Ord. 1117 07-21-03ORDINANCE NO. 1117
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION
EASEMENT FOR THE CONSTRUCTION OF DRAINAGE 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 drainage 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 right-of-way and a temporary construction easement for the
construction of drainage 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 drainage 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 public convenience and necessity requires the acquisition of a
four (4) month temporary construction easement, by donation, purchase, condemnation, or
otherwise, on certain real property located within the City and situated in Brazoria County,
ORDINANCE NO. 1117
more particularly described as 4.722 acres out of an approximate 5.971 acre tract of land
being, a portion of lot 19, located in the H.T. & B. R. R. Survey, Section 13, Abstract 240,
Brazoria County, Texas.
Section 4. 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
acquire the property, described in Exhibit "A" and any improvements thereon and the
temporary construction easement identified herein, either by donation, purchase or the
exercise of the power of eminent domain.
Section 5. The City Council hereby declares that a public emergency exists for
the acquisition of said right-of-way as the construction of drainage 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 21st day of
July , A. D., 2003.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Lockwood, Andrews & Newnam -23_
EXHIBIT
1
January 22, 20)3
Jcb No. 1610-0202-005
DESCRIPTION OF
1.199 ACRES (52,210 S.F.)
CORRIGAN PARCEL 15
Being 1.199 acres (52,210 S.F.) of land located in the H.T.:B.R.R. Co. Survey, Section 13, Abstract No. 240,
Bra:Aria County, Texas, more particularly being a portion of Lot 19 of the Fig!and Orchard Subdivision No. 1. a
subdivision of record in Volume 3. Page 77, Plat Records, Brazoria County, Texas and part of that certain tract called 3
acres conveyed to Jackie E. and Norma Ann Burkett by instrument of record in Volume 1704, Page 806, Deed Records,
B:azora County, Texas (B.C.D.R.), said 1.199 acres (52.210 S.F.) being more particularly described by metes and bounds
as follows (all bearings referenced to the Texas State Plane Coordinate System. South Central Zone);
COMMENCING for reference at a Vr-inch iron rod in concrete found marking the northeast cornet of Lot 19 of
said subdivision, sure being the northeast corner of said 3 acre tract and being the southeast corner of that certain tract of
land conveyed to Willie and Magnolia Foster by instrument of record in Volume 526, Page 301, B.C.D.R and on the west
riJtt-of-way line of Hatfi,ed Road;
Thence, with the north line of Lot 19 of said subdivision and the common line of said 3 acre tract and that tract of
land conveted to Willie and Magnolia Foster, South 37° 14' 19" West, 163.34 feet to a 5;S-inch iron rod with plastic cap
marked "[JA ENG.' set marking the POINT OF BEGLNNING:
Thence, leaving said north line and said common line, South 02' 36' 55" East. 193.94 feet to a 5,3-inch iron rod
with plastic cap marked 'UA ENG." sec for corner;
Thence, South 42° 23' 05" West. 136.07 feet ;o a 5:S-inch iron rod with plastic cap marked "UA ENG.' set on ;.tie
oath line of aforementioned 3 acre tract and on the north Line of that certain called 3 acre tract conveyed to Carlos and
Hcrlinda ;Mendez by instruments of record in Volume 1560, Page 4 and Volume 221, Page 566, B.C.D.R.
Thence, with the common line of said 3 acre tracts, South 37' 14' 19" West, 212.68 feet to a 5/3-inch iron rod with
plastic cap marked'UA ENG.' set for comer and from which a 1/2-inch iron rod found marking the common west corner of
said 3 acre tracts bears South 87' 14' 19" West, 153.34 feet;
Thence, leaving said common line, North 42° 23' 05" East, 224.70 feet to a 5/8-inch iron rod with plastic cap
marked "UA ENG.' set for comer:
Thence, North 02° 36' 55' West. 136.12 feet to a 5/8-inch iron rod with plastic cap marked "UA ENG." set for
corner or, the north line of Lot 19 of said subdivision, same being on the common line of aforementioned 3 acre tract and
that tract of land conveyed to Willie and Magnolia Foster;
Thence, with said common line, North 37° 14' 19" East. 150.00 feet to the POLNT OF BEGINNING and
containing 1.199 acres (52,210 S.F.) of land.
The above description prepared from a survey prepared by the undersigned, dated January 22, 2003.
Jerry A. Davis
Registered Professional Land Surveyor
Texas Registration No. 1391
JES YA. DAVIS
1753
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UA Engineering & Surveying, Inc.
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