R2001-0066 05-14-01 RESOLUTION NO. R2001-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ACCEPTING A DONATION DEED FOR TWO TRACTS OF LAND
NORTH OF CLEAR CREEK TO BE USED FOR THE EXTENSION OF
PEARLAND PARKWAY AND AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN AGREEMENT ASSOCIATED WITH
THE DONATION DEED.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain donation deed to the City of Pearland, a copy of which is
attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby
authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an agreement associated with the donation deed.
PASSED, APPROVEDandADOPTEDthisthe 14 dayof ~1e¥ ,
A.D., 2001.
MAYOR
ATTEST:
Y~,E~CRETARY ~/ ~
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
DONATION DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
That Sidney S. McClendon III, Trustee ("McClendon, Trustee)", F. Russell Kendall,
Trustee ("Kendall, Trustee") and William C. Adams and wife, Sarah Adams ("Adams")
(collectively, "Grantors"), whose address is % Sidney S. McClendon, III, 1001 Fannin, Suite
2300, Houston, Texas 77002-6760, for and in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration to Grantors in hand paid by the City of Pearland,
whose address is 3519 Liberty Drive, Pearland, Texas 77581, the receipt of which is hereby
acknowledged, and for which no lien is retained, either expressed or implied, have and by these
presents do Donate, Give, Grant, and Convey unto the City of Pearland the following described
tracts or parcels of land in Harris County, Texas (the "Property"):
Tract ~4, being .023 acres, more or less, in the William T. Bessonett Survey, Abstract
150, and
Tract #5, being 1.985 acres, more or less, in the Robert Cameron Survey, Abstract 211,
being more particularly described in Exhibit "A," which is attached hereto and
incorporated herein, for any and all purposes,
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are
retaining title to the following improvements, if any, located on the Property (the
"Improvements"):
fences and bams
Grantors will have the right, but not the obligation to remove the Improvements from the
Property at any time on or before 30 calendar days after actual receipt of written notice by
registered United States mail, return receipt requested, from Grantee to Grantors at the address
set forth above that Grantee is ready to commence actual construction of the Pearland Parkway
and the related drainage system on the Property, subject, however, to such extensions of time as
may be granted by Grantee in writing, and if, for any reason, Grantors fail or refuse to remove
same within said period of time prescribed, then, without any farther consideration, the title to all
or any part of the Improvements not so removed shall pass to and vest in the Grantee forever.
This conveyance is made and accepted subject to all liens, encumbrances, conditions,
covenants, restrictions, reservations, exceptions, rights of way, easements, conditions, covenants,
of record in Harris County, Texas to the extent the same are valid, enforceable and affect the
Property and to all matters a current inspection and survey of the Property would reflect.
Grantors reserve all of the oil, gas and sulphur in and under the Property but waive all
rights of ingress and egress to the surface thereof for the purposes of exploring, developing,
mining or drilling for same; however nothing in this reservation shall affect the title and right of
the Grantee to take and use all other minerals and materials thereon, therein and thereunder.
This conveyance shall terminate and title to the Property conveyed hereby shall
automatically revert to the Grantors (with respect to Tract/14, in the proportion of an undivided
two-thirds interest to McClendon, Trustee and an undivided one third interest to Adams and with
respect to Tract #5 to Kendall, Trustee) unless on or before December 31, 2001, Grantee shall
commence or cause to be commenced actual construction of Pearland Parkway (two lanes north
bound divided by a box drainage culvert substantially as shown on Pearland PKWY Extension
Roadway Plan and Profile Sta 183-+20 to 187+80, dated 02-22-01 by Lockwood, Andrews &
Newman, Inc) thereafter prosecutes or causes such work to be prosecuted with due diligence and
in a good and workman like manner to substantial completion on or before June 30, 2003,
subject only to delay caused by force majeure beyond the reasonable control of Grantee. In the
event the conveyance automatically reverts to Grantors as herein set forth, promptly on demand
of Grantors, Grantee will execute and deliver to Grantors a recordable recenveyance of the
Property. In the event the conveyance does not revert to Grantors as herein set forth, promptly
on demand of Grantee, Grantors will execute and deliver a recordable confirmation of such fact.
TO HAVE AND TO HOLD the premises herein described and herein conveyed together
with all and singular the rights and appurtenances thereto in any wise belonging unto the Grantee
and its assigns forever; and Grantors (with respect to Tract//4, in the proportion two-thirds by
McClendon, Trustee and one third by Adams and with respect to Tract #5 by Kendall, Trustee),
do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant
and Forever Defend all and singular the said premises herein conveyed unto the Grantee and its
assigns against every person whomsoever lawfully claiming or to claim the same or any part
thereof, by through and under Grantors, but not otherwise.
This conveyance is subject to the terms and conditions of an unrecorded Agreement of
even date by and between Grantors, Grantee and the City of Pearland.
IN WITNESS WHEREOF, this instrument is executed on this the~ day of April, 2001
to be effective as of April I~, 2001.
..~ __ Ski~~,,~[I, Trustee
F.~R~sselq Kendall, Trustee
Willi~]n C. Adams
Sarah Adams
GRANTORS
Attachments: Exhibit A: Description of Property (Tract//4, Tract #5)
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ACKNOWLEDGEMENTS
State of Texas
County of Harris
This instrument was acknowledged before me on April /flY, 2001 by Sidney S.
