Ord. 1098 02-24-03ORDINANCE NO. 1098
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE AN EASEMENT FOR THE CONSTRUCTION OF MUNICIPAL
IMPROVEMENTS INCLUDING, BUT NOT LIMITED TO WATER, SEWER
AND ROAD 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 municipal
improvements including, but not limited to water, sewer and road improvements along Fite
Road; and
WHEREAS, accordingly, the City Council hereby acknowledges that it is in the
public's best interest to acquire certain property for the construction of water, sewer and
road improvements on certain real property described herein; 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 municipal improvements,
including, but not limited to water, sewer and road improvements on certain real property
located in Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition of
property, by donation, purchase, condemnation, or otherwise, of certain real property
located within the City and situated in Brazoria County, more particularly described in
Exhibits "A", "B" and "C" attached hereto and incorporated herein for all purposes.
ORDINANCE NO. 1098
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 Exhibite "A", "B" and "C" 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
requiring the acquisition of said property as the construction of municipal services
including, but not limited to water, sewer and road 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 24th day of
February , A. D., 2003.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
04, 1
TOM REID
MAYOR
Exhibit "A"
Ord. 1098
PARCEL 2
METES AND BOUNDS DESCRIPTION
7,379 SQUARE FEET OUT OF LOT 22, BLOCK 3
SKYWAY MANOR SUBDIVISION
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 7,379 square feet being a proposed road widening out of Lot 22, Block 3
Skyway Manor Subdivision according to the plat thereof as filed in Volume 7, Page 67
Brazoria County Plat Records and being out of that certain tract as described in a deed
dated 07-22-1991 from Jack W. Gibson, et al to Billy R. Gibson, et ux as filed in Volume
(91) 965, Page 491 Brazoria County Official Records and being more particularly
described by metes and bounds as follows; (Bearings based on the Texas State Plane
Coordinate System, South Central Zone [NAD 83]);
Beginning at a set 5/8" iron rod with cap (Stamped C. L. Davis, R.P.L.S. 4464) marking
the intersection of the north right-of-way line of County Road 91 (Fite Road) (right-of-
way varies) and the east right-of-way line of Farm Market Road 1128 (right-of-way
varies);
1. Thence N 88° 22' 24" E — 393.15' with the monumented north right-of-way line of
said County Road 91 to a set 5/8" iron rod with cap (Stamped C. L. Davis, R.P.L.S.
4464) for corner;
2. Thence N 02° 43' 16" W — 21.95' with the east line of that certain tract as described
in a deed dated 10-20-1997 from Billy R. Gibson, et ux to Ernest D. Hays, Jr., et ux
as filed in Volume 985, Page 325 Brazoria County Deed Records to a set 5/8"
iron
rod with cap (Stamped C. L. Davis, R.P.L.S. 4464) for corner;
3. Thence S 87° 21' 50" W — 378.06' to a set 5/8" iron rod with cap (Stamped C. L.
Davis, R.P.L.S. 4464) for corner;
4. Thence N 47° 38' 43" W — 21.22' to a set 5/8" iron rod with cap (Stamped C. L.
Davis, R.P.L.S. 4464) for corner;
5. Thence S 02° 39' 16" E — 30.02' with the east right-of-way line of said Farm Market
Road 1128 to the POINT OF BEGINNING and containing 7,379 square feet of land
more or less.
This metes and bounds description is accompanied by a separate plat, drawing or
t
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: 11-421-60 Fite 7379sq ft M&B.doc
10/23/2002
11-421-60 Fite 7379sq ft M&B.doc
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PARCEL 9
METES AND BOUNDS DESCRIPTION
1,664 SQUARE FEET OUT OF LOT 17, PARTITION OF THE
EAST HALF OF THE NORTHWEST QUARTER OF SECTION 15
H.T. & B. R.R. SURVEY, ABSTRACT - 241
PEARLAND, BRAZORIA COUNTY, TEXAS
EXHIBIT
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Exhibit "B"
Ord. 1098
All that certain 1,664 square feet being a proposed road widening out of Lot 17,
Partition of the East Half of the Northwest Quarter of Section 15, H.T. & B. R.R. Survey,
Abstract — 241 according to the plat thereof as filed in Volume 441, Page 265 Brazoria
County Deed Records and being out of that certain tract as described in a deed dated
05-04-1972 from Gary D. Robinson, et ux to Raymond Terry Brashier, et ux as filed in
Volume 1,121, Page 161 Brazoria County Deed Records and being more particularly
described by metes and bounds as follows; (Bearings based on the Texas State Plane
Coordinate System, South Central Zone [NAD 83]);
Commencing at a found 5/8" iron rod with cap (Stamped C. L. Davis, R.P.L.S 4464)
marking the intersection of the north right-of-way line of County Road 91 (Fite Road)
(right-of-way varies) and the east right-of-way line of Piper Road (60' wide); Thence N
87° 16' 44" E — 720.40' with the north right-of-way line of said County Road 91 to a
set 5/8" iron rod with cap (Stamped C. L. Davis, R.P.L.S. 4464) marking the POINT OF
BEGINNING of herein described tract;
1. Thence N 02° 43' 16" W — 10.21' with the east line of that certain Parcel 30 as
described in a deed dated 02-23-2000 from Donald R. Cote to City of Pearland as
filed in Official Records of Real Property of Brazoria County at Clerk's File Number
00-007652 to a set 5/8" iron rod with cap (Stamped C. L. Davis, R.P.L.S. 4464) for
corner;
