Ord. 0544 10-12-87ORDINANCE NO. 544
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DECLARING THE PUBLIC NECESSITY FOR ACQUISITION OF ADDITIONAL
RIGHT-OF-WAY IN CONNECTION WITH THE IMPROVEMENT OF F.M. 518 IN
THE CITY; DECLARING AN EMERGENCY DUE TO THE IMPENDING DATES OF
BID LETTING AND CONSTRUCTION; AND 'HAVING OTHER PROVISIONS
RELATING TO THE SUBJECT.
WHEREAS, the State of Texas has very recently forwarded to the
City revised field notes in connection with their plans for the F.M.
518 widening project from Westminister Street east to the Galveston
County line, which field notes indicate the need for acquisition of
additional right-of-way, over and above the right-of-way previously
obtained by the State and the City, and in excess of the 100' right-
of-way discussed in Ordinance No. 533, passed by City Council, which
additional right-of-way must be obtained prior to the impending
January, 1988 planned date of bid lotting on this project by the
State;
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, Texas,
does hereby declare that an urgent public necessity exists for the
acquisition of additional real property and rights -of -way for the F.M.
518 improvement and widening project, such real property and rights -
of -way being more particularly described by metes and bounds in the
attached Exhibits "A," "B," "C" and "D," made a part hereof by
reference for all intents and purposes, and being also described by
illustration in the attached Exhibits "AA," "BB," "CC" and "DD," also
made a part hereof by reference for all intents and purposes.
Section 2. That the City Staff is hereby authorized to take any
and all steps, including the filing of eminent domain and other legal
causes of action necessary, to obtain rights of possession and
user in and upon said tracts, for the useand benefit of the State of
Texas and the City of Pearland, in connection with the F.M. 518
project.
1
letting and construction in
that the City of Pearland,
present unobstructed
to that date.
Section 3. That an emergency exists requiring that the rule
requiring reading on two separate occasions at regular meetings of the
City Council be suspended,
immediately from and after
emergency ordinance, due
and that this Ordinance shall take effect
its passage on first and only reading as an
to the fact that the State of Texas has
scheduled the F.M. 518 improvement and widening project for bid
January, 1988and further due to the fact
pursuant to agreement with the State, must
right-of-way to the State for such project prior
PASSED and APPROVED on first and only required reading as an
emergency ordinance pursuant to Section 3.10 of the City Charter on
this the 12th day of October, A. D., 1987. (�
ATTEST:
City S cretary
APPROVED AS TO FORM:
At orney
Mayor
2
October, 1987
Page 1 of 2 Pages
EXHIBIT A Page 1 of 2 Pages
County: Brazoria
Highway: F.M. 518
Project Limits: Exist. S.H. 35 to 0.2 mile N.W.
of Galveston County Line
Control No. 976-02
Field Notes for Parcel 1
All that certain tract or parcel containing 0.716 acre (31,206
square feet) of land, more or less, in the W.D.C. Hall League,
A-70, Brazoria County, Texas and beinga part of Lot 2 of O.W.
Willets Subdivision as recorded in Volume 3, Page 65 Plat Records
of Brazoria County, Texas and also being a part of that certain
tract called 4.7908 acres conveyed from Ted Joslyn to George
W. Vaughn, III by an instrument of record in Volume 195, Page
518 of the Official Public Records of Real Property of Brazoria
County, Texas; said 0.716 acre tract being more particularly
described by metes and bounds as follows (all bearings referenced
to the Texas Coordinate System, South Central Zone):
Commencing for reference at a 1-1/4 inch iron pipe (found) on
the northerly line of Lot 2 and on the southerly line of Lot
3 of said 0.W. Willets Subdivision, said point being an angle
point in the southerly line of that certain tract conveyed from
Houston Citizen's Bank and Trust Company to Metro Financial
