeasterly line
of said 13.838 acre tiact and the southwesterly lines of said 0 7334 acre tract, then along
said 3.4288 acre tract for a distance of 497.62 feet to the POINT OF BEGINNING
containing a computed area of 0.183 acre (7,962 square feet) of land as depicted on the
plat of a 16-Foot Wide Utility Easement prepared by West Belt Surveying for the City of
Pearland, Project No. 7230004A, dated: May 28, 2002.
West Belt Surveying, Inc.
15915 Katy Freeway, Suite 450
Houston, TX 77094
(713) 599-8288
D. ast&__ Qum_
Joel D. Walker Date
Texas Registration No. 5189
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1.761 ACRES §
W. D. C. HALL SURVEY §
ABSTRACT NUMBER 70 §
BRAZORIA COUNTY, CITY OF PFARLAND, TEXAS §
FIELD NOTE DESCRIPTION of a 1 761 acre tract of land located in the W. D. C. Hall
Survey, Abstract No. 70, City of Pearland, Brazoria County Texas. Said 1.761 acre tract
being a part of that 13 838 acre tract (Tract 1) described in the Final Judgement of Cause
No 23,835G, City of Pearland vs. 313 Acres Pearland Joint Venture, et al, recorded
under Brazoria County Clerk's File No. 98040264 and being further described by metes
and bounds as follows: (The bearings described herein are based on the southwesterly
lines of Tract 1 (3.4288 acres) and Tract 2 (0.7334 acre) described in the Warranty Deed
to Donya L L C , recorded under Biazoiia County Clerk's File No. 99003901.)
COMMENCING at the point of intersection of the southwesterly right-of-way line of
F.M. 518 (also know as East Bioadway and based on a width of 100 feet) with the
northwesterly right-of-way line of Liberty Drive (based on width of 60 feet) as described
in the Right -of -Way Deed to the City of Pearland, recorded in Volume 1271, Page 566 of
the Brazoria County Deed Records;
THENCE, South 41 °31'50" West, along the northwesterly line of said Liberty Drive
passing a found 5/8-inch iion rod at a distance of 450.00 feet for the south corner of said
3.4288 acre tract and the east coiner of said 13.838 acre tract, then continuing along the
northwesterly line of said Liberty Drive foi a distance of 475.00 feet to a 5/8-inch iron
rod with an orange plastic cap stamped "West Belt Surveying Inc" set for the POINT OF
BEGINNING and the most southerly east corner of the herein described tract;
THENCF, South 41°31'50" West, continuing along the northwesterly light -of -way line
of said Liberty Drip e for a distance of 123.00 feet to a 5/8-inch iron rod with an orange
plastic cap stamped "West Belt Surveying Inc ' set for the south corner of the herein
described tract;
THENCE, North 48°28 10" West, departing the northwesterly line of said Liberty Drive
and along the southwesterly line of the herein described tract for a distance of 522.62 feet
to 5/8-inch iron rod with an orange plastic cap stamped ` West Belt Surveying Inc" set for
the west corner of the herein described tract;
THENCE, North 41°31 50" East, along the northwesterly line of the herein described
tract for a distance of 148.00 feet to a 5/8-inch icon with an orange plastic cap stamped
'West Belt Surveying, Inc set for the west corner of said 0.7334 acre tiact and the south
corner of that 0.7317 acre tract described in the General Warranty Deed to Claws & Paws
Veterinary Hospital, recorded under Brazoria County Clerk's File No. 97022025, said
iron rod also being an angle point in the northeasterly line of said 13.838 acre tract and
the north corner of the herein described tract
PAGE 2
1.761 ACRFS §
W. D C. HALL SURVEY §
ABSTRACT DUMBER 70 §
BRAZORIA COUNTY, CITY OF PEARLAND, TEXAS §
THENCE, South 48°28' 10" East, along the common line between the northeasterly line
of said 13.838 acre tract and the southwesterly lines of said 0.7334 acre tract, then along
said 3.4288 acre tract for a distance of 497.62 feet to a 5/8-inch iron with an orange
plastic cap stamped ` West Belt Surveying, Inc." set for the most northerly east corner of
the herein described tract;
THENCE, South 41°31'50" West, departing the common line between the northeasterly
line of said 13.838 acre tract and the southwesterly line of said 3.4288 acre tract, for a
distance of 25.00 feet to a 5/8-inch iron with an orange plastic cap stamped 'West Belt
Surveying, Inc." set for corner of the herein described tract;
THENCE, South 48°28' 10" East, for a distance of 25.00 feet to the POINT OF
BEGINNING containing a computed area of 1.761 acres (76,723 square feet) of land as
depicted on the Land Title Survey prepared by West Belt Surveying for the City of
Pearland, Project No. 7230004A, dated: May 8, 2002, revised May 28, 2002.
