Ord. 1198 01-24-05 ORDINANCE NO. 1198
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. 1198
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:
/TYS F..,,~ R ETARY"
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
2
City of Pearland - 19-
Metes and Bounds Description
Kirby Drive Right-of-Way
Parcel No. 17
0.3149 Acre (13,718 Square Feet)
James Hamilton Survey, Abstract No. 876
Harris Cognty, Texas
Description ora 0.3149 acre (13,718 square feet) tract of land out of Lot 22, Block F, of
thc 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 A. Martini as recorded under Harts County Clerk's File No. P233619, in the
James Hamilton Survey, Abstract No. 876, in Harts County, Texas, said 0.3149 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 1/2-inch iron md found on the westerly right-of-way line of Anagnost
Road (a 40-foot wide fight-of-way) (X = 3,112,541.38, Y = 13,783,144.34), at its
intersection with thc southerly line of the said Richard A. Martini tract and the northerly
line of a called 38.773 acre tract described in a deed to Kirby BW8, Ltd. as recorded
under Harris County Clerk's File No. X008038;
THENCE, South 87° 33' 54" West, along the northerly line of said 38.773 acre tract and
the southerly line of the said Richard A. Martini tract, a distance of 41.30 feet to a
5/8-inch iron rod with plastic cap stamped "SURVCON INC' set for the southwest
comer of this herein described tract;
THENCE, North 02° 17' 03" West, along the westerly line of this tract, a distance of
270.71 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set for an
angle point;
THENCE, North 09° 50' 04" West, continuing along said westerly line, a distance of
59.78 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set for the
northwest comer of this tract, same point being the most southerly southwest comer of a
called 1.44 acre tract described in a deed to the State of Texas as recorded under Harris
County Clerk's File No. L557496;
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Integra Realty Resources - Houston
City of Pearland -20- September 13, 2004
THENCE, North 87° 33' 54" East, along the southerly line of said 1.44 acre tract and the
northerly line of the said Richard A. Martini tract, a distance of 48.28 feet to a 5/8-inch
iron rod with plastic cap stamped "SURVCON [NC" set on the westerly fight-of-way line
of said Anagnost Road which marks the northeast comer of this herein described tract;
THENCE, South 02° 26' 06" East, along th.e westerly right-of-way line of said Anagnost
Road, a distance of 330.00 feet to the POINT OF BEGINNING and containing a
computed ama of 0.3149 acre (13,718 square feet) of land.
This description is based on a survey map dated July, 2004.
Prepared By:
SURVCON INC.
5757 Woodway, Suite 101 West
Houston, Texas 77057
Phone: 713/780/4123
Job No. 610523.0780
August 7, 2004
J:~10523.0780 Kirby ROW Parcels\Docs~ROW Parcel 17.doc
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Integra Realty Resources - Houston
City of Pearland - 18- September 13, 2004
ANAGNOST ROAD
KIRBY DRIVE
Integra Realty Resources - Houston