McClendon III, Trustee.
Notary P j_s _Si.~a_ _t~r._e_ ..........
[~MARY JANE CRENSHAw
[~ (~'. ~r~ Not~y Pu~llc, State o{ Texas
~ MARCH 18, 2OO5
State of Texas [~'
County of Harris
This instrument was acknowledged before me on April/~, 2001 by F. Russell Kendall,
Trustee.
Notary Public's Si ~ature __
~MARY JANE CRENSHAW
State of Texas ~ MARCH 18, 2005
and wife S~ah Ad~s. ) , - '% ~ ·
Notary Public s Signature
g490775 v3 (Houston)SMIll SOUTH BELT DONATION 4/19/01 2:37 PM
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. Received 04/20/2001 03:45PM on tine 1 for SM0109 * Pg2/4
CITY ADMINISTRATION ID:281-652-1708 RPR 20'01 15:15 No.O01 P.02
TRACT 4
F. RUSSELL KENDALl-, TRUSTEE
STATE OF TEXAS §
COUNTY OF HARRIS §
METES AND BOUNDS DESCRIPTION of a 0.023 acre tract in the Robert Cameron Survey,
Abstract No. 211, Herds County, Texas. Said 0.023 acre tract is e part of an 81.8804 acre tract
deacdbed in a deed to F. Russell Kendall, T;ustea as recorded in Clerk's File No. D911627 of
the Halfis County Official Public Records of Real Property and is more particularly described by
metes and bounds as follows:
COMMENCING e~ a fence post found at the intersection of the common line between the said
Robert Cameron Survey, Abstract No. 211 and the H,T. & B.R,R, Company Survey, Abstract
No. 410 with the east line of the W.T. Besscnett Survey, Abstract No. 150 (a found 1-1nch iron
pipe bears North 26°14'02" West, 0.72 feet);
THENCE, North 87°48'07" East, along the common line between said Robert Cameron Survey,
AbStract No, 211 and said H.T, & B,R.R, Company Survey. Abstract No, 410 fora distance of
00.OO feet to e 5/8-inch iron rod set in the east right-of-way line of Monroe Street (based on a
width of 80-feet) described In a deed to Harris County as recorded in Clerk's File No. D911628
of the Harris County Official Public Records of Real Property for the POINT OF BEGINNING for
the herein describe 0,023 acro tra~ said point also being the southwest comer of the
aforementioned 81.8804 acre tact;
THENCE, North 02°18'54" West, along the east right-of-way line of said Monroe Street for a
distance of '105.20 feet to a 5/8-inch iron mci set for the northwest comer of the herein described
tract;
THENCE, South 12°25'01" East, for a distance of 100.73 feet to a 5/8-inch iron ~od set In the
aforementioned Common line between the Robert Cameron Survey, Abstract No. 211 and the
H.T. & B.R.R. Company Suwey, Abstract No. 410, said point also being the southeast comer of
the herein described 0,023 acre tra~t;
THENCE, South 87°18'07, West, along said common line between the Robert Cameron Survey,
Abstract No, 212 and the H.T. & B.R,R, Company Survey, Abstract No. 410 for a distance of
18.72 feet to the POINT OF BEGINNING, containing a computed area of 0,023 acres (985
square feet),
NOTE:
1. The beadngs shown hereon are based on City of Poadand Monumentation using NAD 1983
horizontal control,
2. All rods set for the subject property were set with a cap stamped Welsh Surveying.
3. A separate survey plat has been prepared in ~onne~on with this survey.
200~ East Broadway, Suite 1
Poarland, Tea(as 77,58t Michael D. Wil~on. R.P.LS.
