Ord. 1200 01-24-05 ORDINANCE NO. 1200
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, utility and
drainage 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, utility and drainage improvements on said property; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLANB, TEXAS:
Section 1. The City Council hereby finds and determines that a public
convenience and necessity exists for the construction of road, utility and drainage
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. 1200
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, utility and drainage
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 24th day of
January , A. D., 2005.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
2
City of Pearland
-20-
Metes and Bounds Description
Kirby Drive Right-of-Way
Parcel No. 21
11.775 Acres (512,929 Square Feet)
Obcdiah Pitts Survey, Abstract No. 626
Harris County, Texas
Description ofa I 1.775 acre (512,929 square feet) tract of land out of Lot 11, Block P of
the Allison-Richey Gulf Coast Homes Subdivision as recorded in Volume 3, Page 40 of
the Harris County Map Records, and being a portion of a tract described in a deed to
Richard B. Mayor, Thomas H. Mayor and James M. Mayor as recorded under Harris
County Clerk's File No. P197249, in the Obediah Pitts Sui'vey, Abstract No. 626, in
Harris County, Texas, said 11.775 acre tract being more particularly described as follows
(with bearings referenced to the Texas Coordinate System of 1983/1993, South Central
Zone, NAD83. All coordinates and distances shown are surface values and may be
converted to grid by multiplying each value by a combined scale factor of 0.999874333):
BEGINNING at a 1-inch iron pipe found on the southerly right-of-way line of Fmge
Road (a 40-foot wide right-of-way) at its intersection with the westerly line of said Lot 11
(X = 3,112,051.48, Y = 13,779,264.47), said point marks the northwest comer of this
tract;
THENCE, North 87° 25' 57" East, along the southerly right-of-way line of said Fmge
Road, a distance of 639.13 feet to a 5/8-inch iron rod with plastic cap stamped
"SURVCON INC" set in the westerly right-of-way line of Anagnost Road (a 40-foot
wide right-of-way), which marks the northeast comer of this herein described tract;
THENCE, South 02° 34'03" East, along the easterly line of this tract and the westerly
right-of-way line of said Anagnost Road, a distance of 808.90 feet to a point in the
centerline of Clear Creek and the southerly line of said Lot 11, which marks the southeast
comer of this tract;
THENCE, in a westerly direction, along the centerline of said Clear Creek, the following
courses and distances:
South 88° 00' 29" West, 12.65 feet;
North 86° 57' 59" West, 41.17 feet;
South 85° 56' 56" West, 65.96 feet;
South 86° 50' 14" West, 85.78 feet;
South 89° 47' 09" West, 198.29 feet;
Page I of 2
Integra Realty Resources - Houston
City of Pearland -21- September 13, 2004
South 87° 25' 56" West, 99.61 feet;
South 88° 36' 27" West, 136.09 feet to a point for the southwest comer of said
Lot 11 and the southwest comer of this herein described tract;
THENCE, North 02° 34' 03" West, along the westerly line of said Lot I 1 and this herein
described tract, a distance of 796.42 feet to the POINT OF BEGINNING and containing
a computed area of 11.775 acres (512,929 square feet) of land.
This description is based on a survey map dated July, 2004.
Prepared By:
SURVCON INC.
5757 Woodway, Suite I01 West
Houston, Texas 77057
Phone: 713/780/4123
Job No. 610523.0780
August 7, 2004
J5610523.0780 Kirby ROW Parccls~)oc s~.OW Paxcel 2t.doc
Page 2 of 2
Integra Realty Resources - Houston
City of Pearland - 19- September 13, 2004
Integra Realty Resources - Houston