R2009-014 - 2009-01-26RESOLUTION NO. R2009-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY IN
ACCORDANCE WITH LOCAL GOVERNMENT CODE, SECTION 272.001.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Local Government Code, Section 272.001, authorizes a
municipality to convey real property to adjacent property owners for fair market value,
provided the property ,due to its shape or size, cannot be used independently under
existing municipal regulations.
Section 2. That the City Council has determined that the Property attached hereto
as Exhibits "A" and "B", due to its size cannot be used independently by the City.
Section 3. That the City Council hereby authorizes the City Manager or his
designee to sell the Property to the adjacent property owner for fair market value.
PASSED, APPROVED and ADOPTED this the 26th da of January, A.D., 2009.
TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2009-14
STATE OF TEXAS §
COUNTY OF BRAZORIA §
TRACT I:
A TRACT OF LAND CONTAINING 0.3247 ACRE (14,145 SQUARE FEET), BEING
OUT OF LOT 29 OF WALC01'"I"S PEARLAND SUBDIVISION, ACCORDING TO
THE MAP OR PLAT RECORDED 1N VOLUME 35, PAGES 241 AND 242 OF THE
BRAZORIA COUNTY DEED RECORDS (B.C.D.R.). SAID 0.3247 ACRE TRACT
ALSO BEING PART OF A CERTAIN CALLED 74.986 ACRE TRACT RECORDED
IN BRAZORiA COUNTY CLERK'S FILE NUMBER (B.C.C.F. NO.) 94-040206 AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
(BEARINGS ARF, BASED IN B.C.C.F. N0.2002-016842)
BEGINNING at an iron rod found in the recognized northwesterly corner of said Lot 29
marking the northwesterly comer of the herein dcscribcd tract and the recognized
northeasterly corner of Lot 19 of said Walcott's Pearland Subdivision and the
northeasterly corner of a certain called 29.994 acre tract recorded in B.C.C.F. No. 2000-
053892, said comer also being in the southerly right-of--way (R.O.W.) line of Pearland
Parkway (A.K.A. Mchard Road);
THENCE N 87° 19' 06" E, along with the recognized northerly line of said Lot 29, the
northerly line of the herein described tract and the southerly right-of--way (R.O.W.) line
of said Pearland Parkway (A.K.A. Mchard Road), a distance of 101.95 feet to an iron rod
set for corner and the beginning of a curve to the right;
'THENCE in a Southeasterly direction, along with the southwesterly R.O.W. line of said
Pearland Parkway and the northeasterly line of the herein described tract, along with the
arc of said curve to the right having a radius of 1,002A0 feet, an arc length of 238.51 feet,
a central angle of 13° 38' 18" and a chord bearing and distance of S 78° 06' 10" E-
237.95 feet to a point in the northerly lint of a certain called 5.630 acre tract recorded in
B.C.C.F. No. 96-040354 for the easterly corner of the herein dcscribcd tract and the
westerly corner o£ a certain called 0.115 acre tract conveyed to the City of Pearland
recorded in B.C.C.P. No. 2002-016842 from which an iron rod found bears S 02° S1' W,
a distance of 0.40 feet;
`THENCE S 87° 18' 00" W, along with the north line of said 5.630 acre tract and the
south line of the herein described tract, a distance of 332.21 feet to an iron rod found in
the recognized west line of said Lot 29 marking the southwest corner of the herein
described tract and the northwest corner of said 5.630 acre tract, said corner also being in
the recognized east line of aforesaid Lot 19 and 29.994 acre tract;
THENCE N 02° 42' 00" W, along with the recognized common line of said Lots 19 and
29 and being the east line of said 29.994 acre tract, a distance of 60.00 feet to the POIN"f
OF BEGINNING containing 0.3247 acre tract.
