Ord. 0455 06-13-83ORDINANCE NO. 455
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
SALE OF CERTAIN PUBLIC PROPERTY WITHIN THE CITY PURSUANT TO
SECTION 2 OF ARTICLE 5421C-12, VERNONS ANNOTATED CIVIL
STATUTES OF TEXAS, AS AMENDED; PROVIDING FOR THE CONSIDERATION
TO BE PAID FOR SAID PROPERTY; PROVIDING A SAVINGS AND
SEVERABILITY CLAUSE; AND CONTAINING OTHER PROVISIONS RELATING
TO THE SUBJECT.
WHEREAS, the First United Methodist Church of Pearland
has heretofore petitioned the City Council for authority
purchase a portion of an alley easement lying between Lots 1
through 8 and lots 41 through 48, in Block 11, Pearland Townsite,
for the purpose of enlarging its church facilities; and
WHEREAS, the First United Methodist Church presently
owns all the property abutting theeasement sought to be purchased;
and
WHEREAS, after investigation, the City Council has
determined that the property sought to be purchased is not an
integral part of the utility or roadway systems of the City of
Pearland; and
WHEREAS, the City Council has heretofore determined
that the subject property may be purchased by the abutting property
owner, for a fair market value, as provided in Sections 2(a)(b)
and 4 of Article 5421c-12, V.A.C.S. of Texas, as amended; and
WHEREAS, the City Council has determined a fair market
value of said land by appraisal submitted by George L. Reed,
Associates, Inc.; and
WHEREAS, the First United Methodist Church of Pearland
has consented to pay the appraised value of said property, and
further to pay all costs incurred in the relocation of existing
utility lines and the cost of legal transfer; and
WHEREAS, the City Council has determined that this sale
and purchase would be in the best interest of the citizens of the
City of Pearland, NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
SECTION I
The City Council hereby finds and determines that the
facts and recitations contained in the preamble of this ordinance
are true and correct.
SECTION II
Subject to the payment of all consideration herein
expressed, the City Council hereby agrees to sell and convey unto
the First United Methodist Church of Pearland, Texas, a 4,000.
square foot tract of land being the 20 foot alley lying between
Lots 1 through 8 and Lots 47 through 48, in Block 11, of the
Pearland Townsite,; Brazoria County, Texas, more particularly
described by metes and bounds in Exhibit"A" attached hereto and
made a part hereof for all purposes.
SECTION III
The total cash consideration for this sale payable to
The City of Pearland, Texas, by the First United Methodist Church
of Pearland, Texas, shall be as follows:
1. The sum of FOUR HUNDRED AND NO/100 DOLLARS ($400.00),
being the fair market value of said property provided in appraisal
attached hereto as Exhibit "B" and made a part hereof for. all
purposes; and
2. The sum of TWO HUNDRED AND NO/100 DOLLARS ($200.00) for
the cost of appraisal submitted by George L. Reed, Associates,
Inc.; and
3. The sum of FIVE HUNDRED AND NO/100 DOLLARS ($500.00),
representing relocation costs of service lines within said ease-
ment; and
4. The sum of ONE HUNDRED AND NO/100 DOLLARS ($100.00), as
fee for the preparation of all transfer documents.
SECTION IV
Subject to the payment of all consideration herein
expressed, the City Council hereby directs and authorizes the Mayor
and City Secretary to execute the original Deed conveying said
property to the First United Methodist Church of Pearland, as the
act and deed of the City, a true copy of said Deed being attached
hereto as Exhibit "C" and made a part hereof for all purposes.
SECTION V
If any section, paragraph, clause, or sentence shall be
declared void or unenforceable or unconstitutional, it is hereby
declared the intention of the City Council of The City of Pearland,
Texas, that the remainder of such ordinance shall remain in full
force and effect.
SECTION VI
This ordinance shall be effective and in full force
on its passage and approval on second and final reading.
PASSED AND APPROVED ON FIRST READING this 53 day of
1983.
CITY OF PEARLAND, TEXAS
ATTEST:'.,
�DOROTHY COO
City Secret
By:
A4‘44:,/eAtit
RLS R. MACK, Mayor Pro Tem
AND APPROVED ON SECOND AND FINAL READING this
, 1983.
CITY OF PEA ND, TEXA
F•O HY C(
City Secret
y
APPROVED AS TO FORM:
IAMS,
Cit £r torney
ALKER L. TREESI.i
Registered Public Surveyor
P.O. Box 1297
Pearland.Texas 77581
713-485-5191
FIELD. NOTE DESCRIPTION OF A 4,000.00 SQUARE FOOT TRACT OF LAND
BEING THE 20 FOOT ALLEY LYING BETWEEN LOTS 1 THROUGH 8 AND LOTS
41 THROUGH 48, IN BLOCK 11, PEARLAND TOWNSITE, BRAZORIA COUNTY,
TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME
2, PAGE 17 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS:
BEGINNING at a 1" Iran pipe in concrete at the
pipe also being in the south right of way line
THENCE N 897,58' 40" E along the south right
distance of-20.00 feet'to-a 5/8 inch iron rod
,ner'of Lot 48;;
THENCE South along the west line of Lots 48 through 41, a
feet to an "X" chipped in a concrete walk at the southwest
:THENCE S 897 58' 40" W-a distance of
at the southeast corner of Lot 8;
THENCE. North along the east line of Lots 8 through 1, a distance of 200.00
feet'"to the PLACE OF_BEGINNING and containing 4,000.00 square feet of land.
