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Ord. 0729 1996-05-13ORDINANCE NO. 729 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DESIGNATING AND COMMITTING PORTIONS OF REAL PROPERTY ACQUIRED OR TO BE ACQUIRED IN FEE OR BY EASEMENT FOR PURPOSES OF CONSTRUCTING AND MAINTAINING PUBLIC RIGHTS -OF -WAY, DRAINAGE IMPROVEMENTS, AND BRIDGES WITHIN THE CITY UPON DIXIE FARM ROAD IN THE VICINITY OF CLEAR CREEK, UPON JOHN LIZER IN THE VICINITY OF MARY'S CREEK, AND UPON VETERANS DRIVE IN THE VICINITY OF MARY'S CREEK, IN COOPERATION WITH THE TEXAS DEPARTMENT OF TRANSPORTA- TION; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the need exists for constructing and maintaining public right-of-way bridges and appurtenances within the City; and WHEREAS, the City has entered into an agreement with the Texas Department of Transportation to share the expense of providing these improvements: and WHEREAS, the Texas Department of Transportation requests that the City commit portions of real property within the City for these purposes; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City, in cooperation with the Texas Department of Transportation, will construct and maintain public rights -of -way, drainage improvements, and bridges within the City upon Dixie Farm Road in the vicinity of Clear Creek, upon John Lizer in the vicinity of Mary's Creek, and upon Veteran's Drive in the vicinity of Mary's Creek. Section 2. That real property has been acquired or is to be acquired in fee or by easement for purposes of said construction and maintenance. 1 ORDINANCE NO. 729 Section 3. That portions of the subject parcels, described in Exhibits "A", "B", and "C", attached hereto and made a part hereof for all purposes, are hereby designated and committed for purposes of constructing and maintaining public rights - of -way, drainage improvements, and bridges within the City as described herein. Section 4. 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 5. 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 6. Effective Date. This ordinance shall become effective upon passage and approval of its second reading. PASSED and APPROVED ON FIRST READING this the Oa- day of , A. D., 1996. TOM REID MAYOR ORDINANCE NO. 729 ATTEST: LANDA C. B NITEZ CITY SECRETARY PASSED and APPROVED ON SECOND AND FINAL READING this the /10 day ATTEST: , A. D., 1996. NDA C. BENITEZ CITY SECRETARY APPROVED AS TO FORM: MY •TES McCULLOUGH CITY ' TTORNEY 3 TOM REID MAYOR February 7, 1995 Parcel 1 Page 1 of 2 Exhibit A Page 1 of 15 Pages County: Brazoria Highway: Dixie Farm Road Project Limits: At Clear Creek CSJ: 0912-71 FIELD NOTES FOR PARCEL NO. 1 Being 0.001 of one acre (57 square feet) of land, more or less, located in the W.D.C. Hall League, Abstract No. 70, Brazoria County, Texas and being out of Lot 64 of the George W. Jenkins Subdivision, a subdivision of record in Volume 79, Page 616 of the Deed Records of Brazoria County, (B.C.D.R.), Texas and more particularly being out of and a part of a 0.329 acre tract, said 0.329 acre tract being a part of that called 16.6658 acre tract conveyed to Greenwood Developments, Inc. from W.F. Mitchell, Trustee, by instrument of record dated October 11, 1994 and recorded under Brazoria County Clerk's File Number 94- 037120 of the Official Records of Brazoria County (B.C.O.R.), Texas; said 0.001 of one acre (57 square feet) parcel being more particularly described by metes and bounds as follows: COMMENCING for reference at a 5/8-inch iron rod found marking an easterly comer of said 16.6658 acre tract, on the westerly line of that certain 5.9448 acre easement conveyed to the City of Peadand, Texas from South Corridor One, Ltd., by instrument of record dated December 10, 1976 and recorded in Volume 1324, Page 710 of the Deed Records of Brazoria County, (B.C.D.R.) Texas and also being at the end of a curve in the existing westerly right-of-way line of Dixie Farm Road; thence as follows: North 59° 34' 27" East along the common line of said 16.6658 acre tract and said 5.9448 acre easement, and with the existing westerly right-of-way line of Dixie Farm Road, a distance of 410.74 feet to a 5/8-inch iron rod with TxDOT aluminum disk set at the intersection of said common line and the proposed westerly right-of-way line of Dixie Farm Road and the POINT OF BEGINNING, having surface coordinates of X = 47,057.50, Y = 17,203_95; 1) THENCE, NORTH 56° 53' 18" East along the proposed westerly right-of-way line of Dixie Farm Road, a distance of 49.09 feet to a 5/8-inch iron rod set for corner on the northerly line of said 16.6658 acre tract, same being on the southerly line of the residue of that 34.9875 acre tract, described as Tract No. 1, conveyed to Clear Creek Properties, Ltd., from Curtis J. Torno by instrument of record dated August 9, 1973 and recorded in Volume 1175, Page 933 of the B.C.D.R. and under Harris County Clerks File Number J622452, Film Code Number 089-93-1533 of the -Official Public Records of Real Property of Harris County (H.C.O.P.R.O.R.P.), Texas, from John A_ DeVoke, February 7, 1995 Parcel 1 Page 2 of 2 Exhibit A Page 2 of 15 Pages Jr., Trustee, by instrument of record dated August 9, 1973 and recorded in Volume 1175, Page 942 of the B.C.D.R. and under Harris County Clerk's File Number D952552, Film Code Number 166-26- 0839 of the H.C.O.P.R.O.R.P. and from William R. Coffey by instrument of