HomeMy WebLinkAboutR-2002-27 acquisition of rights of ways/Bay Area Blvd construction 500' N of Spencer Hwy & 500' S of Fairmont Pkwy
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 20,2002
Source of Funds:
Requested By: John Joems
Account Number:
Department: Administration
Amount Budgeted:
Report: _Resolution: ~ Ordinance:_
Amount Requested:
Exhibits: Resolution with
Metes and Bounds Descriptions and Maps
Budgeted Item: YES
.
Summary and Recommendation
The City and Harris County are working together to extend Bay Area Blvd. from approximately
500 feet north of Spencer Highway to approximately 500 feet south of Fairmont Parkway.
According to a preliminary engineering report prepared by the County's engineering consultant,
additional right-of-way needs to be acquired to complete this project.
In August 2001, Council passed a Resolution authorizing the acquisition of certain property to
facilitate the construction of Bay Area Blvd. Since the passage of that resolution, changes have
been made to the proposed alignment of the roadway and additional property owners will be
affected by the project.
This Resolution authorizes Knox Askins, City Attorney to represent the City in the acquisition of
the property described in the attached metes and bounds descriptions. It further provides that in
the event the owners and the City cannot agree on fair market value of the property, the City
Attorney is authorized to initiate eminent domain proceedings to acquire the properties. Council
will be informed of any recommendation to initiate eminent domain proceedings.
This Resolution and attached documentation will be filed for record at the Harris County
Courthouse. This information will be picked up by future land title searches and therefore will
alert potential buyers of these properties that the City intends to acquire these properties for this
project.
The tracts referenced in this Resolution are located at the intersection of West Main and Sens
Road / Bay Area Blvd. The last exhibit attached to the Resolution is for a tract currently owner
by LPISD. Although this tract is not needed for the Bay Area Blvd. project, the future widening
of Sens Road will require this right-of-way tract.
Action Required by Council:
Consider approval of a Resolution authorizing the acquisition of rights-of-way for the
construction of Bay Area Blvd.
Approved for City Council Aeenda
CR~ T ~
Robert T. Herrera, City Manager
s- l 6, 0 d-
Date
RESOLUTION NO. 2002-~
A RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHTS-OF-WAY FOR ROAD
RIGHT-OF-WAY PURPOSES, FOR THE CONSTRUCTION OF BAY AREA BOULEVARD
FROM APPROXIMATELY 500 FEET NORTH OF SPENCER HIGHWAY TO
APPROXIMATELY 500 FEET SOUTH OF FAIRMONT PARKWAY, IN THE CITY OF LA
PORTE, CONTAINING A REPEALING CLAUSE, FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has found
and determined that public necessity requires the location of
rights-of-way for road right-of-way purposes on the hereinafter
described real property, in the City of La Porte, Harris County,
Texas, for the construction of Bay Area Boulevard from
approximately 500 feet north of Spencer Highway to approximately
500 feet south of Fairmont Parkway; and
WHEREAS, the City Council of the City of La Porte has found
and determined that rights-of-way over and across the hereinafter
described real property are suitable and needed for road right-of-
way purposes, and that it is necessary to acquire same for road
right-of-way purposes; and
WHEREAS, the City Council of the City of La Porte deems it
advisable to authorize, and does hereby authorize, Knox W. Askins,
City Attorney of the city of La Porte, or his designated
representative, to represent the City of La Porte in the
acquisition of the hereinafter described property;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1. That the said Knox W. Askins, as City Attorney for
the City of La Porte, or his designated representative, be and he
is hereby authorized to negotiate with the owners of the
hereinafter described land, concerning the acquisition by the City
of La Porte, of rights-of-way for road right-of-way purposes,
located in Harris County, Texas, said rights -of -way being more
particularly described on the several metes and bounds descriptions
and plats, attached hereto, incorporated by reference herein, and
made a part hereof for all purposes, at the fair market value for
same,
and should said City Attorney,
or his designated
representative, as the duly authorized representative of the City
of La Porte, be unable to agree with such owners as to the fair
market value of such rights-of-way, then, and in that event, said
attorney be, and he is hereby authorized and directed to file
against all owners and lienholders, proceedings in eminent domain
to acquire the above described property, for road right -of -way
purposes.
