Ord. 1346 2008-03-24ORDINANCE NO. 1346
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. 1346
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 24th day of March,
A. D. 2008.
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TOM REID
MAYOR
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
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Exhibit "A"
Ordinance No. 1346
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Exhibit "B"
Ordinance No. 1346
Aasociatea, inc.
0.31 ACRES
(Lot 48 -- Tract 23)
FIELD NOTES of a 0.31 acre tract of land out of the H.T.& B. Railroad Company Survey,
Abstract 549, Brazoria County, Texas; said 0.31 acre tract of land being out of Lot 48 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 0.31 acre tract of
land being out of a tract of.land conveyed to Vernon and Vivian Chudej as recorded in
Volume 1085, Page 1 S7 of the Deed Records of Brazoria County, Texas; said 0.31 acre
tract of land being more particularly described by metes and bounds as follows:
NOTE: AlI 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 48, 49, 58, and 59 of said Allison Richey
Gulf Coast Home Company Subdivision; said comer also being the Southeast corner of
said tract of land conveyed to Vernon and Vivian Chudej, the Northeast corner of a tract of
land conveyed to Houston Lighting and Power Co. as recorded in Volume 1144, Page 9 of
the Deed Records of Brazoria County, Texas, the Northwest comer of a tract of land
conveyed to Roberto and Diamantina Barron as recorded in Volume 1709, Page 508 of the
Deed Records of Brazoria County, Texas, and the Southwest corner of a tract of land
conveyed to Chris and Kimberly Perry as recorded in County Clerk's File No. 96-012437
of the Official Public Records of Brazoria County, Texas; said beginning point having
Texas State Plane Coordinate Values of Y = 13,754,594.57 and X = 3,139,742.96; from
this coz~aer a found sucker rod bears S 86°28'46" W, a distance 1.54 feet.
THENCE S $7°2I'25" W along the South line of this tract of land, the Soufih line of Lot
48, the North line of Lot 49, the South line of said tract of land conveyed to Vernon and
Vivian Chudej, and the North line of said tract of land conveyed to Houston Lighting and
Power Co., a distance of 55.00 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 247.50
feet to a set pin and cap stamped "JKC 5580" for the Northwest corner of this tract of land;
said corner also being on the North line of said tract of land conveyed to Vernon and
Vivian Chudej, and the South line of a tract of land conveyed to Lorena W.Bland as
recorded in County Clerk's File No. 2007012906 of the Official Public Records of
Brazoria County, Texas.
2820 FM 517 EAST, DICKINSON, TEXAS 77539 {281) 309-9100 (281) 309-9300 (FAX)
THENCE N 87°21'ZS" E along the North line of this tract of land, also being the North
line of said tract of land conveyed to Vernon and Vivian Chudej, and the South line of said
tract of land conveyed to Lorena W. Bland, a distance of 55.00 feet to the Northeast corner
of this tract of land; said comer being on the East line of said Lot 48, the West line of said
Lot S8, the Northeast corner of said tract of land conveyed to Vernon and Vivian Chudej,
the Southeast comer of said tract of land conveyed to~ Lorena W. Bland, and the Northwest
corner of said tract of land conveyed to Chris and Kimberly Perry, and the Southwest
corner of a tract of land conveyed to Raymond and Debra Abary as recorded in Volume
89737, Page 700 of the Deed Records of Brazoria County, Texas; from this corner a found
1 inch iron rod bears N 42°47' l7" W, a distance of 1.11 feet.
THENCE S 02°38'3S" E along the East Tine of this tract of land, the East line of Lot 48,
the West Iine of Lot S8, the East line of said tract of land conveyed to Vernon and Vivian
Chudej, and the West line of said tract of land conveyed to Chris and Kimberly Perry, a
distance of 247.50 feet to the PLACE OF BEGINNING; containing within said
boundaries a calculated area of 0.31 acres (13,612.33 sq. ft.) of land.
Surveyed: May 2006 -Tune 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 se at Dickinson Texas, this 2nd day of August, 2007.
,~~ °OF
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A. Munroe Kelsay A PA SRO °.••.°"'~-"N,
Registered Professional ° ~«°..... ~ i~,~LSA»
Land Surveyor SS80 -y~~~~ Q~~~Q
JKC & ASSOCIATES
2820 FAA 517 EAST; DICKINSON, TEXAS 77539 (281) 309-9100 (281) 309-9300 (FAX)