Ord. 1171 06-28-04ORDINANCE NO. 1171
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF DRAINAGE
IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN;
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER
CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO
ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION,
PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT
DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION
OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council recognizes that a public convenience and necessity
exists for the location, construction, operation, and maintenance of drainage improvements
on certain real property described herein; and
WHEREAS, accordingly, the City Council hereby acknowledges that it is in the
public's best interest to acquire fee simple title to certain property for the construction of
drainage improvements on said property; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The City Council hereby finds and determines that a public
convenience and necessity exists for the construction of drainage improvements on certain
real property located in Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition of right-
of-way, by donation, purchase, condemnation, or otherwise, of certain real property located
within the City and situated in Brazoria County, more particularly described in Exhibit "A",
attached hereto and incorporated herein for all purposes.
Section 3. The City Attorney, or his designee, and other City officials are hereby
authorized and directed, on behalf of the City to take such actions as are necessary to
ORDINANCE NO. 1171
acquire the property, described in Exhibit "A" and any improvements thereon, either by
donation, purchase or the exercise of the power of eminent domain.
Section 4. The City Council hereby declares that a public emergency exists for
the acquisition of said property as the construction of drainage improvements bears directly
upon the health, safety, and welfare of the citizenry; therefore this Ordinance shall be
passed finally on its first and only reading and shall take effect immediately upon its
passage and approval by the City Council.
PASSED and APPROVED on First and Only Reading this the 28th day of
June , A. D., 2004.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
City of Pearland
-20-
January 5, 2004
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City of Pearland
-21-
January 5, 2004
W. MARY'S CREEK
PARCEL I
STATE OF TEXAS H.T. & B.R.R. CO.
COUNTY OF BRAZORIA SURVEY. ABSTRACT 546
DESCRIPTION
Description of a 0.8970 acre (39,075 square feet) tract of land located in the H.T. & B.R.R. Co.
Survey, Abstract No. 546, Brazoria County, Texas, being part of that certain tract of land called
5.00 acres as conveyed to Marilyn Louise Bullard by deed recorded under Brazoria County
Clerk's File (B.C.C.F.) No. 02-017799, the subject 0.8970 acre tract of land being more
particularly described by metes and bounds as follows (with bearings referenced to the west line
of a called 128.9761 acre tract as described by the deed to P.T. & T., Ltd. recorded under
B.C.C.F. No. 02-037511):
COMMENCING at a 1/2-inch iron rod found in the east right-of-way line of Farm to Market
Road No. 1128 (based on a called width of 100 feet) marking the southwesterly corner of the
said 5.00 acre tract of land;
THENCE, N 00° 00' 53" W. along the east right-of-way line of Farm to Market Road No. 1128.
a distance of 55.11 feet to a capped 5/8-inch iron rod stamped "JNS ENGINEERS" set marking
the southwesterly comer and POINT OF BEGINNING of the herein described tract of land;
THENCE, N 00° 00' 53" W. continuing along the east right-of-way line of Farm to Market Road
No. 1128, a4listance of 100.12 feet to a capped 5/8-inch iron rod stamped "JNS ENGINEERS"
set for comer in the arc of a non -tangent curve;
THENCE, in a northeasterly direction along the arc of a curve to the left having an angle of 11 °
34' 40", a radius of 1,935.00 feet, an arc length of 391.01 feet and a chord bearing N 81°
22' 07" E, for a distance of 390.34 feet to a point for corner in the east line of said 5.00 acre
tract;
THENCE, S 00° 00' 53" E, along the east line of said 5.00 acre tract for a distance of 103.08 to a
point for comer in the arc of a non -tangent curve:
THENCE, in a southwesterly direction along the arc of a curve to the right having an angle of
10° 59' 41". a radius of 2.035.00 fed, an are length of 390.51 feet and a chord bearing of
S 81 ° 47' sr W, for a distance of 389.91 to the POINT OF BEGINNING and containing 0.8970
acres of land.
Integra Realty Resources - Houston
City of Pearland
-22-
January 5, 2004
This description is based upon the survey and plat of the property prepared by JNS Consulting
Engineers, Inc. dated September 24, 2002 and revised October 17, 2003.
