Ord. 1341 2008-02-11
ORDINANCE NO. 1341
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE FEE SIMPLE TITLE AND A WATER AND SEWER EASEMENT
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
utility 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 Exhibits "A"
and "B" 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. 1341
acquire the property, described in Exhibits "A" and "8" 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 11 th day of February,
A. D., 2008.
ATTEST:
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TOM REID
MAYOR
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
2
Metes and Bounds Description
Tract 2
Description of a 0.2870 acres (12,500 sq. ft.) tract of land being all of Lot 8 and
Lot 7 of Airport Subdivision NO.2 an Unrecorded Subdivision in Brazoria County,
out of Tract 68, located in the H.T. and 8..R.R. Company, Section 11 Survey,
Abstract 239, Brazoria County, Texas being the same tract of land deeded to
Ellias Garcia Jr. et ux Eufemia Garcia in Vol. 797, Pg. 386 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
Cllso 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 widenin9,
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-at-way line of said walnut
Street also being the North line of the said Airport Subdivision No.2, a distance
of 50.00 feet to a point for the Northeast corner of said Lot 9 and the NorthWest
corner of Lot 8 also being the Northwest corner of the same tract of land deeded
to Ellias Garcia Jr. et ux Eufemia Garcia in Vol. 797, Pg. 386 of the De~d
Records of Brazoria County, Texas and the POINT OF BEGINNING of the herein
described tract of land;
THENCE North 870 19' 02" East, along the South right-of-way line of said We.lnut
Street also being the North line of the said Airport Subdivision No.2, a diste.nce
of 100.00 feet, to a 5/8-inch iron rod with Amani Cap set for the Northeast corner
of Lot 7 also being the Northwest corner of Lot 6 of the said Airport Subdivision
No.2 and the Northeast corner of the herein described tract of land;
THENCE South 020 40' 58" East, a distance of 125.00 feet with the common line
of said Lots 6 and 7 to a 5/8~inch iron rod with Amani Cap set in the South line of
the said Airport Subdivision NO.2 also being the North line of said Lot A for the
Southeast corner of the herein described tract of land;
THENCE South 8r 19' 02" West, along the South line of the said Airport
Subdivision NO.2 also being the North line of said Lot A, a distance of 100.00
feet, to a point for the Southwest corner of said Lot 8 also being the South ea5ft
corner of said Lot 9 and the Southwest corner of the herein described tract 0
land from which a found 5/8-inch iron rod bears North 380 09' 22" West, 2.07
feet;
THENCE North 020 40' 58" West, with the common line of said lots 8 and 9, a
distance of 125.00 feet to the POINT OF BEGINNING containing 0.2870 acres
(12,500 sq. ft.) of land.
Robert J. Armitage
Registered Professional land Surveyor No.5685
AMANI ENGINEERING
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PEARLAND PAVILION
VOL. 1, PG. 395 B.C.M.R.
SURVEYOR'S CERTIFICATION
PROPIIm' SUBJECT TO SUBDIVISION CQVENANTS. CONDmONS AND RESTRICTIONS.
Iller. cer~l~ lhot I~s SUMlY 1JOS mode on the ground o~ lhollhis pial correct~ represenls
lhe foels roun~ ,I iIle rune or ~ _ing ony 1IIIpI'0000menls, Irom 1egoI descriPj1Oll$ suppfled
by clielll. Jhe(e are no encroochmenls oppoienl on the glOll~, except os sIlown. his sUlYe)' is
oiIIJ cedified IGr Nundaly and lIlis IrIll5OCIioli ~.
PROPERTY IS NOT IN THE 100 YEAR FLOOD ZONE, IN ZONE X.
ACCORDING TO F.l.R.M. MAP NO. 4839C0045 J. DATE SEPT. 22. 1999.
BY GIW'HING P~OTTING ONLY, wE DO NOT IoSSUIIE RESPONSI8ILIIY fOR EXACT OETERI,UNATioN.
SET 5/S"IR
W/Al.IANI CAP
NOTES:
1. ALL COORDINATES AND BEARINGS ARE BASED ON ON TEXAS STATE PLANE
COORDINATE SYSTEM SOUTH CENTRAl ZONE (HAD 8J, sr.-0.999S86244).
2. ABSTRACTING PERFORMED BY NOTHING FURTHER CERTIFICATE WITH GF NO.
500061201 BY TEXAS Al.IERlCAN TITLE COMPANY.
3. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF' PROFESSIONAL
JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWlEDGE.
INroRIoIATlON AND BElIEF.
4. SURVEY IS CERTifiED FOR THIS TRANSACTION OHL Y.
5. THIS SURVEY IS BEING PROVIDED SOLELY FOR THE USE OF THE CURRENT
PARTIES AND THAT NO LICENSE HAS BEEN CREATED, EXPRESS OR IMPLIED,
TO COPY THE SURVEY EXCEPT AS IS NECESSARY IN CONJUNCTION WITH THE
ORIGINAL TRANSACTION.
BOUNDARY SURVEY (TRACT 2)
100'X 125' TRACT OF LA.ND OUT OF TRACT 68 OF THE
SUBDIVISION OF SECTION NO. 11, H.T.&8.R.R. SURVEY. A-239,
BRAZORIA COUNTY, TEXAS.
JOB NO.: SCL-02 SCALE: 1"=30'
DATE: 7-19"':06 KEY MAPII6151
ISSUED TO:
CITY Of PEARLAND
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n Tel (713) 270-5700 roo (713) 271-3487