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Ord. 1000 2001-01-08ORDINANCE NO. 1000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE PROPERTY FOR THE EXTENSION OF PEARLAND PARKWAY 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 EXTENSION OF PEARLAND PARKWAY BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council recognizes that public convenience and necessity exists for the location, construction, operation, and maintenance of an extension of Pearland Parkway; and WHEREAS, accordingly, the City Council hereby acknowledges that it is in the public's best interest to acquire property located in the City to extend Pearland Parkway 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 accomplishment of the public project extending Pearland Parkway on certain real property located in Brazoria County, Texas. Section 2. The public convenience and necessity requires the acquisition, 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 1 ORDINANCE NO. 1000 necessary to acquire fee simple title to the properties, 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 requiring the acquisition of said property as the extension of Pearland Parkway 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 8 day of January , A. D., 2001. ATTEST: / /.UNGIS&H ITY •dCRETAR APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 TOM REID MAYOR EXHIBIT ORD No, leoo TRACT 1 JOHN ALEXANDER STATE OF TEXAS § COUNTY OF BRAZORIA § METES AND BOUNDS DESCRIPTION of a 2.479 acre tract in the D.H.M. Hunter Survey, Abstract No. 76, Brazoria County, Texas. Said 2.479 acre tract is a part of a 155.4029 acre tract described in a deed to John Alexander as recorded in Volume (91)880, Page 476 of the Brazoria County Deed Records and is more particularly described by metes and bounds as follows: COMMENCING at a 1/2-inch iron rod found at the northwest comer of said 155.4029 acre tract, said point bears North 02°18'39" West, 71.49 feet from a 1/2-inch iron rod found in at the intersection of the west line of said 155.4029 with the north right-of-way line of Orange Street (based on a width of 50-feet); THENCE, North 87°35'41" East, along the north line of said 155.4029 acre tract, same being the south line of a 181.6209 acre tract described in a deed to Sue Alexander Morrison as -recorded in Volume 1596, Page 93 of the Brazoria County Deed Records, for a distance of 1,138.37 feet to'/ -inch iron rod found for an angle point; THENCE, North 41°40'03" East, continuing along the north line of said 155.4029 acre tract for a distance of 1,878.72 feet to a 5/8-inch iron rod set for the POINT OF BEGINNING for the herein described 2.479 acre tract THENCE, North 41°40'03" East, continuing along the north line of said 155.4029 acre tract for a distance of 134.99 feet to.a.5/84nch iron rod.set for.#he northeast comer of the herein described tract THENCE, South 32°42'45" East, for a distance of 62.92 feet to a 5/8-inch iron rod set for the point of curvature of a curve to the left; THENCE, along said curve to the left having a radius of 1,804.98 feet, a central angle of 15°41' 10", (chord bears South 40°33'20" East, 492.62 feet) for an arc distance of 494.16 feet to a 5/8-inch iron rod set for the point of tangency of said curve; THENCE, South 48°23'55" East, for a distance of 273.97 feet to 5/8-inch iron rod set in the north right-of-way line of Barry Rose Road (based on a width of 40-feet), said point also being the southeast comer of the herein described 2.479 acre tract; THENCE, South 41°41'56" West, along said north line of Barry Rose Road for a distance of 130.00 feet to a 5/8-inch iron rod set for the southwest comer of the herein described tract; THENCE, North 48°23'55° West, for a distance of 273.75 feet to a 5/8-inch iron road set for the point of curvature of a curve to the right; THENCE, along said curve to the right having a radius of 1,934.98 feet, a central angle of 15°41'10", (chord bears North 40°33'20" West, 528.10 feet) for an arc distance of 529.75 feet to a 5/8-inch iron rod set for the point of tangency of said curve; THENCE, North 32°42'45" West, for a distance of 26.58 feet to the POINT OF BEGINNING, containing a computed area of 2.479 acres (107,973 square feet). NOTE: 1. The bearings shown hereon are based on City of Pearland Monumentation using NAD 1983 horizontal control. 