Ord. 1195 01-10-05ORDINANCE NO. 1195
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 CITY
FACILITIES 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 City Facilities (Public
Works Service Center) 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
City Facilities 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 City Facilities 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 a
ORDINANCE NO. 1195
cquire 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 City Facilities 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 10th day of
January , A. D., 2005.
ATTEST:
APPROVED AS TO FORM:
RRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
EXHIBIT
METES AND BOUNDS DESCRIPTION
4.991 ACRES OUT OF
LOT 43
ALLISON—RICHEY GULF COAST HOME COMPANY'S PART OF
SUBURBAN GARDENS SUBDIVISION SECTION 20
PEARLAND, BRAZORIA COUNTY, TEXAS
drat ... 1
All that certain 4.991 acres being out of Lot 43 Allison —Richey Gulf Coast Home Company's
Part of Suburban Gardens Subdivision, Section 20 according to the plat thereof as filed in
Volume 2, Page 23-24 Brazoria County Plat Records, Pearland, Brazoria County, Texas and
being out of that certain tract as described in a deed dated 12-01-1955 from J. R. Herridge to
Jack A. Blasingame, et ux as filed in Volume 638, Page 613 Brazoria County Deed Records and
being more particularly described by metes and bounds as follows (bearings based on Texas
Coordinate System of 1983, South Central Zone 1993 Adjustment);
Beginning at a point marking the northwest comer of said Lot 43 and the southwest corner of
Addition to Houston Memorial Gardens, Inc. according to the plat thereof as filed in Volume 15,
Page 59-60 Brazoria County Plat Records;
1. Thence N 87° 07' 10" E with the south line of said Addition to Houston Memorial Gardens,
Inc. according to the plat thereof as filed in Volume 15, Page 59-60 and the common south
line of Lot 42 of said Allison —Richey Gulf Coast Home Company's Part of Suburban
Gardens Subdivision, Section 20 and north line of said Lot 43 passing at a distance of 20.00'
a found 1" iron pipe being located on the east line of the existing and monumented right-of-
way line of Hillhouse Road (width varies), passing at a distance of 30.83' a set 5/8" iron rod
with cap (C.L. DAVIS-RPLS 4464) and continuing a total distance of 830.35' (plat 831.30')
to a found 1" iron pipe for comer marking the common comer of Lots 42, 43, 57 & 58 of said
Allison —Richey Gulf Coast Home Company's Part of Suburban Gardens Subdivision,
Section 20 and the southwest corner of Addition to Houston Memorial Gardens, Inc.
according to the plat thereof as filed in Volume 15, Page 304 Brazoria County Plat Records
from which a found 1/2" iron rod in concrete bears S 30° 24' 34" E — 0.85';
2. Thence S 03° 10' 36" E — 261.59' with the common east line of said Lot 43 and west line of
said Lot 58 and west line of Addition to Houston Memorial Gardens according to the plat
thereof as filed in Volume 18, Page 247-248 Brazoria County Plat Records to a set 5/8" iron
rod with cap (C.L. DAVIS-RPLS 4464) for corner;
3. Thence S 87° 05' 41" W with the common south line of said Jack A. Blasingame, et ux tract
and the north line of that certain tract as described in a deed dated 12-03-1999 from Jack A.
Blasingame to Evelyn A. Blasingame as filed in Official Records of Real Property of
Brazoria County at Clerk's File Number 00-017939 passing at a distance of 800.88' to a set
5/8" iron rod with cap (C.L. DAVIS-RPLS 4464), passing at a distance of 810.82' a found 1"
iron pipe being located on the east line of the existing occupied and monumented right-of-
way line of said Hillhouse Road and continuing a total distance of 830.82' to a point for
corner;
11-421-83A 4.991 acres M&B.doc
0 l fqs
4. Thence N 03° 04' 19" W — 261.95' with the common east line of Lot 28 of said Allison —
Richey Gulf Coast Home Company's Part of Suburban Gardens Subdivision, Section 20 and
west line of said Lot 43 to the POINT OF BEGINNING and containing 4.991 acres (217,419
square feet) of land more or less.
0.120 acre of this tract is within the existing occupied and monumented right-of-way of said
Hillhouse Road.
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: 11-421-83A 4.991 acres M&B.doc
09-24-2004
11-421-83A 4.991 acres M&B.doc
0 11(6
City of Pearland
-16-
October 19, 2004
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