Ord. 1192 12-13-04 ORDINANCE NO. 1192
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-
o¢-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. 1192
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 13th day of
December' ., A. D., 2004.
ATTEST:
¢ S EC;t~TAI~Y
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
2
Tract No. 7
Detention Pond Trac~
Oakbrook Estates, Ltd.
W.D.C. Hall League
Abstract No. 70
Exhibit "A"
Ordinance No. '1192
STATE OF TEXAS §
COUNTY OF BRAZORIA §
METES AND BOUNDS DESCRIPTION of a 69.179 acre tract in the W.D.C. Hall League,
Abstract No. 70 in Brazoda County, Texas. Said 69.179 acre tract is a part of Lots 23, 24 and 25
and all of Lots 26, 27, 28, 29 and 30 (inclusive) in the Narregang's Subdivision as recorded in
Volume 1, Page 92 of the Brazoda County Map Records. Said tract is further described as
being a 69.4453 acre tract described in a deed to Oakbrook Estates, Ltd. as recorded in Clerk's
File No. 03 003446 in the Brazoda County Clerk's Office and is more particularly described by
metes and bounds as follows:
COMMENCING at 2-inch iron pipe found at the point of intersection of the southeasterly line of
Shadycrest Subdivision as recorded in Volume 8, Page 95 of the Brazoda County Map Records,
same being the northwesterly line of said Narregang's Subdivision, with the southerly right-of-
way line of F.M. 518, (a.k.a. East Broadway, based on a width of 100 feet);
THENCE, South 41°36'04" West, along the common line between said Narregang's Subdivision
and said Shadycrest Subdivision for a distance of 784.86 feet to a 5/8-inch iron rod set for the
POINT OF BEGINNING and north comer of the herein described tract, said point being the
common northwesterly comer of the aforementioned Lot 30 and Lot 31 and has a State Plane,
surface coordinate of N 13,767,200.49, E 3,162,136.74;
THENCE, South 48°19'01 East, along the common line between said Lots 30 and 31 for a
distance of 1,038.18 feet (called 1,041.00 feet) to a 5/8-inch iron rod set for the east corner of
the herein described tract, said point is the common southeasterly comer of said Lots 30 and 31
and is the north comer of Oakbrook Subdivision, Section Three as recorded in Volume 19, Page
245 in the Brazoria County Plat Records;
THENCE, South 41°39'28" West, along the southeast line of said Narregang's Subdivision,
same being the northwest line of said Oakbrook Subdivision, Section Three and northwest line
of Oakbrook Subdivision, Phase Two as recorded in Volume 18, Page 383 in the Brazoria
County Plat Records, crossing the centerline of Mary's Creek at 2,311.88 feet and continue for a
total distance of 2,452.14 feet to a 5/8-inch iron rod set for the south comer of the herein
described tract, from which a found 5/8-inch iron rod bears South 57009'27, East, 1.50 feet,
same being the most northerly northeast corner of Oakbrook Estates, Section One as recorded
in Volume 19, Page 343 in the Brazoria County Plat Records;
THENCE, South 82°55'06" West, along the north line of said Oakbrook Estates, Section One for
a distance of 565.61 feet to 5/8-inch iron rod found for a southerly comer of the herein described
tract, said point being the north comer of said Oakbrook Estates, Section One and northeast
comer of Oakbrook Estates, Section Five as recorded in Volume 23, Page 243 in the Brazoria
County Plat Records;
THENCE, North 79°44'03'' West, along the north line of said Oakbrook Estates, Section Five for
a distance 182.25 feet to a 5/8-inch iron rod found for a southerly comer of the herein described
tract, said point being a northerly corner of said Oakbrook Estates, Section Five;
THENCE, North 65008'27" West, continuing along the northerly line of said Oakbrook Estates,
Section Five for a distance of 298.37 feet to a 5/8-inch iron rod found for a southerly comer of
the herein described tract, said point being a northerly corner of said Oakbrook Estates, Section
Five;
THENCE, North 80019'58" West, continuing along the northerly line of said Oakbrook Estates,
Section Five for a distance of 265.69 feet to a 5/8-inch iron rod set for the west comer of the
herein described tract, said point being the north corner of said Oakbrook Estates, Section Five,
and is in the' aforementioned northwest line of Narregang's Subdivision, same being the
aforementioned southeast line of Shadycrest Subdivision;
THENCE, North 41°40'59" East, along the common line between said Narregang's Subdivision
and said Shadycrest Subdivision, at a distance of 54.00 feet pass the centedine of Mary's Creek
and continue for a total distance of 3,199.71 feet to the POINT OF BEGINNING, containing a
computed area of 69.179 acres (3,013,413 square feet).
NOTE:
1.
All Beadngs and coordinates are based on the Texas State Plane coordinate system,
south central zone, NAD 83, 1993 adjustment; all distances and coordinates shown
are surface and may be converted to gdd by multiplying by a combined adjusted
factor of 0.999870.
2. A separate survey plat has been prepared in connection with this description.
The Wilson'Survey Group, Inc.
2006 East Broadway, Suite 105
Pearland, Texas 77581 /~~~ [ Michael D. Wilson, R.P.L.S.
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COPYRIGHT 2003, THE