Ord. 1254 02-27-06ORDINANCE NO. 1254
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. 1254
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:
or-
UNG a'-F GR
TY S' RETAR
APPROVED AS TO FORM:
ei.‘_:_, It_a_
DARRIN M. COKER
CITY ATTORNEY
2
Je
TOM REID
MAYOR
City of Pearland
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EXHIBIT
‘A/1
October 10, 2005
Job No. 1957-0003-202
DESCRIPTION OF
1.971 ACRES
PARCEL 9
Being 1.971 acres of land located in the James Hamilton Survey, Abstract 881, Harris
County, Texas, more particularly being a portion of the residue of a called 80 acre tract
conveyed to Paul Fruge, by instrument of record in Volume 3298, Page 117, Deed Records, of
said Harris County (H.C.D.R.), and being a portion of Lot 5 as shown on the James Hamilton
Survey Subdivision, a subdivision of record in Volume 83, Page 342, H.C.D.R, said 1.971 acres
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 1-inch iron pipe found marking the northwest comer of said 80 acre
tract, same being the northeast comer of that certain called 5.00 acre tract conveyed to Joseph
De George, by instrument of record in Volume 1515, Page 375, H.C.D.R., on the south 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
and being the common west corner of Lots 5 and 6 of said subdivision;
Thence, with the common line of said 80 and 127.64 acre tracts and the common line of
Lots 5 and 6 of said subdivision, North 87° 32' 13" East, 1657.79 feet to a 5/8-inch iron rod
found marking the southeast corner of said 127.64 acre tract, and on the westerly right-of-way
line of State Highway No. 288 (width varies);
Thence, with said westerly right-of-way line, South 03° 02' 23" East, 85.00 feet to a 5/8-
inch iron rod with plastic cap stamped "LJA ENG." set for corner;
Thence, leaving said westerly right-of-way line, North 47° 45' 05" West, 49.75 feet to a
5/8-inch iron rod with plastic cap stamped "LJA ENG." set for comer;
Page 1 of 2
I:IProJdsk11SURVEV11957100031M&B\parcel 9 1.971 ac.doc
Integra Realty Resources - Houston
City of Pearland
-24-
November 3, 2005
1.971 acres October 10, 2005
Job No. 1957-0003-202
Thence, South 87° 32' 13" West, 1538.34 feet to a 5/8-inch iron rod with plastic cap
stamped "LJA ENG." set for corner;
Thence, South 42' 34' 01° West, 49.52 feet to a 5/8-inch iron rod with plastic cap
stamped °LJA ENG." set for corner;
Thence, South 87° 35' 48" West, 50.00 feet to a 5/8-inch iron rod with plastic cap
stamped "LJA ENG." set for comer on the common line of the aforementioned 80 and 5.00 acre
tracts and on the common line of Lots 4 and 5 of said subdivision;
Thence, with said common line and said common lot line, North 02° 24' 12" West, 84.95
feet to the POINT OF BEGINNING and containing 1.971 acres of land.
This description prepared from a survey and plat prepared by the undersigned dated
October 10, 2005.
LJA Engineering & Surveying, Inc.
7944.5
Jerry A. Davis
Registered Professional Land Surveyor
Texas Registration No. 1793
Page 2 of 2
I:\ProJdskl \ SURVEY \1957\0003\M&B\parcel 9 1.971a c.doc
Integra Realty Resources - Houston
City of Pearland
-25-
EXHIBIT
QQ
1
October 10, 2005
Job No. 1957-0003-202
DESCRIPTION OF
0.374 ACRE (16,294 SQUARE FEET)
WATER AND SEWER EASEMENT
(10 FEET WIDE)
Being 0.374 acre (16,294 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
80 acre tract conveyed to Paul Fruge, by instrument of record in Volume 3298, Page 117, Deed
Records, of said Hams County (H.C.D.R.), and being a portion of Lot 5 as shown on the James
Hamilton Survey Subdivision, a subdivision of record in Volume 83, Page 342, H.C.D.R, said
0.374 acre (16,294 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 found on the north line of said 80
acre tract, same being the southeast corner of that certain called 127.64 acre tract conveyed to
Pearland Lifestyle Center, L.P., by instrument of record to File No. Y326977, Official Public
Records of Real Property, of said Harris County, on the common line of Lots 5 and 6 of said
subdivision, and on the westerly right-of-way line of State Highway No. 288 (width varies);
Thence, with said westerly right-of-way Tine, South 03° 02' 23" East, 85.00 feet to a 5/8-
inch iron rod with plastic cap stamped "LJA ENG." set for the POINT OF BEGINNING;
Thence, continuing with said westerly right-of-way line, South 03° 02' 23" East, 14.21
feet to a point for corner;
Thence, leaving said westerly right-of-way line, North 47° 45' 05" West, 55.74 feet to a
point for corner;
Thence, South 87° 32' 13" West, 1530.09 feet to a point for corner;
Page 1 of 2
1:%Projdskl\SURVEY1195710003\M&$\parcel 9 esmt.doc
Integra Realty Resources - Houston
City of Pearland
-26-
November 3, 2005
0.374 acre October 10, 2005
Job No. 1957-0003-202
Thence, South 42° 34' 01" West, 35.39 feet to a point for comer;
Thence, South 87° 35' 48" West, 14.13 feet to a 5/8-inch iron rod with plastic cap
stamped "LJA ENG." set for corner;
Thence, North 42° 34' 01" East, 49.52 feet to a 5/8-inch iron rod with plastic cap
stamped "LJA ENG." set for corner;
Thence, North 87° 32' 13" East, 1538.34 feet to a 5/8-inch iron rod with plastic cap
stamped "LJA ENG." set for corner;
Thence, South 47° 45' 05" East, 49.75 feet to the POINT OF BEGINNING and
containing 0.374 acre (16,294 square feet) of land.
Page 2 of 2
1:1Projdsk115URVEY11957100031M&B1parcel 9 esmt.doc
LJA Engineering & Surveying, Inc.
Integra Realty Resources - Houston
City of Pe /a d
-22
Novembe 3, 2005
1:\Pro Jdsk1\SURVEY \1957\0003\Cad \parcel 9. dgn
10-10-2005 15:59!58
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