Ord. 0831 11-10-97ORDINANCE NO. 831
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR
PUBLIC PROJECTS TO EXPAND CITY FACILITIES, INCLUDING BUT NOT
LIMITED TO (I) THE RELOCATION AND EXPANSION OF ADMINISTRA-
TIVE OFFICES, PUBLIC LIBRARY, AND MEETING FACILITIES,
(II) DRAINAGE AND REGIONAL STORMWATER DETENTION FACILITIES,
AND (III) PARK EXPANSION; AUTHORIZING THE CITY ATTORNEY, OR
HER 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; DECLARING AN EMERGENCY, AS THE
PROVISION OF ADEQUATE CITY FACILITIES 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 relocation and expansion, construction, operation, and maintenance of
a public library, administrative offices, and meeting facilities; the location,
construction, operation, and maintenance of a regional stormwater detention facility
and associated drainage structures; and the expansion of Independence Park, including
within the scope of that expansion the appropriate landscaping and the construction,
operation, and maintenance of the expanded park and associated structures and park
facilities; and
WHEREAS, the City Council accordingly acknowledges that it is in the public's
best interest to acquire property located in the City for these purposes; 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 (I) to relocate and expand, construct, operate, and
maintain a public library, administrative offices, and meeting facilities; (ii) to locate,
1
ORDINANCE NO. 831
construct, operate, and maintain a regional stormwater detention facility and
associated drainage structures; and (iii) to expand Independence Park, including within
the scope of that expansion the appropriate landscaping and the construction,
operation, and maintenance of the expanded park and associated structures and park
facilities, all in Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition, by
donation, purchase, condemnation, or otherwise, of (i) the real property described in
Exhibits "A" and "B" attached hereto for the relocation and expansion, construction,
operation, and maintenance of the public library, administrative offices, and meeting
facilities and for the location, construction, operation, and maintenance of a regional
stormwater detention facility and associated drainage structures, and (ii) the real
property described in Exhibit "C" attached hereto for the expansion of Independence
Park and appropriate landscaping and construction, operation, and maintenance of
associated structures and park facilities. Exhibits "A", "B", and "C" attached hereto
are incorporated herein for all purposes.
Section 3. In connection with the acquisition of the properties described in
attached Exhibits "A" and "B" for the purposes stated in Section 2 above, the public
necessity and convenience require that the City acquire by donation, purchase,
condemnation, or otherwise, any and all interest retained by Aaron Pasternak, Trustee,
in that portion of the 80-foot wide tract of land described in Volume 1108,
Pages 358-60 of the Brazoria County Deed Records that adjoins the properties
2
ORDINANCE NO. 831
described in Exhibits "A" and "B", which portion of said 80-foot wide, 6.298-acre
tract is described in Exhibit "D" attached hereto and incorporated herein by reference.
Section 4. The City Attorney, or her designee, and other City officials are
hereby authorized and directed, on behalf of the City to take such actions as are
necessary to acquire fee simple title, either by donation, purchase, or exercise of the
power of eminent domain, to the properties described in the attached Exhibits "A",
"B", and "C", along with any improvements, as well as any interest Aaron Pasternak,
Trustee, or any of his successors, heirs, or assigns, may have in the property
described in the attached Exhibit "D" and any improvements thereon.
Section 5. The City Council hereby declares that a public emergency exists,
requiring the acquisition of said properties and property interests, because the
provision of adequate City facilities as described herein 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 loth day of
November , A. D., 1997.
3
TOM REID
MAYOR
ORDINANCE NO. 831
ATTEST:
APPROVED AS TO FORM:
AMY MOSS McCIJLLOUGH
CITY ATTORNEY
4
EXHIBIT A
TRACTr
STATE OF TEXAS
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 13.838 acre tract of land in the W.D.C, Hall Survey,
Abstract No 70 in Brazoria County, Texas. Said 13 838 acre tract is part of a 297.58
acre tract described as 'First Tract" in a deed to Aaron Pastemak, Trustee as recorded
in Volume 1023. Page 297 of the Brazona County Deed Records and is more
particularly described by metes and bounds as follows.