DATE: October 17, 2003
JOB NO.: 227-05
JNS Consulting Engineers, Inc.
17171 Park Row, Suite 160
Houston, Texas 77084
(713)973-9139
gotOsafrc—
obert L. Boelsche
Registered Professional Land Surveyor No. 4446
H"Climt Cmapoodence2271227.O5sM&B. Pnthnd, W Mays Cieek..8970 M. 10.16433..dx
Page 2 of 2
Integra Realty Resources - Houston
City of Pearland
-23-
January 5, 2004
W. MARY'S CREEK ELT. & B.R.R. CO.
PARCEL 2
S IATE OF "TEXAS
COUNTY OF BRAZORIA SURVEY. ABSTRACT 546
DESCRIPTION
Description of a 17.465 acre tract of land located in the I I.T. & B.R.R. Co. Survey. Abstract No.
546. Brazoria County, Texas. being part of that certain tract of land called 35.93 acres as
conveyed to Marilyn Louise Bullard by deeds recorded under Brazoria County Clerk's Files
(B.C.C.F.) No. 92-028746, No. 93-046323. No. 93-046324. No. 94-045257, No. 95.042287, No.
95.042288, No. 96-045863 and No. 97-044957, the subject 17.465 acre tract of land being more
particularly described by metes and bounds as follows (with bearings referenced to the west line
of a called 128.9761 acre tract as described by thc dccd to P.T. & T.. Ltd. recorded under
B.C.C.F. No. 02-037511):
BEGINNING at a 1-inch iron rod found marking the northeast comer of the called 35.63 acre
tract and the northwesterly corner of the Marilyn Bullard called 20 acre tract known as Tract One
in the deeds recorded under B.C.C.F. No. 01-059045 and 02-017779:
THENCE, S 00° 05' 18" W. along the common line between the Marilyn Bullard tracts for a
distance of 1,320.55 feet to the southerly common corner of the said Bullard tracts in the existing
channel of Mfary's Creek, said point being in the northerly line of the Amended Plat of West Lea
as per plat recorded in Volume 10. Page 33 of the Brazoria County Map Records;
THENCE, S 89° 54' 07" W, with thc existing channel of Mary's Creek along the north line of
\Vest Lea subdivision and the south line of the aforementioned Marilyn Bullard 35.93 acre tract
for a distance of 633.14 feet to a point for corner;
TIIENCE, N 00° 00' 53" W, passing at a distance of 50.00 feet a capped 5/8-inch iron rod
stamped "JNS ENGINEERS" set for reference and continuing for a total distance of 916.17 feet
to a capped 518-inch iron rod stamped "JNS ENGINEERS" set for corner in the arc of a non -
tangent curve;
TIIENCE, in a southwesterly direction along the arc of a curve to the right having an angle of
06" 39' 36". a radius of 2,035.00 feet, an arc length of 236.54 feet and a chord bearing of S 72°
58' 18" W for a distance of 236.41 feet to a point for corner in the cast line of that certain
Marilyn Bullard tract called 5.00 acres and known as Tract Three in the aforementioned deed
recorded under B.C.C.F. No. 02-017779;
TFIENCE, N 00° 00' 53" W. along the east line: of said 5.00 acre tract, a distance of 103.08 f'ect
to a point for corner in the arc of a non -tangent curve;
Integra Realty Resources - Houston
City of Pearland
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January 5, 2004
THENCE, in a northeasterly direction along the arc of a curve to the left having an angle of
12' 28' 08". a radius of 1,935.00 feet, an arc length of 421.10 feet and a chord bearing
N 69` 20' 43" E for a distance of 420.27 feet to a capped 5 8-inch iron rod stamped "JNS
ENGINEERS" set marking a point of reverse curvature;
THENCE, in a northeasterly direction along the arc of a curve to the right having an angle of 12=
31' 09", a radius of 2,065.00 feet, an arc length of 451.21 feet and a chord bearing N 69' 22' 13" E
tier a distance of 450.31 feet to a capped 5/8-inch iron rod stamped "JNS ENGINEERS" set for
corner:
THENCE, N 00' 01' 27" E, a distance of 64.68 feet to a capped 5 8-inch iron rod stamped "JNS
ENGINEERS" set for corner in the northerly line of the aforementioned Marilyn Bullard 35.93
acre tract and the southerly line of that certain tract called 86.913 acres as described in the deed
to Pearland I.S.D. recorded under B.C.C.F. No. 95-022923;
THENCE, N 89' 57' 50" E. along the northerly line of the Marilyn Bullard 35.93 acre tract, a
distance of 46.76 feet to the POINT OF BEGINNING and containing 17.465 acres of land.
