Ord. 1184 10-11-04ORDINANCE NO. 1184
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
ORDINANCE NO. 1184
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:
YO LORFI
CIT SECRET P RY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
RobnjL BarN�
EXHIBIT
PARCEL 6
METES AND BOUNDS DESCRIPTION
5.059 ACRES OUT OF
LOTS 22-B AND 23, L. W. MURDOCK SUBDIVISION
SECTION 2, A.C.H. & B. RR COMPANY SURVEY, ABSTRACT - 507
PEARLAND, BRAZORIA COUNTY, TEXAS
A
All that certain 5.059 acres out of Lots 22-B and 23, L. W. Murdock Subdivision as filed in
Volume 29, Page 174 Brazoria County Deed Records in the 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 10-31-1988 from Doris Jean Nail Simon to Richard J. Bums & Bobby W. Shotwell,
Partnership as filed in Official Records of Real Property of Brazoria County at Volume (88)609,
Page 727 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 5/8" iron rod marking the northwest corner of that certain tract
described in a deed dated 12-26-1991 from George Alexander a/k/a Jud G. Alexander, et ux to
Jud's Food Stores, Inc. as filed in Official Records of Real Property of Brazoria County at
Clerk's File Number 94-004500, and marking the southwest corner of said Lot 22-B, and the
southwest corner of said Richard J. Burns and Bobby W. Shotwell, Partnership tract and said
point being on the easterly right-of-way line of the Burlington Northern & Santa Fe Railroad
(100' wide); Thence N 86° 41' 06" E — 23.48' with the south line of said Richard J. Burns and
Bobby W. Shotwell, Partnership tract and the north line of said Jud's Food Stores, Inc. tract 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 the following three (3) courses with the northerly right-of-way line of proposed
County Road 101 (Bailey Road);
2. Thence N 57° 45' 50" E — 352.40' to a set 5/8" iron rod with cap (stamped C.L. Davis-
R.P.L.S. 4464) for corner;
3. Thence N 74° 18' 55" E — 351.03' to a set 5/8" iron rod with cap (stamped C.L. Davis-
R.P.L.S. 4464) for comer;
4. Thence N 57° 45' 50" E — 909.23' to a set 5/8" iron rod with cap (stamped C.L. Davis-
R.P.L.S. 4464) for corner;
5. Thence N 86° 41' 06" E — 204.40' with the south line of Lot 20 of said L. W. Murdock
Subdivision, the south line 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 617 Brazoria County Deed Records, the north line
of said Lot 23 and the north line of said Richard J. Burns and Bobby W. Shotwell,
Partnership tract to a point for comer from which a found 1/2" iron rod bears S 42° 05' 54"
W — 0.79' for reference;
11-421-63-Parcel 6 M&B.doc
6. Thence S 03° 18' 54" E — 24.16' with the east line of said Lot 23, the west line of Lot 19 of
said L. W. Murdock Subdivision and the west line 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 to a set 5/8" iron rod with cap (stamped C.L. Davis-
R.P.L.S. 4464) for corner;
7. Thence S 57° 45' 50" W — 1,084.70' with the south right-of-way line of proposed County
Road 101 (Bailey Road) to a set 5/8" iron rod with cap (stamped C.L. Davis-R.P.L.S. 4464)
for corner;
8. Thence S 40° 49' 35" W — 190.35' continuing with the south right-of-way line of proposed
County Road 101 (Bailey Road) to a set 5/8" iron rod with cap (stamped C.L. Davis-R.P.L.S.
4464) for corner;
9. Thence S 86° 41' 06" W — 569.59' with the south line of said Richard J. Burns and Bobby
W. Shotwell, Partnership tract and the north line of said Jud's Food Stores, Inc. tract, also
being the south line of said Abstract — 507 and the north line of the H. Stevens Survey,
Abstract — 594 to the POINT OF BEGINNING and containing 5.059 acres (220,367 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 6 M&B.doc
02-04-2004
11-421-63-Parcel 6 M&B.doc