COMMENCING at the point of intersection of the southwestcrly line off .M. 510 (East
Broadway) with the nort.nwesterty line of Liberty Drive (based on a width of 60-feet) as
established by a deed recorded in Volume 1271, Page 566 of the Brazoria County
Deed Records:
THENCE, South 45°22'35" West, along the northwesterly line of said i iha 1y Drive for a
distance of 450.00 feet .o the POINT OF BEGINNING, said point being the
southwesterly corner of a 3.4288 acre tract descnbed in a deod to PEE -GEE, N.V as
recorded in Volume 1768, Page 205 of the Brazoria County Deed Records:
THENCE, South 45°22'35" West, continuing along the northwesterly line of said Liberty
Drive for a distance of 9.49.84 feet to the southeasterly comer of Parkview Subdivision,
Section One, as recorded in Volume 15, Page 377 of the Brazoria Cnunty Plat
Records.
THENCE. North 44°36'05' West, along the northeasterly line of said Parkview
Subdivision for a distance of 637.02 feet to a point fur comer in the common line
between said W.O.C. Hall Survey, Abstract No. 70 and the Thomas J. Green Survey,
Abstract No. 19o, said point also being in the north line of said Pasternak 'First Tract",
same being the southeasterly line of an 80-foot wide Houston Lighting and Power
Company Fee Stnp as recorded in Volume 1108, Page 358 of the Brazona County
Deed Records:
THENCE. North 45022'35" East, along the north line of said "First Tract", same being
the common line betweei said surveys and a:so being the south line of said Houston
Lighting and Power Company Fae Strip for a distance of 910.89 feet to a point for
corner, said point being the most westerly corner of a 0.7317 acre tract described as
Tract Twu" in a deed to vtibert M. Turner as recorded in Cleric's File No, 96-022681 of
the Brazoria County Deed Records
THENCE. South 63' 12'_54" Fast, along the westerly tine of said 0.7317 acre tract for a
distance of 121 41 feet to a point for corner, said point being the northwesterly comer
of a n 7334 acra tract dc!;cribed in a deed to Edward A Lewis, trustee as recorded in
Volume 1410, Page 220 di the Brazoria County Deed Records. same being the
routhwesteriy wiiiei of said 0.7317 acre tract:
** Z T ` 3g1Hd '1 LC;1 **
TRACT) (CONT'O)
THENCE. Snu.+th 44°37'25^ Cast, along the westerly line of said 0.7334 acre tract for a
distance of 521.95 feet to the POINT OF BEGINNING, containing a computed area of
13.838 acres.
Note:
1. The bearings in this description arc based on the creed recorded in Volume
1023, Page 297 of the Eirazoria County Deed Records.
2. This description has been uomplted from recorded information only and has
not been surveyed on the ground.
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Walsh Surveying, Inc.
2006 E. Broadway, 5-105
Peariand, Texas 77581
(261) 485-3991
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EXHIBIT B
TRACT II
STRt O- 1EXAS§
COUNTY OE BRAZORIA §
FRELONOTE DESCR1PYfON of a 7.578 due tract of land in the 1 homes J. (;reen
Survey, Abstract No. 198 in Brazoria County, Texas. Said 7.578 acre tract is part of a
35.8 acre tract described as "Second Tract" in a deed to Aaron Pasternak, Trustee as
recorded in Volume 1023, Page 297 of the Brazoria County Oead Records and is more
particularly described by metes and bounds as follows:
COMMENCING at the point of intersection of the southwesterly line of F.M. 518 (East
Broadway) with the northwesterly line of Liberty Drive (based on a wicitfl of 60-feet) as
established oy a deed recorded in Volume 1271, Page 566 of the Brazoria County
Deed Records:
1 HENCE, North 63'00'00" West, along the southwesterly line of said R.M. 518 for a
distance of 671.25 feet i:o a point for comer in the common line between said Thomas
J. Green Survey. Abstract No. 198 and the W.D.C. Hall Survey, Abstract No. 70, said
point also being southeasterly comer of the aforementioned 35.8 acre "Second Tract"
and the southeasterly comer of an 80-foot wide Houston Lighting and Power Company
Fee Strip as described in a deed recorded in Volume 1108, Page 358 of the Brazoria
County Deed Records;
THENCE. North 62°50'33" West, continuing a long the southwesterly line of said F.M.