(281) 485-3991 ~~ Registration N? 4821
Job,o. ;':o milt co
Received 04/20/2001 03.'45PM on tine I for SM0109 * Pg3/4
CITY RDMINISTERTION ID:281-652-1708 RPR 20'01 15:15 No.O01 P.O~
TRACT 5
SIDNEY S. MoCLENDON, Ill, TRUSTEE
STATE OF TEXAS §
COUNTY oF HARRIS §
METES AND BOUNDS DESCRIPTION of a 1,985 acre tract in the W. To Bessonett Survey,
Abstract No. 150 in Harris County, Texas. Said 1,985 acre tract is a part of a 55,03 acre tract
described in a deed to Sidney S. M~Ciendon, iit, Trustee as recorded in Clerk's File No,
H073440 Of the Herds County Offldal Public ReCOrds of Real Property, and is more particularly
described by metes and bounds es foltows:
BEGINNING at a fenco post found atthe intO'reaction of the common line between the Robert
Cameron Survey, Abstract No. 2t I and the H.T, & B.R.R, Company Survey, Abstract No. 410
with the east line of the W.T. Bessonett Survey, Abstract No. 150, said point also being the
southwest comer of Monroe Street (based on a width of 60*feet) described in a deed to Harris
County as recorded in Clerk's File No, Dg11628 of the Harris County Official Publio Reco~s of
Real Property, said point also being the northeast comer of a 0.7t68 acre tract described in a
deed to Harris County Fieed Control District as recorded in Clerk'S Flie No. K342426 of the
Herds County Official Public ReCords of Rear Property (a found 1.inch Iron pipe bears North
26o!.4'02" West. 0.72 feet);
THENCE, South 87o18,07. West, along the south line of the aforementioned 55.03 acre tract, at
75,00 feet passing the noOn.est comer of said 0.7168 acre tract, and continuing for a total
distance of 87.19 feet to a 5/8-1nch iron red set for the southwest comer of the herein desalbed
THENCE, North 06°52'47" East, for a distance ol= 107.57 feet to a 5/8-Inch Iron rod set for an
angle point;
THENCE, North 02°18'54" West, along a line 70.00 feat west of and parallel to the west line of
said Monroe Street fcr a distance of 706.64 feet to a 5/8-Inch Iron rod set for an angle point;
THENCE, North 87'4t'06' East, along a llne perpendicular to the west ~ght-of way line of said
Monroe Street for a distance of 5.00 feet to a 5/8-1nch Iron rod set for an angle point;
Received 04/20/2001 03:45PM on tine I for SM0109 * Pg4/4
'CITY ADMINISTRRTION ID:281-652-1708 APR 20'01 15:16 No.O01
THENCE, North 02'18'54" West, along a line 65.00 feet west of and parallel to the west line of
said Monroe Street, at 289.07 passing the south line of the aforementioned 150-foot wide
Houston Lighting and Power Company easement, and continuing for a distance of 424.08 feet
to a 5/8-Inch iron rod set for an angle point; '
THENCE North 47°39'35- West, f~r a distance of 21.09 feet to a 5/8qnch Iron md set In the
south line of Beltway 8 (based on a width of 300-feet); ·
THENCE, North 86°59'43" East, along the south line of said Beltway 8 for a distance of 80.00
feet to a 5/8-Inch Iron rod set in the east line of the aforementioned W.T. Bessonet{ Survey,
Abstract No. 150, same line being the east line of the aforementioned 55.03 acre tract and
west line of said Monroe Street;
THENCE, South 02'18'54' East, along the east line of said W.T. Bessonett Survey, Abstract
No. 150, at 1~.01 feet passing the south line of said 150-foot v~'de Houston lighting and Power
Company easement and continuing for a total distance of 1,252.1t feet to the POINT OF
BEGINNING, centalnlng a computed area of 1.985 acres (86,463 square feat).
NOTE:
1, The bearings shown hereon are based on Cit7 of Pee[land Monumentation using NAD t983
horizontal control.
2. All rods set for the subject properbj were set with a cap stamped Walsh Surveying.
3. A separate survey plat has been prepared In connection with this survey.
2006 East Broadway, Suite 105 ~
Pea[land, Texas 77581 ir Michael D. Wilson, R.P.L.$,
~ 'Registration No. 4821
(281) 485-3991
AGREEMENT RELATING TO DONATION DEED
This agreement ("Agreement"), dated as of April Icl , 2001 (the "Effective Date") is
between Sidney S. McClendon III, Trustee ("McClendon, Trustee)", F. Russell Kendall, Trustee
("Kendall, Trustee"), and William C. Adams and wife, Sarah Adams ("Adams") (collectively,
"Grantors"), whose address is % Sidney S. McClendon, III, 1001 Fannin, Suite 2300, Houston,
Texas 77002-6760 and the City of Pearland ("Grantee"), whose address is 3519 Liberty Drive,
Pearland, Texas 77581-5416, relating to that certain Donation Deed ("Donation Deed"), dated as
of the Effective Date, by Grantors, as grantors, in favor of Grantee, as grantee, relating to the
following described property in Harris County, Texas (the "Property"):
Tract ~4, being .023 acres, more or less, in the William T. Bessonett Survey, Abstract
150, and
Tract #5, being 1.985 acres, more or less, in the Robert Cameron Survey, Abstract 211,
Harris County, Texas,
being more particularly described in Exhibit "A", which is attached hereto and
incorporated herein, for any and all purposes.
In consideration for ten dollars and the execution and delivery of the Donation Deed (the
"Donation") and this Agreement, the receipt and sufficiency of which is hereby acknowledged,
Grantors and Grantee hereby agree as follows:
(1) Preliminary Plans.
Grantee has furnished to Grantors Pearland PKWY Extension Roadway Plan and Profile
Sta 183-+20 to 187+80 by Lockwood, Andrews & Newman, Inc. (collectively, the "Plans").
Grantee has furnished to Grantors a topographical map of the 88.3968 Acre Tract, herein
described, that will allow Grantors to endeavor to evaluate the effect on the 88.3968 Acre Tract
of elevation of the Pearland Parkway as indicated on the Plans.
(2) Road Access from Pearland Parkway.
From Beltway 8 south to the Clear Creek Bridge there will be approximately 800 feet of
fi:ontage before the embankment for the Clear Creek Bridge begins. The road elevation of
Pearland Parkway will be elevated (approximately 3-5 feet) higher than the existing ground to
maintain the road above the 100 year flood plain.
Since the Property is within the City of Houston ("Houston"), driveway access to
Pearland Parkway will be governed by Houston regulations.
