Ord. 1183 10-11-04ORDINANCE NO. 1183
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 ROAD AND
UTILITY 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 road and utility
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
road and utility 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 road and utility 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
EXHIBIT
PARCEL 8
METES AND BOUNDS DESCRIPTION
2.731 ACRES OUT OF
LOT 19, L. W. MURDOCK SUBDIVISION
SECTION 2, A.C.H. & B. RR COMPANY SURVEY, ABSTRACT - 507
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 2.731 acres out of Lot 19, L. W. Murdock Subdivision according to the plat
thereof as filed in Volume 29, Page 174 Brazoria County Deed Records in Section 2, A.C.H. &
B. RR Company Survey, Abstract — 507, Pearland, Brazoria County, Texas and being out of that
certain tract described in a deed dated 12-14-1998 from Thomas P. Alexander and Bettye M.
Alexander to T & B Alexander Family Limited Partnership as filed in Official Records of Real
Property of Brazoria County at Clerk's File Number 98-053938 and being more particularly
described by metes and bounds as follows (bearings shown based on Texas Coordinate System,
South Central Zone [NAD 83]);
Commencing at a call and found 1/2" iron rod on the southwesterly right-of-way line of State
Highway Number 35 (width varies) as monumented and marking the northeast comer of said T
& B Alexander Family Limited Partnership tract and the southeast comer of that certain tract
described in a deed dated 06-20-1997 from Ren P. Rugby, Trustee to Jerome M. Karam, et al as
filed in Official Records of Real Property of Brazoria County at Clerk's File Number 97-023105;
Thence S 32° 12' 36" E — 7.85' continuing with the said southwesterly right-of-way line of State
Highway Number 35 to a set 5/8" iron rod with cap (stamped C.L. Davis-R.P.L.S. 4464)
marking the POINT OF BEGINNING of herein described tract;
1. Thence S 32° 12' 36" E — 236.91' continuing with the said southwesterly right-of-way line of
State Highway Number 35 to a set 5/8" iron rod with cap (stamped C.L. Davis-R.P.L.S.
4464) for corner marking a point on a non -tangent curve to the left having a radius of 45.00'
and a central angle of 90° 01' 33";
2. Thence with said curve an arc distance of 70.71' and a chord bearing and distance of N 77°
13' 23" W — 63.65' to a set 5/8" iron rod with cap (stamped C.L. Davis-R.P.L.S. 4464) for
corner;
3. Thence the following four (4) courses with the south right-of-way line of proposed County
Road 101 (Bailey Road);
4. Thence S 57° 45' 50" W — 270.73' to a set 5/8" iron rod with cap (stamped C.L. Davis-
R.P.L.S. 4464) marking the point of curvature of a curve to the right having a radius of
2,042.50' and a central angle of 02° 36' 03";
5. Thence with said curve an arc distance of 92.71' and a chord bearing and distance of S 59°
03' 52" W — 92.70' to a set 5/8" iron rod with cap (stamped C.L. Davis-R.P.L.S. 4464)
marking the point of reverse curvature of a curve to the left having a radius of 1,957.58' and
a central angle of 02° 36' 02";
6. Thence with said curve an arc distance of 88.85' and a chord bearing and distance of S 59°
03' 52" W — 88.85' to a set 5/8" iron rod with cap (stamped C.L. Davis-R.P.L.S. 4464)
marking the point of tangency of said curve;
11-421-63-Parcel 8 M&B.doc
7. Thence S 57° 45' 50" W — 405.25' to a set 5/8" iron rod with cap (stamped C.L. Davis-
R.P.L.S. 4464) for corner;
8. Thence N 03° 18' 54" W — 24.16' with the west line of said T & B Alexander Family
Limited Partnership tract and the east line of that certain tract described in a deed dated 10-
31-1988 from Doris Jean Nail Simon to Richard J. Burns & Bobby W. Shotwell, Partnership
as filed in Official Records of Real Property of Brazoria County at Volume (88)609, Page
727 to a point marking the southeast corner of that certain tract described in a deed dated 06-
04-1981 from John Alexander, Independent Executor & Trustee, et al to George Alexander
a/k/a Jud G. Alexander as filed in Volume 1597, Page 679 Brazoria County Deed Records
and marking that northeast corner of Lot 23 and the southeast corner of Lot 20 of said L. W.
Murdock Subdivision, from which point a found 1/2" iron rod bears S 42° 05' 54" W — 0.79'
for reference;
9. Thence N 03° 22' 32" W — 112.87' with the east line of said Lot 20, the east line of said
George Alexander tract, the west line of said Lot 19 and the west line of said T & B
Alexander Family Limited Partnership tract to a set 5/8" iron rod with cap (stamped C.L.
Davis-R.P.L.S. 4464) for corner;
10. Thence the following five (5) courses with the northerly right-of-way line of proposed
County Road 101 (Bailey Road);
11. Thence N 57° 45' 50" E — 94.23' to a set 5/8" iron rod with cap (stamped C.L. Davis-
R.P.L.S. 4464) marking the point of curvature of a curve to the left having a radius 1,981.50'
and a central angle of 06° 07' 08";
12. Thence with said curve an arc distance of 211.61' and a chord bearing and distance of N 54°
42' 16" E — 211.51' to a set 5/8" iron rod with cap (stamped C.L. Davis-R.P.L.S. 4464)
marking the point of reverse curvature of a curve to the right having a radius of 2,018.50' and
a central angle of 06° 07' 08";
13. Thence with said curve an arc distance of 215.56' and a chord bearing and distance of N 54°
42' 16" E — 215.46' to a set 5/8" iron rod with cap (stamped C.L. Davis-R.P.L.S. 4464)
marking the point of tangency of said curve;
14. Thence N 57° 45' 50" E — 270.84' to a set 5/8" iron rod with cap (stamped C.L. Davis-
R.P.L.S. 4464) marking the point of curvature of a curve to the left having a radius of 45.00'
and a central angle of 89° 58' 25";
15. Thence with said curve an arc distance of 70.67' and a chord bearing and distance of N 12°
46' 38" E — 63.62' to the POINT OF BEGINNING and containing 2.731 acres (118,947
square feet) of land more or less.
This metes and bounds description is accompanied by a separate plat, drawing or exhibit per
Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices"
Section 663.19(9).
Compiled by:
C.L. Davis & Company
Job Number: 11-421-63-Parcel 8 M&B.doc
02-04-2004
11-421-63-Parcel 8 M&B.doc
ORDINANCE NO. 1183
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 road and utility 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 llth day of
October , A. D., 2004.
ATTEST:
APPROVED AS TO FORM:
4„,,L_ it .ictlx,
DARRIN M. COKER
CITY ATTORNEY
2
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TOWrREID
MAYOR