Section 2. Resolution No. 2001-07, passed and approved August
13, 2001, is hereby repealed, to the extent of conflict with this
Resolution.
section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this resolution and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 4. This Resolution shall be effective from and after
its passage and approval.
PASSED AND APPROVED this 20th day of May, 2002.
CITY OF LA PORTE
'~"I"" _ " y .~1,;_~n"~
r,45I~:" ..( ".:.l,:'-v'i-Y ('" \ ""
By:
Norman L. Malone, Mayor
ATTEST:
tJiaitk (j fitl11
Mar ha A. Gil ett, City,Secretary
APPR6V~'. /. . .;/. .
z;{;cd2'? f ~~
Knox W. Askins, City Attorney
2
Page 1 of 1
Tract 02
Bay Area Boulevard
PIN No. B/102/0399/001
METES AND BOUNDS
DESCRIPTION
DESCRIPTION OF 0.197 ACRES OR 8,580 SQUARE FEET BEING OUT OF A CALLED 3
ACRE TRACT AS CONVEYED BY PARTNERSHIP AGREEMENT DEED DATED JANUARY 12,
1985, FROM THOMAS H. SULLIVAN, EXECUTOR AND TRUSTEE, TO THE LA PORTE
PROPERTIES PARTNERSHIP AS RECORDED UNDER HARRIS COUNTY CLERK'S FILE
NUMBER J997395 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. SAID 0.197
ACRES BEING OUT OF LOT 80 OF THE LA PORTE OUTLOTS AS RECORDED IN VOLUME
59, PAGE 313, OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. SAID 0.197 ACRES
BEING SITUATED IN THE RICHARD PEARSALL SURVEY, ABSTRACT NUMBER 625,
HARRIS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS. (All bearings are based on the existing west right-of-way line of Bay
Area Boulevard (width varies) as recorded under Harris County Clerk's File Number E351190 of
the Deed Records of Harris County, Texas, dated December 13, 1974.)
BEGINNING at a 5/8 inch iron rod wfth a cap set for corner at the intersection of the south right-
of-way line of Spencer Highway (based on a 108 feet wide right-of-way, Volume 59, Page 313 of
the Deed Records of Harris County, Texas) and the west right-of-way line of Sens Road (26th
Street) (based on a 105 feet wide right-of-way, Volume 67, Page 1 of the Deed Records of Harris
County, Texas and Harris County Clerk's File Number E375198 of the Deed Records of Harris
County, Texas) said 5/8 inch iron rod also being the on the east line of said 3 acre tract, from
which a 1 1/2" iron bar was found east 4.35 feet and south 3.06 feet;
THENCE South 030 00' 26" East, along the west right-of-way line of said Sens Road and the east
line of said 3 acres a distance of 408.26 feet to a 5/8 inch iron rod with a cap set for corner in the
north line of a called 9.898 acre tract (Tract 2) conveyed by deed dated December 13, 1974 from
Stephen T. Cochran, Stedwell Johnston, Eugene B. Smith, and Winston W. Mcintosh, to the City
of La Porte as recorded under Harris County Clerk's File number E351190 of the Deed Record of
Harris County, Texas ;
THENCE South 860 25' 39" West, along the north line of said 9.898 acres, same being the south
line of said 3 acres, for a distance of 19.51 feet to a 5/8 inch iron rod with cap set for corner;
THENCE North 030 00' 26" West, for a distance of 373.43 feet to a 5/8 inch iron rod with cap set
for corner;
THENCE North 480 02' 11" West, for a distance of 49.47 feet to a 5/8 inch iron rod with a cap set
for cutback corner on the south right-of-way line of said Spencer Highway;
THENCE North 860 56' 05" East, along the south right-of-way line of said Spencer Highway, a
distance of 54.51 feet to the POINT OF BEGINNING of the herein described tract 0 . and
containing within these calls 0.197 acres or 8,580 square feet of land; \ OF l'
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"'-0 5007 ,'-.1/ ..'