record dated April-20, 1984 and recorded under Harris County Clerk's File Number J622454, Film Code Number 089-93- 1544 of the H.C.O.P.R.O.R.P., and also being on the common line of Lot 64 and Lot 63 of the said George W. Jenkins Subdivision; 2) THENCE, SOUTH 44° 26' 57' East, along the common line of said 16.6658 acre tract and said residue of 34.9875 acre tract, same being the common line of said Lot 64 and Lot 63, a distance of 2.37 feet to a point for comer, the most northerly comer of the said City of Pearland 5.9448 acre easement, same being the most easterly comer of said 16.6658 acre tract and on the existing westerly right-of-way line of Dixie Farm Road; 3) THENCE, SOUTH 59° 34' 27" West, along the common line of said 16.6658 acre tract and said 5.9948 acre easement, and with the existing westerly right-of-way line of Dixie Farm Road, a distance of 49.61 feet to the POINT OF BEGINNING and containing 0.001 of one acre (57 square feet) of land, more or less. BEARINGS ARE BASED ON THE EASTERLY UNE OF THAT CERTAIN 5.9448 ACRE EASEMENT (DIXIE FARM ROAD) CONVEYED TO THE CITY OF PEARLAND BY INSTRUMENT OF RECORD IN VOLUME 1324, PAGE 710 B.C.D.R, COORDINATES ARE ASSUMED. February 7, 1995 Parcel 2 Page 1 of 2 Exhibit A Page 3 County: Brazoria Highway: Dixie Farm Road Project Limits: At Clear Creek CSJ: 0912-71 of 15 Pages FIELD NOTES FOR PARCEL NO. 2 Being 0.550 of one acre (23,975 square feet) of land, more or less, located in the Perry and Austin League, Abstract No. 111, and the W.D.C. Hall League, Abstract No. 70, Brazoria County, Texas and being out of Longwood Park, a subdivision of record in Volume 9, Page 143 and Page 144 of the Map Records of Brazoria County (B.C.M.R.), Texas and more particularly being out of and a part of "Acreage Reserve" as shown on said Longwood Park conveyed to the City of Pearland, Texas from Paul D. Long, Trustee, by instrument of record dated July 10, 1964 and recorded in Volume 895, Page 906 of the Deed Records of Brazoria County (B.C.D.R.), Texas; said 0.550 of one acre (23,975 square feet) parcel being more particularly described by metes and bounds as follows; COMMENCING for reference at a 5/8 inch iron rod found marking the most westerly comer of said 'Acreage Reserve", being in the easterly line of that certain 11.4496 acre tract conveyed to Partricia L Casey and Irving Feig from South Corridor One, Ltd., by instrument of record dated December 17, 1993 and recorded under Brazoria County Clerk's File Number 93-046942 of the Official Records of Brazoria County (B.C.O.R.), Texas; thence as follows: North 44° 51' 04" East, along the common line of said "Acreage Reserve" and the easterly line of said 11.4496 acre tract, a distance of 33.17 feet to a 5/8 inch iron rod with TxDOT aluminum disk set marking the most northerly corner of said 11.4496 acre tract, same being an angle point on the easterly line of that certain 5.9448 acre easement conveyed to the City of Pearland Texas from South Corridor One, Ltd., by instrument of record dated December 10, 1976 and recorded in Volume 1324, Page 710 of the B.C.D.R., on the existing easterly right-of-way line of Dixie Farm Road, and the POINT OF BEGINNING having surface coordinates of x= 46,965.12, y=17,010.53: February 7, 1995 Parcel 2 Page 2 of 3 Exhibit A Page 4 of i5 Pages 1) THENCE, NORTH 44° 51' 04" East, along the common line of said "Acreage Reserve" and 5.9448 acre easement tract, and with the existing easterly right-of-way line of Dixie Farm Road, at a distance of 249.53 feet pass the northeasterly corner of said 5.9448 acre easement, and -the common line between Lot 64 and Lot 63 of George W. Jenkins Subdivision, a subdivision of record in Volume 79, Page 616, B.C.D.R. and continuing with the westerly line of said City of Pearland "Acreage Reserve" in all a distance of 427.91 feet to a point for corner, the most northerly comer of said City of Pearland "Acreage Reserve", in the center line of Clear Creek and on the Brazoria- Harris County line; 2) THENCE, SOUTH 44° 23' 30" East, with the common line of said City of Pearland "Acreage Reserve', the centerline of Clear Creek and the Brazoria-Harris County line, at 33.49 feet pass the common line between the W.D.C. Hall League, Abstract No. 70, and the Perry and Austin League, Abstract No. 111, and the southwesterly comer of that certain 60.0 foot wide road easement conveyed to the City of Peariand, Texas from James A. Wood and wife Doris, by instrument of record dated January 18, 1978 and recorded under Harris County Clerks File Number F451297, File Code Number 185-13- 2295 of the Official Public Records of Real Property of Harris County (H.C.O.P.R.O.R.P.), Texas, at 93.49 feet pass the southeasterly corner of said City of Pearland easement, same being the southwesterly comer of that certain 5.0482 acre tract conveyed to the Harris County Flood Control District from James A. Wood and wife Dods, described as Parcel 2-A, by instrument of record dated June 28, 1985 and recorded under Harris County aerk's File Number K159547, Film Code Number 023-69-1155 H.C.O.P.R.O.R.P. and continuing with the common line of said City of Pearland "Acreage Reserve", the centerline of Clear Creek, the Brazoria-Harris County line and the southerly line of said 5.0482 acre tract in all a distance of 112.07 feet to a point for corner on the proposed easterly right-of-way line of Dixie Farm