Ord. 0822 09-22-97ORDINANCE NO. 822
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING THE RESOLUTION OF THE PEARLAND ECONOMIC
DEVELOPMENT CORPORATION DETERMINING PUBLIC CONVENIENCE
AND NECESSITY FOR A PUBLIC PROJECT TO CONSTRUCT, OPERATE,
AND MAINTAIN A MAJOR THOROUGHFARE BETWEEN MYKAWA AND
STATE HIGHWAY 35 (MAIN STREET) INCLUDING BUT NOT LIMITED TO
AN OVERPASS OVER BURLINGTON NORTHERN SANTA FE RAILROAD
("BNSF RAILROAD") AND HICKORY SLOUGH WHICH AUTHORIZES THE
PEDC STAFF AND OTHER CITY OFFICIALS, OR THEIR DESIGNEES, TO
TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE FEE SIMPLE
AND EASEMENT INTERESTS IN PROPERTY LOCATED WITHIN THE CITY
BY GRANT, DONATION, PURCHASE, OR BY THE EXERCISE OF THE
POWER OF EMINENT DOMAIN AND MAKES VARIOUS FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO PROVIDE THOROUGHFARES
INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY.
WHEREAS, the construction and maintenance of street and bridge
improvements is important to the economic growth and development of the City of
Pearland, Texas (the "City") and will benefit the City's residents by aiding the City's
efforts to encourage economic growth and development, stimulate commerce,
promote or develop new or expanded business enterprises, and enhance the health,
safety and welfare of the City's residents; and
WHEREAS, the City, by Ordinance No. R95-36 duly adopted on May 22, 1995,
authorized the creation of the Pearland Economic Development Corporation (the
"Corporation") to act on behalf of the City by receiving and expending sales tax
revenues for various projects, including the acquisition and construction of street and
bridge improvements (the "Project"), which promote or develop new or expanded
1
ORDINANCE NO. 822
business enterprises or which promote and encourage economic development,
employment and the public welfare; and
WHEREAS, on January 21, 1995, the voters of the City approved the levy of
a one-half of one percent sales and use tax to be used for the benefit of the
Corporation, including the Project; and
WHEREAS, on June 26, 1995, the Corporation was duly created, incorporated,
chartered and organized pursuant to Article 5190.6, Section 4B, Texas Revised Civil
Statutes (the "Act"); and
WHEREAS, pursuant to Subsection (j) of the Act, the Corporation is authorized
to exercise the power of eminent domain upon approval of the action by the City
Council; and
WHEREAS, the Corporation desires to acquire fee simple and easement interests
in property located within the City for the purpose of facilitating the Project; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. Findings and Determinations. It is hereby officially found and
determined that all of the facts recited in the preamble hereto are found and declared
to be true and correct and the preamble is incorporated into and made a part of this
Ordinance.
Section 2. That certain resolution of the Corporation, a copy of which is
attached hereto as Exhibit "A" and incorporated herein for all purposes, is hereby
authorized and approved.
2
ORDINANCE NO. 822
Section 3. Approval of Eminent Domain Action and Related Expenditures. That
the City Council hereby approves the resolution adopted by the Corporation for
acquisition of property to facilitate the Project and authorizes all necessary eminent
domain actions taken by the Corporation, its staff, other City officials, and their
designees, in accordance with state law related thereto, including but not limited to
all reasonable expenditures in excess of S 100,000.00, necessary to acquire interests
in property for said Project.
Section 4. Further Actions. The Mayor, City Secretary and other officials of
the City are hereby authorized, jointly and severally, to execute and deliver such
documents or papers necessary and advisable, and to take such actions as are
necessary to carry out the intent and purposes of this Ordinance.
Section 5. Declaration of Emergency. The Council finds and determines that
the need to provide thoroughfares inures to the benefit of the travelling public and,
therefore, bears directlyupon the health, safety and welfare of the citizenry; and that
this Ordinance shall be adopted as an emergency measure, and that the rule requiring
this Ordinance to be read on two (2) separate occasions be, and the same is hereby
waived.
Section 6. 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 7. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or
3
ORDINANCE NO. 822
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 8. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 9. Effective Date. This Ordinance shall be in full force and effect from
and upon adoption.
PASSED and APPROVED on First and Only Reading this the anoiday of
zern��RV , A.D., 1997.