Under Grantee regulations, driveway spacing and median cuts on a boulevard facility is a
minimum of 350 feet from other driveway or intersections, so, if Grantee annexes the 88.3968
Acre Tract, hereinafter described, there would be adequate spacing for two median cuts adjacent
to the property on each side of Pearland Parkway.
Grantee proposes to construct initially the east two lanes of the Pearland Parkway plus
the Box Culvert, herein described. Grantee agrees to grant Grantor permanent access at two
mutually agreeable points (as shown on the Plans) from the portion of the 88.3968 Acre Tract
lying west of the Pearland Parkway to the east two lanes of the Pearland Parkway and, at the
time of construction of the east two lanes of the Pearland Parkway, to construct concrete median
crossovers from the east two lanes of the Pearland Parkway to the centerline of the Property at
each such access point.
(3) Disposition of Existing Ditch.
The existing ditch will be replaced by a large box culvert ("Box Culvert") that will be
under the median of Pearland Parkway. This Box Culvert is shown on the Plans. In addition,
there will be a shallow drainage swale in the median of the road, similar to the existing segments
of Pearland Parkway.
(4) Deannexafion by Houston.
Grantee is endeavoring to obtain the agreement of Houston to deannex land south of the
Sam Houston Parkway, including 88.3968 acres, more or less, described in Exhibit B, which is
attached hereto, being 41.9130 acres in the William T. Bessonett Survey, Abstxact 150 and
46.4838 acres, more or less, in the Robert Cameron Survey, Abstract 211 ("88~.3968 Acre
Tract"), which includes the Property. Grantee shall have no obligation to cause Houston to
deannex all or part of the 88.3968 Acre Tract or to annex the same into Grantee.
If all or part of being part of the 88.3968 Acre Tract is deannexed by Houston and
annexed by Grantee, Grantee will use its best efforts to cause portions of such tract, as requested
by Grantors, to be zoned GB (General Business), C (Commercial), or MF (Multifamily), as
requested by Grantors, and such designations shall not be unreasonably withheld..
(5)) Utilities.
Grantee represents that, at this time, there is sufficient wastewater capacity in the Twin
Woods lift station to accommodate typical development on the 88.3968 Acre Tract, including
service station, shopping center, single and multi family residential and related development.
The cost of extension of utilities from such location to the 88.3968 Acre Tract will be the
owner/developer's responsibility. Houston would have to approve any extensions from Grantee
utilities. Grantee agrees to use its best, reasonable efforts to help Grantors secure approval by
Houston of such extensions.
At this time, the most favorable water connection for the 88.3968 Acre Tract appears to
be at the intersection of Pearland Parkway/McHard after Beazer Homes completes the extension
ora 16' main past that location (estimated within one year).
2
(6) Fm Dirt.
Grantee represents that Grantee has no current financing for the cost of excavation of thc
300 acre-foot detention pond. However, dirt is available, on a first-come-first-served basis at no
cost for the dirt, but the user will be responsible for the cost of excavating and transporting the
material.
Grantee proposes to obtain and transport fill dirt to the Property in connection with the
construction of Pearland Parkway on the Property. Grantee will allow Grantors to obtain and
transport fill dirt to the 88 Acre Tract for the same cost of excavating and transporting and at
substantially the same time as it allows the construction contractor to obtain fill dirt for use in
connection with the construction of Pearland Parkway on the Property; provided that Grantors
obtain the necessary fill permits from Harris County Flood Control and/or the Corp of
Engineers..
Should Grantee obtain financing for the cost of excavation of the 300 acre foot detention
pond and Grantee allows others to excavate within the 300 acre foot detention pond, Grantee will
extend to Grantors the preferential right to excavate fill dirt for the 88 Acre Tract for the same
terms and consideration; provided that Grantors obtain the necessary fill permits from Harris
County Flood Control and/or the Corp of Engineers.
If the dirt is still available when Grantors need the same, Grantors can e~cavate and
transport the dirt the 88 Acre Tract; provided that Grantors obtain the necessary fill permits from
Harris County Flood Control and/or the Corp of Engineers.
(7) Detention Capacity.
Grantee hereby reserves and grants to Grantors, their successors and assigns, 6.69 acre-
feet of detention capacity in its regional facilities for large developments to serve the 88 Acre
Tract. Grantor acknowledges that additional detention capacity may be required to be provided
by Grantor, depending on the development plan for the 88 Acre Tract.
(8) Fences.
Prior to commencement of actual construction on the Property, Grantee, at its cost and
expense, will erect a good and substantial fence (4 strand barbed wire) along the boundaries of
the Property.
3
This Agreement shall be binding and inure to the benefit of the parties hereto, their
respective successors, assigns, and legal representatives.
WITNESS THE EXECUTION HEREOF on the Iq day of April, 2001 to be effective
April I~, 2001
CITY OF PEARLAND
By:.