Road; 3) THENCE, SOUTH 59° 34' 27" West, along the proposed easterly right-of-way line of Dixie Farm Road, at a distance of 263.30 feet pass a set 5/8-inch iron rod with a TxDOT aluminum disk and continuing along said proposed easterly right-of-way line in all a distance of 440.90 feet to the POINT OF BEGINNING and containing 0.550 of one acre (23,975 square feet) of land, more or less. Exhibit A Page of 15 Pages February 7, 1995 Parcel 2 Page 3 of 3 (Approximately 0.266 acre in the W.D.C. Hall League, Abstract No. 70, and 0.284 acre in the Perry and Austin League, Abstract No. 111) BEARINGS ARE BASED ON THE EASTERLY LINE OF THAT CERTAIN 5.9448 ACRE EASEMENT (DIXIE FARM ROAD) CONVEYED TO THE CITY OF PEARLAND BY INSTRUMENT OF RECORD IN VOLUME 1324, PAGE 710 B.C.D.R, COORDINATES ARE ASSUMED. qF Pt E� ERF4 JERRYA. DAVIS 1793 °/P•orFS9�0..$-.OQ' l ✓Q •�iJ ,lL-1 art February 7, 1995 Parcel 3 Page 1 of 3 Exhibit H Page 6 County: Brazoria and Harris Highway: Dixie Farm Road Project Limits: At Clear Creek CSJ: 0912-71 Pages FIELD NOTES FOR PARCEL NO. 3 Being 0.109 of one acre (4,730 square feet) of land, more or less located in the W.D.C. Hall League, Abstract No. 70, Brazoria County, Texas and Abstract No. 23, Harris County, Texas and being out of Lot 63 of the George W. Jenkins Subdivision, a subdivision of record in Volume 79, Page 616 of the Deed Records of Brazoria County, (B.C.D.R.), Texas and Volume 2, Page 52 of the Map Records of Harris County, (H.C.M.R.), Texas and more particularly being out of the residue of a 34.9875 acre tract, described as Tract No. 1, conveyed to Clear Creek Properties, Ltd., from Curtis J. Tomo by instrument of record dated August 9, 1973 and recorded in Volume 1175, Page 933 of the B.C.D.R. and under Harris County Clerks File Number J622452, Film Code Number 089-93-1533 of the Official Public Records of Real Property of Harris County (H.C.O.P.R.O.R.P.), Texas, from John A. DeVoke, Jr., Trustee by instrument of record dated August 9, 1973 and recorded in Volume 1175, Page 942 of the B.C.D.R. and under Harris County Clerk's File Number D952552, Film Code Number 166-26-0839 of the H.C.O.P.R.O.R.P. and from William R. Coffey by instrument of record dated April 20, 1984 and recorded under Harris County Clerk's File Number J622454, Film Code Number 089-93-1544 of the H.C.O.P.R.O.R.P.; said 0.109 of one acre (4,730 square feet) parcel being more particularly described by metes and bounds as follows: COMMENCING for reference at a 5/8-inch iron rod found marking the most easterly corner of said Lot 63 of the said George W. Jenkins Subdivision, same being on the common line of the said W.D.C. Hall League, Abstract Number 23, and the Perry and Austin League, Abstract Number 55, same being the most easterly corner of Tract No. 1 containing 34.9875 acres as described in said deeds, same being on the westerly line of the residue of a 73.2 acre tract described as Lot 58 of the Hoidale and Coffman Addition, a subdivision of record in Volume 3, Page 6 of the H.C.M.R. conveyed to James A. Wood and wife Doris, from Republic National Bank of Dallas, Trustee, dated December 13, 1977 and recorded under Harris County Clerks File Number F429798, Film Code Number 184-06-1513 of the H.C.O.P.R.O.R.P., same being on the westerly line of that certain 60 foot wide easement conveyed to the City of Pearland, Texas from James A. Wood and wife Doris, by instrument of record dated January 18, 1978 and recorded under Harris County Clerk's File Number F451297, Film Code Number 185-13-2295 of the H.C.O.P.R.O.R.P. and also being the most easterly comer of that certain 15.0605 acre tract, described as Parcel 3, conveyed to Harris County, Texas from Clear Creek Properties, Ltd., by instrument dated May 26, 1984 and recorded under Harris February 7, 1995 Parcel 3 Page 2 of 3 Exhibit A Page 7 of t5 Pages County Clerk's File Number J622451, Film Code Number 089-93-1520 of the H.C.O.P.R.O.R.P.; thence as follows: South 45° 33' 04" West along the common line of said 34.9875 acre Tract No. 1, said 15.0605 acre Parcel 3, said residue of 73.2 acre tract and the westerly line of said City of Pearland 60.0 foot wide easement, and with the existing westerly right-of-way line of Dixie Farm Road at 409.11 feet pass the northwesterly comer of that certain 29.4610 acre tract described as Parcel 1A conveyed to Harris County, Texas from James A. Wood and wife Doris, dated December 31 1984 and recorded under Harris County Clerk's File Number J908899, Film Code Number 007-77-2517 of the H.C.O.P.R.O.R.P. and continuing with said common lines in all a distance of 1328.94 feet to the southeasterly comer of said 15.0605 acre Parcel 3, same being the northeasterly comer of the residue of the aforesaid 34.9875 acre Tract No. 1 and the POINT OF BEGINNING having surface coordinates of X = 47,450.95, Y = 17,447.50; 1) THENCE, SOUTH 45° 33' 04" West, continuing with said common lines, and with the existing westerly right-of-way line of Dixie Farm Road, a distance of 44.42 feet to a point for corner, same being the most northerly comer of that certain 0.305 acre easement conveyed to the City of Pearland, Texas from Clear Creek Properties, Ltd. dated May 9, 1977 and recorded in Harris County Clerk's File Number J156550, Film Code Number 059-97-1890 of the H.C.O.P.R.O.R.P.; 2) THENCE, SOUTH 59° 34' 2T West, with the westerly line of said 0.305 