Page 1 o f 2
Exhibit "B"
Resolution No. R2009-14
TRACT I1:
A TRACT OF LAND CONTAINING 0.4218 ACRE (18,374 SQUARE FEET), BEING
OUT OF LOT 29 OF WALCOTT'S PEARLAND SUBDIVISION, ACCORDING TO
THE MAP OR PLAT RECORDED IN VOLUME 35, PAGES 241 AND 242 OF THE
BRAZORIA COUNTY DEED RECORDS (B.C.D.R.). SAID 0.4218 ACRE TRACT
ALSO BEING PART OF A CERTAW CALLED 74.986 ACRE TRACT RECORDED
IN BRAZORIA COUNTY CLERK'S FILE NUIvIDER (B.C.C.F. NO.) 94-040206 AND
BEING MORE PARTICULAIZL.Y DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
(BEARWGS ARE BASED IN B.C.C.F. N0.2002-016842)
BEGIM~IING at an iron rod set in the recognized southeasterly line of said Lot 29
marking the easterly corner of the herein described tract, said corner also being at a point
nn a curve in the southwesterly right-of--way (R.O.W.} line of Pearland Parlavay {A.K.A.
Mchard Road) and being the northerly corner of Reserve "A" of the Final Plat of The
Lakes at Highland Glcn, Section 4, according to the Map of Plat recorded in Volume 23,
Page 331 of the Brazoria County Plat Records (B.C.P.R.);
THENCE S 41° 32' 17" W, along with the recognized southeasterly line of'said Lot 29,
the southeasterly line of the herein described tract and the northwesterly line of said
Rexrve "A" and Block 1 of said Final Plat of The Lakes at Highland Glen, Section 4, at
165.48 feet pass an iron rod found and continuing Cor a total distance of 205.04 feet to an
iron rod set marking the southerly corner of the herein described tract and an angle point
of a certain called 5.630 acre tract recorded in B.C.C.F, No. 9h-040354;
"1•HENCE N 02° 42' 00" W, along with the east line of said 5.630 acre tract, a distance of
250.48 feet to an iron rod set in the southwesterly R.O.W. line oC aforesaid Pearland
Parkway marking the northerly corner of the herein described tract and the southerly
corner of a certain called 0.115 acre tract conveyed to the City of Pearland recorded in
B.C.C.F. No. 2002-016842, said corner also being at a point on a curve to the right;
THENCE in a Southeasterly direction, along with the southwesterly R.O.W. line of said
Pearland Parkway and the northeasterly line of the herein described tract, along with the
arc of said curve to the right having a radius of 1,002.00 feet, an arc length of 176.84 feet,
a central angle of 10° 06' 43" and a chord bearing and distance of S 56° 4T 32" E-
176.61 feet to the POWT OF BEGINNWG containing 0.4218 acre of land.
EDiLBERTO V. BARRIEN"1'OS
Professional Land Surveyor, No. 5364
September 09, 2008
Job No. Oft-10284
Page 2 of 2
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Memorandum ,\ • ,tz,
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To: Darrin Coker
TEX AS
CC:
From: Narciso Lira
Date: 1/21/2009
Re: Pearland Parkway-Scott Property Access Requirements
I was approached by Mr. Scott and his architect back in April of 2008 to discuss potential
access to his site. They had previously provided an exhibit illustrating two access points for
his property with one on Pearland Parkway and the second one located on McHard Road.
Location of the property is not ideal for multiple access points along the frontage of the
property. Attached is an exhibit provided to us for review regarding potential access
driveways. We initially requested that Mr. Scott approach Pearland ISD to discuss the
potential of obtaining an access easement from the school district's property which is
immediately adjacent to the western property line of the Scott property. I received email
correspondence from Mr. Holland with PISD indicating that due to site constraints it would
not be in the best interest of the school district to allow access to Mr. Scott. After further
review of Mr. Scott's request,we determined that we would potentially allow Driveway No.
1 as depicted in the exhibit provided to us by Mr. Scott. This access point would function as
a right-in/right-out driveway without any median openings to eliminate any cross traffic
movement conflicts with traffic merging from Pearland Parkway onto McHard Road. Please
note that the exact location of the driveway will not be reviewed and approved until a Traffic
Impact Analysis has been submitted for the development. We recommend that the driveway
be located adjacent to the property's western property line to allow more distance between
the driveway and the McHard Road/Pearland Parkway lane merger.,Please let me know if
you have any additional question or require any additional information.
Thank you,
Narciso Lira III, P.E.
City Engineer
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