Corp. by an instrument,of record in Volume 1144, Page 380 Deed
Records, Brazoria County, Texas:
THENCE SOUTH 48°13'51" East with the common line between said
Lot 2 and said Lot 3 and with the southerly line of said Metro
Financial Corp. tract, at 32.18 feet pass the most northerly
northeast corner of the aforesaid 4.7908 acre tract and continuing
with the common line between said Lot 2 and Lot 3 and with the
common line between said 4.7908 acre tract and said Metro Financial
Corp. tract in all a distance of 362.00 feet to the PLACE OF
BEGINNING of the herein described tract on the northerly line
of the proposed right-of-way for Farm to Market Road Number
518 (F.M. No. 518):
1.) THENCE SOUTH 48°13'51" East, 20.60 feet with the common
line between said Lot 2 and Lot 3 and the common line between
said 4.7908 acre tract and the Metro Financial Corp. tract to
a point for corner on the northerly line of the existing right-of-way
of F.M. No. 518, 100 feet wide, said point being North 48°13'51"
West, 4.53 feet -from a 1-1/4 inch iron pipe (found);
EXHIBIT AA
July, 1986
Page 1 of 2 Pages
3
EXHIBIT B Page 1 of 3 Pages
County: Brazoria
Highway: F.M. 518
Project Limits: Exist. S.H. 35 to 0.2 mile N.W. of Galveston
County Line
Control No. 976-02
Field Notes For Parcel 3
All that certain tract or parcel containing 0.001 acre (34 square
feet) of land, more or less, in the W.D.C. Hall League, A-70,
Brazoria County, Texas and being part of Lot 25 of 0. W. Willets
Subdivision as recorded in Volume 3, Page 65, Plat Records of
Brazoria County, Texas and being a part of that certain tract
called 2.23 acres conveyed from Vincent Lopez to Elias De La
Cruz, et ux, by an instrument of record in Volume 1451 Page 144
Deed Records of Brazoria County, Texas (B.C.D.R.); said 0.001
acre tract being more particularly described by metes and bounds
as follows (all bearings referenced to the Texas Coordinate
System South Central Zone):
Commencing for reference at a 3/4 inch iron pipe (found) at a
fence corner marking the most easterly corner of said 2.23 acre
tract and the most northerly corner of that certain tract called
10 acres conveyed from Vincent Lopez to Edwin K. Mills by an
instrument of record in Volume 791, Page 426 (B.C.M..R.), said
point being on the northerly line of the said Lot 25, 0. W.
Willets Subdivison;
THENCE NORTH 48°18'40" West, along a fence, with the northerly
line of said Lot 25 and with the northerly line of said 2.23 acre
tract, at 398.12 feet pass a 1/2 inch iron rod (found) and
continuing in all a distance of 400.62 feet to the PLACE OF
BEGINNING of the herein described tract on the existing southerly
right-of-way line of Farm to Market Road Number 518 (F.M. No.
518), 100 feet wide;
1.) THENCE, departing the northerly line of saidLot25, and the
northerly line of said 2.23 acre tract, South 83 59 16 West,
60.59 feet along the proposed southerly right-of-way line of Farm
to Market No. 518 to a point for corner in a southerly line of
said 2.23 acre tract and a northerly line of the residue of that
certain tract called 20 acres conveyed from 0. W. Willets, et ux,
to Vincent M. Lopez, et ux, by an instrument of record in Volume
385, Page 343 B.C.D.R, said point being North 6°41'26" East, 1.01
feet from a 1/2 inch iron rod (found) and North 6°41'26" East,
16.29 feet from a 1/2 inch iron rod (found) marking an angle
point in the southerly line of said 2.23 acre tract;
EXHIBIT B PAGE 3 OF 3 Pages
Elias De La Cruz
Parcel 3
Area 114 108 113 114
From
From
From
Point
Point
Point
114 To Point
108 To Point
113 To Point
List 114, 108, 113
114 N 642486.8381
108 N 642480.4914
113 N 642481.6306
AREA CALCULATION
108 S 83° 59' 16" W
113 N 6° 41' 26" E
114 N 85° 03' 00" E
Square feet
Acres
E 3195486.3135
E 3195426.0534
E 3195426.1870
Dist
Dist
Dist
= 60.5934
= 1.1470
60.3516
33.8990
0.0008
EXHIBIT BB
N 06°41'26" W 1.15' EXIST. R.O.W.
�5°03100" E 60.35'
_� \\ S 83° 59'16" W. 60.59
`PROP. R.O.W.