acre easement and with the existing westerly right-of-way line of Dixie Farm Road, a distance of 369.91 feet to a point for corner, the southwesterly corner of said 0.305 acre easement and on the common line of Lot 63 and Lot 64 of the said George W. Jenkins Subdivision and same being in the northerly line of that 16.6658 acre tract conveyed to Greenwood Developments, Inc., from W. F. Mitchell, Trustee, by instrument of record dated October 11, 1994 and recorded under Brazoria County Clerk's File Number 94- 037120 of the Official Records of Brazoria Comity, Texas, same being on the southerly line of the said 34.9875 acre Tract No. 1 residue; 3) THENCE NORTH 44° 26' 57" West, with the common line of said 34.9875 acre Tract No. 1 residue and the northerly line of said 16.6658 acre tract, a distance of 2.37 feet to a 5/8-inch iron rod set for corner on the proposed westerly right-of-way line of Dixie Farm Road; February 7, 1995 Parcel 3 Page 3 of 3 Exhibit A Page 8 of 15 Pages 4) THENCE NORTH 56° 53' 18" East, along the proposed westerly right-of-way line of said Dixie Farm Road a distance of 413.81 feet to a 5/8-inch iron rod set for comer on the southerly line of the aforesaid 15.0605 acre Harris County Parcel 3; 5) THENCE SOUTH 31° 33' 39" East, along the common northerly line of the residue of said 34.9875 acre tract and the southerly line of said 15.0605 acre Hams County Parcel 3 a distance of 10.93 feet to the POINT OF BEGINNING and containing 0.109 of one acre (4,730 square feet) of land. (Approximately 0.028 acre in Brazoria County, Texas and approximately 0.081 acre in Harris County, Texas) BEARINGS ARE BASED ON THE EASTERLY LINE OF THAT CERTAIN 5.9448 ACRE EASEMENT (DIXIE FARM ROAD) CONVEYED TO THE CITY OF PEARLAND BY INSTRUMENT OF RECORD IN VOLUME 1324, PAGE 710 B.C.D.R, COORDINATES ARE ASSUMED. February 7, 1995 Parcel 4 Page 1 of 2 Exhibit A Page 9 of 15 Pages County: Harris Highway: Dixie Farm Road Project Limits: At Clear Creek CSJ: 0912-71 FIELD NOTES FOR PARCEL NO. 4 Being 0.135 of one acre (5,889 square feet) of land, more or less located in the Perry and Austin League, Abstract No. 55, Harris County, Texas and being out of Lot 58 of Hoidale and Coffman Addition, a subdivision of record in Volume 3, Page 6 of the Map Records of Harris County, (H.C.M.R.), Texas and more particularly being out of and a part of a 5.0482 acre tract, described as Parcel 2-A, conveyed to the Harris County Flood Control District from James A. Wood and wife Doris, by instrument of record dated June 28, 1985 and recorded under Harris County Clerk's File Number K159547, Film Code Number 023-69- 1155 of the Official Public Records of Real Property of Hams County (H.C.O.P.R.O.R.P.). Texas; said 0.135 of one acre (5,889 square feet) parcel being more particularly described by metes and bounds as follows: COMMENCING for reference at a 1/2-inch iron rod found marking a northerly comer of said 5.0482 acre Parcel 2-A, same being a southerly comer of that certain 29.4610 acre tract, described as Parcel 1-A, conveyed to Harris County, Texas from James A. Wood and wife Doris, by instrument of record dated December 31, 1984 and recorded under Harris County Clerk's File Number J908899, Film Code Number 007-77-2517 of the H.C.O.P.R.O.R.P.; thence as follows: North 44° 26' 56" West, along the common line of said 5.0482 acre Parcel 2-A and said 29.4610 acre Parcel 1-A, a distance of 208.08 feet to a 5/8-inch iron rod set on the proposed easterly right-of-way line of Dixie Farm Road and the POINT OF BEGINNING, having surface coordinates of X = 47,483.23, Y = 17,314.82; 1) THENCE, SOUTH 59° 34' 27" West, along the proposed easterly right-of-way line of said Dixie Farm Road, a distance of 159.95 feet to a point for corner in the center line of Clear Creek, same being on the northerly line of that tract described as, "Acreage Reserve" of Longwood Park, a subdivision of record in Volume 9, Page 143 and Page 144 of the Map Records of Brazoria County, Texas, conveyed to the City of Pearland, Texas from Paul D. Long, Trustee, by instrument of record dated July 10, 1964 and recorded in Volume 895, Page 906 of the Deed Records of Brazoria County, Texas, same being on the Harris County-Brazoria County line; February 7, 1995 Parcel 4 Page 2 of 2 Exhibit A Page 10 of 15 Pages 2) THENCE, NORTH 44° 23' 30" West, along the common line of the aforesaid 5.0482 acre Parcel 1-A and said City of Pearland "Acreage Reserve", same being the centerline of Clear Creek and the Harris-Brazoria County line, a distance of 18.57 feet to a point for corner, the southwesterly corner of said 5.0482 Acre Parcel 2-A, same being the southeasterly corner of that certain 60.0 foot wide road easement conveyed to the City of Pearland, Texas from James A. Wood and wife Doris, by instrument of record dated January 18, 1978 and recorded under Harris County Clerk's File Number F451297, Film Code Number 185-13-2295 of the H.C.O.P.R.O.R.P. and on the existing easterly right- of-way line of Dixie Farm Road; 3) THENCE NORTH 45° 33' 04° East, with the common line of said 5.0482 acre Parcel 2-A and the easterly line of said 60.0 foot wide City of Pearland road easement, and with the existing easterly right-of-way line of Dixie Farm Road, a distance of 155.16 feet to a point for comer, same being the common westerly comer of said 5.0482 acre Parcel 2-A and the aforesaid 29.4610 