West Belt Surveying, Inc.
15915 Katy Freeway, Suite 450
Houston, TX 77094
(713) 599-8288
•
•
•
JOOEt. D. WALKER
etc
9 5139 s
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SuB'J
Joel D. Walker Date
Texas Registration No. 5189
•
0.028 ACRES §
W. D. C. HALL SURVEY §
ABSTRACT NUMBER 70 §
BRAZORIA COUNTY, CITY OF PEARLAND, TEXAS §
FIELD NOTE DESCRIPTION of a 0.028 acre tract of land located in the W. D. C. Hall Survey,
Abstract No. 70, City of Pearlancl, Brazoria County, Texas. Said 0 028 acre tract being a part of
that 13.838 acre tract (Tract 1) described in the Final Judgement of Cause No. 23,835G, City of
Pearland vs. 313 Aces Pearlancl Joint Venture, et al recorded under Brazoria County Clerk's File
No. 98040264 and being furthei described by metes and bounds as follows: (The bearings
described herein are based on the southwesterly lines of Tract 1 (3.4288 acres) and Tract 2
(0.7334 acre) described in the Warranty Deed to Donya L.L.C. recorded under Brazoria County
Clerk's File No. 99003901 )
COMMENCING at the point of intersection of the southwesterly right-of-way line of F.M. 518
(also know as East Broadway and based on a width of 100 feet) NA, ith the northwesterly right-of-
way line of Liberty Drive (based on width of 60 feet) as desc►ibed in the Right -of -Way Deed to
the City of Pearland recorded in Volume 1271, Page 566 of the Brazoria County Deed Records;
THENCE, South 41°31'50" West, along the northwesterly line of said Liberty Drive passing a
found 5/8-inch iron rod at a distance of 450.00 feet foi the south corner of said 3.4288 acre tract
and the east corner of said 13.838 acre tact, then continuing along the northwesterly line of said
Liberty Drive for a distance of 475.00 feet to a 5/8-inch iron rod with an orange plastic cap
stamped "West Belt Surveying Inc" set for the POINT OF BEGINNING and the east corner of
the herein described tract;
THENCE, South 41 °31'50" West, continuing along the northwesterly right-of-way line of said
Liberty Drive for a distance of 123.00 feet to a 5/8-inch iron iod with an orange plastic cap
stamped "West Belt Surveying Inc" set for the south corner of the herein described tract;
THENCE, North 48°28' 10" West, departing the northwesterly line of said Liberty Drive and
along the southwesterly line of the herein described tract for a distance of 10.00 feet to point for
the west corner of the herein described tract;
THENCE, North 41°31'50" East, along a line 10-foot perpendicular and parallel to the
northweste► ly line of said Liberty Drive for a distance of 123.00 feet to a point for the north
corner of the herein described tact;
THENCE, South 48°28' 10" East, for a distance of 10.00 feet to the POINT OF BEGINNING
containing a computed area of 0 028 acres (1,230 squat feet) of land as depicted on the 10-Foot
Wide Sanitary Sewer and Waterline Easement prepared by West Belt Surveying for the City of
Pearland, Project No. 7230004A, dated: May 28, 2002.
West Belt Surveying,
15915 Katy Freeway,
Houston, TX 77094
(713)599-8288
Inc. .,.c' Y
Suite [t` �.y,fl**. Ts • -is D. Walker
•'•:'�'k � t texas Registration No. 5189
....« • S •'s `
....�l;
JOEL D. WALKER ::;
'Se .Q
"3 5189 NJ.'
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