Ord. 1185 10-25-04ORDINANCE NO. 1185
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. 1185
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 25th day of
October , A. D., 2004.
ATTEST:
APPROVED AS TO FORM:
DaA.:- ht. 6-4_,
DARRIN M. COKER
CITY ATTORNEY
2
.„).:, I
TOM REID
MAYOR
City of Pearland
O'Day Road Trunk Sewer Project
Parcel 10
Trailer Trash I, LTD.
STATE OF TEXAS
COUNTY OF BRAZORIA §
H.T. & B. R. R. Survey, Section 6
Abstract-544
EXHIBIT
METES AND BOUNDS DESCRIPTION of a 0.289 acre tract in the H.T. & B.R.R. Survey,
Section 6, Abstract No. 544, Brazoria County, Texas. Said 0.289 acre tract is in Lot 36 of the
Allison -Richey Gulf Coast Home Company Subdivision of said Section 6 as recorded in Volume
136, Page 500 of the Brazoria County Deed Records and is further described as being in a
10.0013 acre tract described in a deed to Trailer Trash I, LTD. as recorded in Clerk's File No.
01-046035 in the Brazoria County Clerk's Office and is more particularly described by metes
and bounds as follows:
BEGINNING at the point of intersection of the east right-of-way line of O'Day Road, (based on a
width of 70 feet) with the common line of Lot 38 and Lot 36 of said Section 6, said point being
the southwest comer of said 10.0013 acre tract and has a Texas State Plane surface coordinate
of N 13,774,600.87, E 3,140,281.95 (South Central Zone, NAD83);
THENCE, North 03°01'48" West, along the east line of said O'Day Road for a distance of
420.20 feet to the northwest comer of the herein described tract, said point being in the
common line of Lot 34 and Lot 36 and is the northwest comer of said 10.0013 acre tract;
THENCE, North 86°58'12" East, along the north line of said 10.0013 acre tract, same being the
common line of said Lot 34 and Lot 36, for a distance of 30.00 feet to a 5/8-inch iron rod set for
the northeast comer of the herein described tract, said point being in the south line of a 5.0002
acre tract described in a deed to Albert James Milner as recorded in Clerk's File No. 00-014244
in the Brazoria County Clerk's Office;
THENCE, South 03°01'48" East, 30.00 feet east of and parallel to the aforementioned east line
of O'Day Road for a distance of 420.20 feet to a 5/8-inch iron rod set for the southeast comer of
the herein described tract, said point being in the south line of said 10.0013 acre tract, same
being the common line of Lot 36 and Lot 38 of the aforementioned Section 6;
THENCE, South 86°58'12" West, along the south line of said 10.0013 acre tract, same being
the common line of said Lot 36 and Lot 38, for a distance of 30.00 feet to the POINT OF
BEGINNING containing a computed area of 0.289 of an acre (12,606 square feet).
NOTE:
1. Bearings shown hereon are based on the City of Pearland Monumentation. Texas State
Plane Coordinate System, South Central Zone (NAD83).
2. The coordinate shown hereon is based on the City of Pearland G.P.S. Monument no. 7.
Surface coordinates = N 13771113.47, E 3139316.54, Texas State Plane Coordinate
System, South Central Zone (NAD83). Scale factor = .9998709.
3. A separate survey plat has been prepared in connection with this metes and bounds
description.
The Wilson Survey Group, Inc.
2006 E. Broadway, Suite105
Pearland, Texas 77588
(281) 485-3991
Job No: 03-152 4.
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MICHAEL D. WILSON
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Michael D. wilson, R.P.L.S.
Registration No. 4821
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