2. Thence N 87° 21' 50" E — 165.00' to a set 5\8" iron rod with cap (Stamped C. L.
Davis, R.P.L.S. 4464) for corner;
3. Thence S 02° 43' 16" E — 9.96' with the west line of that certain tract as described in
a deed dated 06-30-1988 from Majorian Wakefield Cathey, Guardian to Francis P.
Drapela, et ux as filed in Volume (88) 571, Page 284 Brazoria County Official
Records to a set "P-K" Nail in asphalt for comer;
4. Thence S 87° 16' 44" W — 165.00' with the north line of said County Road 91 to the
POINT OF BEGINNING and containing 1,664 square feet of land more or Tess.
This metes and bounds description is
exhibit per Texas Board of Professional
and Practices" Section 663.19(9).
accompanied by a separate plat, drawing or
Land Surveyor's " eneral Rules of Procedures
Compiled by:
C.L. Davis & Company
Job Number: 11-421-60 Fite 1664sq ft M&B.doc
01-30-2003
11-421-60 Rte 1664sq ft M&B.doc
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PARCEL 10
METES AND BOUNDS DESCRIPTION
1,624 SQUARE FEET OUT OF LOT 17, PARTITION OF THE
EAST HALF OF THE NORTHWEST QUARTER OF SECTION 15
H.T. & B. R.R. SURVEY, ABSTRACT - 241
PEARLAND, BRAZORIA COUNTY, TEXAS
EXHIBIT
b
a C
Exhibit "C"
Ord. 1098
All that certain 1,624 square feet being a proposed road widening out of Lot 17,
Partition of the East Half of the Northwest Quarter of Section 15, H.T. & B. R.R. Survey,
Abstract — 241 according to the plat thereof as filed in Volume 441, Page 265 Brazoria
County Deed Records and being out of that certain tract as described in a deed dated
06-30-1988 from Marjorian Wakefield Cathey, Guardian to Francis P. Drapela, et ux as
filed in Volume (88) 571, Page 284 Brazoria County Official Records and being more
particularly described by metes and bounds as follows; (Bearings based on the Texas
State Plane Coordinate System, South Central Zone [NAD 83]);
Commencing at a found 5/8" iron rod with cap (Stamped C. L. Davis, R.P.L.S 4464)
marking the intersection of the north right-of-way line of County Road 91 (Fite Road)
(right-of-way varies) and the east right-of-way line of Piper Road (60' wide); Thence N
87° 16' 44" E — 885.40' with the north right-of-way line of said County Road 91 to a
set "P-K" Nail in asphalt marking the POINT OF BEGINNING of herein described tract;
1. Thence N 02° 43' 16" W — 9.96' with the east line of that certain tract as described
in a deed dated 05-04-1972 from Gary D. Robinson, et ux to Raymond Terry
Brashier, et ux as filed in Volume 1,121, Page 161 Brazoria County Deed Records to
a set 5/8" iron rod with cap (Stamped C. L. Davis, R.P.L.S. 4464) for corner;
2. Thence N 87° 21' 50" E — 165.00' to a set 5\8" iron rod with cap (Stamped C. L.
Davis, R.P.L.S. 4464) for corner;
3. Thence S 02° 43' 16" E — 9.72' with the west line of that certain tract as described in
a deed dated 02-05-1996 from Richard J. Trest, et ux to Larry D. Hood, et ux as
filed in Official Records of Real Property of Brazoria County at Clerk's File Number
96-007634 to a set 5\8" iron rod with cap (Stamped C. L. Davis, R.P.L.S. 4464) for
corner;
4. Thence S 87° 16' 44" W — 165.00' with the north line of said County Road 91 to the
POINT OF BEGINNING and containing 1,624 square feet of land more or Tess.
This metes and bounds description is accompanied by a separate plat, drawing or
exhibit per Texas Board of Professional Land Surveyor's " - - 4eral Rules of Procedures
and Practices" Section 663.19(9).
Compiled by:
C.L. Davis & Company
Job Number: 11-421-60 Fite 1624sq ft M&B.doc
01-30-2003
11-421-60 Fite 1624sq ft M&B.doc
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