Ord. 1278 06-26-06ORDINANCE NO. 1278
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF DRAINAGE
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 drainage 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 to certain property for the construction of
drainage 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 drainage improvements on certain
real property located in Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition of
drainage easements, by donation, purchase, condemnation, or otherwise, of certain real
property located within the City and situated in Brazoria County. Specifically the property
described in Exhibits "A" and "B", attached hereto, shall be used for the location
construction, operation and maintenance of the drainage improvements.
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. 1278
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 drainage 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 26th day of June,
A. D., 2006.
ATTEST:
UNG 4'`" I , T
Y SE!t' ETARY
APPROVED AS TO FORM:
DARRIN M. COK R
CITY ATTORNEY
2
TOM REID
MAYOR
EXHIBIT
METES AND BOUNDS DESCRIPTION
73.8304 ACRES OUT OF
SUBDIVISION OF SECTION NO. 26, H.T. & B. R.R. LANDS
GEORGE C. SMITH OR H.T. & B. R.R. CO. SURVEY, ABSTRACT NUMBER. — 550
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 73.8304 acres being all or a portion of Lots 41, 42, 43, 44, 51, 52, 53 and 54 of
Subdivision of Section No. 26, H.T. & B. R.R. Lands according to the plat thereof as filed in
Volume 2, Page 129, Brazoria County Plat Records in the George C. Smith or H.T. & B. R.R.
Survey, Abstract Number — 550, Pearland, Brazoria County, Texas and being out of that ceain
tract described in a deed dated 12-31-1992 from Lloyd R. Ferguson, et al, Independent Co -
Executors to Michalyn Ordeneaux, et al as filed in Official Records of Real Property of Brazoria
County at Clerk's File Number 93-01943 and being more particularly described by metes and
bounds as follows (with all bearings based on the Texas Coordinate System, South Central Zone,
(NAD 83);
Beginning at a point marking the common southeast corner of said Lot 54 and the northeast
corner of Lot 55 of said Subdivision of Section No. 26 and marking the southeast corner of said
Ordeneaux tract and being within the existing right-of-way of Wells Road (County Road 115)
(60' wide);
1. Thence S 87° 22' 38" W with the south line of said Lots 44 and 54 and the north line of Lots
45 and 55, also being the south line of said Ordeneaux tract, passing the existing west
right-of-way line of said Wells Road at 20.00', passing a found 5/8" iron rod for reference at
58.8', passing a found 5/8" iron rod (disturbed) for reference at 68.9' and continuing a total
distance of 1,759.38' (Plat — 1,760.00') to a set 5/8" iron rod with cap (stamped C.L. DA VIS
- RPLS 4464) marking the common southwest corner of said Lot 44 and the southeast ccrner
of Lot 34 of said Subdivision of Section No. 26;
2. Thence N 02° 39' 05" W with the common west line of said Lots 44, 43, 42 and 41 and the
east line of Lots 34, 33, 32 and 31 of said Subdivision of Section No. 26, passing a point
marking the southeast corner of said Lot 32 at 990.00', from which point a found 1/2" iron
rod bears N 78° 58' 58" E — 0.20' for reference, passing a point marking the northeast cc rner
of said Lot 32 at 1,485.00', from which point a found 1/2" iron rod bears N 83° 31' 10" E —
0.29' for reference and continuing a total distance of 1,750.56' to a set 5/8" iron rod for
corner;
3. Thence N 87° 23' 43" E — 1,460.48' to a set 5/8" iron rod with cap (stamped C.L. DAVIS -
RPLS 4464) for corner;
4. Thence N 02° 36' 56" W — 500.00' to a set 5/8" iron rod with cap (stamped C.L. DAVIS -
RPLS 4464) for corner;
5. Thence the following three (3) courses with the southerly right-of-way line of prop psed
Bailey Road as established by that certain deed dated 06-16-2004 from Michalyn Ordeneaux
and Jacalyn DeLange to City of Pearland as filed in Official Records of Real Property of
Brazoria County at Clerk's File Number 2004-037168;
C:\Documents and Settings\James Henderson\Local Settings\Temporary Internet Files\0LK13\73 8304 Acres MB.doc
6. Thence N 87° 23' 43" E — 143.85' to a found 5/8" iron rod with cap (stamped C.I,. DAVIS -
RPLS 4464) marking the beginning of a curve to the right having a radius of 200.00' and a
central angle of 62° 41' 56";
7. Thence with said curve an arc distance of 218.86' and a chord bearing and distance of
S 33° 17' 10" E - 208.10' to a found 5/8" iron rod with cap (stamped C.L. DAVIS - RPLS
4464) for corner;
8. Thence N 86° 33' 04" E, passing the existing west right-of-way line of said Wells Road at
30.00' and continuing a total distance of 50.00' to a set 5/8" iron rod with cap (stamped C.L.
DAVIS - RPLS 4464) for corner;
9. Thence S 02° 36' 56" E — 2,071.77' with the east line of said Ordeneaux tract and the
common west line of said Abstract Number — 550 and the east line of the H.T. & 13. R.R. Co.
Survey, Abstract Number — 308, to the POINT OF BEGINNING and containing a gross area
of 73.8304 acres (3,216,052 square feet) of land, less 3.6052 acres (157,042 square feet)
within the existing right-of-way of said Wells Road and the fenced and occi:.pied c anal
running west of and parallel to the west right-of-way line of said Wells Road leaving a net
area of 70.2252 acres (3,059,010 square feet) of land more or less.
This metes and bounds description is accompanied by a separate plat, drawing or exhibit per
Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices"
Section 663.19(9).
Compiled by:
C.L. Davis & Company
Job Number: 73.8304 Acres M&B.doc
5-31-2006
C:\Documents and Settings\James Henderson\Local Settings\Temporary Internet Files\OLK13\73 8304 Acres MB.doc