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Ord. 1215 04-11-05ORDINANCE NO. 1215 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, DRAINAGE AND/OR 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, drainage and /or 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, drainage and/or 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, drainage and/or utility improvements on certain real property located in Harris 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 Harris 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. 1215 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, drainage and/or 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 llth day of April , A. D., 2005. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 TOM REID MAYOR EXHIBIT Metes and Bounds Description Kirby Drive Right -of -Way Parcel No. 21A 4.292 Acres (186,944 Square Feet) Obediah Pitts Survey, Abstract No. 626 Harris County, Texas Description of a 4.292 acre (186,944 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 Survey, Abstract No. 626, in Harris County, Texas, said 4.292 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): COMMENCING at a 1-inch iron pipe found on the southerly right-of-way line of Fruge 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); THENCE, South 02° 34' 03" East, along the westerly line of said Lot 11, a distance of 439.00 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC." set for the northwest corner and POINT OF BEGINNING of this herein described tract (X = 3,112,071.14, Y = 13,778,825.91); THENCE, North 87° 25' 57" East, along the northerly line of this herein described tract, a distance of 502.06 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set in the proposed westerly right-of-way line of Kirby Drive which marks the northeast corner of this tract, said point being in the arc of a non -tangent curve to the left; THENCE, southeasterly, 219.94 feet along the proposed westerly right-of-way line of said Kirby Drive and the arc of said non -tangent curve to the left (central angle = 06° 46' 30"; radius = 1,860.00 feet; chord bearing and distance = South 06° 36' 45" East, 219.81 feet) to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC." set for the point of tangency; THENCE, South 10° 00' 00" East, continuing along said proposed right-of-way line, at 73.60 feet pass a 5/8-inch iron rod with plastic cap stamped "SURVCON INC." set for reference, and continuing for a total distance of 149.00 feet to a point in the centerline of Clear Creek; Page 1 of 2 THENCE, in a westerly direction along the centerline meanders of said Clear Creek and the southerly line of said Lot 11 as follows: South 85° 56' 56" West, 17.28 feet; South 86° 50' 14" West, 85.78 feet; South 89° 47' 09" West, 198.29 feet; South 87° 25' 56" West, 99.61 feet; South 88° 36' 27" West, 136.09 feet to a point for the southwest corner of said Lot 11 and the southwest corner of this herein described tract; THENCE, North 02° 34' 03" West, along the westerly line of said Lot 11 and this herein described tract, at 75.02 feet pass a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set for reference, and continuing for a total distance of 357.42 feet to the POINT OF BEGINNING and containing a computed area of 4.292 acres (186,944 square feet) of land. This description is based on a survey map dated April 4, 2005. Prepared By: SURVCON INC. 5757 Woodway, Suite 101 West Houston, Texas 77057 Phone: 713/780/4123 Job No. 610287.0001 April 4, 2005 .Q4\014,,C3.1 * o, ROBERT . TERRY t1/4:34) 4420 FESS\ot.. r J:\610287.0001 Kirby Drive Revisions\Doc\ROW Parce121A Rev.doc Page 2 of 2 4 -e4^o '- EXHIBIT if Metes and Bounds Description Kirby Drive Right -of -Way Parcel No. 21B 0.4396 Acres (19,150 Square Feet) Obediah Pitts Survey, Abstract No. 626 Harris County, Texas Description of a 0.4396 acre (19,150 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 Survey, Abstract No. 626, in Harris County, Texas, said 0.4396 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): COMMENCING at a 1-inch iron pipe found on the southerly right-of-way line of Frage 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); THENCE, South 02° 34' 03" East, along the westerly line of said Lot 11, a distance of 439.00 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC." set for corner; THENCE, North 87° 25' 57" East, departing the westerly line of said Lot 11, a distance of 387.49 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC." set for the southwest corner and POINT OF BEGINNING of this herein described tract (X = 3,112,458.25, Y = 13,778,843.27); THENCE, North 02° 34' 03" West, along the westerly line of this tract, a