This description is based upon the survey and plat of the property prepared by JNS Consulting
Engineers, Inc. dated September 24. 2002 and revised October 17. 2003.
DATE: October 17, 2003
JOB NO.: 227-05
JNS Consulting Engineers, Inc.
17171 Park Row. Suite 160
Houston, Texas 77084
(713)973-9139
e 130./,(L_
Robert L. Boelsche
Registered Professional Land Surveyor No. 4446
7
1CCI!en! Correspondence "''_' 7-t5 _M 5 [3. W Mans Crt,. 1 7.4(5 acre, 1(1-10d)3.doe
Page 2 of
Integra Realty Resources - Houston
City of Pearland
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January 5, 2004
W. MARY'S CREEK
PARCEL 3
STATE OF TEXAS H.T. & B:R.11_ CO.
COUNTY OF BRAZORIA SURVEY, ABSTRACT 546
DESCRIPTION
Description of a 19.691 acre tract of land located in the H.T. & B.R.R. Co. Survey. Abstract No.
546, Brazoria County, Texas, being all of that certain tract of land called 20 acres as conveyed to
,Marilyn Louise Bullard by deeds recorded under Brazoria County Clerk's Files (B.C.C.F.) No.
01-059045 and No. 02-017799). the subject 19.693 acre tract of land being more particularly
described by metes and bounds as follows (with bearings referenced to the west line of a called
128.9761 acre tract as described by the deed to P.T. & T., Ltd. recorded under B.C.C.F. No. 02-
037511):
BEGINNING at a I -inch iron rod found marking the northerly cuntnton corner of the Marilyn
Bullard called 20 acre tract known as Tract One in the aforesaid dccds and that certain tract of
land called 35.93 acres conveyed to Marilyn Bullard by deeds recorded under B.C.C.F. No.92-
028746. 93-046323, 91-046324, 94-0,15257. 95-042287.95.042288, 96-045863 and 97-044957:
THENCE. S 89" 59' 25" E. along the northerly line of said Marilyn Bullard 20 acre 'i ract One,
passing at a distance of 103.24 fret a 'i -inch iron rod found 0.70 fret south of line marking the
southwest corner of West Oaks Village, Section 3, as per plat recorded in Volume 20, Page 371
and 372 of the Brazoria County Plat Records. and continuing along said northerly hnr for a
distance of 649.90 fcct to the northerly common corner between the 20 acre tracts known as
Tracts One and Two described in the aforementioned deals to Marilyn Bullard:
THENCE, S 00° 05' 18" W. along the common line between the Marilyn Bullard tracts, passing
at a distance of 19.95 fcct a 112-inch iron rod found for reference and continuing along the
common line for a total distance of 1.119. 33 feet to thc southerly comer of the said Bullard tracts
in the existing channel of Mary's Creek. said point being in the northerly lute ot'the Amended
Plat of West Lca as per plat recorded in Volume 10, Pagc 33 of thc Brazoria County Map
Records:
THENCE, S 89° 54' 07" W, with the existing channel of Mary's Creek along the north line of
West Lca subdivision and the south line of the aforementioned Marilyn Bullard Tract One, a
distance of 649.90 feet to thc southerly common comer with the aforementioned 35.93 acre tract:
THENCE, N 00: 05' IS" E, with the common line between the said 20 acre tract and the 35.93
acre tract for a distance of 1,320.55 to the POINT OF BEGINNING and containing 19.693 acres
of land.
