Ord. 1245 02-27-06ORDINANCE NO. 1245
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. 1245
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 27th day of
February , A. D., 2006.
ATTEST:
Y!2 NG
Y SE %' ETARY
APPROVED AS TO FORM:
04.,..._.- Ir_aL___.
DARRIN M. COKER
CITY ATTORNEY
2
OM REID
MAYOR
g2.,
City of Pearland
-23-
EXHIBIT
a A
October 10, 2005
Job No. 1957-0003-202
DESCRIPTION OF
0.909 ACRE (39,600 SQUARE FEET)
PARCEL 2A
Being 0.909 acre (39,600 square feet) of land located in the James Hamilton Survey,
Abstract 881, Harris County, Texas, more particularly being a portion of that certain called 12
acre tract conveyed to R. H. Martini, Trustee, by instrument of record in File No. G390675,
Official Public Records of Real Property, of said Harris County (H.C.O.P.R.O.R.P.), and being a
portion of Lot 2 as shown on the James Hamilton Survey Subdivision, a subdivision of record in
Volume 83, Page 342, Deed Records, of saki Harris County (H.C.D.R), said 0.909 acre (39,600
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 12 acre tract of record in File No. G390675, same being the southeast
corner of the residue of a called 12 acre tract conveyed to Diane Ley Espinoza, by Instrument of
record In File No. M598428, 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 on the east line of Lot 2 of said subdivision;
Thence, with the common line of said 12 acre tract of record In File No. G390675 and
said 127.64 acre tract and the east line of Lot 2 of said subdivision, South 02° 24' 12" East, at
186.78 feet pass a found 5/8-inch iron rod 0.23 feet right, and continuing in all a total distance of
792.00 feet to a 5/8-inch iron rod with plastic cap stamped "LJA ENG." set marking the
southeast corner of the aforementioned 12 acre tract of record in File No. G390675, same being
the northeast corner of that certain called 12 acre tract conveyed to R. H. Martini, Trustee, by
instrument of record in G450947, H.C.O.P.R.O.R.P.;
Page 1 of 2
l:\ProJdsk11SURVEY\1957100031M&B\parcel 2a 0.909ac.doc
Integra Realty Resources - Houston
City of Pearland
-24-
October 28, 2005
0.909 acre
October 10, 2005
Job No. 1957-0003-202
Thence, with the common line of said 12 acre tracts of record in File No's. G390675 and
G450947, 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, North 02° 24' 12" West, 791.98 feet to a 5/8-inch iron
rod with plastic cap stamped "LJA ENG." set for comer on the common line of said 12 acre
tracts of record in File No's. G390675 and M598428;
Thence, with said common line, North 87° 40' 54" East, 50.00 feet to the POINT OF
BEGINNING and containing 0.909 acre (39,600 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 2of2
I:Trojdskl1SURVE111957\0003%MBB\parce! 2a 0.909ac.doc
Integra Realty Resources - Houston
EXHIBIT
City of Pearland
-25-
October 10, 2005
Job No. 1957-0003-202
DESCRIPTION OF
0.182 ACRE (7,920 SQUARE FEET)
WATER AND SEWER EASEMENT
(10 FEET WIDE)
Being 0.182 acre (7,920 square feet) of land located in the James Hamilton Survey,
Abstract 881, Harris County, Texas, more particularly being a portion of that certain called 12
acre tract conveyed to R. H. Martini, Trustee, by instrument of record in File No. G390675,
Official Public Records of Real Property, of said Harris County (H.C.O.P.R.O.R.P.), and being a
portion of Lot 2 as shown on the James Hamilton Survey Subdivision, a subdivision of record in
Volume 83, Page 342, Deed Records, of said Harris County (H.C.D.R), said 0.182 acre (7,920
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 set 5/8-inch iron rod with plastic cap stamped "LJA
ENG." marking the northeast corner of said 12 acre tract of record in File No. G390675, same
being the southeast comer of the residue of a called 12 acre tract conveyed to Diane Ley
Espinoza, by instrument of record in File No. M598428, 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 on the east line of Lot 2 of said
subdivision;
Thence, with the common line of said 12 acre tracts of record in File No's. G390675 and
M598428, South 87° 40' 54" West, 50.00 feet to a 5/8-inch iron rod with plastic cap stamped
"LJA ENG." set for the POINT OF BEGINNING;
Thence, leaving said common line, South 02° 24' 12" East, 791.98 feet to a 5/8-inch iron
rod with plastic cap stamped "LJA ENG." set on the common line of said 12 acre tract of record
in File No. G390675 and that certain called 12 acre tract conveyed to R. H. Martini, Trustee, by
instrument of record in File No. G450947, H.C.O.P.R.O.R.P.;
Page 1 of 2
1:1Pro}dsk11SURVEY11957\00031M&B\parcel 2a esmtdoc
Integra Realty Resources - Houston
City of Pearland
-26-
October 28, 2005
0.182 acre October 10, 2005
Job No. 1957-0003-202
Thence, with the common line of said 12 acre tracts of record in File No's. G390675 and
G450947, South 87' 42' 11" West, 10.00 feet to a point for corner;
Thence, leaving said common line, North 02' 24' 12" West, 791.98 feet to a point for
corner on the common line of said 12 acre tracts of record in File No's. G390675 and M598428;
Thence, with said common line, North 87' 40' 54" East, 10.00 feet to the POINT OF
BEGINNING and containing 0.182 acre (7,920 square feet) of land.
Page 2 of 2
I:\Proidskl\SURVEY11957\0003\M8B\parcel 2a esrnt.doc
LJA Engineering & Surveying, Inc.
Integra Realty Resources - Houston
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