F. RUSS'ELI~ ~ENfiAL'LU, TRUSTEE
WlLLI~¥1 C. ADAMS
SARAH ADAMS
GRANTORS
Attachments: Exhibit A: Description of Property (Tract fi4, Tract #5)
Exhibit B: Description of 88.3968 Acre Tract
ff490775 v3 (Houston)SMlIl SOUTH BELT DONATION 4/19/01 2:37 PM
4
April I~, 2001
Parcd No. 4 and 5
Highway Pearland Parkway
District Engineer
Texas Department of Transportation
P.O. Box 1386
Houston, Texas 77251-1386
Dear Sir:
This letter is to confirm and acknowledge that (I/we) have been appraised of (my/our)
entitlement to market value for the above shown parcel(s), as covered in Title III of the Uniform
Relocation and Real Property Acquisition Policies Act of 1970. It is (my/our) desire to waive
(my/our) right to just compensation as well as the fight of appraisal and elect to donate this right
of way so that the proposed highway construction may proceed in a timely fashion.
Therefore, (I/we) would like to offer to the City of Pearland, parcel(s) 4 and 5 consisting
of 2.008 acre(s) of needed fight of way, upon and subject to the conditions set forth in the
Donation Deed, effective April ~c~ , 2001 from Sidney S. McClendon III, Trustee, F. Russell
Kendall, Trustee, and William C. Adams and wife, Sarah Adams, as grantors, ancl the City of
Pearland, acting by and through the Texas Transportation Commission, as grantee, and
Agreement effective April [], 2001, among Sidney S. McClendon III, Trustee, F. Russell
Kendall, Trustee, and William C. Adams and wife, Sarah Adams, as grantors, and the City of
Pearland, as grantee.
Sincerely,
F'. RU S~E, LL~KTEf,,i~, ..~RU STEE --
WILLIAM C. ADAMS
SARAH ADAMS
GRANTORS
g490775 v3 (Houston)SMlIl SOUTH BELT DONATION 4/19/01 2:37 PM
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Receiv~ 04/2~2001 03:45PH on tine 1 for SM0109 * Pg2/4
CITY ADMINISTRRTION ID:281-652-1708 RPR ~O'Ol 15:15 No.O0[ P.02
TRACT4
~ RUSSELL KENDAM-,TRUSTEE
STATEOFTEXAS§
COUNTY OF HARRIS §
METES AND BOUNDS DESCRIPTION of a 0.023 acre tract in the Robert Cameron Survey,
AbrEact No. 211, Harris County, Tex~s. Said 0.023 acm tract is a part of an 81.8804 acre tract
described in e deed to F. Russafl Kendall, Trustee as recorded in Clerk's File No. D911627 of
the Harris County Official PuDIIc Records of Real Property and is more particularly described by
metes and bounds as follows:
COMMENCING at a fence post found at the intersection of the common line between the said
Robert Cameron Survey, Abstraot No. 211 and the H.T. & B.R.R. Company Survey, Abstract
No. 410 with the east line of the W.T. Bessonatt Survey, Abstract No. 150 (a found 1-inch iron
pipe bears North 26°14~)2" West, 0.72 feet);
THENCE, North 87'18'07" East, along the common line between said Robert Cameron Survey,
Abstract No, 211 and said H.T, & B.R.R, Company Survey. Abstract No. 410 for a distance of
60.00 feet to e 5/~-lnch iron rod set in the east right-of-way line of Monroe Street (based on a
widl~ of 60-feat) described In a deed to Harris County as recorded In Clerk's File No. D911628
of the HaAs County Official Public Records of Real Property for the POINT OF BEGINNING for
the herein describe 0.023 acre tract, said point also being the southwest comer of the
aforementioned 81.8804 acre tmc~
THENCE, North 02°18'54' West, along the east right-of-way line of said Monroe Street for a
distance of 105.20 feet to e 5/8-inch iron rod sat for the northwest comer of the herein described
THENCE, South 12~25'01' East, for a distance of 106.73 feat to a 5/8-inch iron rod set in the
aforementioned Common line between the Robert Cameron Survey, Abstract No. 211 and the
H.T. & B.R.R. Company Survey, Abstract No. 410, said point also being the southeast corner of
the I~erein described 0.023 acre tract;
THENCE, South 87~18'07" West, along said common line between the Robert Cameron Survey,
Abstract No. 212 and the H.T. & B.R,R, Company Survey, Abstract No. 410 for a distance of
18.72 feet to the POINT OF BEGINNING, containing a computed area of 0.023 acres (985
square feet),
NOTE:
1. The bearings shown hereon are based on City of Peariand Monumentation using NAD 1983
horizontal control,
2, All rode set for the subject property were set with a cap stamped Welsh Surveying,
3. A separate survey plat has ~een prepared in connection with this survey.
Welsh Surveying, Inc.
(281) 485-3991 , ::: ..... :-:-~'~'~-
· ' Received 04/20/2001 03:45PM on [~ne I for SM0109 * P§3/4
'CITY ADMINISTRATION ID:281-652-1708 APR 20'01 15:15 No.O01 P.O$
TRACT 5
SIDNEY S. McCLENDON, Iii, TRUSTEE
STATE OF TEXAS
COUNTY oF HARRIS §
METES AND BOUNDS DESCRIPTION of a 1.985 acre tract in the W.T. Bessonett Survey,
Abstract No. 150 in Harris County, Texas. Said 1,985 acre tnac[ is a part of a 55,03 ac. re tract
desc~bed in a deed to Sidney S. McClendon, III, Trustee as recorded in Clerk's File No.