518 for a distance of 84.22 feet to the northeasterly comer of said Houston Lighting
and Power Company Fee Strip, same being thc southeasterly.00rner of a 1,7359 acre
tract described as `Tract One" in a deed to Gilbert M. Turner as recorded in Cleric's File
No. 96-022681 of the Brazoria County Deed Records;
THENCE, South 45'"22'3b" West, along the northwesterly line of said Fee Strip, same
being the southwesterly line of sad 1.7359 acre tract for a distance of 277.09 feet to
the POINT OF BEGINNING of the herein described 7.578 acre tract;
THENCE, South 45°22'35" West, continuing along the northwesterly line of said Fee
Strip for a distance of 884.83 feet to a point for comer in the northeasterly hne of
Parkview Subdivision, Section One, as recorded in Volume 15, Page 377 of the
Brazoria Cuurrty Plat Records;
THENCE, North 44036'05' West, along the northeasterly line of said Parkvtew
Subdivision, Section One for a distanr:A of 407.49 feet to a point for comer in thc
northwesterly line of the aforementioned Pasternak 35,8 acre `Second Tract". same
tieing the southeasterly late of a 9.8805 acre tract described as 'Tract One- in a deed
to Frost Properties. LTD. as recorded in Clerk's File No. 96-031834 of the Brazoria
County Deed Records, said point being the northeast corner of said Paricview
Subdivision,
TRACT II (CONT'D)
THENCE, North 45°22'35" East. along the northwesterly lino of said r asternak 35.0
acre tract, same being the southwesterly line of said Frost Properties LTD. 9.8895 acre
tract. fora distance of 750.33 feat to the westerly coiner of a 0.918 acre tract described
in a deed to OCIRES 1 LIMITED as recorded in Clerk's File No. 89641, Page 95 of the
erezoria County Deed Recoi ds.
THENCE, Soutn 44°22'54 East, along the westerly line of said 0.918 acre OCIRES 1
LIMITED tract; for a distance of 133.70 feet to a point for comer;
THENCE, North 45°22`25" East. along the southerly line of said 0.918 acre tract, tor a
distance of 44.48 feet to a point for comer, said point being the northwesterly corner of
the aforementioned 1.7359 acre Gilbert M. Turner "Tract One",
THENCE, South b2°50'33" East, along the southwesterly line of said 1.7359 acre tract,
for a distance of 288.25 feet to the POINT OF REGINNING, containing a computed
area of 7.578 acres.
Note:
1. The bearings in this description are based on the deed recorded in Volume
1023, Page 297 of the Brazoria County Deed Records.
2. This description has been compiled from recorded information only and has
not been surveyed on the ground.
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Walsh Surveying, Inc.
2006 E. Broadway, S-105
Pea land, Texas 77581
(281) 485-3991
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EXHIBIT C
TRACT Iv
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELONO l E DESCRIPTION of a 2.60 acre tract of land in the W,D.C. Half Survey,
Abstract No. 70 in Brazoria County, Texas, Said 2.60 acre tract is part of a 297.58 acre
tract described as "First Tract' in a deed to Aaron Pasternak, Trustee as recorded in
Volume 1021. Page 297 of tho Brazona County Deed Records and is more particularly
described by metes and bounds as follows:
COMMENCING at the northeast corner of a 49.85 acre tract descrihcrt in a deed to the
City or Peartand as recorded in Volume 1250, Page 994 of the Brazoria County Deed
Records, said point being in the common line between the said W.D.C. Hall Survey and
the F.D. Yokum Survey. Abstract No. 399, same being the southeasterly line of a
Houston Lighting and Power Company Fee Strip as recorded in Volume 1108, Page
368 of the Brazcria County Deed Records;
THENCE, South 44°53'25" East, along the north line of said 49.85 acre tract for a
distance of 1.73 feet to the POINT OF BEGINNING of the herein described 2.60 acre
tract, said point being on the southwesterly right-of-way line of John Liza Road (based