ATTEST:
APPRED AS TO FORM:
OTES cCULLOUGH
CITY A TORNEY
i<,
TOM REID
MAYOR
4
EXHIBIT
nAtt
•
RESOLUTION
•
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PEARLAND
ECONOMIC DEVELOPMENT CORPORATION ("PEDC BOARD") OF
THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC
CONVENIENCE AND NECESSITY FOR A PUBLIC PROJECT TO
CONSTRUCT, OPERATE, AND MAINTAIN A MAJOR THOROUGHFARE
BETWEEN MYKAWA AND STATE HIGHWAY 35 (MAIN STREET)
INCLUDING BUT NOT LIMITED TO AN OVERPASS OVER
BURLINGTON NORTHERN SANTA FE RAILROAD ("BNSF
RAILROAD") AND HICKORY SLOUGH; AUTHORIZING THE PEDC
STAFF AND OTHER CITY OFFICIALS, OR THEIR DESIGNEES, TO
TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE FEE
SIMPLE AND EASEMENT INTERESTS IN PROPERTY, LOCATED
WITHIN THE CITY, BY GRANT, DONATION, PURCHASE, OR BY THE
EXERCISE OF THE POWER OF EMINENT DOMAIN; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Development Corporation Act of 1979, as amended, authorizes the
PEDC Board to exercise the power of eminent domain upon approval of the Pearland
City Council;
WHEREAS, the PEDC Board recognizes that public convenience and necessity exists
for the construction, operation, and maintenance of a major thoroughfare between Mykawa and
State Highway 35 (Main Street) including but not limited to an overpass over BNSF Railroad;
and
WHEREAS, accordingly, the PEDC Board hereby acknowledges that it is in the public's
best interest to acquire property located in the City for this public project to construct, operate,
and maintain a major thoroughfare between Mykawa and State Highway 35 (Main Street)
including but not limited to an overpass over BNSF Railroad; now, therefore,
1
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE PEARLAND ECONOMIC
DEVELOPMENT CORPORATION OF THE CITY OF PEARLAND, TEXAS:
Section 1. The PEDC Board hereby finds and determines that a public convenience and
necessity exists for the accomplishment of the public project to construct, operate, and maintain
a major thoroughfare between Mykawa and State Highway 35 (Main Street) including but not
limited to an overpass over BNSF Railroad, in Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition, by donation,
purchase, condemnation, or otherwise, of fee simple and easement interests in certain real
property located within the City and situated in Brazoria County, more particularly described
in Exhibit "A", attached hereto and incorporated herein for all purposes.
Section 3. The PEDC staff and other City officials, or their designees, are hereby
authorized and directed, on behalf of the PEDC Board to take such actions as are necessary to
acquire fee simple title and/or easement interests in the property, described in Exhibit "A", and
any improvements thereon, either by donation, purchase or the exercise of the power of eminent
domain.
Section 4. The PEDC Board, in accordance with its corporate bylaws, acknowledges
that the necessary acquisitions described herein may require an expenditure in excess of
$100,000.00 and therefore seeks prior approval of the same by the Pearland City Council.
PASSED, APPROVED, and ADOPTED this pi day of f� �y! , A. D.,
1997.
PRESIDENT
2
F'AUENBERGER
ATTEST:
dua..„41
SUSAN LENAMON
SECRETARY
APPR •ji ED AS TO FORM:
MITE McCUL OUGH
CITY A ORNEY
3
• TRACT 1
5.391 ACRES
JOHN WARD WILLIAMS
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELONOTE DESCRIPTION of a 5.391 tract of land in the R.B. Lyle Survey, Abstract
No. 542 and the H.T.& B.R.R. Co. Survey, Abstract No. 232 Brazoria County, Texas.