northeast corner of Lot 1, said
of Jasmine Street;
of way line of Jasmine Street, a
in concrete at the northwest cor-
distance of 200.00
corner of Lot 41;
20.00 feet to a 1".1ron pipe in concrete
/ / ,Sd-/
Walker L. Trcesh
Registered Public Surveyor No. 1895
GEORGE L. REED, RE TOR®
_ 3219 FONDREN
HOUSTON, TEXAS 77063
(713) 780-3054, 782-1378
April 22, 1983
Ms. Barbara Lenamon,
Assessor, Collector
City Hall, 2337 N. Texas Ave.
Pearland, Texas 77581
Dear Ms. Lenamon:
In accordance with your request I have inspected and
appraised the following described property;
Alleyway adjacent to Lots 1 through 8 and
Lots 30 through 48, Block 11, City of
Pearland Townsite, Brazoria County, Texas
A total area of 9,500 Sq.Ft.
The subject is 20 feet wide and 475 feet in length
running south from Jasmine St. midway between Houston
Avenue and Grand Avenue. This right-of-way is now
being used as a landscaped Church yard and a location
for a gas distribution line.
In order to conform to the legal requirements relating
to eminent domain and/or sale of public properly the
subject must be appraised in terms of "Fair Market
Value". Market Value being defined as that price a
willing buyer will pay a willing seller neither
buyer nor seller being under any compulsion act.
The normal three approaches to value have been
considered in this appraisement but neither the Cost,
Market or income appear to be strictly applicable.
If the subject tract were to be offered for sale on the
open market a prudent buyer would recognize that the
tax and maintainance costs would probably exceed the
economic potential. It is a unique situation where -in
the adjacent property owner is the only logical
prospect to buy. If the said adjacent property owner
was a tax paying entity, the acquisition would become
an adjunct to their ownership. This would increase the
value of their whole tract by a rate per unit equal to
the unit value of the whole before the acquisition.
The tax base would therefore be increased proportion-
-ately.
EXHIBIT "B", PAGE 1
It ismy opinion that the alleyway has a nominal value
in the amount of 525.00 to each adjacent lot or a unit
of 100 per square foot. The total amount when applied
to the 9,500 Sq.Ft. is;
Nine hundred fifty dollars,
(5950.00)
If anythiryfurther is required in this matter please
feel free to call upon us at once.
Sincerely,
George L. Reed,.SRA, CRA.
EXHIBIT "B", PAGE 2
WARRANTY DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA §
THAT THE CITY OF PEARLAND, TEXAS, a Texas Home -Rule
Corporation, of the Counties of Brazoria and Harris, in the
State of Texas, hereinafter called "Grantor," for and in
consideration of the sum of TEN AND NO/100 DOLLARS ($10.00)
and other valuable consideration (cash) to the undersigned
paid by the Grantee herein named, the receipt of which is
hereby acknowledged, has GRANTED, SOLD AND CONVEYED, and by
these presents does GRANT, SELL AND CONVEY unto FIRST UNITED
METHODIST CHURCH OF PEARLAND, herein called "Grantee", of
the County of Brazoria and State of Texas, all of its right,
title and interest in and to the following described real
property situated in Brazoria, County, Texas, to -wit:
Field note description of a 4,000.00 square foot tract
of land being the 20 foot alley lying between Lots 1
through 8 and Lots 41 through 48, in Block 11, Pearland
Townsite, Brazoria County, Texas, according to the map
or plat thereof recorded in Volume 2, Page 17 of the
Plat Records of Brazoria County, Texas.
BEGINNING at a 1" iron pipe, in concrete at the northeast
corner of Lot 1, said pipe also being in the south right
of way line of Jasmine Street;
THENCE N 89° 58' 40" E, along the south right of way
line of Jasmine Street, a distance of 20.00 feet to a
5/8 inch iron rod in concrete at the northwest corner of
Lot 48;
THENCE South along the west line of Lots 48 through 41,
a distance of 200.00 feet to an "X" chipped in concrete
walk at the southwest corner of Lot 41;
THENCE S 89° 58' 40" W, a distance of 20.00 feet to a 1"
iron pipe in concrete at the southeast corner of Lot 8;
THENCE North along
distance of 200.00
containing 4,000.00
the east line of Lots 8 through 1, a
feet to the PLACE OF BEGINNING and
square feet of land.
SAVE AND EXCEPT, this conveyance is made and accepted
subject to any and all conditions, restrictions, reser-
vations, covenants, and easements, if any, relating
to the hereinabove described property, to the extent,
and only to the extent that the same may still be in
force and effect, shown of record in the County Clerk's
Office of Brazoria County, Texas.
