Ord. 1289 2006-08-14ORDINANCE NO. 1289
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. 1289
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:
1211,1AL
DARRIN M. COKER
CITY ATTORNEY
2
2(-4a.
Rfl
TO
MAYOR
PARCEL BC-7
METES AND BOUNDS DESCRIPTION
0.707 ACRE OUT OF
LOT 37, SECTION 80
ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION
PEARLAND, BRAZORIA COUNTY, TEXAS
.0
EXHIBIT
•44'
All that certain 0.707 acre out of Lot 37, Section 80, Allison —Richey Gulf Coast Home Company
Subdivision according to the plat thereof filed in Volume 2, Page 98 Brazoria County Plat
Records and out of that certain tract described in a deed dated 03-10-2004 from Ashton Southern
Trails Joint Venture to Trinity Presbytery of the Cumberland Presbyterian Church as filed in
Official Records of Real Property of Brazoria County at Clerk's File Number 2004-025666 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 disc in concrete stamped City of Pearland GPS Monument No. 9 from
which City of Pearland GPS Monument No. 10 bears S 08° 12' 14" E — 2,401.89' from said
point; Thence S 81° 37' 09" W — 4,754.99' to a point marking the POINT OF BEGINNING of
herein described tract and the northeast corner of said Lot 37;
1. Thence S 03° 13' 45" E — 70.00' with the east line of said Lot 37 to a set 5/8" iron rod with
cap (stamped C.L. DAVIS-RPLS 4464) for corner;
2. Thence S 86° 46' 15" W — 439.93' to a set 5/8" iron rod with cap (stamped C.L. DAVIS-
RPLS 4464) for corner;
3. Thence N 03° 17' 06" W — 70.00' with the east line of that certain tract described in a deed
dated 01-07-2004 from Conifer Development, Ltd. to Ashton Southern Trails Joint Venture
as filed in Official Records of Real Property of Brazoria County at Clerk's File Number
04-002615 to a point for corner;
4. Thence N 86° 46' 15" E — 440.00' with the south line of that certain 50' right-of-way strip as
dedicated by Shadow Creek Ranch SF-18B according to the plat thereof filed in Volume 23,
Page 393-394 Brazoria County Plat Records to the POINT OF BEGINNING and containing
0.707 acre (30,797 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: 11-421-43 parcel BC 7 M&B.doc
11-11-2004
11-421-43 parcel BC 7 M&B.doc
i
ORIGINAL AREA (APPROX.)
RIGHT—OF—WAY TAKING
RESIDUE
LEGEND
10.04 ACRES
0.707 ACRE
9.333 ACRES
(S.) SET 5/8" IR SHADOW CREEK RANCH SF-18B
WITH CAP (VOL. 23, PG. 393-394 B.C.P.R.)
BLOCK 1
NOTES:
1. THE SURVEYOR HAS NOT ABSTRACTED THE SUBJECT
PROPERTY BUT HAS REUED ON HENDERSON ABSTRACT
COMPANY TO PROVIDE DEED COPIES OF THE SUBJECT
PROPERTY AND ADJOINERS.
2. THE BASIS OF BEARINGS SHOWN IS REFERENCED TO THE
TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL
ZONE.
3. THE BUILDINGS OR IMPROVEMENTS SHOWN HEREON
REPRESENT THE OUTUNE AT GROUND SURFACE LEVEL.
UNLESS OTHERWISE NOTED.
4. THE UTILITY APPURTENANCES ( i.e., utility poles, inlets, etc.)
SHOWN HEREON ARE THOSE VISIBLE AT THE TIME OF
SURVEY AND MAY NOT BE COMPLETE.
5. TRACT SHOWN HEREON SUBJECT TO CITY OF PEARLAND
BUILDING ORDINANCE.
6. UNDERGROUND UTILITIES NOT SHOWN. CONTRACTOR 15
RESPONSIBLE FOR VERIFICATION OF UNDERGROUND UT1UTIES.
