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Ord. 1103 04-14-03ORDINANCE NO. 1103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE RIGHT-OF-WAY FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council recognizes that a public convenience and necessity exists for the location, construction, operation, and maintenance of drainage improvements on certain real property described herein; and WHEREAS, accordingly, the City Council hereby acknowledges that it is in the public's best interest to acquire right-of-way for the construction of drainage improvements on said property; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City Council hereby finds and determines that a public convenience and necessity exists for the construction of drainage improvements on certain real property located in Brazoria County, Texas. Section 2. The public convenience and necessity requires the acquisition of right- of-way, by donation, purchase, condemnation, or otherwise, of certain real property located within the City and situated in Brazoria County, more particularly described in Exhibits "A", "B", "C", "D", "E" and "F" attached hereto and incorporated herein for all purposes. Section 3. The City Attorney, or his designee, and other City officials are hereby authorized and directed, on behalf of the City to take such actions as are necessary to acquire the properties, described in Exhibits "A", "B", "C", "D", "E" and "F" and any ORDINANCE NO. 1103 improvements thereon, either by donation, purchase or the exercise of the power of eminent domain. Section 4. The City Council hereby declares that a public emergency exists for the acquisition of said right-of-way as the construction of drainage improvements bears directly upon the health, safety, and welfare of the citizenry; therefore this Ordinance shall be passed finally on its first and only reading and shall take effect immediately upon its passage and approval by the City Council. PASSED and APPROVED on First and Only Reading this the 14th day of April , A. D., 2003. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 TOM REID MAYOR 08/26/2002 16:36 FAX 7132663723 LAN ROW b a EXHIBIT A @1003 DESCRIPTION OF 0.703 ACRE (30,618 S.F.) CORRIGAN PARCEL 8 August 28, 2002 Sob No.1610-0202-005 Being 0.703 acre (30,618 S.F.) of land located in the H.T.&B.R.R. Co. Survey, Section 13, Abstract No. 240, Brazoria. County, Texas, more particularly being a. portion of Lot 36 of the Figland Orchard Subdivision No. 1, a subdivision of record in Volume 3, Page 77, Plat Records, Brazoria County, Texas and a portion of that certain called 3 acre tract conveyed to Mary Ann Trigg by instrument of record in Volume (91)947, Page 936, Deed Records, Brazoria County, Texas (B.C.D.R.), said 0.703 acre (30,618 S.F.) being more particularly described by metes and bounds as follows (all bergs referenced to the Texas State Plane Coordinate System, South Central Zone); BEGINNING at a set 5/8-inch iron rod witb plastic cap marked. "LJA ENG." marking the southwest comer of aforementioned 3 acre tract, same being the northwest corner of that certain called 6.925 acre tract conveyed to Ira W. Hubbard by instrument of record in File No. 99-045755, Official Records, Brazorta County, Texas, and bung on the common line of Lots 35 and 36 of said subdivision; Thence, with the west line of said 3 acre tract and with the common line of Lots 35 and 36 of said subdivision, North 02' 26' 54" West, 204.11 feet to a 5/8-inch iron rod with plastic cap marked "LJA