Integra Realty Resources - Houston
City of Pearland
-26-
January 5, 2004
This description is based upon the survey and plat of the property prepared by JNS Consulting
Engineers, Inc. dated September 24, 2002 and revised October 17, 2003.
DATE: October 17, 2003
JOB NO.: 227-05
JNS Consulting Engineers, Inc.
17171 Park Row, Suite 160
Houston, Texas 77084
(713) 973-9139
L. 60128
Robert L. Boclschc
Registered Professional Land Surveyor No. 4446
ROZERT L. 80ELSCHE
:A 4448
II `('I cnt ('o(Stiy^un&ncc227 22 %.O ,1&a. I' s d 3, W hiar/t E0•17 J3 ek+s
Page 2 of 2
Integra Realty Resources - Houston
City of Pearland
-27-
January 5, 2004
W. MARTS CREEK
PARCEL 4
STATE OF TEXAS
H.T. & B.R.R. CO.
COUNTY OF BRAZORIA SURVEY, ABSTRACT 546
DESCRIPTION
Description of a 19.965 acre tract of land located in the H.T. & B.R.R. Co. Survey. Abstract No.
546, Brazoria County. Texas, being all of that certain tract of land called 20.00 acres as conveyed
to Marilyn Louise Bullard by deeds recorded under Brazoria County Clerk's Files (B.C.C.F.) No.
0I-059045 and No. 02-017799, the subject 19.965 acre tract of land being more particularly
described by metes and bounds as follows (with hearings referenced to the west line of a called
128.9761 acre tract as described by the deed to P.T. & T.. Ltd. recorded under B.C.C.F. No. 02-
037511):
BEGINNING at a 5/8-inch iron rod found marking the northeast corner of the Marilyn Bullard
called 20.00 acrc tract known as Tract Two in the aforesaid deeds and marking an angle point in
the west line of that certain tract of land called 13.748 acres in the deed to Houston Lighting and
Power Company recorded in Volume 1145, Page 921 of the Brazoria County Deed Records and
being in the south line of Reserve "A" of West Oaks Village, Section Two, as per plat recorded
in Volume 20, Page 44 of the Rrnxoria County Plat Records:
THENCE. S 00° 05' 18" W. along the conunon line between the Marilyn Bullard tract and the
Houston Lighting and Power Co. tract, passing at a distance of 1,263.08 feet a capped 518-inch
iron rod stamped "JNS ENGINEERS" set for reference and continuing along thc common line
for a total distance of 1,3 18.08 feet to the southeast corner of the said Dullard tract in the existing
channel of Mary's Creek, said point marking thc northeast comer of the Amended Plat of West
1.ca as per plat recorded in Volume 10, Page 33 of the Brazoria County Map Records:
THENCE, S 89° 54' 07" W, with the existing channel of Mary's Creek along the north line of
West Lea subdivision and the south line of the aforementioned Marilyn Bullard tract for a
distance of 659.49 feet to a point for comer;
THENCE. N 00° 05' 18" E, passing at a distance of 1,299.38 feet a 1/2-inch iron rod found for
reference and continuing for a total distance of 1,319.33 feet to a point for comer:
THENCE. S 89° 59' 25" E, a distance of 659.49 feet to the POINT OF' BEGINNING and
containing 19.965 acres of land.
Integra Realty Resources - Houston
City of Pearland
-28-
January 5, 2004
This description is based upon the survey and plat of the property prepuce! by JNS Consulting
Engineers. Inc. dated September 24, 2002 and revised October 16, 2003.
DATE: October 17, 2003
JOB NO.: 227.05
JNS Consulting Engineers, Inc.
17171 Park Row, Suite 160
Houston, Texas 77084
(713) 973-9139
Robert L. Boelschc
Registered Professional Land Surveyor No. 4446
•
ROBERT L EOELSCHE
t 4446 �..:
SURqS
IL CI.en Cirrt-Todaae',227h:27-0$4.1&B. Para <9. ®.874Jac
Page 2 of 2
Integra Realty Resources - Houston