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Home My WebLink AboutOrd. 0890 12-21-98ORDINANCE NO. 890 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 a 0.404 acre tract which includes property described by metes and bounds attached hereto as Exhibit "A" and depicted in the map attached hereto as Exhibit "B", such exhibits being incorporated herein for all purposes; and WHEREAS, the Veterans of Foreign Wars Post 7109 ("VFW") owns a 0.163 acre tract which includes property described by metes and bounds attached hereto as Exhibit "C" and depicted in the map attached hereto as Exhibit "D", such exhibits being incorporated herein for all purposes; and WHEREAS, the 0.404 acre tract described in Exhibit "A" directly abuts the 0.163 acre tract which includes the property described in Exhibit "C"; and WHEREAS, the City of Pearland desires to exchange the property described in Exhibit "A" for the property described in Exhibit "C" to expand an existing right-of-way; and WHEREAS, the City has determined, by appraisal, 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, 1 ORDINANCE NO. 890 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. 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. %/`r° PASSED and APPROVED ON FIRST READING this the day of , A. D., 19 98'. 2 TOM REID MAYOR ORDINANCE NO. 890 ATTEST: PASSED and APPROVED ON SECOND AND FINAL READING this the day of '}',beg , A. D., 19Cf6 . ATTEST: ;►UNG,'IN. Y i33''RETARY APPROVED AS TO FORM: r DARRIN M. COKER CITY ATTORNEY 3 TOM REID MAYOR TRACT 7 Pearland Memorial Veterans of Foreign Wars Post 7109 STATE OF TEXAS § COUNTY OF BRAZORIA § FIELDNOTE DESCRIPTION of a 0.404 acre tract in the H.T. & B.R.R. Company Survey, Abstract No. 239, Brazoria County, Texas. Said tract is a part of Lot 4, Block 2 of the Pearland Industrial Park Subdivision as recorded in Volume 16, Page 171 of the Brazoria County Map Records. Said Lot 4 was conveyed to the City of Pearland as evidenced in Clerk's file Number 85108 545 of the Brazoria County Deed Records and is more particularly described by metes and bounds as follows: COMMENCING, at a 5/8-inch iron rod set at the northwest comer of said Lot 4, Block 2, said point being in the east right-of-way line of Veteran's Drive (based on a width of 70- feet wide) and is in the south line of a 0.427 acre tract described in a deed to the Pearland Memorial Veteran's of Foreign Wars Post 7109 as recorded in Volume 1131, Page 305 of the Brazoria County Deed Records; THENCE, North 89°35'18" East, along the north line of said Lot 4, same being the south line of said 0.427 acre tract, for a distance of 15.00 feet to a 5/8-inch iron rod set for the POINT OF BEGINNING and northwest comer of the herein described tract; THENCE, North 89°35'18" East, continuing along the north line of Lot 4, same being the south line of said 0.427 acre tract, for a distance of 351.39 feet to a 1-1/4" iron pipe found for the northeast comer of the herein described tract, said point also being the southeast comer of the aforementioned 0.427 acre tract to Pearland Memorial Veterans of Foreign Wars Post 7109; THENCE, South 01°10'11" East, for a distance of 50.00 feet to a 5/8-inch iron rod set for the southeast comer of the herein described tract; THENCE, South 89°35'17" West, for a distance of 352.51 feet to a 5/8-inch iron rod set for the southwest comer of the herein described tract; THENCE, North 00°07'07" East, 15-feet east of and parallel to the east line of Veteran's Drive for a distance of 50.00 feet to the POINT OF BEGINNING, containing a computed area of 0.404 of an acre (17,596 square feet). November 12, 1998 Walsh Surveying, Inc. 2006 E. Broadway, S-105 Pearland, Texas, 77581 281-485-3991 Job No. 98-103 Michael D. Wilson, R.P.L.S. Registration No. 4821 72.3658 ACRES THE BERRY MILLER CHILDREN'S CORP. DECEMBER 31, 1992 FC# 93-01947 TRACT 5 0.163 ACRE - 7,092 SQ. FT. VETERAN'S DRIVE (A.K.A. PEARLAND SITES RD. N 00'07'07" E FOUND 1/2" IRON ROD C.R. 143) 70' ROW 675.00' POINT OF BEGINNING-�_N 89'35'18' E 25.00' N 89'35'18'1 E 15.00' - •- N 89'52'53" W 15.00' SET 5/8" IRON ROD S 00'07'07 TRACT 6 0.233 ACRE 10,126 SQ. FT. W 875.14' LOT 4 BLK 2 CITY OF PEARLAND FEBRUARY 26, 1985 FC # 85108 545 B.C.D.R. �� \\S' QP `L o • c QP ,$),PPGA �. Div This survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category 1A, Condition IV Survey. S Michael D. Wilson R.P.L.S. Texas Registration No. 4821 I-19-98 SET 5/8" IRON ROD CV to TRACT 7 0.404 ACRE 17,596 SQ. FT. SET 5/8" IRON ROD ~50.00' 00'07'07" W S 0110'11" E 50.00' FND 11/4" IRON PIPE SET 5/8" IRON ROD N 00.07'07" E 1 283.79' 283.59' SET 5/8" IRON ROD 2.38 ACRES PEARLAND MEMORIAL VETERANS OF FOREIGN WARS POST 7109 VOL. 1083 PG. 366 B.C.D.R. LOT 1 JOHN A. SAGE, TRUSTEE JUNE 29, 1990 VOL. 91966, PG. 912 B.C.D.R. POINT OF BEGINNING S 89'56'57" E 25.00' 133aS IfN 1VM 100 0 50 100 1 inch = 100 ft. NOTE: 1. TFIE BEARINGS SHOWN HEREON ARE BASED ON THE DEED RECORDED IN BRAZORIA COUNTY CLERK'S FILE NO. 96-020723. 