ENG." set for comer, same being the northwest corner of said 3 acre tract, also being the northwest corner of Lot 36 of said subdivision; Thence, with the north lime of said 3 acre tract and the north line of Lot 36 of said subdivision, North 87° 17' 27" East, 150.00 feet to a 5/8-inch iron rod with plastic cap marked "LJA ENG." set for corner and from which a found 1/2-inch iron rod bears North 87° 17' 27" East, 11.91 feet and a 1/2-inch iron pipe found marking the northeast corner of said 3 acre tract and the northeast comer of Lot 36 of said subdivision bears North 87° 17' 27" East, 485.93 feet; Thence, leaving said north lines, South 02° 26' 54" East, 204.13 feet to a 5/8-inch iron rod with plastic cap tnarkcd "LJA ENG." set for corner on the common line of said 3 acre and 6.925 acre tracts and from which a 1/2-inch iron pipe bears North 87° 17' 56" East, 475.04 feet found marking the common east corner of said 6.925 acre and 3 acre tracts; Thence, with said common line, South 87° IT 56" East, 150.00 feet to the POINT OF BEGINNING and containing 0.703 acre (30,618 S.F.) of land The above description prepared from a survey prepared by the undersigned, dated August 28, 2002. <G3c...E Jerry A. Davis Registered Professional Land Surveyor Texas Registration No. 1891 Page 1 of 1 LJA Engineering & Surveying, Inc. a o El V.991 0-16 '1' d Qt sat 8o1. YDS' D1srVU � >n $3 d0i O181111U c i .�'0'D'a I L'0d ' 900I (261 -10A g 101 01 ti313K3 auti7 Za7 'a'd'D'@ 9oaft913311I HM1 HSVD� e 'tJ pci_a (7b0L1 G73/.41V H £'-JCQ 35 'djiZ 1 'PU3 .d.d•D • LL ' 0d ' 6 ' "10A i D8VH:)2 0 C3 V1Q9 .i .4:s� a, b k a�l��b 6, 6'r 9 .�rtraz 3b5,�2Os to 1[1 1/605,9?.30N MOH 1V. 1 u-1 cc Is) 4 mtn • cri d CC • ►o a, • • . 0D QZ C •. N rn Q Jo 0 ti -vamp otc CD £ZL£99Z£TL %yd 9£:9T Z00Z/6Z/80 t3/02/2002 10:27 FAX 713 266 3438 TRANSPORTATION EXHIBIT t1003 1 • i i D 3 B DESCRIPTION OF 0.102 ACRE (4,464 S.F.) CORRIGAN PARCEL 11 Being 0.102 acre (4,464 S.F.) of land located in the H.T.&B.R.R. Co. Survey, Section 13, Abstract No. 240, Brazoria County, Texas, more particularly being a portion of Lot 30 of the Figland Orchard Subdivision No. 1, a isubdivision of record in Volume 3, Page 77, Plat Records, Brazoria County, Texas and part of that certain tract conveyed to Mario Hurtado by instrument of record in Volume (91)975, Page 889, Deed Records, Brazoria County, Texas (B.C.D.R.), said 0.102 acre (4,464 S.F.) being more particularly described by metes and bounds as follows (all bearings referenced to the Texas State Plane Coordinate System, South Central Zone); BEGINNING at a 5/8-inch iron rod found marking the common south corner of Lots 27 and 30 of said subdivision, same being the common south corner of said tract of land described in Volume (91)975, Page 889 and that certain tract of land conveyed to Jesus Gonzales by instrument of record in Volume 1410, Page 170, B.C.D.R., and being on the north right-of-way line of Fite Road; Thence, with the south line of Lot 30 of said subdivision and said tract of land described in Volume (91)975, Page 889 and the north line of Fite Road, South 85' 57' 20" West, 21.53 feet to a 5/8-inch iron rod with plastic cap marked "LJA ENG." set for corner, from which a 1-inch iron rod found marking the southwest corner of said tract of land described in Volume (91)975, Page 889 bears South 85° 57' 20" West, 4556 feet; Thence, North 02° 47' 48" West, 209.65 feet to a 3/4-inch iron pipe found on the north line of said tract of land described in Volume (91)975, Page 889, same