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Ord. 1191 12-13-04ORDINANCE NO. 1191 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. 1191 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 l3th day of December , A. D., 2004. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 TOM REID MAYOR Exhibit "A" HIJU 4:004 le.4J rr: I-1 I T Ur r'tHKLHNLI ebl Ordinance No. 1191 City of Peariand Barry Rose Road Project Parcel 6 3.643 acre tract STATE OF TEXAS COUNTY OF BRAZORIA BAH Thomas J. Green Survey Abstract-198 IT A METES AND BOUNDS DESCRIPTION of a 3.643 we tract in the Thomas J. Green Survey, Abstract 198, Brazoria County, Texas. Said 3.643 acre tract is in a 172.0566 acre tract of land described in a deed to Robert L Alexander as recorded in Volume 1725, Page 120 of the Brazoria County Deed Records and is more particularly described by metes and bounds as follows: COMMENCING at the north comer of Alexander Landing Subdivision, Section 4 as recorded in Volume 17, Pages 193-194 of the Brazoria County Plat Records, said point being in the southeasterly right-of-way line of Barry Rose Road (based on a width of 50 feet), same being the northwesterly line of said Thomas J. Green Survey; THENCE, South 4899'46" East, along the northeast line of said Alexander Landing Subdivision for a distance of 120.00 feet to the POINT OF BEGINNING, said point is the south comer of a 100-foot wide drainage easement as recorded in Clerk's File No. 93-021480 in the Brazoria County Clerk's Office, and has a Texas State Plane grid coordinate of N 13,773,100.71, E 3,155,663.68 (South Central Zone, NAD83; THENCE, North 41 °41'21* East, along the southeasterly line of said 100-foot wide drainage easement for a distance of 780_86 feet to a 5/8-inch iron rod found for the point of curvature of a curve the right, said point being the southwesterly comer of a 4.137 acre tract described in a deed to the City of Pearland as recorded in Cleric's File No. 04 003782 of the Brazoria County Deed Records; THENCE, along the southerly line of said 4.137 acre tract and with said curve to the right having a radius of 1,950.00 feet, a central angle of 05°20'34", (chord bears North 57'00'14" East, 181.77 feet), for an arc distance of 181.84 to a 5/8-inch iron rod found for the point of reverse curvature of a curve to the left; THENCE, continuing along said southerly line and with said curve to the left having a radius of 2,050.00 feet, a central angle of 17°59'10", (chord bears North 50°40'56' East, 640.89 feet), for an arc distance of 643.53 feet to a 5/8-inch iron rod found for the point of tangency of said curve and is the most northerly comer of the herein described tract THENCE, South 41641'21' West, 148.19 feet southeast of and parallel to the southeasterly line of the aforementioned 100-foot wide drainage easement for a distance of 1,589.14 feet to a 5/8- inch iron rod set in the northeasterly line of the aforementioned Alexander Landing Subdivision, said point being the most southerly comer of the herein described tract; R:n, time : 08/ 12/2004 11:28 Rx No .: 001 P.002 AUG 12 2004 12:44 FR CITY OF PERRLRND 281 652 1706 TO 97134620389 P.03/03 THENCE, North 48'19'461' West, along the northeast line of said Alexander Landing Subdivision for a distance of 148.19 feet to the POINT OF BEGINNING containing a computed area of 3.643 acres (158,668 square feet). NOTE: 1. Bearings shown hereon are based on the City of Peariand Monumentation. Texas State Plane Coordinate System, South Central Zone (NAD83). 2. The coordinate shown hereon is based on the City of Peariand G.P.S. Monument no. 1. Grid coordinates = N 13766650.82, E 3158167.52, Texas State Plane Coordinate System, South Central Zone (NAD83). Scale factor = .9998703. 3. A separate survey plat has been prepared in connection with this metes and bounds description. The Wilson Survey Group, Inc. 2008 E. Broadway, Suite105 Pearland, Texas 77588 (281) 485-3991 Job No: 02-132 Michael D. INiilson, R.P.L.S. Registration No. 4821 o, toil oil- Rx time:08/12/2004 11:29 Rx No .: 001 P.003 / B 3WHOIVII. .1 1 , �--� /\ off.{f rk wIJ&» 2.a / ) cor 2 e\¥\ § W� < ® CL WILT).- b�2 �)// a / �. 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