Ord. 1342 2008-03-10ORDINANCE NO. 1342
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 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 fee simple title to certain property 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"
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. 1342
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 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 March,
A. D., 2008.
~~
~~`~;~~"~~~~,,,, TOM REID
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
EXHBIT "A"
Associates, Ina
0.16 ACRES
(Lot 41-Tract 1)
FIELD NOTES of a 0.16 acre tract of Land out of the H.T.& B. Railroad Company Survey,
Abstract 549, Brazoria County, Texas; said 0.16 acre tract of land being out of Lot 41 of
the Allison Richey Gulf Coast Home Company Subdivision, Section 24 as recorded in
Vaiume 2, Page 89 of the map records of Brazoria County, Texas; said 0.16 acre tract of
land being out of a tract of land conveyed to Thang D. Mai and Lien T. Dinh as recorded in
County Clerk's File No. 96-005841 of the Official Public Records of Brazoria County,
Texas; said 0.16 acre tract of land being more particularly described by metes and bounds
as follows:
NOTE: All bearings are Lambert grid bearings and all coordinates refer to the Texas State
Plane Coordinate System, South Central Zone, as defined by Article 21.071 of the Natural
Resources Code of the State of Texas, 1983 Datum (1986 Adjustment). All distances are
actual distances. Scale factor = 0.999870259. Reference is made to drawing of even date
accompanying this metes and bounds description.
COliRMENCING at the intersection of the East line of said Lot 41, the West Iine of Lot
51, and the South right-of--way Line of Bailey Road (a.k.a. County Road 101) (70' R.O.W
per C.C.F.No. 96-005841); also being on the North line of a tract of land conveyed to
Nguyet Thi Doan, Binh Duc Mai, Joseph Hunganh Hoang, and Lien Thuy Dinh as
recorded in County Clerk's File No. 95-038285 of the Official Public Records of Brazoria
County, Texas; from this corner a found 1 inch iron pipe bears N 75°11'43" W, a distance
of 3.11 feet.
THENCE S 87°20'02" W along the South right of way line of said Bailey Road, also
being the North line of said tract of land conveyed to Nguyet Thi Doan, Binh Duc Mai, Joseph
Hunganh Hoang, and Lien Thuy Dinh, a distance of 32.68 feet to the Northeast corner of said tract
of land conveyed to to Thang D. Mai and Lien T. Dinh, also being the Northwest corner of
said tract of land conveyed to Nguyet Thi Doan, Binh Duc Mai, Joseph Hunganh Hoang, and
Lien Thuy Dinh and being the PLACE OF BEGINNING of the herein described tract of land;
said beginning point having Texas State Plane Coordinate Values of Y = 13,758,847.b4 and X =
3,13 9,514.24.
THENCE S 02°38'35" E along the East line of this tract of land, the East line of said Exact
of land conveyed to Thong D. Mai and Lien T. Dinh, and the West line of said tract of Iand
conveyed to Nguyet Thi Doan, Binh Duc Mai, Joseph Hunganh Hoang, and Lien Thuy Dinh, a
distance to 314.64 feet to the Southeast corner of this tract of land; said comer also being the
Southeast corner of said tract of land conveyed to to Thang D. Mai and Lien T. Dinh, and the
2820 FM 517 EAST, DICKINSON, TEXAS 77539 (281) 309-9100 (281 } 309-9300 (FAX)
Northeast corner of a tract of land conveyed to Phuc Van Mai and Nguyet T. Doan as
recorded in County Clerk's File No. 96-005841 of the Official Public Records of Brazoria
County, Texas.
THENCE S 87°21'25" W along the South 1zne of this tract of land, and the North line of
said tract of land conveyed to Phuc Van Mai and Nguyet T. Doan, a distance of 22.65 feet
to a set pin and cap stamped "JKC 5580" for the Southwest corner of this tract of land.
THENCE N 02°38'35" W along the West line of this tract of land, a distance of 314.63
feet to a set pin and cap stamped "JKC 558x" far the Northwest comer of this tract of land;
said comer also being on the North line of said tract of land conveyed to Thang D. Mai and
Lien T. Dinh, and the South right of way line of said Bailey Raad.
THENCE N 87°20'02" E along the North line of this tract of land, the North line of said
tract of land conveyed to Thang D. Mai and Lien T. Dinh, and the South right of way line
of said Bailey Road, a distance of 22.65 feet to the PLACE OF BEGINNING; containing
within said boundaries a calculated area of 0.16 acres (7126.49 sq. ft.) of land.
Surveyed: May 2006 -June 2007
I hereby certify that the above described tract of land was surveyed on the ground and
under my direction, and that this description accurately represents the facts as found on the
ground this date.
WITNESS my hand and seal at Dickinson,
~'
A. Munroe Kelsay
Registered Professional
Land Surveyor 5580
Texas, this 2nd day of August, 2007.
OF
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JKC & ASSOCIATES
2820 FM 517 EAST, DlCK1NSON, TEXAS 77539 (281) 309-9100 (281) 309-9300 {FAX)
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