acre Harris County Parcel 1-A; 4) THENCE, SOUTH 44° 26' 56" East, along the common line of said 5.0482 acre Parcel 2-A and said 29.4610 acre Parcel 1-A, a distance of 57.33 feet to the POINT OF BEGINNING and containing 0.135 of one acre (5,889 square feet) of land, more or Tess. BEARINGS ARE BASED ON THE EASTERLY LINE OF THAT CERTAIN 5.9448 ACRE EASEMENT (DIXIE FARM ROAD) CONVEYED TO THE CITY OF PEARLAND BY INSTRUMENT OF RECORD IN VOLUME 1324, PAGE 710 B.C.D.R, COORDINATES ARE ASSUMED. cfr February 7, 1995 Parcel 5 Page 1 of 2 Exhibit A Page 11 of 15 Pages County: Harris Highway: Dixie Farm Road Project Limits: At Clear Creek CSJ: 0912-71 FIELD NOTES FOR PARCEL NO. 5 Being 0.007 of one acre (296 square feet) of land in the W.D.C. Hall League, Abstract Number 23, Harris County, Texas and being out of Lot 63 of the George W. Jenkins Subdivision, a subdivision of record in Volume 2, Page 52 of the Map Records of Harris County (H.C.M.R.), Texas and more particularly being out of and a part of a 15.0605 acre tract, described as Parcel 3, conveyed to Harris County, Texas from Clear Creek Properties, Ltd., by an instrument of record dated May 26, 1984 and recorded under Harris County Clerk's File Number J622451, Film Code Number 089-93-1520 of the Official Public Records of Real Property of Harris County, (H.C.O.P.R.O.R.P.), Texas; said 0.007 of one acre (296 square feet) parcel being more particularly described by metes and bounds as follows: COMMENCING for reference at a 5/8-inch iron rod found marking the most easterly comer of said Lot 63 of the George W. Jenkins Subdivision, same being on the common line of the said W.D.C. Hall League, Abstract Number 23, and the Perry and Austin League, Abstract Number 55, same being the most easterly corner of said 15.0605 acre Parcel 3, same being on the westerly line of the residue of a 73.2 acre tract, described as Lot 58 of the Hoidale and Coffman Addition, a subdivision of record in Volume 3, Page 6 of the H.C.M.R., conveyed to James A. Wood and wife Doris, from Republic National Bank of Dallas, Trustee, dated December 13, 1977 and recorded under Harris County Clerk's File Number F429798, Film Code Number 184-06-1513 of the H.C.O.P.R.O.R.P., same being on the westerly line of that certain 60 foot wide easement conveyed to the City of Pearland, Texas from James A. Wood and wife Doris, by instrument of record dated January 18, 1978 and recorded under Harris County Clerk's File Number F451297, Film Code Number 185-13-2295 of the H.C.O.P.R.O.R.P. and on the existing westerly right-of-way line of Dixie Farm Road; thence as follows: February 7, 1995 Parcel 5 Page 2 of 3 Exhibit A Page 12 of 15 Pages South 45° 33' 04" West along the existing westerly right-of-way line of Dixie Farm Road, the common line of said 15.0605 acre Parcel 3, said residue of 73.2 acre tract and the westerly line of said City of Pearland 60.0 foot wide easement, at 409.11 feet pass the northwesterly comer of that certain 29.4610 acre tract, described as Parcel 1 A, conveyed to Harris County, Texas from James A. Wood and wife Doris, by an instrument of record dated December 31, 1984 and recorded under Harris County Clerk's File Number J908899, Film Code Number 007-77-2517 of the H.C.O.P.R.O.R.P. and continuing with said common lines in all a distance of 1273.36 feet to a 5/8-inch iron rod with TxDOT aluminum disk set at the intersection of said common lines and the proposed westerly right- of-way line of Dixie Farm Road and the POINT OF BEGINNING, having surface coordinates of X = 47,490.63, Y = 17,486.43; 1) THENCE, SOUTH 45° 33' 04" West, continuing with the existing easterly right-of-way line of Dixie Farm Road and with said common lines, a distance of 55.58 feet to a point for corner, the southeasterly comer of said 15.0605 acre Parcel 3, same being the northeasterly comer of the residue of that 34.9875 acre tract, described as Tract No. 1, conveyed to Clear Creek Properties, Ltd., from Curtis J. Tomo by instrument of record dated August 9, 1973 and recorded in Volume 1175, Page 933 of the B.C.D.R. and under Harris County Clerks File Number J622452, Film Code Number 089-93-1533 of the Official Public Records of Real Property of Harris (H.C.O.P.R.O.R.P.), Texas, from John A. DeVoke, Jr., Trustee, by instrument of record dated August 9, 1973 and recorded in Volume 1175, Page 942 of the B.C.D.R. and under Harris County Clerk's File Number D952552, Film Code Number 166-26-0839 of the H.C.O.P.R.O.R.P. and from William R. Coffey by instrument of record dated April 20, 1984 and recorded under Harris County Clerk's File Number J622454, Film Code Number 089-93-1544 of the H.C.O.P.R.O.R.P., 2) THENCE, NORTH 31° 33' 39" West, with the common line of said 15.0605 acre Parcel No. 3 and the residue of said 34.9875 acre Tract No. 1, a distance of 10.93 feet to a 5/8-inch iron rod set for corner on the proposed westerly right-of-way line of Dixie Farm Road; February 7, 1995 Parcel 5 Page 3 of 3 Exhibit A Page 13 of 15 Pages 3) THENCE NORTH 56° 53' 18" East, along the proposed westerly right-of-way line of Dixie Farm Road, at a distance of 27.18 feet pass a 5/8-inch iron rod with TxDOT aluminum disk set and continuing in all a distance of 54.20 feet to the POINT OF BEGINNING and containing 0.007 of one acre (296 square feet) of land, more or less. BEARINGS ARE BASED ON THE EASTERLY LINE OF THAT CERTAIN 5.9448 