Ord. 1097 02-10-03ORDINANCE NO. 1097
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE RIGHT-OF-WAY FOR THE CONSTRUCTION OF 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 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 right-of-way for the construction of 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 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 Exhibits "A",
"B", and "C" 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. 1097
acquire the properties, described in Exhibits "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
the acquisition of said right-of-way as the construction of 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 10th day of
February , A. D., 2003. -�
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
411,41
TOM REID
MAYOR
October 31, 2002
Jot: No.16104 202-005
DESCRIPTION OF
0.102 ACRE (4,464 S.F.)
CORRIGAN PARCEL 11
Being 0.102 acre (4,464 S.F.) of land located in the H.'T.&B.R,T� Co. Survey, Section 1` , Abstract Nc 240,
Brazotia County, Texas, more particularly being a portion of Lot 3C of the Figland Orchard S ibdivisioe .elc. 1, a
subdivision of record in Volume 3, Page 77, Plat Records, Brazoria Cc: arty, Texas and part of that cm .ain tract c o,.vcyed to
Mario Hulledo by inst<ument of record in Volume (91)975, Page P39, Deed Records, Brazoria Cot:r Ey, Texts (B C.D.R,),
said 0.102 acre (4,464 S.F.) being mote particularly described t y metes a.-rd bounds as follows (all bearings refe-enced to
the Texas State Plane Coordinate System, South Central Zon );
BEGINNING at a 5/8-inch iron rod fo';;td marking the common south comer of Lota 27 and 30 of said
subdivision, same being the common south crater of aid tract of land described in Volume (91)9' a, Page 889 rend that
certain tract of land conveyed to Jesus Gouales b.( instrvmer:t of record at Volume 1410, Page 17 i, B.CD.R., sat being
on the north right-of-way line of Fite P ;,ad;
Thence, with the south line of Lot 30 of said subdivision and sale tract of land describein Volume (91)9•75, Page
889 and the north line of Fite R. ,ad, South 85' 57' 20" West. 21.53 feet to : 5/S-inch iron rod r, ith elastic cap marked "LJA
ENG." stet for corner, from ' 'hi& a 1-inch iron rod found ,narking the yC ethwwest corner of said i act of land des Bribed in
Volume (91)975, Page Qi9 bears South. 65' 57' 20" West, 45.56 feet;
Thence, No ch 02° 47' 48" West, :09,65 feet to a 3/4-inch irat pipe found the north 'ant of said tre.et. of lard
described in Vo;. me (91)975, Page 889, same being the southwest c rner of teat certain tract of land calLd 3 acres
conveyed to Deborah Jean Myers by instruments of record in Volui.e 1.535, ?age 179 and Vc lume (91)':).2; Page 8,
B,C.D.R. art an the common line of Lots 22 and 30 of said subdivisie ., :om whit h a 1-inch iron pipe found markit:,` the
northwest comer of said tract of land described in Volume (91)975, Page a,. 3 bears South 86° 51' ace West, 46.21 feet;
Thence, with said common lot line and the common line of said tract of la.d described ir. \ a1um't (91)975, Page
889 and said 3 acre tract, North 88° 46' 55" East, 21.17 feet to a 1/2-snot iron pipe !o..nd marking':te crouton north corner
of Lots 27 and 30 of said subdivision and being the common note comer of sai i tracts of 1t :id descrbed in Volume
(91)975, Page 889 and Volume 1410, Page 170;
Thence, with the common lines of said tracts of land desaribed in Volume 91)975, Pagt 889 and Volume 1410,
Page 170 and Lots 27 and 30 of said subdivision, South 02' 53' el" East, 208.60 fet c to the POINT OF BEGINiaTNG and
containing 0.102 acre (4,464 S.F.) of land.
The above description prepared from a survey .,re! Bred by the undersigned, lated October 3:, 2002.
Jerry A. Davis
Registered Professional Lead Surveyor
Texas Registration No, 1S91
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EXHIBIT
Revised: September 25, 2002
August 28, 2002
Job No. 1 b 1C--0202-005
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DESCRIPTION OF
0.709 ACRE (30,870 S.F.)
CORRIGAN PARCEL 1
Being 0.709 acre (30,870 S.F,) of land located in the FT.T.&B.R.R. Co. Survey, Section 13, Abstract No. 240,
Brazoria County, .exas, more particularly being a portion of Lots 44 end 45 of the Figland Orchard Subdivision No. 1, a
subdivision of record Ln Volume 3, Page 77, Plat Records, Brazoria Cooney, Texas and being a portion of that certain called
3 acre tact cinveyed to Herman Eugene Lollis and wife, Lucy Marie Lotiis by instrument of record under Volume 1041,
Page 558. Deed Records, Brazoria County, Texas (B.C.D.R.), said 0.709 acre (30,870 S.F.) being more particularly
described by metes and bounds as follows (All bearings referenced to the Texas State Plane Coordinate System, South
Central Zone);
BEGINNING at a 5/8-inch iron rod with plastic cap ;narked "LJA ENG." set :narking the northwest comer of
aforementioned 3 acre tract, same being the southwest corner of that certain called 2.5 acre tract conveyed to Harold R.
