Ord. 1217 05-09-05ORDINANCE NO. 1217
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 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. 1217
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, 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 9th day of
May , A. D., 2005.
ATTEST:
UN �>II R I ' MC
TY ` " CRET RY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
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TOM REID
MAYOR
EXHIBIT
D
a
A'
Exhibit
County: Brazoria
Highway: Dixie Farm Road
Project Limits: Harris County Line to State Highway 35
Account No. 9112-00-033
Property Description for Parcel 45
June, 2003
Parcel 45
Page 1 of 2
Being a 0.0675 acre (2,942 square feet) parcel of land located in the W.D.C. Hall League,
Abstract 70, Brazoria County, Texas, being part of Parcel A of the Amending Plat of Foodmaker
Subdivision No. 3929 as recorded in Volume 21, Page 197 of the Brazoria County Plat Records,
also being a part of a 0.9148 acre tract described in a deed from Jack In The Box Inc. to
Harrison and 22"d Street Limited Partnership as recorded in Clerk's File Number 00 028714 of
the Brazoria County Deed Records. Said 0.0675 acre parcel being more particularly described
as follows:
COMMENCING from a 5/8-inch iron rod with cap set at the southeast comer of said Parcel A,
from which a found 1/2-inch iron rod bears North 87°25'38" West, 3.93'; thence as follows:
North 48°13'50" West, along the northeasterly line of said Parcel A for a distance of
203.50 feet to a point for comer in the existing southeasterly right-of-way line of Dixie
Farm Road, based on a variable width;
Thence, South 41°48'10" West, along the existing southeasterly right-of-way line of
Dixie Farm Road for a distance of 151.93 feet to a 5/8-inch iron rod with cap set for the
POINT OF BEGINNING of the herein described parcel; having coordinates of X =
3,166,845.04 and Y = 13,767,715.87, said point being the northeast comer of the
herein described parcel;
1) THENCE, South 10°37'45" East, for a distance of 49.01 feet to a 5/8-inch iron rod with
cap set for an angle point;
2) THENCE, South 63°02'27" East, for a distance of 176.90 feet to a 5/8-inch iron rod with
cap set in the southeasterly line of the aforementioned Parcel A, said point also being
the southeast comer of the herein described parcel;
3) THENCE, South 27°00'02" West, along the southeasterly line of said Parcel A for a
distance of 9.98 feet to a 5/8-inch iron rod with cap set in the existing northerly right-of-
way line of F.M. 518 (East Broadway), based on a width of 100-feet, said point being
the southwest comer of the herein described parcel
4) THENCE, North 62°59'58" West, along said northerly right-of-way line of F.M. 518 for a
distance of 219.66 feet to a 5/8-inch iron rod with cap set in the existing southeasterly
right-of-way line of Dixie Farm Road, said point being the northwest corner of said
Parcel A, same being the northwest comer of the herein described parcel;
• •
Exhibit
June, 2003
Parcel 45
Page 2 of 2
5) THENCE, North 41°46'10" East, along the existing southeasterly right-of-way line of
Dixie Farm Road for a distance of 50.33 feet to the POINT OF BEGINNING, containing
a computed area of 0.0675 acres (2,942 square feet).
Note:
1) All bearings and distances shown hereon are based on the Texas State Plane
Coordinate System, South Central Zone, NAD83 (1993 Adjustment), using TXDOT
control points, Pearland 1952 and N0200018. All distances and coordinates shown are
surface and may be converted to grid by multiplying a combined adjustment factor of
0.999870.
2) All set rods were set with cap stamped Wilson Survey Group unless otherwise noted.
3) A survey plat of even date was prepared in conjunction with this property description.
Michael D. Wilson, R. P. L.S.
Registration No. 4821
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