Ord. 1304 2006-09-11ORDINANCE NO. 1304
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
EXHIBIT
a
PARCEL 1
METES AND BOUNDS DESCRIPTION
1.3318 ACRES OUT OF
LOTS 23 AND 24, L. W. MURDOCK SUBDIVISION
SECTION 2, A.C.H. & B. R.R. COMPANY SURVEY, ABSTRACT - 507
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 1.3318 acres out of Lots 23 and 24, L. W. Murdock Subdivision as filed in
Volume 29, Page 174 Brazoria County Deed Records in the A.C.H. & B. R.R. Company Survey,
Abstract — 507, Pearland, Brazoria County, Texas and being out of that certain tract described in
a deed dated 10-31-1988 from Doris Jean Nail Simon to Richard J. Burns & Bobby W. Shotwell,
Partnership as filed in Official Records of Real Property of Brazoria County at Volume (88)609,
Page 727 and being more particularly described by metes and bounds as follows (bearings shown
based on Texas Coordinate System of 1983, South Central Zone);
Commencing at a call and found 5/8" iron rod marking the northwest corner of that certain 2.520
acre tract as described in a deed dated 10-26-2004 from Jud's Food Stores, Inc. to City of
Pearland as filed in Official Records of Real Property of Brazoria County at Clerk's File Number
2004-066514, and the southwest corner of said Richard J. Burns and Bobby W. Shotwell,
Partnership tract and said point being on the easterly right-of-way line of the Burlington
Northern & Santa Fe Railroad (100' wide); Thence N 86° 41' 06" E — 1,949.23' with the south
line of said Richard J. Burns and Bobby W. Shotwell, Partnership tract, the north line of said
2.520 acre City of Pearland tract and the north line of that certain tract as described in a deed
dated 12-26-1991 from George Alexander, a/k/a Jud G. Alexander, et ux. to Jud's Food Stores,
Inc. as filed in Official Records of Real Property of Brazoria County at Clerk's File Number
94-004500 to a set 5/8" iron rod with cap (stamped C.L. Davis-R.P.L.S. 4464) marking a point
on a curve to the left having a radius of 1,960.00' and central angle of 08° 09' 15" and marking
the POINT OF BEGINNING of herein described tract;
1. Thence with said curve an arc distance of 278.95' and a chord bearing and distance of
N 28° 09' 32" W — 278.71' to a set 5/8" iron rod with cap (stamped C.L. Davis-R.P.L.S.
4464) marking the point of tangency;
2. Thence N 32° 14' 10" W — 408.30' to a set 5/8" iron rod with cap (stamped C.L. Davis-
R.P.L.S. 4464) for cut -back comer;
3. Thence N 77° 14' 10" W — 35.36' to a set 5/8" iron rod with cap (stamped C.L. Davis-
R.P.L.S. 4464) for cut -back corner;
4. Thence N 57° 45' 50" E — 84.94' with the southerly line of that certain tract as described in
Award of Special Commissioners, Cause Number C1033079, dated 01-20-2005, City of
Pearland vs. Richard J. Burns, et al. to a found 5/8" iron rod with cap (stamped C.L. Davis-
R.P.L.S. 4464);
11-421-71-Parcel 1-INDUST LOOP M&B.doc
5. Thence S 03° 18' 54" E — 27.23' with the westerly line of that certain tract as described in a
deed dated 12-14-1998 from Thomas P. Alexander and Bettye M. Alexander to T & B
Alexander Family Limited Partnership as filed in Official Records of Real Property of
Brazoria County at Clerk's File Number 98-053938 to a found 1 1/2" iron pipe for corner;
6. Thence N 86° 41' 06" E — 37.96' with the southerly line of said T & B Alexander Family
Limited Partnership tract to a set 5/8" iron rod with cap (stamped C.L. Davis-R.P.L.S. 4464)
for corner;
7. Thence S 32° 14' 10" E — 391.10' to a set 5/8" iron rod with cap (stamped C.L. Davis-
R.P.L.S. 4464) marking the beginning of a curve to the right having a radius of 2,040.00' and
a central angle of 09° 00' 14";
8. Thence with said curve an arc distance of 320.58' and a chord bearing and distance of
S 27° 44' 03" E — 320.25' to a set 5/8" iron rod with cap (stamped C.L. Davis-R.P.L.S. 4464)
for corner
9. Thence S 86° 41' 06" W — 85.32' with the south line of said Richard J. Burns and Bobby W.
Shotwell, Partnership tract and the north line of said Jud's Food Stores, Inc. tract, also being
the south line of said Abstract — 507 and the north line of the H. Stevens Survey, Abstract —
594 to the POINT OF BEGINNING and containing 1.3318 acres (58,014 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: 11-421-71-Parcel 1-INDUST LOOP M&B.doc
06-28-2006
11-421-71-Parcel 1-INDUST LOOP M&B.doc
ORDINANCE NO. 1304
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 11th day of
September, A. D., 2006.
ATTEST:
UNG
Y SE' ' ETAR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR