Ord. 1197 01-24-05ORDINANCE 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 24th day of
January , A. D., 2005.
ATTEST:
UNG
TY S RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
ti
TOM REID
MAYOR
Metes and Bounds Description
Kirby Drive Right -of -Way
Parcel No. 6
0.4444 Acre (19,359 Square Feet)
James Hamilton Survey, Abstract No. 876
Harris County, Texas
EXHIBIT
•
Description of a 0.4444 acre (19,359 square feet) tract of land out of Lot 59-1/2, Block F,
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 called 2.0000 acre tract
described in a deed to Arthur Earl Bockel, Jr. as recorded under Harris County Clerk's
File No. E927196, in the James Hamilton Survey, Abstract No. 876, in Harris County,
Texas, said 0.4444 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 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set on
the northerly right-of-way line of Fruge Road (a 40-foot wide right-of-way) at its
intersection with the westerly line of Anagnost Road (a 40-foot wide right-of-way)
(X = 3,112,689.53, Y = 13,779,333.13), said point marks the southeast corner of the said
2.0000 acre tract and the southeast corner of this herein described tract;
THENCE, South 87° 25' 57" West, along the northerly right-of-way line of said Fruge
Road, a distance of 100.20 feet to a 5/8-inch iron rod with plastic cap stamped
"SURVCON INC" set for the southwest corner of this herein described tract;
THENCE, North 02° 34'03" West, along a westerly line of this tract, a distance of 10.00
feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set for corner;
THENCE, North 48° 41' 42" East, a distance of 32.76 feet to a 5/8-inch iron rod with
plastic cap stamped "SURVCON INC" set for corner at the beginning of a non -tangent
curve to the left;
THENCE, northeasterly, 169.12 feet along the westerly line of this tract and the arc of
said non -tangent curve to the left (central angle = 05° 34' 08"; radius = 1,740.00 feet;
chord bearing and distance = North 06° 49' 39" East, 169.05 feet) to a 5/8-inch iron rod
with plastic cap stamped "SURVCON INC" set for the end of said curve;
Page 1 of 2
THENCE, North 03° 44' 00" West, continuing along the westerly line of this tract, a
distance of 131.40 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC"
set for in the southerly line of a called 6.1517 acre tract described in a deed to D. R.
Bockel and wife, Evelyn Bockel as recorded under Harris County Clerk's File No.
L147215 and the northerly line of said 2.0000 acre tract, said point marks the northwest
corner of this herein described tract;
THENCE, North 87° 26' 27" East, along the southerly line of said 6.1517 acre tract and
the northerly line of said 2.0000 acre tract, a distance of 51.49 feet to a 1/2-inch iron rod
found for the northeast corner of said 2.0000 acre tract on the westerly right-of-way line
of said Anagnost Road;
THENCE, South 02° 15' 37" East, along the westerly right-of-way line of said Anagnost
Road, a distance of 328.65 feet to the POINT OF BEGINNING and containing a
computed area of 0.4444 acre (19,359 square feet) of land.
This description is based on a survey map dated September, 2004.
Prepared By:
SURVCON INC.
5757 Woodway, Suite 101 West
Houston, Texas 77057
Phone: 713/780/4123
Job No. 610523.0780
September 10, 2004
J:1610523.0780 Kirby ROW Parcels\Docs\ROW Parcel 06.doc
Page 2 of 2
FND. I.P.
D. R. BOCKEL & W/FE,
EVEL YN BOCKEL
CALLED 6. J517 ACRES
H.C.C.F. NO. L 147215
LOT 59-1/2
ARTHUR EARL BOCKEL, JR.
CALLED 2.0000 ACRES
H.C.C.F. NO. E927196
TOP OF BANK
FRUGE ROA
(40' R.O.W.)
VOL. 3, PG. 40 H.C.M.R.
TOP OF BANK
L5
1
MOBILE 1
HOME 1
EDGE PVMT
F/L DITCH
I hereby certify that this survey was mode on the ground and
completed in August, 2004, that this drowing accurately
representsthe facts found of the time of survey and that this
professional service substontiolly conforms to the current Texos
Society of Professional Surveyors Standards and Specifications
for o Category 16, Condition II Survey.
Robert W. Terry
Registered Profes of Surveyor No. 4420
/1-69 - o*
C
FND. 1/2" I.R.
0
PROPOSED
FENCE
120' R.O.W.
P.O.B.
X = 31 2689.53
Y = 13779333.13
ii
ALL /SON—R/C1
HOMES
VOL. .3, F
BL
LOT 5
SUS/E M.
H.C.C.F. NC
JAMES HAMILTI
OBEOIAH PITT
J: \610523.0780 Kirby ROW Parcels\Drafting\ROW Porcel Map 06.dwg 9/10/2004 8: 31: 33 AM CDT
JOHN ALEXANDER FAMILY
LIMITED PARTNERSHIP
FILE NO. 96-011144
B.C.C.O.
R.O.W. UNE
•
CITY OF PEARLAND
FILE NO. 93-021478
B.C.C.O.
R.O.W.
1+00 EDGE OF ASPHALT—" SURVElY +L
FND.
15/8" I.R.
BARRY ROSE ROAD (55' R.o.w.)
STA. 45+00
0 = 05'20'34"
R = 1,950.001' 1
L = 181.84'
CH = N 57'00'14" E,
181.77'
FND.
5/8" I.R.