EXHIBIT "C", PAGE 1
TO HAVE AND TO HOLD the above described premises,
together with all and singular the rights and appurtenances
thereto in anywise belonging unto the said Grantee, its
successors and assigns forever; and it does hereby bind itself,
its successors and assigns, to WARRANT and FOREVER DEFEND
all and singular the said premises unto the said Grantee,
its successors and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof.
Current ad valorem taxes on said property having
been prorated, the payment thereof is assumed by Grantee.
EXECUTED this day of , A.D. 1983.
GRANTOR:
THE CITY OF PEARLAND, TEXAS
ATTEST: By:
DOROTHY GOOK, City Secretary
Thomas J. Reid, Mayor
THE STATE OF TEXAS
COUNTY OF BRAZORIA §
BEFORE ME, the undersigned authority, on this day
personally appeared THOMAS J. REID and DOROTHY COOK,. Mayor
and City Secretary for the City of Pearland, Texas, respec-
tively, known to me to be the persons whose names are sub-
scribed to the foregoing instrument, and acknowledged to
me that they executed the same for the purposes and consider-
ation therein expressed, in the capacity therein stated, and
as the act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the
day of , A.D. 1983.
Notary Public, State of Texas
ADDRESS OF GRANTEE:
First United Methodist Church
of Pearland
EXHIBIT "C", PAGE 2
t
s
mt
at
as
WARRANT Y DEED
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
THAT THE CITY OF PEARLAND, TEXAS, a Texas Home -Rule
Corporation, of the Counties of Brazoria and
Harris, in the
"Grantor," for and in
State of Texas, hereinafter called L0.00)
Consideration of the sum of TEN AND
NO/100 DOLLARSi$
to the undersigned
and other valuable consideration (the) receipt of which is
paid by the Grantee herein named,
ANTED SOLD AND coNVEEED, and by
hereby acknowledged, has GRANTED,
these presents does GRANT, SELL AND CONVEY unto FIRST UNITED
METHODIST CHURCH OF PEARLAND, herein called
"Grantee", of
the County of Brazoria and State of Texas, all of its right,
-title and interest in and to the following. described real
property situated in Brazoria,
County, Texas, to -wit:
Yield note description of a 4,000.00 square foot tract
of land being the 20 foot alley lying betweenLotsLots1
through 8 and Lots 41 through 48, in Block 11, p
eatland
Townsite, Brazoria County, Texas, according to 17toe map
or plat thereof recorded in Volume 2, Texas. g
e the
Plat Records of Brazoria County,
BEGINNING at a 1" iron pipe in concrete at the northeast
- corner of Lot 1, said pipe. also being in the south right
of way line of Jasmine Street;
THENCE N 89° 58' 40" E, along the south right of way
line -of . Jasmine Street, a distance of 20.00 feet to a
_5/8 inch iron rod in concrete at the northwest corner of
Lot 48;
THENCE South along the west line of Lots 48 thed throughr41,
a distance of 200.00 feet to an
walk at the southwest corner of Lot 41
fe
t
THENCE p 89n concreteat the southeast
58' 40" ��tDcornereoft
irono a 1"
Lot 8;
pipe
THENCE North along the east line of Lots 8 through 1, a
distance of 200.00 feet to the PLACE OF BEGINNING and
containing 4,000.00 square feet of land.
s
e and
SAVE AND EXCEPT,
Tand this
all co di ance ions,lre tri tons, reser-
subject to any easements, if any, relating
vations, covenants, and ro ert to the extent,
andtothe hetoi the °extent that the psame may still be in
only
force and effect, ,shown of record in the County Clerk's
Office of Brazoria County, Texas.
KNOW ALL MEN BY THESE PRESENTS:
TO HAVE AND TO HOLD the above described premises,
together with all and singular the rights and appurtenances
thereto in anywise belonging unto the said Grantee, its
successors and assigns forever; and it does hereby bind itself,
its successors and assigns, to WARRANT and FOREVER DEFEND
all and. singular the said premises unto the. said Grantee,
its successors and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof..
Current ad valorem taxes on said property having
been prorated, the payment thereof is assumed by Grantee.
EXECUTED this J day of L, A.D. 1983.
GRANTOR:
THE STATE OF TEXAS
COUNTY OF BRAZORIA
Secretary
§
BEFORE ME, the undersigned authority, on this day
personally appeared THOMAS J. REID and DOROTHY COOK, Mayor.
and City Secretary for the City of Pearland, Texas, respec-
tively, known to me to be the persons whose names are sub-
scribed to the foregoing instrument, and acknowledged to
me that they executed the same for the purposes and consider-
ation therein expressed, in the capacity therein stated, and
as the act and deed of said corporation.
t'(3y1 GIVEN UNDE MY HAND AND SEAL OF OFFICE on this the
.J { day of sir , A.D. 1983.
Notarublic, � f 7za7i��'a�
Sta;e o Texas
ADD'REsS OF GRANTEE:
First United Methodist Church
of Pearland
BARBARA J. LENAMON
Notary Public in and for Brazorie County, Texas
My Commission Expires 21-2L 19A