ACRE EASEMENT (DIXIE FARM ROAD) CONVEYED TO THE CITY OF PEARLAND 6Y INSTRUMENT OF RECORD IN VOLUME 1324, PAGE 710 B.C.D.R, COORDINATES ARE ASSUMED. • T ` JERRYA. DAVIS 1793 SURD.. February 7, 1995 Parcel 6 Page 1 of 2 Exhibit A Page 14 of 15 Pages County: Harris Highway: Dixie Farm Road Project Limits: At Clear Creek CSJ: 0912-71 FIELD NOTES FOR PARCEL NO. 6 Being 1.031 acres (44,896 square feet) of land, more or less, located in the Perry and Austin League, Abstract No. 55, Harris County, Texas and being out of Lot 58 of Hoidale and Coffman Addition, a subdivision of record in Volume 3, Page 6 of the Map Records of Harris County (H.C.M.R.), Texas and more particularly being out of and a part of that 29.4610 acre tract, described as Parcel 1-A, conveyed to Harris County, Texas from James A. Wood and wife Doris, by instrument of record dated December 31, 1984 and recorded under Harris County Clerk's File Number J908899, Film Code Number 007-77-2517 of the Official Public Records of Real Property of Harris County (H.C.O.P.R.O.R.P.), Texas; said 1.031 acres (44,896 square feet) parcel being more particularly described by metes and bounds as follows: COMMENCING for reference at a'/ -inch iron rod found marking a southerly comer of said 29.4610 acre Parcel 1-A, same being a northerly corner of that 5.0482 acre tract, described as Parcel 2-A, conveyed to the Hams County Flood Control District from James A. Wood, and wife Doris, by instrument of record dated June 28, 1985 and recorded under Harris County Clerk's File Number K159547, Film Code Number 023-69-1155 of the H.C.O.P.R.O.R.P.; thence as follows: North 44° 26' 56' West, with the common line of said 29.4610 acre Parcel 1-A and said 5.0482 acre Parcel 2-A, a distance of 208.08 feet to a 5/8-inch iron rod set on the proposed easterly right-of-way line of Dixie Farm Road and the POINT OF BEGINNING, having surface coordinates of X = 47,483.23, Y = 17,314.82; 1) THENCE, NORTH 44° 26' 56" West, continuing with the common line between said 29.4610 acre Parcel 1-A and said 5.0482 acre Parcel 2-A, a distance of 57.33 feet to a point for corner on the easterly line of that 60.0 foot wide easement conveyed to the City of Pearland, Texas from James A. Wood, and wife Doris, by instrument of record dated January 18, 1978 and recorded under Harris County Clerk's File Number F451297, Film Code Number 185-13-2295 of the H.C.O.P.R.O.R.P. and on the existing easterly right-of-way line of Dixie Farm Road; February 7, 1995 Parcel 6 Page 2 of 2 Exhibit A Page 15 of 15 Pages 2) THENCE, NORTH 45° 33' 04" East, along the easterly line of said 60.0 foot wide easement and the existing easterly right-of-way line of Dixie Farm Road, a distance of 748.50 feet to a 5/8-inch iron rod with TxDOT aluminum disk set for comer; 3) THENCE, SOUTH 44° 26' 56" East, along the proposed easterly right-of-way line of Dixie Farm Road, a distance of 60.00 feet to a 5/8-inch iron rod with TxDOT aluminum disk set for comer; 4) THENCE, SOUTH 45° 33' 04" West, along the proposed easterly right-of-way line of Dixie Farm Road, at a distance of 148.99 feet pass a 5/8-inch iron rod with TxDOT aluminum disk set, at a distance of 660.29 feet pass a set 5/8-inch iron rod with TxDOT aluminum disk set and continuing in all a distance of 737.80 feet to a 5/8-inch iron rod with TxDOT aluminum disk set for angle point; 5) THENCE, SOUTH 59° 34' 27" West, continuing along the proposed easterly right-of-way line of Dixie Farm Road, a distance of 11.03 feet to the POINT OF BEGINNING and containing 1.031 acres (44,896 square feet) of land, more or less. BEARINGS ARE BASED ON THE EASTERLY LINE OF THAT CERTAIN 5.9448 ACRE EASEMENT (DIXIE FARM ROAD) CONVEYED TO THE CITY OF PEARLAND BY INSTRUMENT OF RECORD IN VOLUME 1324, PAGE 710 B.C.D.R, COORDINATES ARE ASSUMED. October, 1995 Parcel 1 Page 1 of 2 Pages EXHIBIT B Page 1. of 2 Pages County: Brazoria Highway: John Lizer Road Project Limits: at Mary's Creek CSJ: Description of Parcel 1 Being a 0.1205 of one acre (5,250 square feet) parcel of land out of a called 104.401 acre tract in the T.D. Yokum Survey, Abstract No. 399, Brazoria County, Texas; said 104.401 acre tract being that same tract described in a deed to Charles F. (Jack) Alexander from John Alexander, Independent Executor and Trustee, dated June 4, 1981 and recorded in Volume 86268, Page 583 of the Brazoria County Deed Records; said 0.1205 of one acre parcel is more particularly described by metes and bounds as follows: COMMENCING at the most westerly corner of the W.D.C. Hall Survey, Abstract No. 70 from which a found 2-inch iron pipe bears South 43°52'17" East, 117.7 feet, and North 46°07'43" East, 3.5 feet, said corner being an angle point for Lot 7 of the L. W. Murdock Subdivision as recorded in Volume 29, Page 174 of the Brazoria County Deed Records and is the most west corner of a 49.85 acre tract described in a deed to the City of Pearland as recorded in Volume 1250, Page 994 of the Brazoria County Deed Records; THENCE AS FOLLOWS: North 46°07'43" East along the common line between said F.B. Drake Survey, Abstract No. 507 and said W.D.C. Hall Survey, Abstract No. 70, same being the common line between said 104.401 acre tract and said 49.85 acre tract, passing a 5/8- inch iron rod found for the common corner between Lot 7 and Lot 6 of said L. W. Murdock Subdivision at a distance of 121.58 feet, continuing in all a total distance of 1805.04 feet to a point for corner in the centerline of Mary's Creek; 1. 