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. ~ro "'S.... ..~~}:l
Tex.as egistration No. 5007 . . .. .. '. .~.~~",./
(ThiS metes and bounds descnptlOn was prepared In conjunction With a survey prepared . Land
Surveying, Inc., Project no. 00010, dated 2/19/01, revised 4/27/01, 3/28/02).
AND AND SEAL THIS THE 28TH DAY OF MARCH, 2002
Created by Land Surveying Inc.
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LAPORTE PROPERTIES PARttasHIP
BAY MfA. OOULlVARD ACOUISIlJON
sa. Fr. ACRES
PARENT 1RfCT
ADOOlONAt. RO...
SAN. SWR. rASaIOO'
130,680
8,580
1.8.n.
3.00
0.197
U.n.
EXHIBIT "B"
1RACT 2
Prepored by CIty of I.p Porte
Engineeflll9 DMsion
". tit; .......
Page 1 of 1
Tract 03
Bay Area Boulevard
PIN No. B/102/0399/001
METES AND BOUNDS
DESCRIPTION
DESCRIPTION OF 0.162 ACRES OR 7,065 SQUARE FEET, BEING OUT OF A CALLED
25.8292 ACRE TRACT AS CONVEYED BY DEED DATED APRIL 15,1981 FROM KENNETH R.
BRYAN, TRUSTEE TO LAWRENCE B. CHAPMAN, TRUSTEE, AS RECORDED UNDER
HARRIS COUNTY CLERK'S FILE NUMBER G933350 OF THE DEED RECORDS OF HARRIS
COUNTY, TEXAS. SAID 0.162 ACRES BEING OUT OF LOT 61 OF THE LA PORTE OUTLOTS,
RECORDED IN VOLUME 5, PAGE 313 OF THE DEED RECORDS OF HARRIS COUNTY,
TEXAS. SAID 0.162 ACRES BEING SITUATED IN THE RICHARD PEARSALL SURVEY,
ABSTRACT NUMBER 261, HARRIS COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS. (All bearings are based on the existing
west right-of-way line of Bay Area Boulevard (width varies) as recorded under Harris County
Clerk's File Number E351190 of the Deed Records of Harris County, Texas, dated December 13,
1974.)
BEGINNING at a 5/8 inch iron rod with a cap set at the intersection of the north right-of-way line
of Spencer Highway (based on a 108 feet right-of-way, Volume 59, Page 313 of the Deed
Records of Harris County, Texas) and the west right-of-way line of Sens Road (26th Street)
(based on a variable width, Harris County Clerk's File Number G818256 of the Deed Records of
Harris County, Texas and Volume 59, Page 313 of the Deed Records of Harris County, Texas).
Said 5/8 inch iron rod also being the southeast corner of said 25.8292 acres;
THENCE South 860 56' OS" West, along the north right-of-way line of said Spencer Highway and
the south line of said 25.8292 acres for a distance of 50.41 feet to a 5/8 inch iron rod with a cap
set for cutback corner;
THENCE North 41057' 49" East, leaving the north right-of-way line of said Spencer Highway and
with said cutback for a distance of 49.52 feet to a 5/8 inch iron rod with a cap set for cutback
corner in the west right-of-way line of proposed Sens Road;
THENCE North 030 00' 26" West, for a distance of 383.59 feet to a 5/8 inch iron rod with a cap
set for corner in the north line of said 25.8292 acres;
THENCE North 860 49' 20" East, along the north line of said 25.8292 acres for a distance of
15.41 feet to a 1-% inch iron pipe found for corner in the west line of said Sens Road;
THENCE South 030 00' 26" East, along the west right-of-way line of said Sens Road, and the
east line of said 25.8292 acres for a distance of 418.62 feet to the POINT OF BEGINNING of the
herein described tract of land and containing within these calls 0.162 acres or 7,065 square feet
of land;
D SEAL THIS THE 28th DAY OF MARCH, 2002
Created by Land SUIVeying Inc.
