Ord. 1145 01-12-04ORDINANCE NO. 1145
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 right-
of-way, by donation, purchase, condemnation, or otherwise, of certain real property located
within the City and situated in Brazoria County, more particularly described in Exhibit "A",
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. 1145
acquire the property, described in Exhibit "A" 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 l2th day of
January , A. D., 2004.
ATTEST:
NGL,T
SE ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
EXHIBIT
City of Pearland
Cullen Blvd. Extension Project
Parcel 4
1.440 acre tract
STATE OF TEXAS §
COUNTY OF BRAZORIA §
H. T. & B. R. R. CO. Survey
Abstract-309
METES AND BOUNDS DESCRIPTION of a 1.440 acre tract in the H.T. & B.R.R. CO. Survey,
Abstract 309, Brazoria County, Texas. Said 1.440 acre tract is in Lot 29 of the Allison -Richey
Gulf Coast Home Company's Part of Suburban Gardens Subdivision as recorded in Volume 2,
Page 23 of the Brazoria County Map Records and is further described as being part of a 9.9963
acre tract of land described in a deed conveyed from H. Lawrence Gardner, Jr., et al, to Randall
Alan Nemitz and wife, Barbara Jane Nemitr executed on January 15, 1992 as recorded in
Clerk's File No. 92992 507 in the Brazoria County Clerk's Office and is more particularly
described by metes and bounds as follows:
COMMENCING at a 1-inch iron pipe found for the northwest comer of said 9.9963 acre tract,
same being the common west comer of Lot 29 and Lot 28 of said Allison -Richey Gulf Coast
Home Company's Part of Suburban Gardens Subdivision and is in the east line of Lot 24 of said
Subdivision;
THENCE, North 87°23'32" East, along the north line of said 9.9963 acre tract, same being the
common lot line between said Lots 29 and 28, for a distance of 108.60 feet to a 5/8-inch iron rod
set for the POINT OF BEGINNING and the northwest comer of the herein described tract,
having a Texas State Plane grid coordinate of N 13,767,857.23, E 3,128,700.32;
THENCE, North 87°23'32" East, continuing along the north line of said 9.9963 acre tract and
said common line, for a distance of 109.96 feet to a 5/8-inch iron rod set in the proposed
easterly right-of-way of the extension of Cullen Road, said point being in a curve to the left and
is the northeast corner of the herein described tract;
THENCE, along said proposed right-of-way and with said curve to the left having a radius of
1950.00 feet, a central angle of 12°27'20", (chord bears South 34°04'18" East, 423.08 feet), for
an arc distance of 423.91 feet to a 5/8-inch iron rod set for the point of reverse curvature of a
curve to the right;
THENCE, continuing along said proposed right-of-way and with said curve to the right having a
radius of 2050.00 feet, a central angle of 05°44'47", (chord bears South 37°25'34" East, 205.52
feet), for an arc distance of 205.61 feet to a 5/8-inch iron rod set in the south line of the
aforementioned 9.9963 acre tract, same being the south line of the aforementioned Lot 29 and
is the north line of a 9.80 acre tract described in a deed conveyed from Realty Alliance of Texas,
Ltd., a Texas Limited Partnership to E. R. Milstead executed on February 21, 1989 as recorded
in Clerk's File No. 89662 745 in the Brazoria County Clerk's Office, said point being the
southeast comer of the herein described tract;
THENCE, South 87°23'32" West, along the south line of said 9.9963 acre tract, for a distance of
119.05 feet to a 5/8-inch iron rod set in the proposed westerly right-of-way of the extension of
9
Cullen Road, said point being in a curve to the left and is the southwest comer of the herein
described tract;
THENCE, along said proposed westerly right-of-way and with said curve to the left having a
radius of 1950.00 feet, a central angle of 03°53'44", (chord bears North 38°21'05" West, 132.55
feet), for an arc distance of 132.58 feet to the point of reverse curvature of a curve to the right;
THENCE, continuing along said proposed right-of-way and with said curve to the right having a
radius of 2050.00 feet, a central angle of 13°45'58", (chord bears North 33°24'59" West, 491.35
feet), for an arc distance of 492.54 feet to the POINT OF BEGINNING, containing a computed
area of 1.440 acres (62,747 square feet).
NOTE:
1. Bearings shown hereon are based on the City of Pearland Monumentation. Texas State
Plane Coordinate System, South Central Zone (NAD83).
The coordinate shown hereon is based on the City of Pearland G.P.S. Monument no. 7. Grid
coordinates = N 13769335.62, E 3138911.25, Texas State Plane Coordinate System, South
Central Zone (NAD83). Scale factor = .999370017.
3. A separate survey plat has been prepared in connection with this metes and bounds
description.
The Wilson Survey Group, Inc.
2006 E. Broadway, Suite105
Pearland, Texas 77588
(281) 485-3991
Job No: 02-125
AaL0 DAM,
Michael D. Wilson, R.P.L.S.
Registration No. 4821
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AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O.,Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
/Ns
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Galveston, Harris and Brazoria Counties, for / issues, as follows:
No. / Date /2 3( 20 63
No Date 20
No Date 20
No Date 20
No. Date 20
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Subscribe and sworn to before me this 12
20 03
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LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2008
•
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day of )4Q-
Laura Ann Emmons,Publisher
Notary Public, State of Texas
LIU MtAMIPKA ur I n[
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND
' TEXAS
APPLICATION NO.1145
Notice is hereby given that
on January 19, 2004, al
6:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
Pearland, in Brazoria, Hams
and Fort Bend Counties,
Adjustment of the City of
Pearland, Counties of
Brazoria, Harris and Fort
Bend, Texas, will conduct a
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Paksima Group, Inc., appli-
cant for Jeffrey P. and Sandra
C. Dolen, owners, for a vari-
ance from the requirements of
Chapter 22.6 Building
Facades, of the Land Use
and Urban Development
Ordinance of said City, on the
following described property,
to wit:
7.6525 acres, out of Lots 45
and 49 of the W. Zychinski
Subdivision of the H.T. &
B.R.R. Company Survey,
Section 3, Abstract 232,
Brazoria County, Texas
(North Side of Halik Road,
west of State Highway 35
(Main Street))
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
/s/ Theresa Grahmann
Planner I