Cheek and wife, Lois L. Cheek by instrument of record in Volume 954, Page 599 of said B.C.D.R. and being on the
common line of Lots 43 and 44 of said subdivision;
Thence, with common line of said 3 acre and 2.5 acre tracts, North 8'/` 18' 40" East, 150.00 feet to a 5/8-inch iron
rod with plastic cap marked "LJA ENG." set for corner and from which a 3/4-inch iron pipe found marking the co''r.mon
east corner of said 3 acre and 2.5 acre tracts bears North 87° 18' 40" East, 475.63 feet;
Thence, leaving said common line, South 02° 35' 39" East, at 34.30' pass the common line of Lots 44 a;tc 45 of
aforementioned subdivision and continue in all a distance of 205,80 feet to a point for corner on the south line of said acre
tract;
Thence, with said south line, South 87` 18' 40" West, 150.00 feet to a point for corner, same being the southwest
corner of said 3 acre tract and being on the common line of Lots 46 and 45 of said subdivision;
Thence, with said common lot lines and the west line of said 3 acre tract, North 0 35' 39" West, at 17' .50 feet
pass a 5/8-inch iron rod found on the common line of Lots 44 and 45 cf said subdivision and continue .n ail a di! -a; ce of
205.80 feet to the POINT OF BEGINNING and containing 0.709 acre (30,870 S.F.) of land.
The above description prepared from a survey prepared by the undersigned, dated August 14, �002.
Jerry A. Davis
Registered Professional Land Surveyor
Texas Registration No. 1891
LJA Engineering & Survey ng, Inc.
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DESCRIPTION OF
0.709 ACRE (30,895 S.F.)
CORRIGAN PARCEL 5
August 14, 2002
Job No.1610-0202405
Being 0.709 acre (30,895 S.F.) of land located in the H.T.&B.R.R. Co. Survey, Section 13, Abstract No,
240, Brazoria. County, Texas, more particularly being a portion of Lot 41 of the Figland Orchard Subdivision No. 1,
a subdivision of record in Volume 3, Page 77, Plat Records, Brazoria County, Texas and being a portion of that
certain called 3 acre tract conveyed to Miguel A. Aguilar and Yolanda Aguilar by instrument of record in File No.
94-002515, Official Records, Brazoria County, Texas (E.C.O.R.), said 0.709 acre (30,895 S.F.) being more
particularly described by metes and bounds as follows (all bearings referenced to the Texas State Play.e Coordinate
System, South Central Zone);
BEGINNING at a 5/8-inch iron rod with plastic cap marked "LJA ENG." set narking the northwest corner
of aforementioned 3 acre tract, same being the southwest corner of that certain called 5 acre tract conveyed to Edgar
Machinery Corporation (described in schedule 13") by instrument of record in File No. 93-046926, of said B.C,O.R.
and being on the common line of Lots 40 and 41 of said subdivision;
Thence, with the common line of said 3 acre and 5 acre tracts, same being the common line of Lots 40 and
41 of said subdivision, Norh 87° 15' 32" East, 150.00 feet to a 518-itch iron rod with plastic cap marked "LJA
ENG," set for corner and from which a 1/2-inch iron pipe found marking the common east corner of said 3 acre and
5 acre tracts bears North 87° 15' 32" East, 474.66 feet;
Thence, leaving said common lines, South 02° 35' 39" East, 205.95 feet to a 5/8-inch iron rod with plastic
cap [,narked "LJA ENG." set for corner on the common line of said 3 acre tract and that certain called 2 acre tract
conveyed to Melvin Triplett by insaument of record under File No. 96-025588, B.C.O.R., and from which a 1I2
inch iron pipe bears North 87° 14' 48" East, 474.80 feet found marking the common east comer of said 3 acre and 2
acre tracts;
Thence, with the common line of said 3 acre and 2 acre tracts, South 87° 14' 48" West, 150.00 feet to a 5/8-
inch iron rod with plastic, cap marked "LJA ENG." set for corner, same being the common west corner of said 3 acre
and 2 acre tracts and being on the common line of Lots 41 and 42 of aforementioned subdivision;
Thence, with said common lot lines and the west line of said 3 acre tract, North 02° 35' 39" West, 205.98
feet to the POINT OF BEGINNING and containing 0.709 acre (30,895 S,F.) of land.
The above description prepared from a survey prepared by the undersigned, dated August 14, 2002,
Jerry A. Davis
Registered Professional Land Surveyor
Texas Registration No. 1891
LJA Engineering & Surveying, Inc.
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