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LAWRENCE B. CHAPMAN. TRUSTEE
BAyAAEA BOUlEVARD ACQUIStTION
SQ. ft. ACRES
PARENT 1RACT
mnotW.. -(to.'.
SAN.SWR. .EASaIOO
.125.119.90 25.82$2
71J65 OJi2
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EXHIBIT "8"
TRACT 3
Prepared by City of l.o porte
Eng-meeting DivisilHl
_ 5/'JJm Ae ..~ .....
Page 1 of 1
Tract 04
Bay Area Boulevard
PIN No. B/102/0399/001
METES AND BOUNDS
DESCRIPTION
DESCRIPTION OF 0.159 ACRES OR 6,936 SQUARE FEET, BEING OUT OF A CALLED 6.6322
ACRE TRACT AS CONVEYED BY DEED DATED OCTOBER 29, 1981 FROM THOMAS H.
NATION, TRUSTEE TO LAWRENCE B. CHAPMAN, TRUSTEE, AS RECORDED UNDER
HARRIS COUNTY CLERK'S FILE NUMBER H205928 OF THE DEED RECORDS OF HARRIS
COUNTY, TEXAS. SAID 0.159 ACRES BEING OUT OF LOT 60 OF THE LA PORTE OUTLOTS,
RECORDED IN VOLUME 5, PAGE 313 OF THE DEED RECORDS OF HARRIS COUNTY,
TEXAS. SAID 0.159 ACRES BEING SITUATED IN THE RICHARD PEARSALL SURVEY,
ABSTRACT NUMBER 261, HARRIS COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS. (All bearings are based on the existing
west right-of-way line of Bay Area Boulevard (width varies) as recorded under Harris County
Clerk's File Number E351190 of the Deed Records of Harris County, Texas, dated December 13,
1974.)
COMMENCING at a 5/8 inch iron rod with a cap set at the intersection of the north right-of-way
line of Spencer Highway (based on a 108 feet right-of-way, Volume 59, Page 313 of the Deed
Records of Harris County, Texas) and the west right-of-way line of Sens Road (26th Street)
(based on a variable width, Harris County Clerk's File Number G818256 of the Deed Records of
Harris County, Texas and Volume 59, Page 313 of the Deed Records of Harris County, Texas).
Said 5/8 inch iron rod also being the southeast corner of a called 25.8292 acre tract conveyed by
deed dated April 15, 1981 from Kenneth R. Bryan, Trustee to Lawrence B. Chapman, Trustee as
recorded under Harris County Clerk's File number G933350 of the Deed Record of Harris County,
Texas;
THENCE North 030 00' 26" West, along the west right-of-way line of said Sens Road, and the
east line of said 25.8292 acres for a distance of 418.62 feet to a 1-1/2" iron pipe found for the
southeast corner of said 6.6322 acres and POINT OF BEGINNING of the herein described tract;
THENCE South 860 49' 20" West, along the south line of said 25.8292 acres for a distance of
15.41 feet to a 5/8 inch iron rod with cap set for corner;
THENCE North 030 00' 26" West, for a distance of 450.00 feet to a 5/8 inch iron rod with cap set
for corner in the north line of said 6.6322 acres;
THENCE North 860 49' 20" East, along the north line of said 6.6322 acres for a distance of 15.41
feet to a 1 inch iron rod found for corner in the west line of said Sens Road;
SEAL THIS THE 28TH DAY OF MARCH, 2002
Scot Lo
Regis
Texa egistration No. 5007
(This metes and bounds description was prepared in conjunction with a survey prepared by Land
Surveying, Inc., Project no. 00010, dated 2/19/01, revised 4/27/01, 3/28/02).