Said tract is a part of Lots 53 and 54 of the W. Zychlinski Subdivision as recorded in
Volume 29, Page 43 of the Brazoria County Deed Records and is further described as
being a part of a 53.38 acre tract described in a deed to John Ward Williams as
recorded in Volume 752, Page 405 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 found for comer at the point of intersection of the
west right-of-way line of State Highway No. 35 (based on a width of 100-feet) with the
common line between Lot 53 and Lot 44 of said Zychlinski Subdivision, said point being
the southeast comer of said John Ward Williams tract and the northeast comer of a
26.58 acre tract described in a deed to Montalbano Lumber Company as recorded in
Volume 1487, Page 688 of the Brazoria County Deed Records;
THENCE, North 02°45'20" West, along the west line of said State Highway No. 35 for a
distance of 388.80 to a 5/8-inch iron rod set for the POINT OF BEGINNING of the
herein described 5.391 acre tract;
THENCE, South 87.19'50" West, for a distance of 238.07 feet to a 5/8-inch iron rod set
for the point of curvature of a curve to the left:
THENCE, with said curve to the left having a radius of 2,040.00 feet, a central angle of
13°49'40% (chord bears South 80°25'00" West, 491.14 feet) for an arc distance of
492.33 feet to a 5/8-inch iron rod set for the point of compound curvature of a curve to
the left;
THENCE, with said curve to the left having a radius of 3,015.00 feet, a central angle of
09°19'20", (chord bears South 68°50'30' West 490.01 feet) for an arc distance of
490.56 feet to a 5/8-inch iron rod set for comer,
THENCE. South 16°29'19" East, for a distance of 181.41 feet to a 5/8-inch iron rod set
for comer in the common line between said Montalbano Lumber Company tract and
said John Ward Williams tract, same being the common line between Lots 54 and 49 of
said Zychlinski Subdivision;
THENCE, South 87°14'14" West, along the common line between said Lots 54 and 49
for a distance of 516.02 feet to a 5/8-inch iron rod set for corner in the southeasterly
line of a 6.0460 acre tract described in a deed to Brazoria County Drainage District No.
4 as recorded in File No. 95-033401 of the Brazoria County Official Records:
THENCE, North 52°24'51° East, along said southeasterly line for a distance of 655.64
feet to a 5/8-inch iron rod set for comer;
THENCE, North 79°12'47" East, leaving the southeasterly line of said 6.0460 acre tract
for a distance of 67.31 feet to a 5/8-inch iron rod set for the point of curvature of a
curve to the left;
THENCE, with said curve to the left having a radius of 2,115.00 feet, a central angle of
05°42'37°, (chord bears North 76°21'29° East, 210.70 feet) for an arc distance of
210.79 feet to a 5/8-inch iron rod set for the point of tangency;
THENCE, North 73°30'10° East, for a distance of 100.55 feet to a 5/8-inch iron rod set
for the point of curvature of a curve to the right;
THENCE, with said curve to the right having a radius of 2,160.00 feet, a central angle
of 13°49'40°, (chord bears North 80°25'00° East, 520.03 feet) for an arc distance of
521.29 feet to a 5/8-inch iron rod set for the point of tangency;
THENCE, North 87°19'50" East, for a distance of 237.89 feet to a 5/8-inch iron rod set
for comer in the aforementioned west right-of-way line of State Highway No. 35;
THENCE, South 02°45'20" East, along said right-of-way line for a distance of 120.00
feet to the POINT OF BEGINNING, containing a computed area of 5.391 acres
(234,817 square feet).
NOTE: The bearings shown hereon are based on City of Pearland monuments using
NAD 83 horizontal control.
Walsh Surveying, Inc.
2006 E. Broadway, S-105
Pearland, Texas, 77581
281-485-3991
Job No. 96-191
6 2i-97
oat -
Michael D. Wilson, R.P.L.S.
Registration No. 4821
MICHAEL D. WILsor
CVs 4821 ?*; et,
-tisua,
TRACT 2
0.537 ACRE
JOHN WARD WILLIAMS
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 0.537 acre tract of land in the H.T.B B.R.R. Co.