distance of 165.00 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC." set for the northwest corner of this tract; THENCE, North 87° 25' 57" East, along the northerly line of this tract, a distance of 120.00 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC." set in the proposed westerly right-of-way line of Kirby Drive which marks the northeast corner of this herein described tract, said point being in the arc of a non -tangent curve to the left; THENCE, southeasterly, 165.14 feet along the proposed westerly right-of-way line of said Kirby Drive and the arc of said non -tangent curve to the left (central angle = 05° 05' 14"; radius = 1,860.00 feet; chord bearing and distance = South 00° 40' 53" East, 165.09 feet) to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC." set for the southeast corner of this tract; Page 1 of 2 THENCE, South 87° 25' 57" West, along the southerly line of this herein described tract, a distance of 114.57 feet to the POINT OF BEGINNING and containing a computed area of 0.4396 acres (19,150 square feet) of land. This description is based on a survey map dated April 4, 2005. Prepared By: SURVCON INC. 5757 Woodway, Suite 101 West Houston, Texas 77057 Phone: 713/780/4123 Job No. 610287.0001 April 4, 2005 1OF 7��� �q ROBERT IV TERRY 4420 •:' J:\610287.0001 Kirby Drive Revisions\Doc\ROW Parcel 21B Rev.doc Page 2 of 2 Metes and Bounds Description Kirby Drive Right -of -Way Parcel No. 21C 2.717 Acres (118,332 Square Feet) Obediah Pitts Survey, Abstract No. 626 Harris County, Texas EXHIBIT ` •` a C Description of a 2.717 acre (118,332 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 Survey, Abstract No. 626, in Harris County, Texas, said 2.717 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): COMMENCING at a 1-inch iron pipe found on the southerly right-of-way line of Fruge 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); THENCE, North 87° 25' 57" East, along the southerly right-of-way line of said Fruge Road, a distance of 526.16 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set for the POINT OF BEGINNING of this herein described tract (X = 3,112,577.11, Y = 13,779,288.04); THENCE, North 02° 34' 03" West, along the most westerly line of this tract, a distance of 20.00 feet to a "PK" nail set in the center of Fruge Road which marks the northwest corner of this tract; THENCE, North 87° 25' 57" East, along the center of said Fruge Road and the northerly line of this herein described tract, a distance of 132.97 feet to a "PK" nail set for the northeast corner of this herein described tract; THENCE, South 02° 34' 03" East, along the easterly line of this tract and the center of a 40-foot wide right-of-way (Anagnost Road), at 19.01 feet pass a found 5/8-inch iron rod, at 754.10 feet pass a 5/8-inch iron rod with plastic cap stamped "SURVCON INC." set for reference, and continuing for a total distance of 829.10 feet to a point in the centerline of Clear Creek and the southerly line of said Lot 11, which marks the southeast corner of this tract; THENCE, in a westerly direction, along the centerline of said Clear Creek, the following courses and distances: Page 1 of 2 South 88° 00' 29" West, 32.65 feet; North 86° 57' 59" West, 41.17 feet; South 85° 56' 56" West, 48.69 feet to a point for the southwest corner of this herein described tract; THENCE, North 10° 00' 00" West, along a westerly line of this tract, at 75.40 feet pass a 5/8-inch iron rod with plastic cap stamped "SURVCON INC." set for reference, and continuing for a total distance of 149.00 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC." set for the beginning of a curve to the right; THENCE, northwesterly, 631.27 feet along the westerly line of this tract and the arc of said curve to the right (central angle = 19° 26' 45"; radius = 1,860.00 feet; chord bearing and distance = North 00° 16' 37" West, 628.25 feet) to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC." set for the end of curve; THENCE, North 41° 23' 57" West, a distance of 26.34 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC." set for corner on the most westerly line of this herein described tract; THENCE, North 02° 34' 03" West, along the most westerly line of this herein described tract, a distance of 10.00 feet to the POINT OF BEGINNING and containing a computed area of 2.717 acres (118,332 square feet) of land. This description is based on a survey map dated April 4, 2005. Prepared By: SURVCON INC. 5757 Woodway, Suite 101 West Houston, Texas 77057 Phone: 713/780/4123 Job No. 610287.0001 April 4, 2005 •Ca oIti.ONSWs ROB TSODO ERRY `�?i• TERRY :.®,e 4420 OOOOOOOO J:\610287.0001 Kirby Drive Revisions\Doc\ROW Parcel 21C Rev.doc Page2of2 et-04-a'