being the southwest corner of that certain tract of land called 3 acres 11. conveyed to Deborah Jean Myers by instruments of record in Volume 1585, Page 179 and Volume (91)932, Page 8, B.C.D.R. and on the common line of Lots 22 and 30 of said subdivision, from which a 1A-inch iron pipe found marling the northwest corner of said tract of land described in Volume (91)975, Page 889 bears South 86° 51' 44" West, 46.21 feet; Thence, with said common lot line and the common line of said tract of land described in Volume (91)975, Page 889 and said 3 acre tract, North 88° 46' 55" East, 21.17 feet to a 1/2-inch iron pipe found marking the common north corner of Lots 27 and 30 of said subdivision and being the common north comer of said tracts of land described in Volume (91)975, Page 889 and Volume 1410, Page 170; Thence, with the common lines of said tracts of land described in Volume (91)975, Page 889 and Volume 1410, Page 170 and Lots 27 and 30 of said subdivision, South 02° 53' 51" East, 208.60 feet to the POINT OF BEGINNING and containing 0.102 acre (4,464 S.F.) of land. The above description prepared from a survey prepared by the undersigned, dated October 31, 2002. October 31, 2002 Job No. 1610-0202-005 1 Jerry A. Davis Registered Professional Land Surveyor Texas Registration No. 1891 LJA Engineering & Surveying, Inc. JERRYA. DAIS Page 1 of 1 z t ( dl., •414 o{ •'4 cc -` O2Ll 'Jd' '01 b1 '10A S3-ftfZN00 • 3 1111 NH � C) 1 i a O r 3 d 1 M old S3" IYZNt1O ' VI Sf1S3f CI c W .. x Z - a ,07 Cl. tL to ot't o a q ,O9'BOZ 3.6,s;2OS ti7 F - - • ri's t9k4b) 3 — e ca vi m u MIN aoro . a ,.n 3t 7 ? < > Liu ST603 M.9Y.1.>�'2ON 644 ow/Jun1H6OtlVT(• TO/1 OS 7-07 CONVENTIONAL SIGNS H® 14. w J CO Q t— w z J • - 0 • • • 0 N t1 in Ifl 2 • N W U CC a CC 0 w 0 0 a 0 U 0 N 0 O to - W m >- CCen" to- V2o N 01 x - a_ M -o a 1 EXHIBIT C DESCRIPTION OF 0.651 ACRE (28,377 S.F.) CORRIGAN PARCEL 12 January 22, 2003 Job No. 1610-0202-005 Being 0.651 acre (28,377 S.F.) of land located in the H.T.&B.R.R. Co. Survey, Section 13, Abstract No. 240, Brazoria County, Texas, more particularly being a portion of Lot 27 of the Figland Orchard Subdivision No. 1, a subdivision of record in Volume 3, Page 77, Plat Records, Brazoria County, Texas and all of those certain tracts conveyed to Jesus M. Gonzales and Anita F. Gonzales by instruments of record in Volume 1410, Page 170 and Volume 1240, Page 516, Deed Records, Brazoria County, Texas (B.C.D.R.), said 0.651 acre (28,377 S.F.) being more particularly described by metes and bounds as follows (all bearings referenced to the Texas State Plane Coordinate System, South Central Zone); BEGINNING at a 5/8-inch iron rod found marking the common south corner of Lots 27 and 30 of said subdivision, same being the common south corner of said tract of land described in Volume 1410, Page 170 and that certain tract of land conveyed to Mario Hurtado by instrument of record in Volume (91)975, Page 889, B.C.D.R., and being on the north right-of-way line of Fite Road; Thence, with the common line of said Lots 27 and 30 of said subdivision, same being the common line of said tracts of land described in Volume (91)975, Page 889 and Volume 1410, Page 170, North 02° 53' 51" West, 208.60 feet to a 1/2-inch iron pipe found marking the common north corner of said Lots 27 and 30 of said subdivision, same being the common north corner of said tracts of land described in Volume (91)975, Page 889 and Volume 1410, Page 170 and on the south line of Lot 22 of said subdivision, also being