Survey, Abstract No. 232, Brazoria County, Texas. Said tract is a part of Lot 54 of the
W. Zychlinski Subdivision as recorded in Volume 29, Page 43 of the Brazoria County
Deed Records and is further described as being a part of a 53.38 acre tract described
in a deed to John Ward Williams as recorded in Volume 752, Page 405 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 found for comer at the point of intersection of the
west right-of-way line of State Highway No. 35 (based on a width of 100-feet) with the
common line between Lot 53 and Lot 44 of said W. Zychlinski Subdivision, said point
being the southeast comer of said John Ward Williams tract and the northeast comer
of a 26.58 acre tract described in a deed to Montalbano Lumber Company as recorded
in Volume 1487, Page 688 of the Brazoria County Deed Records;
THENCE, South 87°14'14' West, along the common line between said John Ward
Williams tract and Montalbano Lumber Company tract, same being the common line
between said Lots 53 and 44, and between Lots 54 and 49 of said Zychlinski
Subdivision for a distance of 1,815.28 to a point for comer in the east line of an
Atchison, Topeka and Santa Fe Railroad Company right-of-way ( based on a width of
100-feet) said point being the northwest comer of a 0.1268 acre tract described in a
deed to Brazoria County Drainage District No. 4 as recorded in File No. 95-033402 of
the Brazoria County Official Records;
THENCE, North 16'29'19" West, along the east line of said Atchison, Topeka and
Santa Fe Railroad Company right-of-way for a distance of 68.20 feet to a 1/2-inch iron
rod found for the POINT OF BEGINNING of the herein described tract, said point being
the northwesterly comer a 6.0460 acre tract described in a deed to Brazoria County
Drainage District No. 4 as recorded in Film Code No. 95-033401, Brazoria County
Official Records;
THENCE, North 16°29'19" West, continuing along the east Tine of said Atchison,
Topeka and Santa Fe Railroad Company right-of-way for a distance of 113.82 feet to a
5/8-inch iron rod set for the northwest comer of the herein described tract;
THENCE, North 73'30'10" East, for a distance of 352 96 feet to a 5/8-inch iron rod set
for the northeast comer of the herein described tract, said point being in the
northwesterly line of the aforementioned 6.0460 Brazona County Drainage District No.
4 tract;
THENCE, South 52°24'51" West, along said northwesterly line for a distance of 316.46
feet to a 1/2-inch iron rod found for the southeasterly corner of the herein described
tract;
THENCE, South 73°33'00" West, continuing along the northwesterly line of said 6.0460
acre tract for a distance of 57.71 feet to the POINT OF BEGINNING. containing a
computed area of 0.537 of an acre (23,379 square feet).
NOTE: The bearings shown hereon are based on City of Pearland monuments using
NAD 83 horizontal control.
Walsh Surveying, Inc.
2006 E. Broadway, S-105
Pearland, Texas, 77581
281-485-3991
Job No. 96-191
8- 21-97
ichael D. ilson, R.P.L.S.
Registration No. 4821
TRACT 3
3.578 ACRES
FRANK E. FOSTER
STATE OF TEXAS §
COUNTY OF HARRIS §
FIELDNOTE DESCRIPTION of a 3.578 acre tract of land in the H.T. & B.R.R. Co.
Survey, Abstract No. 232 in Brazoria County, Texas. Said tract is a part of Lots 50 and
55, of the W. Zychlinski Subdivision as recorded in Volume 29, Page 43 of the Brazoria
County Deed Records and is further described as being a part of a 28.82 acre tract
described in a deed to Frank E. Foster as recorded in Volume 817, Page 671 of the
Brazoria County Deed Records and is more particularly described by metes and
bounds as follows:
BEGINNING at a 5/8-inch iron rod set at the point of intersection of a line that is 65-feet
north of and parallel to the centerline of Hickory Slough and the east right-of-way line of
Mykawa Road (County Road 112, based on a width of 100-feet), said point bears
South 02°38'49" East, 211.11 feet and North 87°21'11" East, 50.00 feet from the
northwest comer of said Lot 50;
THENCE, North 02'38'49" West, along the easterly line of Mykawa Road for a distance
of 271.89 to a 5/8-inch iron rod set for the northwest comer of the herein described
tract;
THENCE, North 87°18'16" East, leaving said right-of-way line for a distance of 37.40
feet to a 5/8-inch iron rod set for the point of curvature of a curve to the left;
THENCE, along said curve to the left having a radius of 515.00 feet, a central angle of
22°26'28" (chord bears North76°05'02" East, 200.42 feet) for a arc distance of 201.71
feet to a 5/8-inch iron rod set for the point of tangency;
THENCE, North 64°51'48" East, for a distance of 366.98 feet to a 5/8-inch iron rod set
for an angle point in the north line of the herein described tract;
THENCE, North 73°30'10" East, for a distance of 64.18 feet to a 5/8-inch iron rod set
for the northeast comer of the herein described tract, said comer being in the westerly
line of a Atchison Topeka and Santa Fe Railroad right of way (based on a with of 100-
feet);
THENCE, South 16°29'19" East, along the westerly line of said railroad right-of-way for
a distance of 219.89 feet to a 5/8"-inch iron rod set for the southeast comer of the
herein descnbed tract. said point being 65-feet north of the centerline of Hickory
Slough:
THENCE, South 67°08'16" West, 65•feet north of and parallel of the centerline of
Hickory Slough for a distance of 733.11 to the POINT OF BEGINNING, containing a
computed area of 3.578 acres (155,847 square feet)
NOTE: The bearings shown hereon are based on City of Pearland monuments usirig
NAD 83 horizontal control.