7. THIS SURVEY PLAT 15 ACCOMPANIED BY A SEPARATE METES
AND BOUNDS DESCRIPTION PER TEXAS BOARD OF
PROFESSIONAL LAND SURVEYOR'S "GENERAL RULES OF
PROCEDURES AND PRACTICES" SECTION 663.19(9).
8. SET CAPPED RODS STAMPED C.L. DAVIS, R.P.L.S. NO. 4464
NORTH R/W LINE (VOL. 23, PG. 393-394 B.C.P.R.)
RESTRICTED RESERVE A"
FND.5/8"IR/CAP
SOUTH LINE A-565
NORTH LINE A-564
N
COUNTY ROAD 92 (R/W VARIES)
N 86'46'15"
440.00'
0
0
0
EXISTING ASPHALT ROAD
DEDICATED FOR R/W WIDENING
OF BROADWAY STREET(C.R. 92) -
(VOL. 23, PG. 393-394 B.C. P.R. )
S 81'37'09"
4,754.99'
PP
PARCEL
BC-8
z
O
FND.1 /2"IR
0+48.38-0.55' WEST
FND.1 /2"IR
0+18.18-0.46' WEST
t
PP
OCCUPIED SOUTH R/W
ORIGINAL 40' ROADWAY
(VOL. 2, PG. 98 8.C.P.R.)
PARCEL BC-7
0.707 ACRE
(30,797 SQ FT)
S 86'46' 15" W 439.93'
P.O.B.
PP
FND.1 /2"IP
0+50.19-0.85' WEST
FND.2"IP
0+21.98-0.51' WEST
PROPOSED SOUTH R/W
LINE
DISTANCE
BEARING
L I
70.00'
N 03' 17'06" W
L2
70.00'
S 03'13'45" E
LOT 37
LOT 38
(S)
LOT 37
8C-7
CALLED 10.04 ACRES
EAST 1/2 LOTS 37 AND 38
ASHTON SOUTHERN TRAILS JOINT VENTURE
TO
TRINITY PRESBYTERY OF THE CUMBERLAND
PRESBYTERIAN CHURCH
(2004-025666 B.C.O.R.)
03-10-2004
0+00
0
h
X
BARBWIRE FENCE
PARCEL
BC-6
LOT 47
BC-6
LOT 47
ELIZABETH V. WEEMS, ET AL
To
WILLIAM C. WALSH
93-032264 BCOR
08-24-1993
SECTION 80
ALLISON—R/CHEY GULF COAST
HOME CO. 's SUBDIVISION
(Vol. 2, Pg. 98 B.C.P.R.)
H.T. & B. R.R. Co. SURVEY
A-564
CALL-440.00'
co
COMMENCING POINT
CPS MONUMENT No. 9
DATE
4464
C.L. DAVIS R.P.L.S. No.
I HEREBY CERTIFY THAT THIS SURVEY WAS
MADE ON THE GROUND ON 08-20-2004
AND THAT THIS DRAWING SUBSTANTIALLY
COMPUES WITH THE CURRENT TEXAS
SOCIETY OF PROFESSIONAL SURVEYORS
STANDARDS AND SPECIFICATIONS FOR A
CATEGORY 2, CONDRION 1 SURVEY.
THIS CERTIFICATION IS REVOKED AND THE
SURVEY NULL AND VOID IF THIS DOCUMENT
IS ALTERED IN ANY MANNER, OR DOES NOT
BEAR AN ORIGINAL SEAL AND SIGNATURE OF
THE SURVEYOR.
GPS MONUMENT No. 10
PARCEL BC-7
r-cTI
C.L. DAVIS & CO. NDING WAY
FRENDS00 IWOOD, TEXAS 77546
LAND SURVEYING 281-482-9490
ROUTE SURVEY
0.707 ACRE OUT OF LOT 37
SECTION 80
ALLISON-RICHEY GULF COAST
HOME CO.'S SUBDIVISION
(VOL. 2, PG. 98 B.C.P.R.)
PEARLAND, BRAZORIA COUNTY, TEXAS
DATE: D9-28-2004 'SCALE: 1" = 60' IJOB NO.: 11-421-43
DWG. 42143GPS1—SURFACE—PARCEL