on the south line of that certain called 3 acre tract conveyed to Deborah Jean Myers by instruments of record in Volume 1585, Page 179 and Volume (91)932, Page 8, B.C.D.R.; Thence, with the common line of Lots 22 and 27 of said subdivision and the common line of said tract of land described in Volume 1410, Page 170 and said 3 acre tract, North 87° 11' 36" East, at 68.08 feet pass a 1-inch iron pipe found marking the common north comer of said tracts of land described in Volume 1410, Page 170 and Volume 1240, Page 516 and continuing with the common line of said tract of land described in Volume 1240, Page 516 and said 3 acre tract in all a distance of 135.66 feet to a 1/2-inch iron pipe found marking the common north corner of said tract of land described in Volume 1240, Page 516, and that certain tract conveyed to Julian Bejarano and Juanita Bejarano by instrument of record in Volume 965, Page 573, B.C.D.R.; Thence, with the common line of said tracts of land as described in Volume 1240, Page 516 and Volume 965, Page 573, South 02° 53' 44" East, 209.76 feet to a 5/8-inch iron rod with plastic cap marked "LJA ENG." set for corner marking the common south corner of said tracts of land as described in Volume 1240, Page 516 and Volume 965, Page 573, same being on the common line of Lot 27 of said subdivision and Fite Road; . Thence, with the south line of said tract of land as described in Volume 1240, Page 516, same being the common line of Lot 27 of said subdivision and Fite Road, South 87° 40' 58" West, at 67.91 feet pass the common south corner of Page 1 of 2 0.651 acre January 22, 2003 Job No. 1610-0202-005 said tracts of land described in Volume 1410, Page 889 and Volume 1240, Page 516 and from which a found' -inch iron rod bears North, 0.27 feet and continuing with the south line of said tract of land described in Volume 1410, Page 170 in all a distance of 135.66 feet to the POINT OF BEGINNING and containing 0.651 acre (28,377 S.F.) of land. The above description prepared from a survey prepared by the undersigned, dated January 22, 2003. Jerry A. Davis Registered Professional Land Surveyor Texas Registration No. 1891 LJA Engineering & Surveying, Inc. 1E OF ... :................ :... . JERRY^/A.. DAVIS Page 2 of 2 ��-- z Ul E, `a o: r 1,SN"'O 0 Z< cC cr) �ocO=u W MusCC J gym • le_ U�.a 0 >> t azZ— - Q> .m co 000. —In ha 7-°7 ELS '0d 'S96 '10A Ndbdr 39 Nd i 1nr ,9r603 3.17b,CS.ZOS to viW3.0 91 5 •0d • OPZI •10A 931VZNO0 3 V11 NV • LL S3'1VZN00 ' W S(iS3f „ a� U (i) OLI 0d '011+8 .10A 531VZNOD 'W St1S3f ,O99O3 M.IS,SS.ZON DE 707 c\1 0da'•a 6(l6) '10A Qq 688 oavlanH GI aVW t \, cl (0 . .00 O Grave Dave N S M °' to ▪ h 2.G c o U U ti U D o o ▪ jNc1..m o • hnl coo, . $ ''--,cc h O g o C it Cd pp o c o �'Qo�M aa))oN� =b jtt-`� o �o� �a c' a o o g•L0c.)ooCLg r 1' 4!~ hS1g o Q)pez' 2 03 �',o L O 2C�illu §- Um o �unN ' - %V' .Lricri ' CONVENTIONAL SIGNS a'up7 107 E- U W J W W w J CC I— W O ZW O W W Z W JCQ-0 w = = < J mCCMtcQ- tY = 2 2 J W W W Wa-00-3Nf-J >t/)—JQOQQW OQ=LA- a_cc31- co x CC co 0 0 >- cc z 3 77042-3703 N W a_ z t.5 cr cr U cr.� J � gz h toe, •y...� H N.CZ Ve -1,3 C 01 N a) 0 L 0 a 0 0 N 0 N O o_ 0 - v >- cr>v t/) — Y - M (no CIO -DN 0 r N O_ N January 22, 2003 Job No. 1610-0202-005 DESCRIPTION OF 0.716 ACRE (31,209 S.F.) CORRIGAN PARCEL 13 Being 0.716 acre (31,209 S.F.) of land located in the H.T.