2. 3. 4. ) October, 1995 Parcel 1 Page 2 of 2 Pages North 12°32'40" West (called North 14°21'50" West) along the northeasterly line of said 104.401 acre tract, same being the centerline of Mary's Creek, for a distance of 119.41 feet to a point for corner; North 19°40'54" East' continuing along said northeasterly line and along said centerline for a distance of 56.95 feet to the POINT OF BEGINNING of the herein described 0.1205 acre parcel, said point being on the proposed south right- of-way of John Lizer Road; THENCE, North 88°52'00" West, along the proposed south right-of-way line of John Lizer Road, passing a 5/8-inch iron rod set for reference at 50.00 feet, and continuing for a total distance of 350.00 feet to a 5/8-inch iron rod set for the southwest corner of the herein described parcel; THENCE, North 01°08'00" East, for a distance of 15.00 feet to a 5/8-inch iron rod set for the northwest corner of the herein described parcel, said point being on the south right -of way line of John Lizer Road as described in a deed to the City of Pearland in Volume 87453, Page 336 of the Brazoria County Deed Records; THENCE, South 88°52'00" East, (called North 89°18'50" East) along the existing south right-of-way line of John Lizer Road for a distance of 350.00 feet to a point for corner in the aforementioned centerline of Mary's Creek; THENCE, South 01°08'00" West, along the centerline of said Mary's Creek for a distance of 15.00 feet to the POINT OF BEGINNING, containing a computed area of 0.1205 of one acre (5,250 square feet). Bearings are based on the Texas Department of Transportation construction plans for John Lizer Road at Mary's Creek. A&Q DUal)s Mich -el D. W lson, R.P.L.S. Regi-tration No. 4821 10- IU-95 October, 1995 Parcel 1 Page 1 of 2 Pages EXHIBIT Page 1 of 6 Pages County: Brazoria Highway: County Road 143 Project Limits: at Mary's Creek CSJ: Description of Parcel 1 Being 0.321 of one acre (13,980 square feet) parcel of land, more or less out of called 105.04 acre tract in the H.T. & B.R.R. Company Survey, Abstract No. 239, Brazoria County, Texas; said 105.04 acre tract being that same tract described in a deed to John A. Sage, Trustee, from A.A. Sage, Trustee, by deed dated June 29, 1990 and recorded in Volume 91966, Page 912 of the Bazoria County Deed Records; said 0.321 acre tract also being a part of Lot 1 of Block 2 of the Pearland Industrial Park Subdivision as recorded in Volume 16, Page 171 of the Brazoria County Map Records and is more particularly described by metes and bounds as follows: COMMENCING at a i-inch iron pipe found for an interior corner of said Lot 1, same being the southeast corner of a 1.5 acre tract described in a deed to William John Schneider dated January 11, 1972 and recorded in Volume 1110, Page 177 of the Brazoria County Deed Records; THENCE AS FOLLOWS: North 89°57'18" West, along the south line of said 1.5 acre tract, same being an interior line of said Lot 1, for a distance of 142.00 feet to a five -eighths inch iron rod set at the POINT OF BEGINNING of the herein described 0.321 acre parcel of land and at corner on the proposed easterly right- of-way line County Road 143 (a.k.a. Veteran's Drive and Pearland Sites Road); 1.) THENCE, South 08'48'02" West, along the proposed easterly right-of-way line of County Road 143 for a distance of 191.03 feet to a five -eights inch iron rod set for the point of curvature of a curve to the left; October, 1995 Parcel 1 Page 2 of 2 Pages 2.) THENCE, continuing along said proposed easterly right-of-way line and with said curve to the left having a radius of 1577.00 feet, a central angle of 08'34'12" (chordbears South 04°30'56" West, 235.66 feet) for an arc distance of 235.88 feet to a point for corner in the centerline of Mary's Creek, same being the south line of said Pearland Industrial Park Subdivision and said Lot 1; 3.) THENCE, South 75°21'28" West, along the centerline of said Mary's Creek and said Subdivision line, for a distance pf 28.72 feet to a point for corner on the existing easterly right-of-way line of said County Road 143; 4.) THENCE, ,North 00°07'33" East, (called North) along the existing easterly right-of-way line of said County Road 143 for a distance of 119.84 feet (called 120.00 feet) to a point for corner; 5.) THENCE, North 06432'13" East, (called North 06°48'11" East) continuing along said existing right-of-way line for a distance of 313.20 feet to a point for corner; 6.) THENCE, South 89'57'18" East, (called South 89°41'20" East) continuing along the existing right-of-way line of said County Road 143 for a distance of 39.65 feet to the POINT OF BEGINNING, containing a computed area of 0.321 of one acre (13,980 square feet). Bearings are based on the Texas Department of Transportation construction plans for County Road 143 at Mary's Creek. Itt4/119 DJ A )1 Mic ael D. Wilson, R.P.L.S Regi tration No. 4821 Oi= MICHAEL D. WILSON _ .r• 4821 r. % October, 1995 Parcel 2 Page 1 of 2 Pages EXHIBIT c Page 3 of 6 Pages County: Brazoria Highway: County Road 143 Project Limits: at Mary's Creek CSJ: Description of Parcel 2 Being a 0.004 of one acre (156 square feet) parcel of land out of the residue of a 105.04 acre tract in the H.T. & B.R.R. Company Survey, Abstract No. 239, Brazoria County, Texas; said residue