Ord. 1277 06-26-06ORDINANCE NO. 1277
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 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 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 Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition of fee
title, 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 road and utility 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. 1277
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 26th day of June,
A. D., 2006.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
EXHIBIT "A"
PARCEL 1
METES AND BOUNDS DESCRIPTION
1.0355 ACRES OUT OF
LOT 13, PHASE I AND A PORTION OF 1 FOOT RESERVE
BRAZORIA COUNTY INDUSTRIAL PARK,
PHASE I AND II
H. T. & B. R. R. COMPANY SURVEY, ABSTRACT NUMBER — 308
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 1.0355 acres out of Lot 13 and a portion of 1 Foot Reserve, Phase I, Brazoria County
Industrial Park, Phase I and II according to the plat thereof as filed in Volume 15, Page 389-390 Brazoria
County Plat Records, H. T. & B. R. R. Company Survey Abstract Number — 308, Pearland, Brazoria
County, Texas and being out of that certain tract as described in a deed dated 06-23-2005 from Ronald B.
Dokell, Trustee to R4 Resources, LLC as filed in Official Records of Real Property of Brazoria County at
Clerk's File Number 2005-036240 and being more particularly described by metes and bounds as follows
(Bearings based on Texas Coordinate System of 1983, South Central Zone);
Beginning at a point marking the northeast corner of said Lot 13 and the intersection of the westerly right-
of-way line of State Highway 35 (width varies) and the southerly right-of-way line of Industrial Drive
(width varies), from which a found 1/2" iron rod bears S 83° 25' 19" W — 0.18' for reference;
1. Thence S 32° 08' 06" E — 220.00' with the westerly right-of-way line of said State Highway 35 to
a point for corner from which a found 5/8" iron rod with cap (stamped RPLS 3686) bears
N 85° 24' 36" W — 0.25' for reference;
2. Thence S 86° 37' 26" W — 560.56' with the common north line of that certain tract as described
in a deed with an effective date of 07-01-1990 from George Alexander, et ux to Jud's Food
Services, Inc as filed in Official Records of Real Property of Brazoria County at Clerk's File
Number 94-004499 and the south line of said 1 Foot Reserve to a set 5/8" iron rod (stamped C.L.
DAVIS-RPLS 4464) for corner;
3. Thence N 03° 22' 34" W — 1.00' to a set 5/8" iron rod (stamped C.L. DAVIS-RPLS 4464)
marking the beginning of a curve to the left having a radius of 410.00' and a central angle of
28° 45' 34", from which a found 5/8" iron rod with cap (stamped RPLS 3686) bears
N 87° 40' 38" W — 0.99' for reference;
4. Thence with said curve and southerly right-of-way line of said Industrial Drive an arc distance of
205.79' and a chord bearing and distance of N 72° 14' 42" E — 203.64' to a set 5/8" iron rod
(stamped C.L. DAVIS-RPLS 4464) marking the point of tangency, from which a found 5/8" iron
rod with cap (stamped RPLS 3686) bears S 87° 12' 47" W — 0.42' for reference;
5. Thence N 57° 51' 54" E — 293.67' to a set 5/8" iron rod (stamped C.L. DAVIS-RPLS 4464) to
the POINT OF BEGINNING and containing 1.0355 acres (45,108 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: 1 - PARCEL 11-421-71 1.0355 acres M&B.doc
3-03-2006
1 - PARCEL 11-421-71 1.0355 ACRES M&B
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