Ord. 1287 2006-08-14ORDINANCE NO. 1287
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,
UTILITY AND 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 road, utility and
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
road, utility and 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 road, utility and drainage
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, utility and 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. 1287
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, utility and 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 14th day of August,
A. D., 2006.
ATTEST:
APPROVED AS TO FORM:
/l/
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
EXHIBIT "A"
PARCEL TWENTY-THREE
METES AND BOUNDS DESCRIPTION
0.0115 ACRE OUT OF
F.B. DRAKE SURVEY, ABSTRACT NUMBER - 508
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 0.0115 acre out of F.B. Drake Survey, Abstract Number 508, Pearland, Brazoria
County, Texas 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 found 5/8" iron rod with cap (stamped WILSON SURVEY GROUP) marking the
intersection of the south right-of-way line of Magnolia Road as established by that certain right-
of-way deed dated 07-12-1989 from Herlinda V. Mendez to the City of Pearland as filed in
Volume (89) 710, Page 326 Brazoria County Official Records and the east right-of-way line of
McLean Road as established by that certain notice of Lis Pendens dated 10-20-2003 from
Herlinda V. Mendez, et al to the City of Pearland as filed in Official Records of Real Property of
Brazoria County at Clerk's File Number 03-067435;
1. Thence N 87° 13' 12" E — 31.77' with the existing south right-of-way line of said Magnolia
Road to a set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) for comer,
2. Thence S 42° 33' 51" W — 44.83' to a set 5/8" iron rod with cap (stamped C.L. DAVIS-
RPLS 4464) for corner;
3. Thence N 02° 33' 43" W — 31.51' with the east right-of-way line of said McLean Road to the
POINT OF BEGINNING and containing 0.0115 acre (501 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: 11-421-34 Parcel Twenty -Three 0.0115 acre M&B.doc
12-29-2005
11-421-34 Parcel Twenty -Three 0.0115 acre M&B.doc
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