PROP. RA:
I"= 50'
INSET
1" = 10'
PARCEL NO.
f
P.0.B. PARCEL ®
X = 3,195,486.31
Y= 642,486.84
ALL BEARINGS BASED ON THE TEXAS
COORDINATE SYSTEM SOUTH CENTRAL
ZONE
EXISTING
TAKING
REMAINING
' 2.237 AC.1 0.001 AC.' 2.236 AC. 1
RIGHT OF' WAY SKETCH
SHOWING PROPERTY OF
ELIAS DE La CRUZ, et ux♦
F.M. 518 BRAZORIA COUNTY
WALSH ENGINEER I NG, INC. SEPT., 1986
SCALE: AS NOTED
July, 1986
Page 1 of 2( Pages
3
EXHIBIT C Page 1 of 3 Pages
County: Brazoria
Highway: F.M. 518
Project Limits: Exist. S.H. 35 to 0.2 mile N.W. of Galveston
County Line
Control No. 976-02
Field Notes For Parcel 4
All that certain tract or parcel containing 0.014 acre (588
square feet) of land, more or less, in the W.D.C. Hall League,
A-70, Brazoria County, Texas and being a part of Lot 25 of Q.W.
Willets Subdivision as recorded in Volume 3, Page 65, Plat
Records of Brazoria County, Texas and also being a part of the
residue of that certain tract called 20 acres conveyed from 0. W.
Willets, et ux, to Vincent M. Lopez, et ux, by an instrument of
record in Volume 385, Page 343, Deed Records of Brazoria County,
Texas (B.C.D.R.); said 0.014 acre tract being more particularly
described by metes and bounds as follows (all bearings referenced
to the Texas Coordinate System South Central Zone):
Commencing for reference at a 5/8 inch iron rod (found) marking a
southerly corner of the residue of said 20 acre tract and the
southerly corner of that certain tract called 0.165 acre conveyed
from Vincent M. Lopez, et ux, to Mary De La Cruz by an instrument
of record in Volume 1053, Page 844 B.C.D.R.;
THENCE NORTH 4°12'32" West, 146.39 feet with the common line
between said tracts to the PLACE OF BEGINNING of the herein
described tract on the proposed southerly right-of-way line of
Farm to Market Road Number 518 (F.M. No. 518);
1.) THENCE NORTH 4°12'32" West, with the common line between said
tracts at 4.37 feet pass a 5/8 inch iron rod (found) and
continuing along said common line for distance in all of 4.96
feet to a point for corner on the existing southerly right-of-
way line of said F.M. No. 518, 100 feet wide, and on the arc of a
curve;
2.) THENCE 25.49 feet along the arc of a curve to the left
(Delta=0°44'43", Radius=1959.86 feet, Chord=North 85 25 21" East,
25.49 feet) and with the existing southerly right-of-way line of
F.M. No. 518 to a point for corner at the end of said curve;
3.) THENCE NORTH 85°03'00" East, 172.85 feet with said existing
southerly right-of-way line to a point for corner, the common
EXHIBIT C PAGE 3 OF 3 PAGES
Vincent Lopez
Parcel 4
Area 107 112 - 121 122
AREA CALCULATION
113 108 107
From Point 107 To Point 112
From Point 112 To Point 122
From
From
From
List
107
112
121
122
113
108
Point
Point
Point
107
N
N
N
N
N
N
122
113
108
To Point 113
To Point 108
To Point 107
N 4° 12'.. 31" W Dist =
Delta A L
Arc
Tan
Rad
Ch N 85°25'21" E Dist
N 85° 03' 00" E Dist =
S 6° 41' 26" W Dist =
S 83° 59' 16" W Dist =
Square feet
Acres
112, 121, 122, 113, 108
642459.7311 E 3195228.9391
642464.6819 E 3195228.5748
644419.2653 E 3195084.8734
642466.7161 E 3195253.9829
642481.6306 E 3195426.1870
642480.4914 E 3195426.0534
4.9642
0° 44' 43"
25.4897
12.7450
1959.8600
= 25.4895
172.8488
1.1470
198.2045
588.1150
0.0135
EXHIBIT CC
p= 0°44' 43"
R= 1959.861
L= 25.49'
0.591
N 04°12'32" W
l\ 4.96'
FNO. 1/72 I.R.
P.O.B.®
0
X=3,195,228.94
Y= 642,459.73
1"= 50'
N 85°03' 00" E 172.85'
s 83°59'16"W 198.20'
INSET
e=40'
ALL BEARINGS BASED ON ,THE TEXAS -
COORDINATE SYSTEM SOUTH CENTRAL.
ZONE
PARCEL, NO.
1.138
i'
EXIST. R.O.W.
\N06. 41' 26"E7
1.151
.WC PROP. R.O.W.
