Ord. 1249 02-27-06
ORDINANCE NO. 1249
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. 1249
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.
~)~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
CJ~ ft~ ~
DARRIN M. COKER
CITY ATTORNEY
2
EXHIBIT
City of Pearl and
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'A ,.
January 11, 2006
Job No. 1957-0005-202
DESCRIPTION OF
1.775 ACRES
PARCEL2B
Being 1.775 acres 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. G450947, Official Public Records of Real
Property, of said Harris County (H;C.O.P.RO.RP.), 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 1.775 acres being more particularly described by
metes and bounds as follows (all bearings referenced to the Texas Stale Plane Coordinate
System, South Central Zone, NAD 83,2001 adj.);
BEGINNING at a i-Inch iron pipe found markin9 the southwest corner of said 12 acre tract,
same being the northwest comer of that certain called 2 acre tract conveyed to Richard B. Mayor,
et ai, by instrument of record in File No. P197250, H.C.O.P,RO.R.P., same being the common
west corner of Lots 2 and 3 of said subdivision and on the common line of said James Hamillon
Survey, Abstract 881 and the James Hamilton Survey, Abstract 876;
Thence, with Ihe west line of said 12 acre tract and said common survey line, North 02024'
10" West, 50.00 feet to a 5/8-inch iron rod wilh plastic cap stamped "LJA ENG." set for corner;
Thence, leaving said west line and said common survey line, North 87" 42' 11" East,
1235.40 feet to a 5/8-inch iron rod with plastic cap stamped "LJA ENG." set for corner;
Thence, North 420 39' 00" East, 49.45 feet to a S/8-inch iron rod with plastic cap stamped
"LJA ENG." set for corner;
Thence, North 020 24' 12" West, 179.00 feet to a S/8-inch iron rod with plastic cap stamped
"LJA ENG." set for corner on the common line said 12 acre tract of record in File No. G450947 and
Page 1 of 2
1:\P'OJdsk1'SURVEYl1957\00051M&Blparcel 2b 1.775ac.doc
Integra Realty Resources - Houston
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City of Pearland
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January 17, 2006
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1.775 acres
January 11, 2006
Job No. 1957-0005-202
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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.;
I
Thence, with said common line, North 87" 42' 11" East, 50.00 feet to a 5/8-inch iron rod
with plastic cap stamped "LJA ENG." set for the northeast corner of said 12 acre tract of record in
File No. G450947, 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
common line of Lots 2 and 7 of said subdivision;
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Thence, with the common line of said 12 acre tract of record in File No. G450947 and said
127.64 acre tract and said common lot fine, South 02024' 12" East, 264.00 feet to a 5/8-inch iron
rod with plastic cap stamped "LJA ENG." set for corner marking the southeast corner of said 12
acre tract of record in File No. G450947, same being the common east corner of Lots 2 and 3 of
said subdivision, and being. the northeast corner of that certain called 1 acre tract conveyed to M.
J. Bovor, by instrument of record in Volume 457, Page 92, H.C.D.R.,;
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Thence, with the common line of said 12 acre tract of record in File No. G450947 and said
1 acre tract and the common line of Lots 2 and 3 of said subdivision, South 87" 42' 11" West, at
0.80 feet pass a found i-inch iron pipe and continuing in all a total distance of 1320.40 feet to the
POINT OF BEGINNING and containing 1.775 acres of land.
I
This description prepared from a survey and plat prepared by the undersigned dated
January ii, 2006.
LJA Engineering & Surveying, Inc.
~a~
Jerry A. Davis
Registered Professional Land Surveyor
Texas Registration No. 1793
Page 2 of 2
1:\Projdsk1\SURVEY\1957\0005\M1>SlparceI2b 1.77Sso.doc
Integra Realty Resources - Houston
City of Pearland
-26-
i
EXHIBIT
"1> /,
January 11, 2006
Job No. 1957-0005-202
DESCRIPTION OF
0.334 ACRE (14,556 SQUARE FEET)
WATER AND SEWER EASEMENT
(10 FEET WIDE)
Being 0.334 acre (14,556 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. G450947,
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 0.334 acre (14,556
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 1-inch iron pipe found marking the southwest corner
of said 12 acre tract, same being the northwest corner of that certain called 2 acre tract
conveyed to Richard B. Mayor, et aI, by instrument of record in File No. P197250,
H.C.O.P.R.O.R.P., same being the common west corner of Lots 2 and 3 of said subdivision and
on the common line of said James Hamilton Survey, Abstract 881 and the James Hamilton
Survey. Abstract 876;
Thence, with the west line of said 12 acre tract and said common survey line, North 020
24' 10" 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 west line and said common survey line, North 020 24' 10"
West, 10.00 feet to a pOint for corner;
Thence, leaving said west line and said common survey line, North 870 42' 11" East,
1231.27 feet to a point for corner;
Page 1 of 2
1:\Projdsk1\sURVEYl1957\OO05\M&BlparceI2b esmt.doc
Integra Realty Resources - Houston
City of P earl and
-27-'
January 17, 2006
0.334 acre
January 11, 2006
Job No. 1957-0005-202
Thence, North 420 39' 00" East, 41.16 feet to a point for corner;
Thence, North 020 24' 12" West, 174.87 feet to a point for corner on the common line of
said 12 acre tract of record In File No. G450947 and that certain called 12 acre tract conveyed
to R. H. Marlini, Trustee, by instrument of record in File No. G390675, H.C.O.P.R.O.R.P.;
Thence, with said common line, North B70 42' 11" East, 10.00 feet to a SIB-inch iron rod
with plastic cap stamped "LJA EN G." set for corner;
Thence, leaving said common line, South 020 24' 12" East, 179.00 feet to a SIB-inch iron
rod with plastic cap stamped "LJA ENG." set for corner;
Thence, South 420 39' 00" West, 49.45 feet to a SIB-inch iron rod with plastic cap
stamped "LJA ENG." set for corner;
Thence, South 87042' 11" West, 1235.40 feet to the POINT OF BEGINNING and
containing 0.334 acre (14.556 square feet) of iand.
LJA Engineering & Surveying, Inc.
Page 2 of 2
1:lProjdsk1ISURVEY\1957\OO05\M&BlparceI2b esml.doc
Integra Realty Resources - Houston
City of Pearl and
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