—'T
20
T
0 = 17'59'10"
R = 2,050.00'
L = 643.53'
CH = N 50'40'56" E,
640.89'
4.137 ACRES
CITY OF PEARLAND
CLERK'S FILE NO. 04 003782
B.C.C.O.
1589.14'
FND.
5/8" I.R.
172.0566 ACRE
ROBERT L. ALEXANDER
VOL. 1725, PG. 120
B.C.D.R.
THIS SURVEY SUBSTANTIALLY COMPLIES WITH
CURRENT TEXAS SOCIETY OF PROFESSIONAL
SURVEYORS STANDARDS AND SPECIFICATONS
A CATEGORY 2, CONDITION II SURVEY.
DJW
MICHAEL D. WILSON R.P.LS.
TEXAS REGISTRATION NO. 4821
THE/_MICHWILSDN
FOR i90 4821 0i�
CICP10110¢
COPYRIGHT 2003. THE WILSON SURVEY GROUP. INC.
LEGEND
B.C.C.O. BRAZORIA COUNTY CLERK'S OFFICE
B.C.M.R. BRAZORIA COUNTY MAP RECORDS
FND. FOUND
R.C.P. REINFORCED CONCRETE PIPE
I.R. IRON ROD
P.T.P. PINCHED —TOP PIPE
POWER POLE
SIGN
ELECTRICAL BOX
• GRATE INLET
0GM
GAS METER
•MH MANHOLE
— �— OVER —HEAD ELECTRICAL
— 1— TOP BANK
— I1 — WOOD FENCE
NOTES:
1. BEARINGS SHOWN HEREON ARE BASED ON THE CITY OF
PEARLAND HORIZONTAL CONTROL MUNUMENTS. TEXAS STATE
PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE (NAD83).
2. THE COORDINATE SHOWN HEREON IS A GRID COORDINATE AND
IS BASED ON THE CITY OF PEARLAND G.P.S. MONUMENT NO. 1.
GRID COORDINATES - N 13,786,850.62, E 3,158,167.62, TEXAS
STATE PLANE COORDINATE SYSYTEM, SOUTH CENTRAL ZONE (NAD
83). SCALE FACTOR - 0.9998703.
3. A SEPARATE METES AND BOUNDS DESCRIPTION HAS BEEN
PREPARED IN CONNECTION WITH THIS SURVEY PLAT.
THE WILSON SURVEY GROUP
W G PROFESSIONAL LAND SURVEYORS
2008 E BROADWAY PEARLAND, TEXAS
(281) 485-3991 FAX (281) 485-3998
TURNER, COLLIE do • BRADEN
OA 06/01/04
"02 132
CAD FILL
c,ARNHCEL 6.d,4
C.LH
CKD
M.D.
SURVEY OF A 3.e43 ACRE TRACT FOR THE APPD
ROAD IMPROVEMENT PROJECT OF BARRY ROSE ROAD M.O.W.
IN THE CTY OF PEARLAND, BRAZORIA COUNTY, TEXAS SHEET 2 OF 2
LOT 76
-POINT OF
COMMENCING
100' DRAINAGE
EASEMENT
(DEDICATED
"---.BY PLAT)
73 LOT 7
N '19'46" W
148.19'
•
\<, 9).
,0\/.
NOTES:
•
LOT 6
LOT 72
S 48'19'46" E
120.00'
POINT OF 1. -
BEGINNING
SET 5/8" I.R.
N 13,772,517.89
E 3,155,144.45 N
SET
5/8"
•
I.R.
1. BEARINGS SHOWN HEREON ARE BASED ON THE CITY OF
PEARLAND HORIZONTAL CONTROL MUNUMENTS. TEXAS STATE
PLANE COORDINATE SYSTEM,SOUTH CENTRAL ZONE (NAD83).
2. THE COORDINATE SHOWN HEREON IS A GRID COORDINATE AND
IS BASED ON THE CITY OF PEARLAND G.P.S. MONUMENT NO. 1.
GRID COORDINATES - N 13,786,850.62, E 3,158,167.62, TEXAS
STATE PLANE COORDINATE SYSYTEM, SOUTH CENTRAL ZONE (NAD
83). SCALE FACTOR . 0.9998703.
3. A SEPARATE METES AND BOUNDS DESCRIPTION HAS BEEN
PREPARED IN CONNECTION PATH THIS SURVEY PLAT.
_ 1
41'41'21"
FND.
1/2" I.R.
4q
T- - l._- - fi--fi — — — II
100' DRAINAGE EASEMENT . .
FILE NO. 93-021480 I W
1 1 , B.C.C.O.Z
E 780.86' �-� 2
1-
PARCEL 6
3.643 ACRES
(158,668 SQ. FT.)
S 41'41'21" W
COPYRIGHT 2003, THE M1L50N SURVEY GROUP, INC.
144
i
THE WILSON SURVEY GROUP
w U-, PROFESSIONAL LAND SURVEYORS
2008 E BROADWAY PEARLAND, TEXAS
(281) 485-3991. FAX (281) 485-3998
TURNER. COLLIE & BRADEN
SURVEY OF A 3.843 ACRE TRACT FOR THE
ROAD IMPROVEMENT PROJECT OF BARRY ROSE ROAD.
IN THE aTY OF PEARLAND, BRAZORIA COUNTY, TEXAS
DATE
00/O1/04
JOB NO..
027132
O FILE
PARCEL 0.d•q
DWN
C.LH.
CKD
M.D.W.
APPD
SHEETI OF 2