AC.' 0.014 AC.' I.120...... AG'
RIGHT OF WAY .SKETCH
SHOWING. PROPERTY OF
VINCENT M. LOPEZ, et us
F.M.318 BRAZORIA. COUNTY
WALSH ENGINEERING, INC. SEPT., 1986
SCALE : AS NOTED
July, 1986
Page 1 of 2 Pages
3
EXHIBIT D Page 1 of 3 Pages
County: Brazoria
Highway: F.M. 518
Project Limits: Exist. S.H. 35 to 0.2 mile N.W. of Galveston
County Line
Control No. 976-02
Field Notes For Parcel 5
All that certain tract or parcel containing 0.009 acre (374
square feet) of land, more or less, in the W.D.C. Hall League,
A-70, Brazoria County, Texas and being a part of Lot 25 of 0. W.
Willets Subdivison as recorded in Volume 3, Page 65 Plat Records
of Brazoria County, Texas and also being a part of that certain
tract called 0.165 acre conveyed from Vincent M. Lopez to Mary De
La Cruz by an instrument of record in Volume 1053 Page 844 Deed
Records of Brazoria County, Texas (B.C.D.R.); said 0.009 acre
tract being more particularly described by metes and bounds as
follows (all bearings referenced to the Texas Coordinate System
South Central Zone):
Commencing for reference at a 5/8 inch iron rod (found) marking
the southerly corner of said 0.165 acre tract and a southerly
corner of the residue of that certain tract called 20 acres
conveyed from 0. W. Willets, et ux, tp Vincent M. Lopez, et ux,
6y an instrument of record in Volume 385, Page 343 (B.C.D.R.);
THENCE NORTH 4°12'32" West, 146.39 feet with the common line
between said tracts to the PLACE OF BEGINNING of the herein
described tract on the proposed southerly right-of-way line of
Farm to Market Road Number 518 (F.M. No. 518);
1.) THENCE SOUTH 83°59'16" West, 60.09 feet with said proposed
right-of-way line to a point for corner on the westerly line of
the aforesaid 0.165 acre tract and on the easterly line of that
certain tract called 6.581 acres conveyed from Santiago Perez
Bermea, et al, to Santiago Perez Cuellar, et al, by an instrument
of record in Volume 70, Page 111 of the Official Public Records
of Real Property, Brazoria County, Texas;
2.) THENCE NORTH 4°17'48" West with the common line between said
tracts at 6.50 feet pass a 3/4 inch iron pipe (found) and
continuing with said common line a distance in all of 7.78 feet
to a point for corner on the existing southerly right-of-way line
of F.M. No. 518, 100 feet wide, and on the arc of a curve;
3.) THENCE 60.08 feet along the arc of a curve to the left
EXHIBIT D PAGE 3 OF 3 Pages
Mary De La Cruz
Parcel 5
Area
From
From
From
107 106 111 -
Point
Point
Point
107
106
111
To
To
To
AREA CALCULATION
121 112 107
Point
Point
Point
106
111
112
From Point 112 To Point 107
List 107, 106, 111, 121, 112
107 N 642459.7311 E
106 N 642453.4371 E
111 N 642461.1956 E
121 N 644419.2653 E
112 N 642464.6819 E
S 83° 59''' 16" W Dist =
N 4° 17'' 48" W Dist =
Delta A L
Arc
Tan
Rad
Ch N 86°40'24" E Dist
S 4° 12' 32" E Dist =
Square feet
Acres
3195228.9391
3195169.1794
3195168.5965
3195084.8734
3195228.5748
60.0903
7.7804
1° 45' 23"
60.0819
30.0433
1959.8600
= 60.0795
4.9642
373.5428
0.0086
EXHIBIT OD
EXIST. R.O.W.
I.28'
S 04•17'48"E
7.78'
PROP. R.O.W.
1"= 50'
0=1•45'23"
R 1959.86'
l= 60.08'
INSET
1"= 20'
FND. 5/8" 1.R.
S 04° 12' 32"E
4.96'
.0.8. TRACT ®
X= 3,195, 228.94
Y= 642,459.73
EXIST. R.OI37 z_ ;
^-ALL BEARINGSBASED ON THE TEXAS
COORDINATE SYSTEM SOUTH CENTRAL.
PROP. R.O.W. ZONE
PARCEL NO
FRAME
NOUSE
EXISTING
TAKING
REMAINING
0.166 AC.
0.009 - AC.
0.157
C.
RIGHT OF WAY SKETCH
SHOWING PROPERTY 'OF
MARY DE Lo CRUZ
F.M. 518 - BRAZORIA- COUNTY
WALSH ENGINEERING, INC. SEPT., 1986
SCALE: AS NOTED