Created by Land SUrveying Inc.
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PARENT l'lWrr
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6..631
0.159
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"B"
EXHIBIT
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Prepared by City ()f tA Porte
Engine.ering .Oiv"_
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Page 1 of 2
Tract 05
Bay Area Boulevard
PIN No. B/102/0399/001
METES AND BOUNDS
DESCRIPTION
DESCRIPTION OF 0.003 TOTAL ACRES OR 118 TOTAL SQUARE FEET OF LAND OUT OF A
CALLED 2.403 ACRE TRACT AS CONVEYED BY DEED DATED MAY 8,1984 FROM BEN J.
FORTSON, TRUSTEE TO BRYAN MOORE, JR. AND DAVID MOORE, AS RECORDED UNDER
HARRIS COUNTY CLERK'S FILE NUMBER OF THE DEED RECORDS OF HARRIS COUNTY,
TEXAS. SAID 0.141 ACRES BEING OUT OF BLOCK 707 OF THE LA PORTE SUBDIVISION,
AS RECORDED IN VOLUME 67, PAGE 1, OF THE DEED RECORDS OF HARRIS COUNTY,
TEXAS. SAID 0.141 ACRES BEING LOCATED IN THE RICHARD PEARSALL SURVEY,
ABSTRACT NUMBER 625, HARRIS COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS. (All bearings are based on the existing
west right-of-way line of Bay Area Boulevard (width varies) as recorded under Harris County
Clerk's File Number E351190 of the Deed Records of Harris County, Texas, dated Dec.13, 1974.)
COMMENCING at a 5/8 inch iron rod with a cap set at the intersection of the north right-of-way
line of Spencer Highway (based on a 114 feet right-of-way, Harris County Clerk's File Number
D3045870f the Deed Records of Harris County, Texas) and the east right-of-way line of Sens
Road (26th Street) (based on a variable width, Harris County Clerk's File Number G818256 of the
Deed Records of Harris County, Texas and Volume 59, Page 313, of the Deed Records of Harris
County). Said 5/8 inch iron rod also being the southwest corner of said 2.403 acre tract;
THENCE North 030 00' 26" West, along the east right-of-way line of said Sens Road and the west
line of said 2.403 acres for a distance of 68.98 feet to a 5/8 inch iron rod with a cap set for corner;
TH~NCE North 070 17' 01" West, along the existing east right-of-way line of said Sens Road
(variable width right-of-way) for a distance of 328.71 feet to a 5/8 inch iron rod with a cap set for
the POINT OF BEGINNING of the herein described tract of land;
THENCE North 070 17' 01" West, continuing along the existing east right-of-way line of said Sens
Road for a distance of 56.42 feet to a 5/8 inch iron rod with a cap set for corner in the north line of
said North "A" Street (Volume 67, Page 1 of the Deed Records of Harris County, Texas)
(abandoned by the City of La Porte, Ordinance Number 1252) and the south line of a called 6.421
acre tract as conveyed by deed dated November 20, 1984, from Ben J. Fortson, Trustee to the
Du Pont La Porte Employees Federal Credit Union as recorded under Harris County Clerk's File
Number J820059 of the Deed Records of Harris County, Texas;
THENCE North 870 03' 03" East, along the north line of said 2.403 acres and the south line of
said 6.421 acres for a distance of 4.21 feet to a 5/8 inch iron rod with a cap set for corner;
THENCE South 030 00' 26" East, along the proposed east right-of-way line of said Sens Road for
a distance of 56.26 feet the POINT OF BEGINNING of the herein described parcel of I
containing within these calls 0.003 acres or 118 square feet of land. ~ OF t~
't'~ .~;:Tq.~
SEAL THIS THE 28 TH DAY OF MARCH, 2002 t;/;f(~ . ~....