&B.R.R. Co. Survey, Section 13, Abstract No. 240, Brazoria County, Texas, more particularly being a portion of Lot 22 of the Figland Orchard Subdivision No. 1, a subdivision of record in Volume 3, Page 77, Plat Records, Brazoria County, Texas and part of that certain tract called 3 acres conveyed to Deborah Jean Myers by instruments of record in Volume 1585, Page 179 and Volume (91)932, Page 8, Deed Records, Brazoria County, Texas (B.C.D.R.), said 0.716 acre (31,209 S.F.) being more particularly described by metes and bounds as follows (all bearings referenced to the Texas State Plane Coordinate System, South Central Zone); BEGINNING at a 3/4-inch iron pipe found marking the southwest corner of Lot 22 of said subdivision, same being the common southwest corner of said 3 acre tract and being on the north line of that certain tract conveyed to Mario Hurtado by instrument of record in Volume (91)975, Page 889, B.C.D.R.; Thence, with the west line of said Lot 22 of said subdivision and said 3 acre tract, North 02° 44' 44" West, 204.90 feet to a 5/8-inch iron rod found marking the northwest comer of said 3 acre tract, same being the southwest comer of that certain called 3 acre tract conveyed to Carlos Mendez and Herlinda Mendez by instruments of record in Volume 1560, Page 4 and Volume 221, Page 566, B.C.D.R.; Thence, with the common line of said 3 acre tracts, North 87° 09' 21" East, 178.93 feet to a 5/8-inch iron rod with plastic cap marked "LJA ENG." set for corner and from which a 1-inch iron rod found marking the common east comer of said 3 acre tracts bears North 87° 09' 21" East, 447.63 feet; Thence, leaving said common line, South 42° 23' 05" West, 40.82 to a 5/8-inch iron rod with plastic cap marked "LJA ENG." set for corner; Thence, South 02° 44' 44" East, 176.35 feet to a 5/8-inch iron rod with plastic cap marked "LTA ENG." set for corner on the south line of Lot 22 of aforementioned subdivision, same being on the south line of said 3 acre tract conveyed to Deborah Jean Myers and from which a 5/8-inch iron rod found marking the southeast corner of Lot 22 of said subdivision and the southeast corner of said 3 acre tract bears North 87° 15' 10" East, 476.69 feet; Thence, with the south line of said Lot 22 of said subdivision and the south line of said 3 acre tract, South 86° 58' 26" West, at 60.77 feet pass a 1/2-inch iron pipe and continue in all a distance of 128.84 feet to a 1/2-inch iron rod found for corner; Thence, continuing with said south lines, South 88° 46' 55" west, 21.17 feet to the POINT OF BEGINNING and containing 0.716 acre (31,209 S.F.) of land. The above description prepared from a Jerry A. Davis Registered Professional Land Surveyor Texas Registration No. 1891 survey prepared by the iidersigned, dated January 22, 2003. *:* JE; RY A. DAVIS • 1793 ' L•.9FEsslot y0� Page 1 of 1 LJA Engineering & Surveying, Inc. w �y£•.o03N 0d0H '211, z/ 'Ptid 073131V H 'ov C100 3S 3 co a�.ri7 �07 cc 'atd'o'g1on a r LL '0 ' E N NOI SI Al 0B W wN 0 1 al1VHD 0 UNY1O1 3 W < v\O zaa. a jCC0`n Lu ogLilm • a N PO cm W . 0_ n1 ct• D co - u _�0 .� �.+ZN 1tilt{laN • .� p;° N u ,a a.j— m ,j.9£yy',9��1J-7 NI J -' N• ° a - 31,0,14 205 2 >> U-) 0 J u ,0617O0 M.14 A472ON ti'G'0•8 EL5 'Oc 'S96 'l0A ONI/IP/Pal Vi1 NVnf ONVUVf 38 NVI lir d ha ;°7 *VIM b '8 CI' .8 915 '0d 'O'?i '10A S31VZNO0 ' d VII NV S31VZN09 tW sns3r La 1°7 ..,co'ti'0'3 8 LaN OLI 'Od '01VI '10A cco S31VZNOO '3 V1INV S31VZN09 'N! Sn93f za ;°7 dl.z�i'P�3 au_.__ 707 os ;°7 "4 699 'Od SL6I16) -10A OUVI'dflH 01 121VN 0 . tL W > O � N ( / p J cr — U Q Z N- J o N Li) O N w p in L� M Ln re; 3 L Y L 77042-3703 M c Lo M 0 L 0 a 0 U N 0 N 0 0 ts - L11 6 > - Ln- YK N C OC �r c EXHIBIT E January 22, 2003 Job No. 1610-0202-005 DESCRIPTION OF 4.128 ACRES (179,801 S.F.) CORRIGAN PARCEL 16 Being 4.128 acres (179,801 S.F.) of land located in the H.T.