Walsh Surveying, Inc.
2006 E. Broadway, S-105
Pearland, Texas, 77581
281-485-3991
Job No. 96-191
0-21-q-7
Michael'D Wilson, R.P.L.S.
Registration No. 4821
15-FOOT WIDE UTILITY EASEMENT
0.230 ACRES '
FRANK E. FOSTER
STATE OF TEXAS §
COUNTY OF HARRIS §
FIELDNOTE DESCRIPTION of a 15-foot wide Utility Easement in the H.T. & B.R.R.
Company Survey, Abstract No. 232 in Brazoria County, Texas. Said Easement is a
part of Lot 55 of the W. Zychlinski Subdivision as recorded in Volume 29, Page 43 of
the Brazoria County Deed Records and is further described as being a part of a 28.82
acre tract described in a deed to Frank E. Foster as recorded in Volume 817, Page 671
of the Brazoria County Deed Records and is more particularly described by metes and
bounds as follows:
BEGINNING at a 5/8-inch iron rod found at the point of intersection of the east right-of-
way line of Mykawa Road (based on a width of 100-feet) with the northerly line of a
proposed 3.578 acre right-of-way tract, said point bears North 02°38'49" West, 60.73
feet and North 87°21'11" East, 50.00 feet from the southeast comer of said Lot 55;
THENCE, North 02°38'49" West, along the west right-of-way line of Mykawa Road for a
distance of 15.00 feet to a the northwesterly comer of the herein described easement;
THENCE, North 87°18'16" East, 15-feet north of and parallel to the northerly line of
said proposed 3.578 acre right -of- way for a distance of 37.39 feet to the point of
curvature of a curve to the left;
THENCE, continuing 15-feet north of and concentric to said right of way line and with
said curve to the left having a radius of 500.00 feet, a central angle of 22°26'28", (chord
bears North 76°05'02" East, 194.59 feet) for an arc distance of 195.83 feet to the point
of tangency;
THENCE, North 64°51'484 East, continuing15.00-feet north of and parallel to said right
of way line for a distance of 368.11 feet to an angle point;
THENCE, North 73630'10" East, 15-feet north of and parallel to said right of way line for
a distance of 65.32-feet to a point for the northeast comer of the herein described
easement, said point being in the west right-of-way line of the Atchison Topeka and
Santa Fe Railroad (based on a width of 100-feet);
THENCE, South 16°29'19" East, along the west right-of-way line of said railroad for a
distance of 15.00 feet to a 5/8-inch iron rod found for the southeast comer of the herein
described easement, same being the northeast corner of the aforementioned 3.578
acre proposed right-of-way;
THENCE. South 73'30'10" West, leaving the west line of said railroad nght-of-way and
along the northerly line of said proposed 3.578 acre right-of-way tract for a distance of
64 18 feet to a 5/8-inch iron rod found for an angle point.
THENCE, South 64°51'48" West, continuing along said northerly right of way line for a
distance of 366.98 feet to a 5/8-inch iron rod found for the point of curvature of a curve
to the right;
THENCE, continuing along said right-of-way line and with said curve to the right having
a radius of 515.00 feet, a central angel of 22°26'28", (chord bears South 76°05'02"
West, 200.42 feet) for an arc distance of 201.71 feet to a 5/8-inch iron rod found for the
point of tangency;
THENCE, South 87°18'16- West, continuingl5-feet north of and parallel to said right-
of-way line for a distance of 37.40 feet to the POINT OF BEGINNING, containing a
computed area of 0.230 of an acre (10,027 square feet).
NOTE: The bearings shown hereon are based on City of Pearland monuments using
NAD 83 horizontal control.