H073440 of the Ha~fis County Official Publio Records of Reel Property, and is more particularly
described by metes and bounds es follows:
BEGINNING at a fence post found at the intersection of the common line between the Robert
Cameron Survey, Abstract No. 211 and the H.T, & B.R.R. Company Survey, Abstract No. 410
with the east line of the W.T. Bes sonett Survey, Abstract No. 150, said point also being the
southwest comer of Monroe Street (based on a width of 60-feet) described in a deed to Harris
County as recorded in Clerk's File No, D9t1628 of the Harris county Official Public RacOm'ds of
Real Property, said point also belng the northeast comer of a 0.7168 acre tract desc4~bed in a
deed to Harris County Flood Control. District as recorded in Clerk's File No. K342426 of the
Haffis County Official Public Records of Real Property (a found 1-inch Iron pipe bears North
26°!.4'02- West, 0.72 feet);
THENCE, South 87°18'07" West, along the south line of the aforementioned 55.03 acre tract, at
75,00 feet passing the northwest comer of said 0.7168 acre tract, and continuing for a total
distance of 87.19 feet to a 5/8-inch iron rod set for the southwest comer of the herein deSalbed
THENCE, North 0t~°52'47" East, for a distance of 107.57 feet to a 5/8-inch Iron rod set for an
angle point;
THENCE, North 02°18'54' West, along a line 70.00 feet west of and parallel to the west line of
said Monroe Street for a distance of 706.64 feet to a 5/8-inch Iron rod set for an angle point;
THENCE, North 87'41'06' East, along a llne perpendicular to the west fight-of way tine of said
Monroe Street for a distance of 5,00 feet to a 5./8-inch Iron rod set for an angle point;
'' ' Received 04/20/2001 03:45PM on line 1 for SM0109 * Pg4/,4
'CITY ADMINISTRRTION ID:281-652-1708 APR 20 O1 15:16 No.O01 P.OZ~
THENCE, North 02'18'54" West, along a llne 65.00 feet west of and parallel to IAe west line of
said Monroe Street, at 289.07 passing the south line of the aforementioned 15g-foot wide
Houston lighting and Power Company easement, arid continuing for a distance of 424.08 feet
to a 5/8-Inch Iron rod sat for an angle point; ·
THENCE North 47"39'35' West, fora distance of 21.09 feet to a 5/8-inch Iron md set In the
south line of Beltway 8 (based on a width of 350-feat); '
THENCE, No~th 88°59'43" East, along the south line of said Beltway 8 for a distance of 80.00
feet to a 5/8-inch Iron rod set in the east line of the aforementioned W.T. Bessoneff Survey,
Abstract No. 150, same line being the east line of the aforementioned 55.03 acre tract and the
west line of said Monroe Street;
THENCE, South 02'18'54' East. along the east line of satd W,T. Bessonett Survey, Abstract
No. 150, at t50.0t feet passing the south line of said 1 §O-foot Wfde Houston Lighting and Power
Company easement and continuing for a total distance of 1,252.11 feet to the POINT OF
BEGINNING, containing a computed area of 1.9a5 acres (86,463 square feet).
NOTE:
1. The bearings shown hereon are based on City of Peariand Monumentation using NAD 1983
horizontal control.
2. All reds set for the subject property were set with a cap stamped Walsh Surveying.
$. A separate survey plat has been Prepared In connection with this survey.
2006 East Broadway, suite 105 -----'-"
Peadand, Texas 77581 ~ I Michael D. Wilson, R.P.L.$,
(281) 485-399t ~ ~ Registration No. 4~21
Job No. 00-168
-'
OF A 22.6621 ACRE TRACT OF LAND OUT OF A CALLED 55.03 ACRE TRACT RECORDED
IN VOLUME 5187, PAGE 214, OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS,
SITUATED IN THE WILLIAM T. BESSONETT SURVEY, ABSTRACT 150, HARRIS COUNTY,
TEXAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT A POINT IN THE EAST LINE OF THE WILLIAM T. BESSONETT SURVEY,
ABSTRACT 150, AND EAST LINE OF SAID 55.03 ACRE TRACT, BEING THE SOUTHWEST
CORNER OF THE ROBERT CAMERON SURVEY, ABSTRACT 211, AND THE MOST
WESTERLY NORTHWEST CORNER OF THE H. T. & B. RAILROAD COMPANY SURVEY,
ABSTRACT 410, FROM WHICH A CALLED AND FOUND 1/2" PIN TOP PiPE BEARS N.
43°56'15" W., 0.92'.
THENCE S. 87°17'53" W. AT 75.00' PASS THE NORTHWEST CORNER OF A 75'
DRAINAGE EASEMENT RECORDED UNDER FILM CODE No. 034-75-0158, OFFICIAL REAL
PROPERTY RECORDS OF HARRIS COUNTY TEXAS, ALSO BEING THE NORTHEAST
CORNER OF A 10.5905 ACRE HARRIS COUNTY FLOOD CONTROL TRACT RECORDED
UNDER FILM CODE No. 034-75-0148, REAL PROPERTY RECORDS OF HARRIS COUNTY,
TEXAS, CONTINUING ALONG THE NORTH LINE OF SAID 10.5905 ACRE TRACT FOR A
TOTAL DISTANCE OF 892.26' TO A 5/8" IRON ROD SET IN THE COMMON LINE OF SAID
55.03 ACRE TRACT AND A 43.438 ACRE TRACT RECORDED IN VOLUME 5187, PAGE 204,
OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. ALSO BEING THE NORTHWEST
CORNER OF SAID 10.5905 ACRE TRACT.
