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Ord. 1199 01-24-05ORDINANCE NO. 1199 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 Exhibits "A", "B" and "C" 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. 1199 acquire the property, described in Exhibits "A", "B" and "C" 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%'! I G, Y S'' ' ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 TOM REID MAYOR City of Pearland -19- EXHIBIT M A' Metes and Bounds Description Kirby Drive Right -of -Way Parcel No. 20 0.7826 Acre (34,092 Square Feet) James Hamilton Survey. Abstract No. 876 Harris County, Texas Description of a 0.7826 acre (34,092 square feet) tract of land out of Lots 58 and 58-1/2, 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 2-1/2 acre tract described in a deed to Bill E. Davis and wife, Lynette C. Davis as recorded under Ilarris County Clerk's File No. H052446, and out of a called 3-1/2 acre tract described in a deed to said Bill E. Davis and wife as recorded under Harris County Clerk's File No. V 114103, said 0.7826 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 line of the said 2-1/2 acre tract (X = 3,112,696.24, Y = 13,780,177.26) at the point where said northerly line intersects the easterly right-of-way line of Anagnost Road (a 40-foot wide roadway) as shown on the said plat of Allison -Richey Gulf Coast Homes Subdivision, from which a 5/8-inch iron rod found for the northwest corner of said 2-1/2 acre tract bears South 87° 50' West, a distance of 19.86 feet; THENCE, North 87° 25' 57" East, along the northerly line of said 2-1/2 acre tract, same being the southerly line of a called 60.0 acre tract described in a deed to LNR Clear Creek Spectrum Limited Partnership as recorded under Harris County Clerk's File No. W982043, a distance of 57.22 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set for the most northerly northeast corner of this herein described tract; THENCE, South 02° 17' 03" East, along an easterly line of this tract, a distance of 71.95 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set for an angle point; THENCE, South 47° 17' 03" East, a distance of 28.28 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set for an angle point; THENCE, North 87° 42' 57" East, along a northerly line of this tract, a distance of 90.00 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set for the most easterly northeast comer of this herein described tract; Page 1 of 2 Integra Realty Resources - Houston City of Pearland -20- September 13, 2004 THENCE, South 02° 17' 03" East, along the most easterly line of this tract, a distance of 100.00 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set for the most easterly southeast corner of this herein described tract; THENCE, South 87° 42' 57" West, along a southerly line of this tract, a distance of 90.00 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set for an angle point THENCE, South 42° 42' 57" West, a distance of 28.28 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set for an angle point; THENCE, South 02° 17' 03" East, along an easterly line of this tract, a distance of 184.04 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set in the southerly line of the said 3-1/2 acre tract which marks the most southerly southeast corner of this herein described tract; THENCE, South 87° 25' 57" West, along the southerly line of the said 3-1/2 acre tract, a distance of 57.38 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set in the easterly line of said 40-foot wide roadway which marks the southwest comer of this tract; THENCE, North 02° 15' 37" West, along the easterly right-of-way line of said 40-foot wide roadway, a distance of 396.00 feet to the POINT OF BEGINNING and containing a computed area of 0.7826 acre (34,092 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 July 26, 2004 1:\610523.0780 Kirby ROW Parcels \Dots\ROW Parcel 20.doc Page 2 of 2 Integra Realty Resources - Houston City of Pearland -22- Metes and Bounds Description Kirby Drive Right -of -Way Parcel No. 8 0.2555 Acre (11,130 Square Feet) James Hamilton Survey, Abstract No. 876 Harris County, Texas Description of a 0.2555 acre (11,130 square feet) tract of land out of Lot 59, 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 6.1517 acre tract described in a deed to Billy Edwin Davis and wife, Lynette -Claire Davis as recorded under I Iarris County Clerk's File No. G089993, in the James Hamilton Survey, Abstract No. 876, in Harris County, Texas, said 0.2555 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 westerly right-of-way line of Anagnost Road (a 40-foot wide right-of-way) (X = 3,112,668.24, Y = 13,779,872.56) which marks the southeast comer of said 6.1517 acre tract and the northeast corner 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; THENCE, South 87° 26' 27" West, along the northerly line of said Bockel tract and the southerly line of said 6.1517 acre tract, a distance of 52.65 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° 17' 03" West, along the westerly line of this tract, a distance of 211.20 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set in the northerly line of said 6.1517 acre tract and the southerly line of the residue of a called 6.1517 acre tract described in a deed to Joseph Bockel as recorded under Harris County Clerk's File No. D279929; THENCE, North 87° 26' 27" East, along the southerly line of said Joseph Bockel tract and the northerly line of said 6.1517 acre tract, a distance of 52.74 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set on the westerly right-of-way line of said Anagnost Road which marks the northeast comer of this herein described tract; Page 1 of 2 Integra Realty Resources - Houston City of Pearland -23- September 13, 2004 THENCE, South 02° 15' 37" East, along the westerly right-of-way line of said Anagnost Road, a distance of 211.20 feet to the POINT OF BEGINNING and containing a computed area of 0.2555 acre (11,130 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 1:1610523.0780 Kirby ROW Parcels l[bcslROW Pua108.doc Page 2 of 2 Integra Realty Resources - Houston City of Pearland -21- September 13, 2004 Integra Realty Resources - Houston EXHIBIT City of Pearland -21- Metes and Bounds Description Kirby Drive Right -of -Way Parcel No. 20A 0.2283 Acre (9,945 Square Feet) James Hamilton Survey, Abstract No. 876 Harris County, Texas Description of a 0.2283 acre (9,945 square feet) tract of land out of Lot 58, 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 2-1/2 acre tract described in a deed to Bill E. Davis and wife, Lynette C. Davis as recorded under Harris County Clerk's File No. H052446, in the James Hamilton Survey, Abstract No. 876, in Harris County, Texas, said 0.2283 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 line of the said 2-1/2 acre tract (X = 3,112,753.41, Y = 13,780,179.82), from which a 5/8-inch iron rod found for the northwest corner of said 2-1/2 acre tract bears South 87° 32' West, 77.08 feet; THENCE, North 87° 25' 5T' East, along the northerly tine of said 2-1/2 acre tract, same being the southerly line of a called 60.0 acre tract described in a deed to LNR Clear Creek Spectrum Limited Partnership as recorded under Harris County Clerk's File No. W982043, a distance of 110.00 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set for the northeast corner of this herein described tract; TIIENCE, South 02° 17' 03" East, along an easterly line of this tract, a distance of 92.50 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set for the southeast corner of this tract; THENCE, South 87° 42' 57" West, along the southerly line of this tract, a distance of 90.00 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set for an angle point; THENCE, North 47° 17' 03" West, a distance of 28.28 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set for an angle point; THENCE, North 02° 17' 03" West, along the westerly line of this herein described tract, a distance of 71.95 feet to the POINT OF BEGINNING and containing a computed area of 0.2283 acre (9,945 square feet) of land. Page 1 of 2 Integra Realty Resources - Houston City of Pearland -22- September 13, 2004 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 July 26, 2004 1:1610523.0780 Kirby ROW ParcelslDucs\ROW Parcel 20A.doc Page 2 of 2 Integra Realty Resources - Houston City of Pearland -18- September 13, 2004 Oc!Q 9 Integra Realty Resources - Houston opI 00?