Ord. 1344 2008-03-10ORDINANCE NO. 1344
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. 1344
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.
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
2
EXHBIT "A"
Assoaia>res, Ina.
1.59 ACRES
(Lots 41 & 51-Tract 26)
FIELD NOTES of a 1.59 acre tract of land out of the H.T.& B. Railroad Company Survey,
Abstract 549, Brazoria County, Texas; said 1.59 acre tract of land being out of Lots 41 and
51 of the Allison Richey Gulf Coast Home Company Subdivision, Section 24 as recorded
in Volume 2, Page 89 of the map records of Brazoria County, Texas; said 1.59 acre tract of
Iand being out 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; said 1.59 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.
BEGINNING at the common corner of Lots 41, 42, 51, and 52 of said Allison Richey
Gulf Coast Home Company Subdivision; said corner also being on the South Line of said
tract of Iand conveyed to Nguyet Thi Doan, Binh Duc Mai, Joseph Hunganh Hoang, and
Lien Thuy Dinh, the Northeast corner of said tract of land conveyed to Douglas & Deanna
Jeske as recorded in Volume 90758, Page 606 of the Deed Records of Brazoria County,
Texas, and the Northwest corner of a tract of Iand conveyed to Charles & Peggy Vegil as
recorded in County Clerk's File No. 2004046804 of the Official Public Records of
Brazoria County, Texas; said beginning point having Texas State Plane Coordinate Values
of Y = 13,758,055.44 and X = 3,139,583.19.
THENCE S 87° 21'25" W along the South line of this tract of land, the South Line of Lot
41, the North line of Lot 42, the South line of said tract of land conveyed to Nguyet Thi
Doan, Binh Duc Mai, Joseph Hunganh Hoang, and Lien Thuy Dinh, and the North line of
said tract of land conveyed to Douglas & Deanna Jeske, a distance of 32.35 feet to the
Southwest corner of this tract of land; said corner also being the Southwest corner of said
tract of land conveyed to Nguyet Thi Doan, Binh Duc Mai, Joseph Hunganh Hoang, and
Lien Thuy Dinh, and the Southeast corner of a tract of land conveyed to Phuc Van Mai &
Nguyet T. Doan as recorded in County Clerk's File No. 96-005841 of the Official Public
Records of Brazoria County, Texas.
THENCE N 02°38'35" W along the West line of this tract of land, the West line of said
tract of land conveyed to Nguyet Thi Doan, Binh Duc Mai, Joseph Hunganh Hoang, and
Lien Thuy Dinh, the East line of said tract of land conveyed to Phuc Van Mai & Nguyet T.
2820 FM 517 EAST, DICKINSON, TEXAS 77539 (281) 309-9104 (281) 309-9300 {FAX}
Daan, and the East line of a tract of land conveyed to Thang D. Mai & Lien T. Dinh as
recorded in County Clerk's File No. 96-005841 of the official Public Records of Brazoria
County, Texas, a distance of 794.64 feet to the Northwest corner of this tract of land; said
corner 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, the Northeast corner of said
tract of land conveyed to Thang D. Mai & Lien T. Dinh, and the South right of way line of
Bailey Road {a.k.a: County Road 101) 70 foot Right of Way Per County Clerk's File No.
95-038285 of the Official Public Records ~of Brazoria County, Texas.
THENCE N 87°20'02" E along the North line of this tract of land, and the South right of
way line of Bailey Road, at 32.35 feet the intersection of the common lot line of Lots 41
and 51 and the South right of way Line of Bailey Road, from this corner a found 1 inch iron
pipe bears N 75°11'43" W, a distance of 3.11 feet, and continuing a total distance of 87.35
feet to a set pin and cap stamped "JKC 5580" for the Northeast Garner of this tract of land.
THENCE S 02°38'35" E along the East line of this tract of land, a distance of 794.67 feet
to a set pin and cap stamped "JKC 5580" for the Southeast corner of this tract of land; said
corner being on the South line of Lot 51, the North Line of Lot 52, the South line of said
tract of land conveyed to Nguyet Thi Doan, Binh Duc Mai, Joseph Hunganh Hoang, and
Lien Thuy Dinh, and the North line of said tract of land conveyed to Charles & Peggy
Vegil.
THENCE S 87°21'25" W along the South line of this tract of land, the South line of Lot
51, the North line of Lot 52, the South line of said tract of land conveyed to Nguyet Thi
Doan, Binh Duc Mai, Joseph Hunganh Hoang, and Lien Thuy Dinh, and the North Iine of
said tract of land conveyed to Charles & Peggy Vegil, a distance of 55.00 feet to the
PLACE OF BEGINNING; containing within said boundaries a calculated area of 1.59
acres (69,412.95 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.
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