THENCE N. 02°54'07" W. WITH THE COMMON LINE OF SAID 55.03 ACRE TRACT AND SAID
43.438 ACRE TRACT AT 874.24' PASS A 3/4" IRON ROD FOUND MARKING THE
SOUTHEAST CORNER OF UNITED GAS PIPE LINE COMPANY'S 5.00 ACRE TRACT
RECORDED IN VOLUME 2625, PAGE 273, DEED RECORDS OF HARRIS COUNTY, TEXAS,
CONTINUING FOR A TOTAL DISTANCE OF 1097.21' TO A 5/8" SET FOR THE NORTHWEST
CORNER OF HEREIN DESCRIBED TRACT, FROM WHICH A 3/4" IRON ROD FOUND BEARS
N. 02°54'07" W., 1.57'. ALSO BEING THE SOUTHWEST CORNER OF H. L. & P. COMPANY'S
3.114 ACRE TRACT RECORDED IN VOLUME 2589, PAGE 32, DEED RECORDS OF HARRIS
COUNTY, TEXAS.
THENCE N. 86°59'38" E. WITH THE SOUTH LINE OF SAID 3.114 ACRE TRACT AND
NORTH LINE OF HEREIN DESCRIBED TRACT A DISTANCE OF 903.25' TO A 1" IRON ROD
FOUND IN THE COMMON LINE OF AFORESAID BESSONETT SURVEY AND ROBERT
CAMERON SURVEY, MARKING THE NORTHEAST CORNER OF HEREIN DESCRIBED
TRACT.
THENCE S. 02019'49" E. WITH THE COMMON LINE OF SAID BESSONETT SURVEY AND
ROBERT CAMERON SURVEY A DISTANCE OF 1102.02' TO THE POINT OF BEGINNING OF
HEREIN DESCRIBED TRACT. CONTAINING 22.6621 ACRES OF LAND.
BEARINGS REFERENCE: TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE, HARRIS COUNTY R. O. W. DEED, VOL. 4056, PAGE 174, DEED RECORDS OF
HARRIS COUNTY, TEXAS.
FIELD NOTE DESCRIPTION
OF A 19.2509 ACRE TRACT OF LAND OUT OF A CALLED 43.438 ACRE TRACT RECORDED
IN VOL. 5187, PG. 204, DEED RECORDS OF HARRIS COUNTY, TEXAS, SITUATED IN THE
WILLIAM T. BESSONETT SURVEY, ABSTRACT 150, HARRIS COUNTY, TEXAS. MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT A 3/4" IRON ROD FOUND IN THE WEST LINE OF AFORESAID 43.438 ACRE
TRACT AND IN THE EAST LINE OF THE C. ELDON SAVAGE TRACT, CLERKS FILE No.
D827811, REAL PROPERTY RECORDS OF HARRIS COUNTY, TEXAS. ALSO BEING THE
SOUTHWEST CORNER OF UNITED GAS PIPELINE COMPANY 5.00 ACRE TRACT
RECORDED IN VOL. 2625, PG. 273, DEED RECORDS OF HARRIS COUNTY, TEXAS.
THENCE N.87°03'12" E ALONG THE SOUTH LINE OF SAID UNITED GAS PIPELINE
COMPANY 5.00 ACRE TRACT A DISTANCE OF 965.65 TO A 3/4" IRON ROD FOUND
MARKING THE NORTHEAST CORNER OF HEREIN DESCRIBED TRACT, THE SOUTHEAST
CORNER OF SAID 5.00 ACRE TRACT, AND BEING IN THE WEST LINE OF A 22.6621 ACRE
TRACT OUT OF A CALLED 55.03 ACRE TRACT RECORDED IN VOL. 5187, PG. 214, DEED
RECORDS OF HARRIS COUNTY, TEXAS,
THENCE S. 02°54'07' E. WITH THE COMMON LINE OF SAID 22.6821 ACRE TRACT
AND HEREIN DESCRIBED TRACT A DISTANCE OF 872.67' TO A 5/8" IRON ROD SET
MARKING THE SOUTHEAST CORNER OF HEREIN DESCRIBED TRACT AND SOUTHWEST
CORNER OF SAID 22.8621 ACRE TRACT. ALSO BEING THE NORTHWEST CORNER OF A
10.5905 ACRE HARRIS COUNTY FLOOD CONTROL DISTRICT TRACT, RECORDED UNDER
FILM CODE No. 034-75-0148, REAL PROPERTY RECORDS OF HARRIS COUNTY, TEXAS.
ALSO BEING THE NORTHEAST CORNER OF A 9.5447 ACRE TRACT.