on a width of 60-feet) as described in a deed to the City of Pearland and recorded in
Volume 1271, Page 566 of the Brazeria County Deed Records and is the point of
curvature of a curve to the right;
THENCE, with said curve to the right having a radius of 594.27 feet, a central angle of
44°26'30", (chord tears South tit°06'44" East, 449.50 feet) for an arc distance of
460.97 feet to the point of tangency of said curve:
THENCE, South 44°53'25" Fast, 170-feet east of and parallel to the east line of said
49,85 acre tract, for a distance of 340.11 feet to a point for comer, said point being the
northwesterly comer of a 0.225 acre roadway and utility right-of-way described in a
deed to the City of Pearland recorded in Volume 1283, Page 397 of the Brazoria
County Deed Records and is the point of curvature of a curve to the right
TI IENCE, with said curve to the right having a radius of 25.03 feet, a central angle of
75°09'02", (chord bears South 07°18'54" east, 30.53 feet) for an arc distance of 32.83
feet to the point of tangency of said curve;
THENCE, South 30°15'37" West. continuing along said westerly night -of -way line for a
distance of 79.50 feet to the point of curvature of a curve to the right:
THENCE, continuing along said right-of-way line and with said curve to the right having
a radius of 156.90 feet, a central angle of 16°24'13", (chord beam South 36"27'44"
West, 44 77 feet to the point of reverse curvature of a curve to the left
TRACT IV (CONT'D)
THENCE, continuing along Said right-of-way line and with said curve to the left having a
radius of 215.78 feet, a central angle of 07°59'57", (chord bears South 42^39'51" West,
30.10 feet) for an arc distance of 30.13 feet to a point for comer on the aforementioned
east line of the 49,85 acre tract;
THENCE. North 44°53'25" Wost, along the east tine of said 49.85 acre tract for a
distance of 807.26 feet to the POINT OF BEGINNING, containing a computed area of
2 60 acres (113,142 square feet),
Note:
1. The bearings in this description are based on the deed recorded in Volume
1023, Page 297 of the Brazoria County Deed Records.
2. This description has been compiled from recorded information only and has
not been surveyed on the ground.
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(281) 485-3991
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EXHIBIT D
LEGAL DESCRIPTION OF SO -FOOT WIDE BL&P FEE STRIP
LOCATED BETWEEN TRACTS I AND If
Commencing at the point of :intersection of the southwesterly line of FM 518 (East Broadway)
with the northwesterly line of Liberty Drive (based on a width of 60-feet) as established by a
deed recorded in Volume 1271, Page 586 of the Brazoria County Deed Records;
THENCE, South 45°22'35" West 450.00 feet along the northwesterly line of Liberty Drive;
THENCE, North 44°37'25" West 521.95 feet;
THENCE, North 63°12'54" West 121.41 feet to the POINT OF BEGINNING, which is the
easterly line of an 11UP 80-foot wide fee strip as recorded in Volume 1108, Pages 358-60 of the
Brazoria County Deed Records;
THENCE, South 45°22'35" West 910.89 feet along the southeasterly line of the 80-foot wide
HL&P fee strip;
THENCE, North 44'36'05" West 80 feet to the northwesterly line of the 80-foot wide HL&P fee
strip;
THENCE, North 45°22'35" East 884.53 feet along the northwesterly line of the 80-foot wide
HL&.P fee strip;
THENCE, South 62°S0'26" East 84.22 feet to the Point of Beginning. The total area of the
description containing 1.649 Acres (71,816 Square Feet) more or less.
::ODMAIPCD0C31Ii0USTON1$14285\ 1
*, Li ' 30tid '13101 **
Plat of Deed Calls for: xL&P Easement
HL&P Easemint
Scale : 167 ft/in
North Shift: -204
East Shift : +144
DMS Rotated: +000.0000
AREA
Acres : 1.649
Sq. Feet : 71816
Sq. Meters; 6 6'3 1. 9
Perimeter : 1959.64
1. S45.2235W 910.99
2. N44.3605W 80
3. N45.2235E 884.53
4. S62.50261 84.22
M=Mee=t.SIftG'='= = t
.. CLOSING ERROR ..
Bearing; CLOSED
Feet : 0.00
Meters : 0.00
Precision: 1/999999