Ord. 1288 2006-08-14ORDINANCE NO. 1288
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 AND A WATER AND SEWER
EASEMENT 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 and easements rights, 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.
The property described in Exhibits "C" and "D", attached hereto, shall be used for the
location, construction, operation and maintenance of water and sewer improvements.
ORDINANCE NO. 1288
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
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:
044.,_.- gak,
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
EXHIBIT "A"
PARCEL THIR i'LEN
METES AND BOUNDS DESCRIPTION
0.0396 ACRE OUT OF
F.B. DRAKE SURVEY, ABSTRACT NUMBER - 509
PEARLAND, BRAZORIA COUNTY, 1.1.XAS
All that certain 0.0396 acre out of F.B. Drake Survey, Abstract Number 509 and being more
particularly described by metes and bounds as follows (bearings based on Texas Coordinate
System of 1983, South Central Zone);
Commencing at a found 5/8" iron rod marking the intersection of the existing south right-of-way
line of Magnolia Road and the existing west right-of-way line of McLean Road; Thence
S 87° 12' 37" W — 794.80' with the existing south right-of-way line of said Magnolia Road
(existing 80' wide) to a set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) marking
the POINT OF BEGINNING of herein described tract and marking the northeast corner of that
certain tract as described in a deed dated 12-06-1974 from Raymond Arthur Schriewer, et ux to
Abel C. Rodriguez, et ux as filed in Volume 1231, Page 01 Brazoria County Deed Records;
1. Thence S 02° 40' 01" E — 5.16' with the east line of said Rodriguez Tract to a set 5/8" iron
rod with cap (stamped C.L. DAVIS-RPLS 4464) for corner;
2. Thence S 87° 11' 08" W—330.00' with the proposed south right-of-way line of Magnolia
Road to a set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) for corner;
3. Thence N 02° 40' 01" W — 5.30' with the east line of that certain tract as described in a deed
dated 07-20-2005 from Elaine Janet W. Hadden to Pearland Independent School District as
filed in Official Records of Real Property of Brazoria County at Clerk's File Number 2004-
043122 to a found 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) for corner;
4. Thence N 87° 12' 37" E — 330.00' with the existing south right-of-way line of Magnolia
Road as established by that certain right-of-way deed dated 03-16-2000 from Abel C.
Rodriguez to the City of Pearland as filed in Official Records of Real Property of Brazoria
County at Clerk's File Number 00-011552 to the. PONT OF BEGINNTh G and containing
0.0396 acre (1,727 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 Thirteen 0.0396 acre M&B.doc
12-29-2005
11-421-34 Parcel Thirteen 0.0396 acre M&B.doc
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DATE 12-27-2005
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EASEMENT T P N
METES AND BOUNDS DESCRIPTION
1,776 SQUARE FEET OUT OF
F.B. DRAKE SURVEY, ABSTRACT NUMBER - 509
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 1,776 square feet out of F.B. Drake Survey, Abstract Number 509 and being
more particularly described by metes and bounds as follows (bearings based on Texas
Coordinate System of 1983, South Central Zone);
Commencing at a found 5/8" iron rod marking the intersection of the existing south right-of-way
line of Magnolia Road (existing 80' wide) and the existing west right-of-way line of McLean
Road; Thence S 87° 12' 37" W — 794.80' 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) marking the
northeast corner of that certain tract as described in a deed dated 12-06-1974 from Raymond A.
Schriewer, et ux to Abel C. Rodriguez, et ux as filed in Volume 1231, Page 01 Brazoria County
Deed Records; Thence S 02° 40' 01" E — 10.00' with the east line of said Rodriguez Tract to a
point marking the POINT OF BEGINNING of herein described tract;
1. Thence S 02° 40' 01" E — 5.16' continuing with the east line of said Rodriguez tract to a
point for corner;
2. Thence S 87° 11' 08" W — 320.03' to a point for corner;
3. Thence S 42° 11' 08" W — 14.14' to a point for corner;
4. Thence N 02° 40' 01" W — 15.30' with the west line of that certain tract described in a deed
dated 12-06-1974 from Raymond A. Schriewer, et ux to Abel C. Rodriguez, et ux filed in
Volume 1229, Page 822 Brazoria County Deed Records to a point for corner;
5. Thence N 87° 12' 37" E — 330.00' with the south line of a 10' wide water and sewer
easement filed in Official Records of Real Property of Brazoria County at Clerk's File
Number 99-042449 to the POINT OF BEGINNING and containing 1,776 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 Easement Thirteen M&B.doc
02-07-2006
11-421-34 Easement Thirteen M&B.doc
EXHIBIT
0-11-421-34-RYAN-ACRES-PARCEL-MAP.dwg
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