Ord. 1197 01-10-05ORDINANCE NO. 1197
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. 1197
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 10th day of
January , A. D., 2005.
ATTEST:
APPROVED AS TO FORM:
G-L
DARRIN M. COKER
CITY ATTORNEY
2
p,„
TOM REID
MAYOR
HI_ L euoq 1C. 4. rr. L_ t 1 T Lib r•tH1-:LHNU c it hJc l Ub IU
A
City of Pearland
Barry Rose Road Project
Parcel 6
3.643 acre tract
STATE OF TEXAS
COUNTY OF BRAZORIA
Thomas J. Green Survey
Abstract-198
METES AND BOUNDS DESCRIPTION of a 3.643 acre tract in the Thomas J. Green Survey,
Abstract 198, Brazoria County, Texas. Said 3.843 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 Tine of said Thomas J. Green Survey;
THENCE, South 48619'46" 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 Cleric's File No. 93-021480 in the Brazoria
County Clerk's Office, and has a Texas State Plane grid inordinate 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 Clerk'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°20134', (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°5910', (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 4164121' 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;
o.. + 4.,. - nQ / i n fnnn A i i - n0 D„ M- - nn 1 o nn0
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RUG 12 2004 12:44 FR . .'r' OF PERRLAND 281 852 1706 TO 134820389 P.03iO3
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THENCE, North 4819'46' 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 13766650.62, E 3158167.62, 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.
2006 E. Broadway, Suite105
Peartand, Texas 77588
(281) 485-3991
Job No: 02-132
4PQLiL-
Michael D. Wilson, R.P.L.S.
Registration No. 4821
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