...:.._...................
~COT LOWe
. ....::.. ~.I" 10 c......... ...:...
..... 5007~..
I{ '~~~ ","J!...O~
'fA. ..l!:.S.. ".,:...l:
Texas istration No. 5007 'riJ ..U9.,,'to~
(This etes and bounds description was prepared in conjunction with a survey prepare '
Surveying, Inc., Project no. 00010, dated 2/20/01 revised 4/27/01, 3/28/02).
Created by Land Surveying Illc.
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BRYANMOO~JR. ..t
DAVlfJtIOORE.
~y .ARf:A BOUI1.VARO ACOUJSmOtf
So. fr. AeRtS
PARENT nw:r
AODI11ONAl R.O.W.
104,6U.68
118
t..fO>>
Q.OO3
EXHIBIT "8"
TRACT 5
Prepared by City ct to Pone
Engineering lYlYi$ion
flllI!I,; ..
,~
Page 1 of 2
Tract 06
Bay Area Boulevard
PIN No. B/102/0399/001
METES AND BOUNDS
DESCRIPTION
DESCRIPTION OF 0.160 ACRES OR 6,984 SQUARE FEET, BEING OUT OF A CALLED 6.421
ACRE TRACT AS CONVEYED BY DEED DATED NOVEMBER 20, 1984, FROM BEN J.
FORTSON, TRUSTEE TO DU PONT LA PORTE EMPLOYEES FEDERAL CREDIT UNION AS
RECORDED UNDER HARRIS COUNTY CLERK'S FILE NUMBER J820059 OF THE CREDIT
DEED RECORDS OF HARRIS COUNTY, TEXAS. SAID 6.421 ACRES BEING ALL OF BLOCK
697, PART OF BLOCK 698 AND INCLUDING THE ALLEY CONTAINED THEREIN AND 24th
STREET, 25th STREET AND THE SOUTH 32.50 FEET OF NORTH "B" STREET AS
ABANDONED BY THE CITY OF LA PORTE (ORDINANCE NUMBER 1252, DATED MARCH
18,1981) AS RECORDED IN VOLUME 67, PAGE 1, OF THE DEED RECORDS OF HARRIS
COUNTY, TEXAS. SAID 6.421 ACRES BEING SITUATED IN THE RICHARD PEARSALL
SURVEY, ABSTRACT NUMBER 261, HARRIS COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. (All bearings are
based on the existing west right-of-way line of Bay Area Boulevard (width varies) as recorded
under Harris County Clerk's File Number E351190 of the Deed Records of Harris County, Texas,
dated December 13, 1974.)
COMMENCING at a 5/8 inch iron roa with a cap set at the intersection of the north right-of-way
line of Spencer Highway (based on a 114 feet right-of-way, Harris County Clerk's File Number
D304587 of the Deed Records of Harris County, Texas) and the east right-of-way line of Sens
Road (26th Street) (based on a variable width Harris County Clerk's File Number G818256 of the
Deed Records of Harris County, Texas and Volume 59, Page 313 of the Deed Records of Harris
County, Texas). Said 5/8 inch iron rod also being the southwest corner of a called 2.403 acre
tract as conveyed by deed dated May 8,1984, from Ben J. Fortson, Trustee to Bryan Moore, Jr.
