Ord. 1241 02-13-06ORDINANCE NO. 1241
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE FEE SIMPLE TITLE AND A WATER AND SEWER EASEMENT
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 and a water and sewer easement 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 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" and
"B" 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. 1241
acquire the property, described in Exhibits "A" and "B" 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 13th day of
February , A. D., 2006.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
EXHIBIT
City of Pearland
January 17, 2006
January 11, 2006
Job No. 1957-0005-202
DESCRIPTION OF
0.786 ACRE (34,232 SQUARE FEET)
PARCEL 3
Being 0.786 acre (34,232 square feet) of land located in the James Hamilton Survey,
Abstract 881, Harris County, Texas, more particularly being a portion of that certain called 1
acre tract conveyed to M. J. Bovor, by instrument of record in Volume 457, Page 92, Deed
Records, of said Harris County (H.C.D.R.), and being a portion of Lot 3 as shown on the James
Hamilton Survey Subdivision, a subdivision of record in Volume 83, Page 342, H.C.D.R, said
0.786 acre (34,232 square feet) being more particularly described by metes and bounds as
follows (all bearings referenced to the Texas State Plane Coordinate System, South Central
Zone, NAD 83, 2001 adj.);
BEGINNING at a 5/8-inch iron rod with plastic cap stamped "LJA ENG." set marking the
northeast corner of said 1 acre tract, same being the southeast corner of a called 12 acre tract
conveyed to R. H. Martini, Trustee, by instrument of record in File No. G450947, Official Public
Records, of Real Property, of said Harris County (H.C.O.P.R.O.R.P.), on the west line of that
certain called 127.64 acre tract conveyed to Pearland Lifestyle Center, L.P., by instrument of
record in File No. Y326977, H.C.O.P.R.O.R.P., and being the northeast corner of Lot 3 of said
subdivision, from which a found 1-inch iron pipe bears South 87° 42' 11" West, 0.80 feet;
Thence, with the common line of said 1 and 127.64 acre tracts and the east line of Lot 3
of said- subdivision, South 02° 24' 12" East, 86.00 feet to a 5/8-inch iron rod with plastic cap
stamped "LJA ENG." set marking the southeast corner of said 1 acre tract, same being the
northeast corner of that certain called 1 acre tract conveyed to P. C. Del Barto, by instrument of
record in Volume 4733, Page 466, H.C.D.R.;
Thence, leaving said common line and said east line and with the common line of said 1
acre tracts, South 87° 42' 11" West, 69.00 feet to a 5/8-inch iron rod with plastic cap stamped
"LJA ENG." set for corner;
Page 1 of 2
l:1ProJdskl\SURVEY\1957100051M861parcel 3 D.786ac.doc
Integra Realty Resources - Houston
City of Pearland
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January 17, 2006
0.786 acre January 11, 2006
Job No. 1957-0005-202
Thence, Leaving said common Tine, North 47° 21' 00" West, 22.65 feet to a 5/8-inch iron
rod with plastic cap stamped "LJA ENG." set for corner;
Thence, South 87° 42' 11" West, 575.00 feet to a 5/8-inch iron rod with plastic cap
stamped "LJA ENG." set for corner on the common line of said 1 acre tract of record in Volume
457, Page 92 and that certain called 2 acre tract conveyed Richard B. Mayor, et al, by
instrument of record in File No. P197250, H.C.O.P.R.O.R.P.;
Thence, with said common line, North 02° 24' 12" West, 50.00 feet to a 5/8-inch iron rod
with plastic cap stamped "LJA ENG." set marking the common north corner of said 1 acre tract
of record in Volume 457, Page 92 and said 2 acre tract, same being on the south line of the
aforementioned 12 acre tract and on the common Tine of Lots 2 and 3 of said subdivision;
Thence, with the common line of said 1 acre tract of record in Volume 457, Page 92 and
said 12 acre tract and said common Lot line, North 87' 42' 11" East, 660.00 feet to the POINT
OF BEGINNING and containing 0.786 acre (34,232 square feet) of land.
This description prepared from a survey and plat prepared by the undersigned dated
January 11, 2006.
LJA Engineering & Surveying, Inc.
Jerry A. Davis
Registered Professional Land Surveyor
Texas Registration No. 1793
Page 2 of 2
I:1Proldsk1 SURVE111957100o51M&Blpercel 30.786ac.do°
Integra Realty Resources - Houston
EXHIBIT
City of Pearland
January 17, 2006
January 11, 2006
Job No. 1957-0005-202
DESCRIPTION OF
0.135 ACRE (5,885 SQUARE FEET)
WATER AND SEWER EASMENT
(10 FEET WIDE)
Being 0.135 acre (5,885 square feet) of land located in the James Hamilton Survey,
Abstract 881, Harris County, Texas, more particularly being a portion of that certain called 1
acre tract conveyed to M. J. Bovor, by instrument of record in Volume 457, Page 92, Deed
Records, of said Harris County (H.C.D.R.), and being a portion of Lot 3 as shown on the James
Hamilton Survey Subdivision, a subdivision of record in Volume 83, Page 342, H.C.D.R, said
0.135 acre (5,885 square feet) being more particularly described by metes and bounds as
follows (all bearings referenced to the Texas State Plane Coordinate System, South Central
Zone, NAD 83, 2001 adj.);
COMMENCING for reference at a 5/8-inch iron rod with plastic cap stamped "LJA ENG."
set marking the southeast corner of said 1 acre tract, same being the northeast corner of that
certain called 1, acre tract conveyed to P. C. Del Barto, by instrument of record in Volume 4733,
Page 466, H.C.D.R., and on the west line of that certain called 127.64 acre tract conveyed to
Pearland Lifestyle Center, L.P., by instrument of record in File No. Y326977, Official Public
Records, of Real Property, of said Harris County (H.C.O.P.R.O.R.P.);
Thence, with the common line of said 1 acre tracts, South 87° 42' 11" West, 69.00 feet to
a 5/8-inch iron rod with plastic cap stamped "LJA ENG." set for the POINT OF BEGINNING;
Thence, continuing with said common line, South 87° 42' 11" West, 14.16 feet to a point
for corner;
Thence, leaving said common line, North 47° 21' 00" West, 8.49 feet to a point for
corner;
Page 1 of 2
I:1ProJdek11SURVEY\195T0005\M&Blparcel 3 eamt.doc
Integra Realty Resources - Houston
City of Pearland
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January 17, 2006
0.135 acre January 11, 2006
Job No. 1957-0005-202
Thence, South 87° 42' 11" West, 570.85 feet to a point for corner on the common line of
said 1 acre tract of record in Volume 457, Page 92 and that certain called 2 acre tract conveyed
to Richard B. Mayor, et al, by instrument of record In File No. P197250, H.C.O.P.R.O.R.P.;
Thence, with said common line, North 02° 24' 12" West, 10.00 feet to a 5/8-inch iron rod
with plastic cap stamped "LJA ENG." set for corner,
Thence, leaving said common line, North 87° 42' 11" East, 575.00 feet to a 5/8-Inch iron
rod with plastic cap stamped "LJA ENG." set for corner;
Thence, South 47° 21' 00" East, 22.65 feet to the POINT OF BEGINNING and
containing 0.135 acre (5,885 square feet) of land.
Page 2 of 2
I:1Projdsk1 SURVEY\1957100051M&mpercel 3 esmt.d°°
LJA Engineering & Surveying, Inc.
Integra Realty Resources - Houston
City of Pearland
-21-
January 17, 2006
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