Ord. 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.
PASSED and APPROVED ON FIRST READING this the /�`' day of
De&em�e� , A. D., 19 C�?.
2
cT
TOM REID
MAYOR
ORDINANCE NO. 890
ATTEST:
PASSED and"APPROVED ON SECOND AND FINAL READING this the c? I day
of ��>Cj�ern _Y , A. D., 1966 .
ATTEST:
UNG IN
C Y S RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
3
TOM REID
MAYOR
EXHIBIT
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"
for the southeast comer of
THENCE, South 89°35'17"
for the southwest comer of
THENCE, North 00°07'07"
Veteran's Drive for a distan
computed area of 0.404 of
November 12, 1998
Walsh Surveying, Inc.
2006 E. Broadway, S-105
Pearland, Texas, 77581
281-485-3991
Job No. 98-103
East, for a distance of 50.00 feet to a 5/8-inch iron rod set
the herein described tract;
West, for a distance of 352.51 feet to a 5/8-inch iron rod set
the herein described tract;
East, 15-feet east of and parallel to the east line of
ce of 50.00 feet to the POINT OF BEGINNING, containing a
an acre (17,596 square feet).
Michael'D. Wilson, R.P.L.S.
Registration No. 4821
THE BEN
EXHIBIT
„ (cam„
00 o so 100
VETERAN'S DRIVE (A.K.A. PEARL
N 00'07'07" E.
s ooro7'o7' W'
N 89'52'53" W
15.00'
SET 5/8"
IRON ROD
1 inch = 100 tt
IE BEARINGS SHOWN HEREON ARE BASED ON THE
TRACT 6 ;ED RECORDED IN BRAZORIA COUNTY CLERK'S
0.233 ACRE .E NO. 96-020723.
10,126 SQ. MED RESEARCH WAS PROVIDED BY ABSTRACT
RMCES IN ANGLETON TEXAS.
LOT 4 BLK 2
CITY OF PEARLAND
FEBRUARY 26, 1985
FC # 85108 545
B.C.D.R.
27 ACRES
AL
cO EIGNMWARSI POST 7109
G'\ 1131 PG. 305
0�'�% �0"B.C.D.R.
PO oJC 1J
\\' os,,_ No ,o\off �.
Q
IOW TRACTS 6 AND 7
G.M.W.
M.D.W.
This survey substantially complies
current Texas Society of Professio
Surveyors Standards and Specificai
a Category 1A, Condition IV Surve$1ONAL LAND SURVEYORS
ROADWAY PEARLAND, TEXAS
-3991 FAX (281) 485-3998
fl
SURVEYING INC.
DATE 3/30/98
JOB NO.
98-103
CAD FILE
98-103F
DWN J.G.V.
Michael D. Wilson R.P.L.S. _ARLAND, TEXAS
Texas Registration No. 4821
CKD M.D.W.
TRACTS ON VETERANS DRIVE
((- ICI 18 3) 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 §
EXHIBIT
I „ C„
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-(1-98
af-A)10 ujl�s
chael D. Wilson, R.P.L.S. �+L
Registration No. 4821
THE E
VETERAN'S DRIVE (A.K.A. f
1 inch
100 ft
too
LOT 4 BLK
C
TY OF
FEIBR ARY 26 DEDSINOBR HEREON ARE
FC # 851 OS �O20723. A2ORIq COUNTYASE BASED
N THE
B.C.D.RRCH s.
WAS PRO CLERK'S
ANGLETON T.E. ADED BY ABSTRACT
AuRVe
This survey substar<D L LAND SUR we
current Texas Soci91 PEARL SURVEYORS
—3998
Surveyors Standar FAX (281) 485 TEXAS
a Category 1A, CRL
AC/it 7RqC
BRg2oRA CUNT,, TTEX TERANS sCAS ALE
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