&B.R.R. Co. Survey, Section 13, Abstract No. 240, Brazoria County, Texas, more particularly being a portion of Lots 11, 14, 15 and 18 of the Figland Orchard Subdivision No. 1, a subdivision of record in Volume 3, Page 77, Plat Records, Brazoria County, Texas and part of that certain tract of land conveyed to Willie and Magnolia Foster by instrument of record in Volume 526, Page 301, Deed Records, Brazoria County, Texas (B.C.D.R.), said 4.128 acres (179,801 S.F.) being more particularly described by metes and bounds as follows (all bearings referenced to the Texas State Plane Coordinate System, South Central Zone); COMMENCING for reference at a 1/2-inch iron rod in concrete found marking the southeast corner of Lot 18 of said subdivision, same being the southeast corner of said tract of land conveyed to Willie and Magnolia Foster and being the northeast comer of that certain called 3 acre tract conveyed to Jackie E. and Norma Ann Burkett by instrument of record in Volume 1704, Page 806, B.C.D.R and on the west right-of-way line of Hatfield Road; Thence, with the south line of Lot 18 of said subdivision and the common line of said 3 acre tract and that tract of land conveyed to Willie and Magnolia Foster, South 87° 14' 19" West, 168.34 feet to a 5/8-inch iron rod with plastic cap marked "LJA ENG." set marking the POINT OF BEGINNING; Thence, continuing with said south line and said common line, South 87° 14' 19" West, 150.00 feet to a 5/8-inch iron rod with plastic cap marked "LJA ENG." set for corner marking the southwest corner of aforementioned tract of land conveyed to Willie and Magnolia Foster; Thence, leaving said south line and said common line with the west line of said tract of land conveyed to Willie and Magnolia Foster and the east lines of those certain tracts called 1.090 acres conveyed to Amelia Castillo, called 0.510 acre conveyed to Torbio Castillo, called 1.000 acre conveyed to Pearland Con of Jehovah Witnesses, called 0.385 acre conveyed to Hugo Ortiz, called 0.567 acre conveyed to Amado Castaneda, called 0.404 acre conveyed to Amado Castillo and called 3.705 acres conveyed to Wayne and Ronda Stablheber, North 02° 36' 55" West, 808.78 feet to a 5/8-inch iron rod with plastic cap marked 'LTA ENG." set for corner; Thence, leaving said west line, North 33° 19' 25" East, 542.17 feet to a 5/8-inch iron rod with plastic cap marked "LJA ENG." set for corner on the east line of said tract of land conveyed to Willie and Magnolia Foster, same being on the west right-of-way line of aforementioned Hatfield Road and from which a'/z-inch iron rod found marking the northeast corner of aforementioned Figland subdivision bears North 02° 37' 16" West, 414.57 feet; Page 1 of 2 4.128 acres January 22, 2003 Job No. 1610-0202-005 Thence, with the common line of said tract of land conveyed to Willie and Magnolia Foster and Hatfield Road, South 02° 37' 16" East, 255.53 feet to a 5/8-inch iron rod with plastic cap marked "LJA ENG." set for corner; Thence, leaving said common line, South 33° 19' 25" West, 286.65 feet to a 5/8-inch iron rod with plastic cap marked "LTA ENG." set for corner; Thence, South 02° 36' 55" East, 759.75 feet to the POINT OF BEGINNING and containing 4.128 acres (179,801 S.F.) of land. The above description prepared from a survey prepared by the undersigned, dated January 22, 2003. a�r Jerry A. Davis Registered Professional Land Surveyor Texas Registration No. 1891 Page 2 of 2 LJA Engineering & Surveying, Inc. W coco Sca/6r P - 200' CONVENTIONAL SIGNS al i x W U W L.. W Y Ls. 