and David Moore recorded under Harris County Clerk's File number J755803 of the Deed
Records of Harris County, Texas;
THENCE North 030 00' 26" West, along the east right-of-way line of said Sens Road and the west
line of said 2.403 acres for a distance of 68.98 feet to a 5/8 inch iron rod with a cap set for corner;
THENCE North 070 17' 01" West, along the existing east right-of-way line of said Sens Road for a
distance of 385.13 feet to a 5/8 inch iron rod with a cap set for corner in the north line of said
2.403 acres and in the south line of said 6.421 acres and being the POINT OF BEGINNING of
the herein described tract of land;
THENCE North 070 17' 01" West, continuing along the existing east right-of-way line of said Sens
Road, for a distance of 211.93 feet to a 5/8 inch iron rod with a cap set for corner;
THENCE North 030 00' 17" West, continuing along the existing east right-of-way line of said Sens
Road, passing at a distance of 36.12 feet a 5/8 inch iron rod was found east 0.18 feet, and
continuing for a total distance of 221.19 feet to a 5/8 inch iron rod with a cap set for corner, same
being in the north line of said 6.421 acres, from said 5/8 inch iron rod a 1 1/2 inch iron bar was
found east 0.47 feet;
THENCE North 860 59' 08" East, leaving the existing east right-of-way line of said Sens Road and
along the north line of said 6.421 acres for a distance of 20.00 feet to a 5/8 inch iron rod with a
cap set for corner in the proposed east right-of-way line of said Sens Road;
THENCE South 030 00' 26" East, along the proposed east right-of-way line of said Sens Road for
a distance of 432.54 feet to a 5/8 inch iron rod with a cap set for corner in the north line of said
2.403 acres and the south line of said 6.421 acres;
Created by Land Surveying Inc.
Z:\DocslLegaIsIOOO 1 Oltract6.doc
10f2
Page 2 of 2
Tract 06
Bay Area Boulevard
PIN No. B/102/0399/001
THENCE South 870 03' 03" West, along the north line of said 2.403 acres and the south line of
said 6.421 acres for a distance of 4.21 feet to the POINT OF BEGINNING of the herein described
tract of land and containing within these calls 0.160 acres or 6,984 square feet ofland.
WITNESS MY HAND AND SEAL THIS THE 28TH DAY OF MARCH, 2002 ;1'~
.- t~ Of rll~....,
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J/j"j . 1.1;;, :,)...",..:_..,\'t!;"to oJ..:1..." 011",("0" t'J 'l'~i1. ~:Illr. ~
Scot Lowe ' \~~ . -~3t: ;~~~"6~ ~~:~~:T/. :~!
Registere of~s ional Land Surveyor ,,,;: ' PC,;'., ,.'_ ~':",..'~f:\.'
Texas Istratlon No. 5007 ...'1 '., ~',;. "1~:~'
(This metes and bounds description was prepared in conjunction with a survey prepa ' >.. . ::',~
Surveying, Inc., Project no. 00010, dated 2/20/01, revised 4/09/02, 3/28/02)
Created by Land Surveying IlIc.
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FEoERAL CRtOlT . ... /\. ...
BAY AREA.. OOtJlEVARtl ~
SO. FT. ACRES
PARENT TR1CT 219.69$.76 6.421
ADOOJOtW. R.O.W. $.984 0.1to
EXH 181 T "8"
nw:r 6
Prepared by City of.UI porte
Engineer:ingOMsion
IlalI: ~ ,.. llo.l....
Page 1 of 1
Future ROW
Bay Area Boulevard/Sens Road
PIN No. B/102/0399/001
METES AND BOUNDS
DESCRIPTION
DESCRIPTION OF 0.4197 ACRES OR 18,284 SQUARE FEET, BEING OUT OF A TRACT
CALLED OUTLOTS 39,40,41 &42 AS CONVEYED BY DEED DATED AUGUST 8, 1997 FROM
DECKER McKIM, INC. TO LA PORTE INDEPENDENT SCHOOL DISTRICT TRUSTEE, AS
RECORDED UNDER HARRIS COUNTY CLERK'S FILE NUMBER S583257 OF THE DEED
RECORDS OF HARRIS COUNTY, TEXAS. SAID 0.4197 ACRES BEING OUT OF LOTS 40 AND
41 OF THE LA PORTE OUTLOTS, RECORDED IN VOLUME 59, PAGE 313 OF THE DEED
RECORDS OF HARRIS COUNTY, TEXAS. SAID 0.4197 ACRES BEING SITUATED IN THE
RICHARD PEARSALL SURVEY, ABSTRACT NUMBER 625, HARRIS COUNTY, TEXAS AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. (All
bearings are based on the existing west right-of-way line of Bay Area Boulevard (width varies) as
recorded under Harris County Clerk's File Number E351190 of the Deed Records of Harris
County, Texas, dated December 13,1974.)