Walsh Surveying, Inc. iniD Wit
2006 E. Broadway, S-105 Michael D. Wilson, R.P.L.S.
Pearland, Texas, 77581 Registration No. 4821
281-485-3991
JobNo.96-191 S-2.1-97
15-FOOT WIDE UTILITY EASEMENT
0.387 ACRE
JOHN WARD WILLIAMS
STATE OF TEXAS §
COUNTY OF HARRIS §
FIELDNOTE DESCRIPTION of a 15-foot wide Utility Easement in the R.B. Lyle
Survey, Abstract No. 542 and the H.T. & B.R.R. Co. Survey, Abstract No. 232, Brazoria
County, Texas. Said easement is a part of Lot 53 and Lot 54 of the W. Zychlinski
Subdivision, as recorded in Volume 29, Page 43 of the Brazona County Deed Records
and is further described as being a part of a 53.38 acre tract described in a deed to
John Ward Williams as recorded in Volume 752, Page 405 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 found at the point of intersection of the west right-
of-way line of State Highway 35 (based on a width of 100-feet) with the common line
between Lot 53 and Lot 44 of said Zychlinski Subdivision, said point being the
southeast comer of said John Ward Williams tract and the northeast comer of a 26.58
acre tract described in a deed to Montalbano Lumber Company as recorded in Volume
1486, Page 688 of the Brazoria County Deed Records;
THENCE, North 02°45'20° West, along the west line of said State Highway No. 35 for a
distance of 508.80 feet to a 5/8-inch iron rod found for the POINT OF BEGINNING of
the herein described tract, said point being the northeast comer of a proposed 5.391
acre right-of-way tract;
THENCE, South 87°19'50" West, along said proposed northerly right of way line for a
distance of 237.89 feet to a 5/8-inch iron rod found for the point of curvature of a curve
to the left;
THENCE, continuing along said right of way Tine and with said curve to the left having a
radius of 2160.00 feet, a central angle of 13°49'40°, (chord bears South 80°25'00'
West, 520.03 feet) for an arc distance of 521.29 feet to a 5/8-inch iron rod found for the
point of tangency;
THENCE, South 73°30'10" West, continuing along said right-of-way line for a distance
of 100.55 feet to the point of curvature of a curve to the right;
THENCE, continuing along said right of way line and with said curve to the right having
a radius of 2115.00 feet, a central angle of 05°42'37", (chord bears South 76°21'29"
West, 210.70 feet) for an arc distance of 210.79 feet to a 5/8-inch iron rod found for the
point of tangency;
THENCE. South 79°12'47" West, continuing along said nght-of-way line for a distance
of 67 31-feet to a 5/8-inch iron rod found for the southwesterly comer of the herein
descnbed easement, said point being in the southeasterly right of way line of a 6 0460
acre tract described in a deed to Brazona County Drainage Distnct No 4 as recorded
in Film Code No. 95-033401 of the Brazona County Official Records.
THENCE, North 52°24'51" East, along the southeasterly line of said Drainage District
tract for a distance of 33.27 feet to a point for the northwesterly comer of the herein
described easement;
THENCE, North 79°12'47" East, 15-feet north of and parallel to the aforementioned
proposed northwesterly right of way line, for a distance of 37.61 feet to the point of
curvature of a curve to the right;
THENCE, continuing 15-feet north of and concentric to said right of way line, with said
curve to the right having a radius of 2100.00 feet, a central angle of 05°42'37", (chord
bears North 76°21'29" East, 209.20 feet) for an arc distance of 209.29 feet to the point
of tangency;
THENCE, North 73°30'10" East, continuing 15-feet north -of and parallel to said right-of-
way line for a distance of 100.55 feet to the point of curvature of a curve to the right;
THENCE, continuing 15-feet north of and concentric to said right-of-way line and with
said curve having a radius of 2175.00 feet, a central angle of 13°49'40", (chord bears
North 80°25'00" East, 523.64 feet) for an arc distance of 524.91 feet to the point of
tangency;
THENCE, North 87°19'50' East, 15-feet north of and parallel to said right-of-way line for
a distance of 237.87 feet to a point for comer in the aforementioned west right-of-way
line of State Highway No. 35, same being the northeast comer of the herein described
easement;
THENCE, South 02°45'20" East, with the west right-of-way line of said State Highway
No. 35 for a distance of 15.00 feet to the POINT OF BEGINNING, containing a
computed area of 0.387 of an acre (16,860 square feet).