2. DEED RESEARCH WAS PROVIDED BY ABSTRACT SERVICES IN ANGLETON TEXAS. 0.427 ACRES PEARLAND MEMORIAL VETERANS OF FOREIGN WARS POST 7109 VOL. 1131 PG. 305 B.C.D.R. 11 /12/98 REVISED TO SHOW TRACTS 6 AND 7 G.M.W. M.D.W. WALSH SURVEYING INC. PROFESSIONAL LAND SURVEYORS 2006 E. BROADWAY PEARLAND, TEXAS (281) 485--3991 FAX (281) 485-3998 DATE 3/30/98 JOB NO. 98-103 CAD FILE 98-103F DWN J.G.V. CITY OF PEARLAND, TEXAS CKD M.D.W. PLAT TO SHOW TRACTS ON VETERANS DRIVE (COUNTY ROAD 143) BRAZORIA COUNTY, TEXAS APPD M.D.W. SCALE 1 "=100' TRACT 5 PEARLAND MEMORIAL V.F.W. POST 7109 STATE OF TEXAS § COUNTY OF BRAZORIA § FIELDNOTE DESCRIPTION of a proposed 0.163 acre tract in the H.T. & B.R.R. Company Survey, Abstract No. 239 in Brazoria County, Texas. Said 0.163 acre tract is a part of 2.38 acre tract described in a deed to the Pearland Memorial Veterans of Foreign Wars Post 7109 as recorded in Volume 1083, Page 366 of the Brazoria County Deed Records and is also a part of a 0.427 acre tract described in a deed to the Pearland Memorial Veterans of Foreign Wars Post 7109 as recorded in Volume 1131, Page 305 of the Brazoria County Deed Records. Said tract is more particularly described by metes and bounds as follows: BEGINNING at the point of intersection of the occupied south right-of-way line of Walnut Street (32.85 feet south of the north line of said H.T. & B.R.R. Company Survey, Abstract No. 239) with the east line of Veteran's Drive (a.k.a. Pearland Sites Road or C.R. 143 and is based on a width of 60 feet at this point), said point being the northwest comer of said 2.38 acre tract; THENCE, South 89°56'57" East, along the occupied south line of Walnut Street for a distance of 25.00 feet to a 5/8-inch iron rod set for the northeast comer of the herein described tract; THENCE, South 00°07'07" West, along the east line of said tract for a distance of 283.59 feet to a 5/8-inch iron rod set for the southeast comer of the herein described tract, said point being in the south line of the aforementioned 0.427 acre tract, same being the north line of Lot 4, Block 2 of the Pearland Industrial Park Subdivision as recorded in Volume 16, Page 171 of the Brazoria County Map Records; THENCE, North 89°35'18" West, along said common line for a distance of 25.00 feet to a point for comer in the aforementioned east right-of-way line of Veteran's Drive; THENCE, North 00°07'07" East, along the east line of said Veteran's Drive for a distance of 283.79 feet to the POINT OF BEGINNING, containing a computed area of 0.163 of an acre (7,092 Square Feet). NOTE: The bearings shown hereon are based on the deed recorded in Brazoria County Clerk's File No. 96-020723. Walsh Surveying, Inc. 2006 E. Broadway, Suite 105 Pearland, Texas 77581 (281) 485-3991 Job No. 98-103 4-«-15 chael D. Wilson, R.P.L.S. Registration No. 4821 '., �eoos�o.+�6 ✓ 4�J �F , o lbo� 4821t 72.3658 ACRES THE BERRY MILLER CHILDREN'S CORP. DECEMBER 31, 1992 LOT 4 BLK 2 CITY OF PEARLAND FEBRUARY 26, 1985 FC # 85108 545 B.C.D.R. FC# 93-01947 N 89'35'18" W 25.00' 0.427 ACRES PEARLAND MEMORIAL VETERANS OF FOREIGN WARS POST 7109 VOL. 1131 PG. 305 B.C.D.R. This survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category 1A, Condition IV Survey. TRACT 5 0.163 ACRE 7,092 SQ. FT. N 00'07'07" E\ 283.79' S 00'07'07" W 283.59' SET 5/8" SET 5/8" IRON ROD IRON ROD 2.38 ACRES PEARLAND MEMORIAL VETERANS OF FOREIGN WARS POST 7109 VOL. 1083 PG. 366 B.C.D.R. JOHN A. SAGE, TRUSTEE JUNE 29, 1990 VOL. 91966, PG. 912 B.C.D.R. —___7 POINT OF BEGINNING - S 89'56'57" E 25.00' 100 0 50 100 NOTE: 1. THE BEARINGS SHOWN HEREON ARE BASED ON THE DEED RECORDED IN BRAZORIA COUNTY CLERK'S FILE NO. 96-020723. 2. DEED RESEARCH WAS PROVIDED BY ABSTRACT SERVICES IN ANGLETON TEXAS. WALSH SURVEYING INC. PROFESSIONAL LAND SURVEYORS 2006 E. BROADWAY PEARLAND, TEXAS (281) 485-3991 FAX (281) 485-3998 CITY OF PEARLAND, TEXAS PLAT TO SHOW A 0.163 ACRE TRACT ON VETERANS DRIVE (COUNTY ROAD 143) BRAZORIA COUNTY, TEXAS DATE 3/30/98 JOB NO. 98-103 CAD FILE 98-103F DWN J.G.V. CKD M.D.W. APPD M.D.W. SCALE 1 "=100'