BEGINNING at a 5/8 inch iron rod with a cap set for corner being located South 030 00' 26"
West, 30.00 feet from the intersection of the west right-of-way line of Sens Road also known as
26th Street (based on a 60' right-of-way, Vol. 59, Pg.13, H.C.D.R.) and Avenue "D" (based on a
80' right-of-way, Vol. 59, Pg.13, H.C.D.R.), said iron rod being the southeast corner of the City of
La Porte 30' X 30' lift station site;
THENCE South 030 00' 26" East, along the west right-of-way line of said Sens Road, and the
east line of said lots 40 and 41, for a distance of 894.45 feet to a 5/8 inch iron rod with a cap set
for corner;
THENCE South 86049' 20" West, along the south line of said Outlot 41, passing at a distance of
5.03 feet a 1" iron rod found for the northeast corner of a called 6.6322 acre tract conveyed by
deed dated October 29, 1981, from Thomas H. Nation Trustee, to Lawrence B. Chapman,
Trustee as recorded in Harris County Clerk's File number H205928 of the Deed Record of Harris
County, Texas, and continuing in all for a distance of 20.44 feet to a 5/8 inch iron rod with a cap
found for corner;
THENCE North 030 00' 26" West, along a line 20.00 feet west of and parallel with the west line of
said Sens Road Street (based on a 60' right-of-way, Vol. 59, Pg.13, H.C.D.R.) for a distance of
894.45 feet to a 5/8 inch iron rod with cap set for corner;
THENCE North 86049' 20" East, along a line 30.00 feet south of and parallel with the south line
of said Avenue "D", for a distance of 20.44 feet to the POINT OF BEGINNING of the herein
described tract of land and containing within these calls 0.4197 acres or 18,284 square feet of
land;
SEAL THIS THE 4TH DAY OF MAY, 2002
Created by Land Surveying Inc.
Z:\DocslLegalsIOOO I OIF ROW.doc
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EXHIBIT "8"
TRACT 7
Prepared by City of fA I'one
Eogineefmg OMIlOt!
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE, TEXAS 77572-1218
KNOX W. ASKINS
JOHN D. ARMSTRONG
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
CHARLES R. HUBER. JR.
Mr. Doug
Direct of Planning
City f La Porte
Ci Hall
L Porte, Texas
BOARD CERTIFIED - CIVIL TRIAL LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
CLARK T. ASKINS
(" ._ c<-
r
Dear Doug:
I am pleased to enclose herewith original recorded Agreement
between Fairmont Park Joint Venture and the City of La Porte,
releasing all of the stipulations, restrictions, covenants,
conditions, easements, reservations, right of reverter, right of
first refusal, and building setback line on the proposed City of La
Porte fire station site which is being acquired from the La Porte
Independent School District.
This Agreement was recorded on September 25, 2002, under Harris
County Clerk's File No. W102340.
Please furnish a copy of this Agreement to the surveyor, so that he
may note it on the legend of th~survey, and then please furnish
the original to' etary, to be placed in the
s permanent real estate records. '7
Yours very truly,
04
Knox W. Askins
City Attorney
city of La Porte
KWA: sw
Enclosure
cc: Mr. Joe Sease
Director of Emergency Services
City of La Porte
Mr. John Joerns
Acting City Manager
City of La Porte
M~ Martha Gillett
. Yity Secretary
VCity of La Porte