being created after the dedication of the Pearland Industrial Park Subdivision as recorded in Volume 16, Page 171 of the Brazoria County Map Records, said 105.04 acre tract being described in a deed to John A. Sage, Trustee, by deed dated June 29, 1990 and recorded in Volume 91966, Page 912 of the Brazoria County Deed Records and is more particularly described by metes and bounds as follows: COMMENCING a 5/8-inch iron rod found for the southeast corner of said 105.04 acre tract, said point being on the west line of the G.C. & S.F. R.R. right-of-way (based on a width of 100 feet); THENCE AS FOLLOWS: North 89°55'44" West, ( called West) along the south line of said 105.04 acre tract for a distance of 1993.27 feet to the POINT OF BEGINNING of the herein described 0.004 acre parcel of land, said point being on the proposed easterly right-of- way line of County Road 143 (a.k.a. Veterans Drive and Pearland Sites Road); 1.) THENCE, North 89°55'44" West, (called West) continuing along the south line of said 105.04 acre tract for a distance of 27.78 feet to a point for corner on the existing east right- of-way line of said County Road 143, said point is within the existing channel of Mary's Creek; 2.) THENCE, North 00°07' 33" East, (called North) along the existing right-of-way line of said County Road 143 for a distance of 1.96 feet to a point for corner in the centerline of Mary's Creek, said point being the southwest corner of Lot 1, Block 2 of the aforementioned Pearland Industrial Park Subdivision; October, 1995 Parcel 2 Page 2 of 2 Pages 3.) THENCE, North 75°21'28" East, (called North 75°23'05" East) along the south line of said Lot 1, same being the centerline of Mary's Creek, for a distance of 28.72 feet to a point for corner on the proposed east right-of-way line of County Road 143, said point is in a curve to the left; 4.) THENCE, along the proposed east right-of-way line of County Road 143, with said curve to the left having a radius of 1577.00 feet, a central angle of 00°16'23" (chord bears South 00°05'39" West, 7.51 feet) for an arc distance of 7.51 feet to the point of tangency of said curve; 5.) THENCE, South 00°02'33" East, continuing along the proposed east right-of-way line of County Road 143 for a distance of 1.74 feet to the POINT OF BEGINNING, containing a computed area of 0.004 of one acre (156 square feet). Bearings are based on the Texas Department of Transportation construction plans for County Road 143 at Mary's Creek. Mic-iael D. Wilson, R. P. L. S. Registration No. 4821 \Orbs -IS EXHIBIT C Page b of County: Brazoria Highway: County Road 143 Project Limits: at Mary's Creek CSJ: October, 1995 Parcel 3 Page 1 of 2 Pages 6 Description of Parcel 3 Pages Being a 0.699 of one acre (30,437 square feet) parcel of land out of a called 20.285 acre tract in the H.T. & B.R.R. Company Survey, Abstract No. 239, Brazoria County, Texas; said 20.285 acre tract being that same tract described in a deed to S.R.E. Properties, Inc. from S.R.E. LTD., dated December 11, 1992 and recorded in File No. 92-40779 of the Brazoria County Deed Records; said 0.699 of one acre parcel is more particularly described by metes and bounds as follows: COMMENCING at a 2-inch iron pipe found for the southeast corner of the said 20.285 acre tract, said point being in the westerly line of the G.C. & S.F. RR. right-of-way (based on a width of 100-feet) and is also the northeast corner of a 30.283 acre tract described in a deed to Gate Concrete Products Company dated April 28, 1981 and recorded in Volume 1567, Page 643 of the Brazoria County Deed Records; THENCE AS FOLLOWS: West, along the south line of said 20.285 acre tract, same being the north line of said 30.283 acre tract for a distance of 2095.22 feet to a five -eighths inch iron rod set at the POINT OF BEGINNING of the herein described 0.699 acre parcel, said point being on the proposed east right-of-way line of County Road 143 (a.k.a. Veteran's Drive and Pearland Sites Road); 1.) THENCE, West, continuing along the south line of said 20.285 acre tract for a distance of 73.34 feet to a five -eighths inch iron rod found for the southwest corner of the herein described tract, same being the southwest corner of the said 20.285 acre tract; October, 1995 Parcel 3 Page 2 of 2 Pages 2.) THENCE, North 00°07'33" East, (called North) along the west line of said 20.285 acre tract for a distance of 418.57 feet (called 418.59 feet) to a PK nail found in a wood bridge over Mary's Creek, said PK nail being the southwest corner of an 85.605 acre tract described as Tract One in a deed recorded in Volume 1159, Page 57 of the Brazoria County Deed Records; 3.) THENCE, South 89°55'44" East, (called South 89°55'41" East) along the north line of said 20.285 acre tract, same being the south line of said 85.605 acre tract, for a distance of 72.11 feet to a five -eighths inch iron rod set for the northwest corner of the herein described tract, said point being on the proposed east right-of-way of County Road 143; 4.) THENCE, South 00°02'33" East, along the proposed east right- of-way line of County Road 143 for a distance of 418.48 feet to the POINT OF BEGINNING, containing a computed area of 0.699 of one acre (30,437 square feet). Bearing are based on the Texas Department of Transportation construction plans for County Road 143 at Mary's Creek. Michael D. Wilson, R.P.L.S. Registration No. 4821