Ord. 0886 12-14-98ORDINANCE NO. 886
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 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, Randall L. Patro and Deanna M. Patro own a 0.985 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 0.4298 acre tract described in Exhibit "A" directly abuts the
0.985 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,
provided it is done in an equitable manner and the land is used for City rights -of -way
or easements; now, therefore,
1
ORDINANCE NO. 886
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 r°- day of
fl ovtrvdko r , A. D., 19"Ig .
ETAR
2
TOM REID
MAYOR
ORDINANCE NO. 886
PASSED and APPROVED ON SECOND AND FINAL READING this the l day
of bees() b-er , A. D., 19%.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
3
TOM REID
MAYOR
98-36128
EXHIBIT
I A
A 0.4298 ACRE TRACT OUT OF THE H. T. & B. RR. CO. SURVEY, SECTION
14, ABSTRACT 509, BRAZORIA COUNTY, TEXAS, AND ALSO BEING OUT OF
A 80 ACRE TRACT AS RECORDED IN VOLUME 403, PAGE 511, BRAZORIA
COUNTY DEED RECORDS:
BEGINNING AT A 5/8" IRON WHICH BEARS SOUTH 166.80 FEET AND WEST
30.00 FEET FROM THE NORTHEAST CORNER OF SAID 80 ACRE TRACT;
THENCE WEST, ALONG A COMMON LINE WITH A 103.353 ACRE TRACT AS
SURVEYED BY MICHAEL D. WILSON (R.P.L.S NO. 4821) ON 7/23/98 FOR
STATEWIDE TITLE CO. (GF# 00125), AND A 0.985 ACRE TRACT AS
RECORDED IN VOLUME 1666, PAGE 587, BRAZORIA COUNTY DEED RECORDS,
A DISTANCE OF 249.60 FEET TO A 5/8" IRON ROD FOUND AT THE SOUTH-
WEST CORNER OF SAID 0.985 ACRE TRACT;
THENCE S 58° 59' 45" E 291.20 FEET TO A 1/2" IRON ROD SET FOR
CORNER;
THENCE NORTH 150.00 FEET TO THE POINT OF BEGINNING AND CONTAINING
18,720 SQUARE FEET OR 0.4298 ACRE OF LAND.
4,‘ ,AeLe
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MAP OR PLAT RECORDED IN
COUNTY RECORDS.
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EXHIBIT
FIELD NOTE DESCRIPTION
PARCEL 1
BEING A 25' ROAD WIDENING STRIP, SOUTH OF AND ADJACENT TO THE
EXISTING 60' MAGNOLIA BLVD., BEING OUT OF THE CITY OF PEARLAND
SOUTH WEST ENVIRONMENTAL CENTER TRACT, AND BEING A PART OF A 0.985
ACRE TRACT DESCRIBED AS TRACT II, IN A DEED RECORDED IN VOLUME
1666, PAGE 587, B. C. D. R., SITUATED IN SECTION 13, OF THE H. T.
& B. RAILROAD COMPANY SURVEY, ABSTRACT 240 AND SECTION 14 OF THE H.
T. & B. RAILROAD COMPANY SURVEY, ABSTRACT 509, BRAZORIA COUNTY,
TEXAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT A 5/8" IRON ROD FOUND IN THE SOUTH LINE OF SAID MAGNOLIA
BLVD., MARKING THE NORTHWEST CORNER OF AFORESAID TRACT II, AND
NORTHWEST CORNER OF HEREIN DESCRIBED TRACT, THENCE S. 54`38'00" E.
WITH THE SOUTH LINE OF MAGNOLIA BLVD. A DISTANCE OF 99.40' TO A
5/8" IRON ROD FOUND AT THE BEGINNING OF A CURVE TO THE LEFT HAVING
A RADIUS OF 343.65', FOR CORNER.
THENCE ALONG SAID CURVE TO THE LEFT THRU A CENTRAL ANGLE OF
26656'20", A CHORD BEARING AND DISTANCE OF S. 68606'11" E., 160.09'
TO A 5/8" IRON ROD FOUND AT THE BEGINNING OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 20.00', FOR CORNER.
THENCE ALONG SAID CURVE TO THE RIGHT THRU A CENTRAL ANGLE OF
89658'58", A CHORD BEARING AND DISTANCE OF S. 45`00'00" E., 28.28'
TO A 5/8" IRON ROD FOUND AT THE END OF SAID CURVE FOR CORNER.
THENCE S. 00°00'00" E. WITH THE EAST LINE OF AFORESAID TRACT
II, A DISTANCE OF 7.46' TO 5/8' IRON ROD SET MARKING THE SOUTHEAST
CORNER OF HEREIN DESCRIBED TRACT, BEING ON A CURVE CONCAVE TO THE
NORTH, HAVING A RADIUS OF 368.65'.
THENCE ALONG SAID CURVE TO THE RIGHT THRU A CENTRAL ANGLE OF
30638'29", A CHORD BEARING AND DISTANCE OF N. 69°57'15" W., 194.81'
TO A 5/8" IRON ROD SET AT THE END OF SAID CURVE, FOR CORNER.
THENCE N. 54`38'00" W. A DISTANCE OF 81.65' TO A 5/8" IRON ROD
SET IN THE WEST LINE OF AFORESAID TRACT II, FOR CORNER.
THENCE N. 00600'00" W. WITH THE WEST LINE OF AFORESAID TRACT
II A DISTANCE OF 30.66' TO THE POINT OF BEGINNING OF HEREIN
DESCRIBED TRACT. CONTAINING 0.1593 ACRE OR 6,938.8 SQ. FT. OF LAND.
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