THENCE S. 87°39'19" W. WITH THE COMMON LINE OF HEREIN DESCRIBED
TRACT AND SAID 9.5447 ACRE TRACT A DISTANCE OF 967.49' (CALLED 966.20~ TO A 5/8"
IRON ROD WITH CAP STAMPED (HARRIS COUNTY) MARKING THE SOUTHWEST
CORNER OF HEREIN DESCRIBED TRACT AND THE NORTHWEST CORNER OF SAID
9.5447 ACRE TRACT. ALSO BEING IN THE EAST LINE OF AFORESAID C. ELDON SAVAGE
TRACT.
THENCE N. 02°46'56" W. WITH THE COMMON LINE OF HEREIN DESCRIBED
TRACT AND SAID SAVAGE TRACT A DISTANCE OF 862.51' (CALLED 861.093 TO THE
POINT OF BEGINNING OF HEREIN DESCRIBED TRACT. CONTAINING 19.2509 ACRES OF
LAND.
FIELD NOTE DESCRIPTION
OF A 46.4838 ACRE TRACT OF LAND OUT OF A CALLED 81.8804 ACRE TRACT
CONVEYED TO HAHL INVESTMENT COMPANY OF HOUSTON, INC., BY DEED DATED
JULY 28, 1967, BY MARGARET A WAPLES, SAMUEL HEWES WAPLES AND RUTH G.
WAPLES FITZGERALD, SITUATED IN THE ROBERT CAMERON SURVEY, ABSTRACT 211,
HARRIS COUNTY, TEXAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT A POINT IN THE EAST LINE OF THE WILLIAM T. BESSONETT SURVEY,
ABSTRACT 150, AND THE WEST LINE OF THE ROBERT CAMERON SURVEY, ABSTRACT
211, AND WEST LINE OF AFORESAID 81.8804 ACRE TRACT, MARKING THE SOUTHWEST
CORNER OF THE ROBERT CAMERON SURVEY AND THE MOST WESTERLY
NORTHWEST CORNER OF THE H. T. & B. RAILROAD COMPANY SURVEY, ABSTRACT
410, AND SOUTHWEST CORNER OF HEREIN DESCRIBED TRACT, FROM WHICH A
CALLED AND FOUND 1/2" PIN TOP PIPE BEARS N. 43°56'15" W., 0.92'.
THENCE N. 02°19'49" W. WITH THE COMMON LINE OF SAID BESSONE'FI' SURVEY
AND THE CAMERON SURVEY AND WEST LINE OF SAID 81.8804 ACRE TRACT A
DISTANCE OF 1102.02' TO A CALLED AND FOUND 1" IRON ROD IN THE SOUTH LINE OF
H. L. & P. COMPANY 150' EASEMENT MARKING THE NORTHWEST CORNER OF HEREIN
DESCRIBED TRACT AND BEING THE SOUTHWEST CORNER OF H. L & P. COMPANY'S
6.429 ACRE TRACT RECORDED IN VOLUME 2604, PAGE 592, OF THE DEED RECORDS
OF HARRIS COUNTY, TEXAS.
THENCE N. 86°59'38" E. WITH THE NORTH LINE OF HEREIN DESCRIBED TRACT AND
THE SOUTH LINE OF SAID H. L. & P. 6.429 ACRE TRACT A DISTANCE OF 1828.15' TO A
5/8" IRON ROD FOUND MARKING THE NORTHEAST CORNER OF HEREIN DESCRIBED
TRACT. AND THE NORTHWEST CORNER OF HARRIS COUNTY'S 15.1720 ACRE TRACT
RECORDED UNDER FILM CODE No. 502-25-3004, REAL PROPERTY RECORDS OF
HARRIS COUNTY, TEXAS.
THENCE S. 02°27'49" E. WITH THE WEST LINE OF SAID 15.1720 ACRE TRACT AT
348.03' PASS THE SOUTHWEST CORNER OF SAID 15.1720 ACRE TRACT AND THE
NORTHWEST CORNER OF HARRIS COUNTY'S 33.5780 ACRE TRACT RECORDED UNDER
FILM CODE No. 196-24-0779, REAL PROPERTY RECORDS OF HARRIS COUNTY, TEXAS,
CONTINUING ALONG THE WEST LINE OF 33.5780 ACRE TRACT FOR A TOTAL DISTANCE
OF 1111.72' TO A FOUND 5/8" IRON ROD WITH/CAP STAMPED HARRIS COUNTY,
MARKING THE SOUTHEAST CORNER OF HEREIN DESCRIBED TRACT, THE SOUTHWEST
CORNER OF SAID 33.5780 ACRE TRACT AND BEING IN THE NORTH LINE OF A HARRIS
COUNTY 287.4598 ACRE TRACT RECORDED UNDER FILM CODE No. 091-93-1787. ALSO
BEING IN THE WESTERLY NORTH LINE OF THE H. T. & B, RAILROAD COMPANY
SURVEY, ABSTRACT 410.
THENCE S. 87"17'53" W. WITH THE NORTH LINE OF SAID 287.4598 ACRE TRACT A
DISTANCE OF 1830.65' TO THE POINT OF BEGINNING OF HEREIN DESCRIBED TRACT.
CONTAINING 46.4838 ACRES OF LAND.
BEARING REFERENCE: TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE, HARRIS COUNTY R. O. W. DEED, VOL. 4056, PG. 174, DEED RECORDS OF HARRIS
COUNTY, TEXAS.