Ord. 1196 01-10-05ORDINANCE NO. 1196
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
ORDINANCE NO. 1196
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 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:
UNG
Y S'4 RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
l
TOM REID
MAYOR
EXHIBIT
METES AND BOUNDS DESCRIPTION
4.998 ACRES OUT OF
LOT 43 .
ALLISON—RICHEY GULF COAST HOME COMPANY'S PART OF
SUBURBAN GARDENS SUBDIVISION SECTION 20
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 4.998 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 12-03-1999 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 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 southwest comer of said Lot 43 and the southwest comer 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 03 ° 04' 19" W — 261.95' with west line of said Lot 43 to a point for corner;
2. Thence N 87° 05' 41" E with the common north line of said Evelyn A. Blasingame tract and
the south line 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, passing at a distance of 20.00' a found 1" iron pipe being located on the east
line of the existing occupied and monumented right-of-way line of Hillhouse Road (width
varies), passing at a distance of 29.94" to a set 5/8" iron rod with cap (C.L. DAVIS-RPLS
4464) and continuing a total distance of 830.82' (deed=831.30') to a set 5/8" iron rod with
cap (C.L. DAVIS-RPLS 4464) for corner;
3. Thence S 03° 10' 36" E — 261.95' 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 point for
comer (unable to set comer due to fence posts);
4. Thence S 87° 05' 41" W with the common north line of that certain tract as described
deed dated 01-04-1979 from Suzanne O. Wilson, et con to Andrew Simmons, et ux as filed
in Volume 1442, Page 872 Brazoria County Deed Records and south line of said Lot 43,
passing at a distance of 1.89' a found 5/8" iron rod, passing at a distance of 2.50' a call and
found concrete monument for reference point, passing at a distance of 802.26' a set 5/8" iron
rod with cap (C.L. DAVIS-RPLS 4464), passing at a distance of 811.30' a found concrete
monument being located on the east line of the existing occupied and monumented right-of-
way line of said Hillhouse Road from which a found 1-1/2" iron pipe bears S 49° 54' 31" W
— 0.35', and a total distance of 831.30' to the POINT OF BEGINNING and containing 4.998
acres (217,695 square feet) of land more or less.
11-421-83B 4.998 acres M&B.doc
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: 11-421-83B 4.998 acres M&B.doc
09-24-2004
11-421-83B 4.998 acres M&B.doc
61%
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