Ord. 1248 02-27-06ORDINANCE NO. 1248
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. 1248
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:
N G
Y S'�RETAR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
EXHIBIT
City of Pearland
-23-
A • e
October 10, 2005
Job No. 1957-0003-202
DESCRIPTION OF
0.306 ACRE (13,351 SQUARE FEET)
PARCEL 1B
Being 0.306 acre (13,351 square feet) of land located in the James Hamilton Survey,
Abstract 881, Harris County, Texas, more particularly being a portion of the residue of a called
12 acre tract conveyed to Diane Ley Espinoza, by Instrument of record in File No. M598428,
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 0.306 acre (13,351
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
southeast corner of said 12 acre tract, same being the northeast corner of that certain called 12
acre tract conveyed to R. H. Martini, Trustee, by instrument of record in File No. G390675,
H.C.O.P.R.O.R.P., on the common Tine of Lots 2 and 8 of said subdivision 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, H.C.O.P.R.O.R.P.;
Thence, with the common line of said 12 acre tracts, South 87" 40' 54" 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, 266.94 feet to a 5/8-inch iron
rod with plastic cap stamped "LJA ENG." set for corner on the common line of Lots 1 and 2 of
said subdivision;
Page 1 of 2
I:lProldsk1\SURVEY\1957100031M&Blparcel 1b 0.306ac.doc
Integra Realty Resources - Houston
City of Pearland
-24-
November 3, 2005
0.306 acre
October 10, 2005
Job No. 1957-0003-202
Thence, with said common lot line, North 87° 30' 37" East, 50.00 feet to a 5/8-inch iron
rod with plastic cap stamped "LJA ENG." set marking the northeast corner of Lot 2 of said
subdivision and on the common line of the aforementioned 12 acre tract of record in F.N.
M598428 and said 127.64 acre tract;
Thence, with said common line and the east line of Lot 2 of said subdivision, South 02°
24' 12" East, 267.09 feet to the POINT OF BEGINNING and containing 0.306 acre (13,351
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:\ProJdsk1\SURVEV\195T0003\M&B\percel 1b 0.306ac.doc
Integra Realty Resources - Houston
EXHIBIT
City of Pearland
-25-
i
October 10, 2005
Job No. 1957-0003-202
DESCRIPTION OF
0.061 ACRE (2,669 SQUARE FEET)
WATER AND SEWER EASEMENT
(10 FEET WIDE)
Being 0.061 acre (2,669 square feet) of land located in the James Hamilton Survey,
Abstract 881, Harris County, Texas, more particularly being a portion of the residue of a called
12 acre tract conveyed to Diane Ley Espinoza, by instrument of record in File No. M598428,
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 0.061 acre (2,669
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, NAP 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 12 acre tract, same being the northeast corner of that
certain called 12 acre tract conveyed to R. H. Martini, by instrument of record in File No.
G390675, H.C.O.P.R.O.R.P., on the common Tine of Lots 2 and 8 of said subdivision 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, H.C.O.P.R.O.R.P.;
Thence, with the common line of said 12 acre tracts, 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, continuing with said common line, South 87° 40' 54" West, 10.00 feet to a point
for corner;
Thence, leaving said common line, North 02' 24' 12" West, 268.91 feet to a point for
corner on the common line of Lots 1 and 2 of the aforementioned subdivision;
Page 1 of 2
I:\Proldsk11SURVEY1195710003\M&8lparcel 1b esmtdoc
Integra Realty Resources - Houston
City of Pearland
-26-
November 3, 2005
0.061 acre October 10, 2005
Job No. 1957-0003-202
Thence, with said common lot line, North 87° 30' 37" East, 10.00 feet to a 5/8-inch iron
rod with plastic cap stamped "LJA ENG." set for corner;
Thence, leaving said common tot line, South 02° 24' 12" East, 266.94 feet to the POINT
OF BEGINNING and containing 0.061 acre (2,669 square feet) of land.
Page 2 of 2
I:1Pro)dsk11SURVEY\1957100031M&Btparcel 1 b esmLdoc
LJA Engineering & Surveying, Inc.
Integra Realty Resources - Houston
City of Pearland
-22-
November 3, 2005
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