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C] — o 311ti7 107 [.— U N C.) O Q ° Q N cc 00 3t0V 59E'0 ° m 03-1'lV3 Z I ThO 0011H Z N Cl".;Q a— 1` 3UDY L95'0 ° O371V3 41V03NV1SV3 OOVNV 3HDV fOb'0 03TMJ 0111 LSVJ 01 E1801 1610-0202-005 3 L o x ` O OOh- LIC€ 00 a+ N U1= 77042-3703 CORRIGAN i b b EXHIBIT January 22, 2003 jab No. 1610-0202-005 DESCRIPTION OF 0.895 ACRE (38,980 S.F.) CORRIGAN PARCEL 14 Being 0.895 acre (38,980 S.F.) of land located in the H.T.&B.R.R. Co. Survey, Section 13, Abstract No. 240, Brazoria County, Texas, more particularly being a portion of Lots 19 and 22 of the Figland Orchard Subdivision No. 1, a subdivision of record in Volume 3, Page 77, Plat Records, Brazoria Comity, Texas and part of that certain tract called 3 acres conveyed to Carlos and Herlinda Mendez by instruments of record in Volume 1560, Page 4 and Volume 221, Page 566, Deed Records, Brazoria County, Texas (B.C.D.R.), said 0.895 acre (38,980 S.F.) being more particularly described by metes and bounds as follows (all bearings referenced to the Texas State Plane Coordinate System, South Central Zone); BEGINNING at a 5/8-inch iron rod found marking the southwest comer of said 3 acre tract and on the west line of Lot 22 of said subdivision, sane being on the north line of that certain called 3 acre tract conveyed to Deborah Jean Myers by instruments of record in Volume 1585, Page 179 and Volume (91)932, Page 8, B.C.D.R.; Thence, with the west line of said Lot 22 of said subdivision and said 3 acre tract conveyed to Carlos and Herlinda Mendez, North 02° 51' 10" West, at 33.78 feet to a 5/8-inch iron rod with plastic cap marked "LJA ENG." set for comer, Thence, leaving said west line, North 42* 23' 05" East, 21596 feet to a 5/8-inch iron rod with plastic cap marked "IJA ENG." set for comer on the north line of said 3 acre tract conveyed to Carlos and Herlinda Mendez and on the south tine of that certain called 3 acre tract conveyed to Jackie E. and Norma Ann Burkett by instrument of record in Volume 1704, Page 806, B.C.D.R and from which a' -inch iron rod' found marking the common west corner of said 3 acre tracts bears South 876 14' 19" West,153.34 feet; Thence, with the common line Of said 3 acre tracts, North 879 14' 19" East, 212.68 feet to a 5/8-inch iron rod with plastic cap marked "I.JA ENG." set for corner, Thence, leaving said common line, South 42° 23' 05" West, 263.48 feet to a 5/8-inch iron rod with plastic cap marked 'LTA ENG." set for corner on the south line of said 3 acre tract conveyed to Carlos and Herlinda Mendez, same being on the north line of aforementioned 3 acre tract conveyed to Deborah Jean Myers and from which a 5/8-inch iron rod found mar]g the common east corner of said 3 acre tracts bears North 87° 09' 21" East, 447.63 feet; Thence, with the common line of said 3 acre tracts, South 87° 09' 21" West, 178.93 feet to the POINT OF BEGINNING and containing 0.895 acre (38,980 S.F.) of land. The above description prepared from a survey prepared by the undersigned, dated January 22, 2003. Jerry A. Davis Registered professional Land Surveyor Texas Registration No. 1891 Page 1 of 1 L3AEngineering & Surveying, Inc. -��--- z---c c a 7r ab0i Q731diVN tn ;07 L L f ab tZ ;07 co M02i NV'I O {C • mV_1� til OO VI WI 0 ela N� J N4I 0 .Q ORM MEMO 1r cr 0 CZLC99ZCTL XVd 9VZT COOZ/TT%Zl