NOTE: The bearings shown hereon are based on City of Pearland monuments using
NAD 83 horizontal control.
Walsh Surveying, Inc.
2006 E. Broadway, S-105
Pearland, Texas, 77581
281-485-3991
Job No. 96-191
„ Dud/
ichael D. ilson, R.P.L.S.
Registration No. 4821
15-FOOT WIDE UTILITY EASEMENT
0.419 ACRE
JOHN WARD WILLIAMS
STATE OF TEXAS §
COUNTY OF HARRIS §
FIELDNOTE DESCRIPTION of a 15-foot wide Utility Easement in the R.B. Lyle
Survey, Abstract No. 542 and the H.T. & B.R.R. Co. Survey, Abstract No. 232, Brazoria
County, Texas. Said easement is part of Lots 53 and 54 of the W. Zychlinski
Subdivision as recorded in Volume 29, Page 43 of the Brazoria County Deed Records
and is further described as being a part of a 53.38 acre tract described in a deed to
John Ward Williams as recorded in Volume 752, Page 405 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 found at the point of intersection of the west right-
of-way line of State Highway No. 35 (based on a width of 100-feet) with the common
line between Lot 53 and Lot 44 of said Zychlinski Subdivision, said point being the
southeast corner of said John Ward Williams tract and the northeast comer of a 26.58
acre tract described in a deed to Montalbano Lumber Company as recorded in Volume
1487, Page 688 of the Brazoria County Deed Records;
THENCE, North 02°45'20" West, along the west line of said State Highway No. 35 for a
distance of 373.80 to the POINT OF BEGINNING of the herein described easement;
THENCE, South 87°19'50" West, 15-feet south of and parallel to the south line of a
proposed 5.391 acre right of way line for a distance of 238.09 feet to the point of
curvature of a curve to the left;
THENCE, continuing 15-feet south of and concentric to said proposed right of way line
and with said curve to the left having a radius of 2025.00 feet, a central angle of
13°49'40", (chord bears South 80°25'00° West, 487.53 feet) for an arc distance of
488.71 feet to the point of compound curvature of a curve to the left;
THENCE, continuing 15-feet south of and concentric to said nght of way line and with
said compound -curvature to the left having a radius of 3000.00 feet, a central angle of
09°22'10", (chord bears South 68°49'05" West, 490.03 feet) for an arc distance of
490.85 feet to a point for the southwest comer of the herein described tract, said point
being in the most southerly east line of the aforementioned 5.391 acre right-of-way
tract;
THENCE. North 16°29'19" West, along the most southerly east line of said 5.391 acre
tract for a distance of 15.20 feet to a 5/8-inch iron rod found for the point of curvature of
a curve to the nght. same being the northwesterly comer of the herein described tract,
THENCE, along the southerly line of said 5.391 acre tract and with said curve to the
right having a radius of 3015.00 feet, a central angle of 09°19'20", (chord bears North
68°50'30" East, 490.01 feet) for an arc distance of 490.56 feet to a 5/8-inch iron rod
found for the point of compound -curvature to the right;
THENCE, continuing along said southerly right-of-way line and with said compound
curve to the right having a radius of 2040.00 feet, a central angel of 13°49'40",(chord
bears North 80°25'00" East, 491.14 feet) for an arc distance of 492.33 feet to a 5/8-
inch iron rod found for the point of tangency;
THENCE, North 87°19'S0" East, continuing along said southerly right-of-way line for a
distance of 238.07 feet to a 5/8-inch iron rod found for comer in the aforementioned
west right-of-way line of State Highway No.35;
THENCE, South 02°45'20" East, along said westerly right-of-way line for a distance of
15.00 feet to the POINT OF BEGINNING, containing a computed area of 0.419 of an
acre (18,288 square feet).
NOTE: The bearings shown hereon are based on City of Pearland monuments using
NAD 83 horizontal control.
Walsh Surveying, Inc.
2006 E. Broadway, S-105
Pearland, Texas, 77581
281-485-3991
Job No. 96-191
6-21-q7
a
Michael D. Wilson, R. .L S.
Registration No. 4821