Ord. 1250 02-27-06
ORDINANCE NO. 1250
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. 1250
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.
T~Jb
MAYOR
ATTEST:
APPROVED AS TO FORM:
()t1~ It ,~
DARRIN M. COKER "-
CITY ATTORNEY
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EXHIBIT
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City of Pearl and
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October 1 0, 2005
Job No. 1957-0003-202
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DESCRIPTION OF
0.266 ACRE (11.598 SQUARE FE;:ET)
PARCEL1A
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Being 0.266 acre (11,598 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. MS98428,
Official Public Records of Real Property. of said Harris County (H.C.O.P.R.O.R.P.), and being a
portion of Lot 1 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 0.266 acre (11,598
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.);
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BEGINNING at a S/8-inch iron rod with plastic cap stamped "LJA ENG." set marking the
common north comer of Lots 1 and 2 of said subdivision, on the west line of Lot 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.ORP.;
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Thence, with the common line of Lots 1 and 2 of said subdivision, South 870 30' 37"
West, 50.00 feet to a SIB-inch iron rod with plastic cap stamped "LJA ENG." set for corner;
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Thence, leaving said common line, North 020 24' 12" West, 185.82 feet to a 5/8-inch iron
rod with plastic cap stamped "LJA ENG." set for comer;
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Thence, North 450 58' 09" West, 50.78 feet to a S/8-inch iron rod with plastic cap
stamped "LJA ENG." set for comer on the south right-of-way line of Beltway 8 (width varies);
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Page 1 of 2
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1:\Projdsk1\SURVEY\195n0003\M&BlparceI1a 0.266ao,OOo
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Integra Realty Resources - Houston
City of Pearland
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November 3, 2005
0.266 acre
October 10. 2005
Job No. 1957-0003-202
Thence, with said south right-of-way line,. South 890 37' 49" East, at 76.53 feet pass a
found 1-inch iron pipe 0.21 feet right and continuing in all a total distance of 85.10 feet to a SIB-
inch iron rod with plastic cap stamped "LJA ENG." set for corner on the common line of Lots 1
and 8 of said subdivision and on the common line of the aforementioned 12 and 127.64 acre
tracts;
Thence, with said common lot line and the common line of said 12 and 127.64 acre
tracts, South 020 24' 12" East, 218.42 feet to the POINT OF BEGINNING and containing 0.266
acre (11,598 square feet) of land.
This description prepared from a survey and plat prepared by the undersigned dated
October 10, 2005.
9J-ra.~ /~~y0.6
Jerry A. Davis
Registered Professional Land Surveyor
Texas Registration No. 1793
LJA Engineering & Surveying, Inc.
Page 2 of 2
1:\Projdsk1\SURVEY\1957\0003\M&BlparceI1a O.266ac.doc
Integra Realty Resources - Houston
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City of Pearland
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EXHIBIT
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October 1 0, 2005
Job No. 1957-0003-202
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DESCRIPTION OF
0.055 ACRE (2,380 SQUARE FEET)
WATER AND SEWER EASEMENT
(10 FEET WIDE)
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Being 0.055 acre (2,380 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. MS98428,
Official Public Records of Real Property, of said Harris County (H.C.O.P.R.O.R.P.), and being a
portion of Lot 1 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 0.055 acre (2,380
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.);
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COMMENCING for reference at a S/8-inch iron rod with plastic cap stamped "LJA ENG:
set marking the common north comer of Lots 1 and 2 of said subdivision, on the west line of Lot
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.:
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Thence, with the common line of Lots 1 and 2 of seidsubdivision, South 870 3D' 37"
West, 50.00 feet to a 5/8-inch iron rod with plastic cap stamped "LJA ENG." set for the POINT
OF BEGINNING;
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Thence, continuing with said common lot line, South 870 30' 37" West, 10.00 feet to a
point for corner;
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Thence, leaving said common lot line, North 020 24' 12" West, 181.83 feet to a point for
corner;
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Page 1 of 2
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1:\Projdsk1\SURVEy\1957\0003\M&BlparceI1a esmt.doc
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Integra Realty Resources - Houston
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City of P earl and
-26-
November 3,2005
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0.055 acre
October 10, 2005
Job No. 1957-0003-202
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Thence, North 460 03' 02" West, 57.19 feet to a point for comer on the south right-of-way
line of Beltway 8 (width varies);
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Thence, with said south right-of-way line, North B90 54' 25" East, 14.49 feet to a 5/8-inch
iron rod with plastic cap stamped "LJA ENG." set for comer;
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Thence, leaving said south right-of-way line, South 450 58' 09" East, 50.78 feet to a 5/8-
Inch iron rod with plastic cap stamped "LJA ENG." set for comer;
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Thence, South 020 24' 12" East, 185.82 feet to the POINT OF BEGINNING and
containing 0.055 acre (2,380 square feet) of land.
LJA Engineering & Surveying, Inc.
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Page 2 of 2
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I:\Pro)dsk1\SURVEY\1957\0003\M&B\parceI1a e.mtdoc
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Integra Realty Resources - Houston
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City of Pearl and
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