Ord. 1242 02-13-06ORDINANCE NO. 1242
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. 1242
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:
Cat__
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
EXHIBIT
City of Pearland
January 17, 2006
October 10, 2005
Job No. 1957-0003-202
DESCRIPTION OF
0.076 ACRE (3,300 SQUARE FEET)
PARCEL 6
Being 0.076 acre (3,300 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 A. R. Cox, by instrument of record in Volume 464, Pg. 536, 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
0.076 acre (3,300 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 set 5/8-inch iron rod with plastic cap stamped "LJA ENG." marking the
northeast corner of said 1 acre tract, same being the southeast corner of that certain called 1
acre tract conveyed to E. Morecraft, by instrument of record in Volume 457, Page 94, H.C.D.R.,
on the w,iist 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 Hams County (H.C.O.P.R.O.R.P.) and on the east line of Lot 3 of said subdivision;
Thence, with the common line of said 1 acre tract of record in Volume 464, Page 536
and said 127.64 acre tract and the east line of Lot 3 of said subdivision, South 02° 24' 12" East,
66.00 feet to a 5/8-inch iron rod with plastic cap stamped "LJA ENG." set marking the southeast
corner of said 1 acre tract of record in Volume 464, Page 536, same being the northeast comer
of that certain called 3 acre tract conveyed to Richard B. Mayor, et al, by instrument of record in
File No. P197251, H.C.O.P.R.O.R.P.;
Thence, leaving said common and said east line and with the common line of said 1 acre
tracts of record in Volume 464, Page 536 and said 3 acre tract, South 87° 42' 11" West, 50.00
feet to a 5/8-inch iron rod with plastic cap stamped "LJA ENG." set for comer;
Page 1 of 2
I:\Projdskl\SURVEY 1195710003\M&S\Parcel 6 0.076ac.doc
Integra Realty Resources - Houston
City of Pearland
-24-
January 17, 2006
0.076 acre
October 10, 2005
Job No. 1957-0003-202
Thence, leaving said common line, North 02° 24' 12" West, 66.00 feet to a 5/8-inch iron
rod with plastic cap stamped "LJA ENG." set for comer on the common line of said 1 acre tracts
of record in Volume 464, Page 536 and Volume 457, Page 94;
Thence, with said common line, North 87° 42' 11" East, 50.00 feet to the POINT OF
BEGINNING and containing 0.076 acre (3,300 square feet) of land.
This description prepared from a survey and plat prepared by the undersigned dated
October 10, 2005.
LJA Engineering & Surveying, Inc.
Jerry A. Davis
Registered Professional Land Surveyor
Texas Registration No. 1793
Page 2 of 2
I:\Projdsk11SURVEY11957100031M&B1parcel 6 0.076ac.doc
Integra Realty Resources - Houston
City of Pearland
EXHIBIT
i *aft
January 17, 2006
October 10, 2005
Job No. 1957-0003-202
DESCRIPTION OF
0.015 ACRE (660 SQUARE FEET)
WATER AND SEWER EASEMENT
(10 FEET WIDE)
Being 0.015 acre (660 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 A. R. Cox, byinstrument of record in Volume 464, Pg. 536, 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
0.015 acre (660 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 northeast corner of said 1 acre tract, same being the southeast corner of that
certain called 1 acre tract conveyed to E. Morecraft, by instrument of record in Volume 457,
Page 94, H.C.D.R., 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.) and on the east line of Lot
3 of said subdivision;
Thence, with the common line of said 1 acre tracts of record in Volume 464, Page 536
and Volume 457, Page 94, South 87° 42' 11" west, 50.00 feet to a 5/8-inch iron rod with plastic
cap stamped "LJA ENG." set for corner;
Thence, leaving said common line, South 02° 24' 12" East, 66.00 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 464, Page 536 and that certain called 3 acre tract conveyed to Richard B.
Mayor, et al, by instrument of record in File No. P197251, H.C.O.P.R.O.R.P.;
Page 1 of 2
1:1Proidskl\SUR VEY\1957\0003\M&B\parcel 6 esmt.doc
Integra Realty Resources - Houston
City of Pearland
-26-
January 17, 2006
0.015 acre October 10, 2005
Job No. 1957-0003-202
Thence, with said common line, South 87° 42' 11" West, 10.00 feet to a point for comer;
Thence, leaving said common line, North 02° 24' 12" West, 66.00 feet to a point for
corner on the common line of said 1 acre tracts of record in Volume 464, Page 536 and Volume
457, Page 94;
Thence, with said common line, North 87° 42' 11" East, 10.00 feet to the POINT OF
BEGINNING and containing 0.015 acre (660 square feet) of land.
Page 2of2
I:\ProJdskl\SURVEY\ 1957\0003\M&B\parcel 6 esmtdoc
LJA Engineering & Surveying, Inc.
Integra Realty Resources - Houston
City of Pearland
-22-
January 17, 2006
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