Ord. 1256 02-27-06ORDINANCE NO. 1256
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. 1256
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:
0/17
UNGG/ R
TY S CRETAR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
M REID
MAYOR
City of Pearland
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January 11, 2006
Job No. 1957-0005-202
DESCRIPTION OF
0,758 ACRE (33,020 SQUARE FEET)
PARCEL 12
Being 0.758 acre (33,020 square feet) of land located in the James Hamilton Survey,
Abstract 881, Harris County, Texas, more particularly being a portion of that certain called 2
acre tract conveyed to Richard B. Mayor, et al, by instrument of record in File No. P197250,
Official Public Records, of Real Property, of said Harris County (H.C.O.P.R.O.R.P.), and being a
portion of Lot 3 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 0.758 acre (33,020
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 1-inch iron pipe found marking the northwest corner of said 2 acre
tract, same being the southwest corner of a 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., same being on the
east line of that certain called 60.0000 acre residue conveyed to LNR Clear Creek Spectrum
Limited Partnership, by instrument of record in File No, W982043, H.C.O.P.R.O.R.P., same
being the northwest corner of Lot 3 of said subdivision on the common survey line of said
James Hamilton Survey, Abstract 881 and the James Hamilton Survey, Abstract 876;
Thence, with the common line of said 2 and 12 acre tracts and the north line of Lot 3 of
said subdivision, North 87° 42' 11" East, 660.40 feet to a 5/8-inch iron rod with plastic cap
stamped "LJA ENG." set marking the northeast corner of said 2 acre tract, same being the
northwest corner of that certain called 1 acre tract conveyed to M. J. Bovor, by instrument of
record in Volume 457, Page 92, Deed Records, of said Harris County;
Thence, with the common line of said 2 and 1 acre tracts, South 02° 24' 12" East, 50.00
feet to a 5/8-inch iron rod with plastic cap stamped "LJA ENG." set for corner;
Page 1 of 2
I:\Projdskl\SURVEY\1 957\0005\M&B\parcel 12 0.758ac.doc
Integra Realty Resources - Houston
City of Pearland
-24-
January 27, 2006
0.756 acre January 11, 2006
Job No. 1957-0005-202
Thence, leaving said common line, South 87° 42' 11" West, 660.40 feet to a 5/8-inch iron
rod with plastic cap stamped "LJA ENG." set for corner on the common line of said 2 and
60.0000 acre tracts, and on the aforementioned common survey line and on the west line of Lot
3 of said subdivision;
Thence, with said common line, with said common survey line and said west line, North
02° 24' 10" West, 50.00 feet to the POINT OF BEGINNING and containing 0.758 acre (33,020
square feet) of land.
This description prepared from a survey and plat prepared by the undersigned dated
January 11, 2006.
LJA Engineering & Surveying, Inc.
Jerry A. Davis
Registered Professional Land Surveyor
Texas Registration No. 1793
Page 2 of 2
I`\Proidsk1\SURVEY11957\0005\M&8\parcel 12 0.758ac.doc
Integra Realty Resources - Houston
City of Pearland
-25-
EXHIBIT
a
January 11, 2006
Job No. 1957-0005-202
DESCRIPTION OF
0.152 ACRE (6,604 SQUARE FEET)
WATER AND SEWER EASEMENT
(10 FEET WIDE)
Being 0.152 acre (6,604 square feet) of land located in the James Hamilton Survey,
Abstract 881, Harris County, Texas, more particularly being a portion of that certain called 2
acre tract conveyed to Richard B. Mayor, et al, by instrument of record in File No. P197250,
Official Public Records, of Real Property, of said Harris County (H.C.O.P.R.O.R.P.), and being a
portion of Lot 3 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 0.152 acre (6,604
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 northwest corner of
said 2 acre tract, same being the southwest corner of a 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., same being
on the east line of that certain called 60.0000 acre residue conveyed to LNR Clear Creek
Spectrum Limited Partnership, by instrument of record in File No. W982043, H.C.O.P.R.O.R.P.,
same being the northwest corner of Lot 3 of said subdivision on the common survey line of said
James Hamilton Survey, Abstract 881 and the James Hamilton Survey, Abstract 876;
Thence, with the common line of said 2 and 60.0000 acre tract, said common survey line
and the west line of Lot 3 of said subdivision, South 02° 24' 10" East, 50.00 feet to a 5/8-inch
iron rod with plastic cap stamped °LJA ENG." set for the POINT OF BEGINNING;
Thence, North 87° 42' 11" East, 660.40 feet to a 5/8-inch iron rod with plastic cap
stamped "LJA ENG." set on the common line of said 2 acre tract and that certain called 1 acre
tract conveyed to M. J. Bovor, by instrument of record in Volume 457, Page 92, Deed Records,
of said Harris County;
Page 1 of 2
1:\Proldsk1\SURVEY\195710005\M&B\Parcel 12 esmtdoc
Integra Realty Resources - Houston
City of Pearland
-26-
January 27, 2006
0.152 acre
January 11, 2006
Job No. 1957-0005-202
Thence, with the common line of said 2 and 1 acre tracts, South 02° 24' 12" East, 10,00
feet to a point for corner;
Thence, leaving said common line, South 87° 42' 11" West, 660.40 feet to a point for
corner on the common line of said 2 and 60.0000 acre tracts, same being on the
aforementioned common survey line and on the west line of Lot 3 of said subdivision;
Thence, with said common line, with said common survey line and said west line, North
02° 24' 10" West, 10.00 feet to the POINT OF BEGINNING and containing 0.152 acre (6,604
square feet) of land.
Page 2 of 2
hlProjdsk1lSURVEY\1957t00051M&61parcel 12 esmt.doc
Integra Realty Resources - Houston
City of Pearland
-22-
January 27, 2006
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