Ord. 1324 2007-07-23
ORDINANCE NO. 1324
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 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. 1324
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, 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 23rd day of July, A. D.,
2007.
~~~
TOM R ID
MAYOR
ATTEST:
APPROVED AS TO FORM:
~'M.~
DARRIN M. COKER
CITY ATTORNEY
2
Exhibit "A"
Ordinance No. 1324
Metes and Bounds Description
Tract 3
Description of a 0.2152 acres (9,375 sq. ft.) tract of land being all of Lot 6 and the
West one-half (Y:z) of Lot 5, of the Airport Subdivision No.2, an Unrecorded
Subdivision in Brazoria County, out of Tract 6B, located in the H.T. and B.R.R.
Company, Section 11 Survey, Abstract 239, Brazoria County. Texas, and being
the same tract of land Deeded to Allie V. Harper as recorded in Volume 1559,
Page 702 of the Deed Records of Brazoria County, Texas and being more
particularly described by metes and bounds as follows: all coordinates and
bearings are based on Texas State Plane Coordinate System South Central
Zone (NAD 83) Datum.
COMMENCING at a point in the South right-of-way line of Walnut Street. being
the Northwest corner of Lot 9 of the said unrecorded Airport Subdivision No. 2
also being a corner of Lot A of the Pearland Pavilion Subdivision as recorded in
Volume 1, Page 395 of the Map Record of Brazoria County said point also being
at the Northeast corner of a 30 foot wide strip of land dedicated for the widening
of Walnut Street from which a found 5/8-inch iron rod bears North 020 32' 53"
West. 1.19 feet;
THENCE North 8r 19' 02" East, along the South right-of-way line of said Walnut
Street also being the North line of the said Airport Subdivision No.2, a distance
of 150.00 feet to a 5/8-inch iron rod with Amani Cap set for the Northwest corner
of said Lot 6 also being the Northeast corner of a 100 feet by 125 feet tract
described in Deed to Ellias Garcia Jr. et ux Eufemia Garcia in Vol. 797, Pg. 386
of the Deed Records of Brazoria County, Texas for the POINT OF BEGINNING
of the herein described tract of land;
THENCE North 870 19' 02" East, continuing along the South right-of-way line of
said Walnut Street also being the North line of the said Airport Subdivision No.2,
a distance of 75.00 feet, to a 5/8-inch iron rod with Amani Cap set in the North
line of Lot 5 of said Airport Subdivision No.2, also being the Northwest corner of
the tract of land Deeded to Thomas Trevino Jr. and Raymundo Martinez as
recorded in Volume 1565, Page 923 of the Deed Records of Brazoria County,
Texas for the Northeast corner of the herein described tract of land;
THENCE South 020 40' 58" East. a distance of 125.00 feet over and across said
Lot 5 to a point in the South line of said Lot 5 and said Airport Subdivision No.2
also being the North line of Lot A of the Pearland Pavilion Subdivision as
recorded in Volume 1, Page 395 of the Map Records of Brazoria County. Texas
for the Southeast corner of the herein described tract of land from which a found
1/2-inch iron rod bears South 760 43' 46" West, 2.47 feet;
THENCE South 8r 19' 02" West, along the South line of said Airport Subdivision
NO.2 and the North line of said Lot A, a distance of 75.00 feet. to a 5/8-inch iron
rod with Amani Cap set for the Southeast corner of said Lot 7 of said Airport
Subdivision No. 2 also being the Southwest comer of said Lot 6 and the of the
herein described tract of land;
THENCE North 02040' 58" West, with the common line between said Lots 6 and
7, a distance of 125.00 feet to the POINT OF BEGINNING containing 0.2152
acres (9,375 sq. ft.) of land.
Robert J. Armitage
Registered Professional Land Surveyor No.5685
AMANI ENGINEERING
WALNUT STREET (60' WIDE)
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VOL. 1, PC. 395 B.C.M.R.
SURVEYOR'S CERTIFICATION
PROPERTY SUBJECT TO SUBDIVISION COVENANTS. COHOmONS AIID RllSTRICTlONS.
I herebv cerlily 11101 lhis SU~ wos made on llle ground ond tho! lhis pial Cl)(recllr represents
lhe loels louoo ot Ibe lime 01 ~ sbowinq any Il1lprovemenls. Irom IeiJoI descripllCflS SlIppied
by cfoent. Thefe ore no encroocllmenis opparent on the ground. exctpl 05 shown. Ibis 5Ill"Iq is
oil!t c61ilied !or lxlullOOry and lhi; ~lIllSOCrlQl1 Oll~.
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PROPERTY IS NOT IN THE 100 YEAR FWOD ZONE, IN ZONE X.
ACCORDING TO F.I.R.M, MAP NO. 4839C0045 J. DATE SEPT. 22, 1999.
B'!' CIlAPHIHC PlOTllNG ONLY. WE 00 NOT ASS!JUE RESPONSllllllTY FOR EXACT OflERUlNATlOII.
SET 5/B"IR
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NOTES:
,. AlL COORDINATES AND BEARINGS ARE BASED ON ON ltXAS STATE PLANE
COORDINATE SYSTEM SOUTH CENTRAL ZONE (NAD S3, S..-0.999S86244).
2. ABSTRACTING PERrORUED 8Y NOTHING FURTHER CERTIFICATE WITH GF NO.
500061201 BY TEXAS A!.IERlCAN TITLE COl.lPANY.
3. THE WORD CERTIFY IS UNDERSTOOD TO BE AN ExPRESSION OF PROFESSIONAl
JUDGMENT BY THE SURVEYOR. WHICH IS BASED ON HIS BEST KNOWLEOGE.
INFORI.lATION AND SWEr.
4. SURVEY IS CERTIFIED FOR THIS TRANSACTION ONLY.
5. THIS SURVEY IS BEING PROVIDED SOLELY FOR THE USE Of' THE CURRENT
PARlIES AND THAT NO LICENSE HAS BEEN CREATED, EXPRESS OR IUPUED.
TO COPY THE SURvEY EXCEPT AS IS NECESSARY IN CONJUNCTION WITH THE
ORIGINAL TRANSACTION.
.NO.1/2"IR
"162'31'15"\11, 3.72'
LOT
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,
BOUNDARY SURVEY (TRACT 3)
75'X12S' TRACT OF LAND OUT OF TRACT 68 OF THE
SUBDIVISION OF SECTION NO. 11, H.T.&B.R.R. SURVEY. A-239,
BRAZORIA COUNTY, TEXAS.
ISSUED TO:
CITY OF PEARLANO
JOB NO.: SCL-03 SCALE: 1 "=30'
DATE: 7-19-06 KEY MAP# 615N
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:: I AMANI ENGINEERING, INC,
~ u 831J SOUTHwEST FREEWAY SUITt' 100 HOUSTON. Tx. 71074
5 To! (713) 270-5700 '0' (713) 211-3487