2. All rods set for the subject property were set with a cap stamped Walsh Surveying. 3. A separate survey plat has been prepared in connection with this survey. Walsh Surveying, Inc. 2006 East Broadway, Suite 105 Pearland, Texas 77581 (281) 485-3991 Job No. 00-168 0 tX)J5 4Micha 1 D. Wilson, R.P.L.S. Registration No. 4821 9 Z i-oO • • 1 i TRACT 2 SUE ALEXANDER MORRISON STATE OF TEXAS § COUNTY OF BRAZORIA § METES AND BOUNDS DESCRIPTION of a 2.720 acre tract in the D.H.M. Hunter Survey, Abstract No. 76, Brazoria County, Texas. Said 2.720 acre tract is a part of a 181.6209 acre tract described in a deed to Sue Alexander Morrison as recorded in Volume 1596, Page 93 of the Brazoria County Deed Records and is more particularly described by metes and bounds as follows: COMMENCING at a 1/2-inch iron rod found at the northwest comer of a,155.4029 acre tract described in a deed to John Alexander as recorded in Volume (91)880, Page 476 of the Brazoria County -Deed Records, same point being an angle point in the south line of said 181.6209 acre tract, said point bears North 02°18'39" West, 71.49 feet from a %-inch iron rod found in at the intersection of the west line of said 155.4029 with the north right-of-way line of Orange Street (based on a width of 50-feet); THENCE, North 87°35'41" East, along the south line of said 181.6209 acre tract for a distance of 1,138.37 feet to 4-inch iron rod found for an angle point; THENCE, North 41 °40'03" East, continuing along the south line of said 181.6209 acre tract for a distance of 1,878.72 feet to a 5/8-inch iron rod set for the POINT OF BEGINNING for the herein described 2.720 acre tract; THENCE, North 32°42'45" West, for a distance of 911.47 feet to a 5/8-inch iron rod set in the north line of said 181.6209 tract, same being the south line of a 170.4912 acre tract described in a deed to Patricia Alexander Wood as recorded in Volume 1596, Page 110 of the Brazoria County Deed Records, said point being the northwest comer of the herein described tract; THENCE, North 41°40'03" East, along the north line of said 181.6209 acre tract for a distance of 134.99 feet to r5/8-inch iron rod set for the northeast comer of the herein described tract; THENCE, South 32°42'45" East, for a distance of 911.47 feet to 5/8-inch iron rod set in the south line of said 181.6209 acre tract, said point being the southeast comer of the herein described 2.720 acre tract; THENCE, South 41°40'03" West, along the south line of said 181.6209 acre tract for a distance of 134.99 feet to the POINT OF BEGINNING, containing a computed area of 2.479 acres (107,973 square feet). NOTE: 1. The bearings shown hereon are based on City of Pearland Monumentation using NAD 1983 horizontal control. 2. All rods set for the subject property were set with a cap stamped Walsh Surveying. 3. A separate survey plat has been prepared in connection with this survey. Walsh Surveying, Inc. 2008 East Broadway, Suite 105 Pearland, Texas 77581 (281) 485-3991 Job No. 00-168 Michael D. Wilson, R.P.L.S. Registration No. 4821 q•21-00 '• P fr P.O.C. (TRACT 1 AND 2) PNo PAO 1/r i.A aw 1/r L Nn 1/r Lit SUINET UNE N 41'40'03' E 1676.7Y 170.4912 ACRES PATRICIA ALEXANDER WOOD VOLUME 1596, PACE 110 B.C.O.R. 181.6209 ACRES SUE ALEXANDER MORRISON VOLUME 1596, PAGE 93 B.C.D.R. in sir u TRACT 2 2.720 ACRES 114491 SOFT. P.0.5. (TRACT 1 AND SET s/r t>t. N 3242'4d' TRACT �VCLL 2.479 ACRES 107.973 SOFT. 0.134l o- R" 1034.95 t+,529.73. 11 155.4029 ACRES JOHN ALEXANDER VOLUME (91)880 476 B.C.0.R. stT 3/11' Ut // 1/ II II II N N 41'40'03. E 1 99' sly LS. // \/` itarmwer EASEMENt SEND! / Of PE arc WA SU VOLUME 1 GE 113 /.' NASA N 41'40'03. E 134.99' Ev e/r UL S 32'4245 E 62.22' SET sir w Nt UNITARY MEN EAMON dtT a KAP v6WA UE 00323. Mti 240 114031. &.494.te 1117.443282' o' 43320 E W BARRY ROSE ROAD CO"R.O.W.) S 1'4156 W Subject Property 130.00' SET s/r tw IET s/r u< 1.00 ACRE CITY OF PEARLAND CLERK'S F1LEy 93-0214. B.C.D.R.