Ord. 1345 2008-03-24ORDINANCE NO. 1345
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 forthe 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. 1345
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.
TOM REID
MAYOR
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
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Exhibit "A"
Ordinance No.1345
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Exhibit "B"
Ordinance No.1345
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.0.63 ACRES
(Lot 56 -Tract 34)
FIELD NOTES of a 0.63 acre tract of land out of the H.T.& B. Railroad Company Survey,
Abstract 549, Brazoria County, Texas; said 0.63 acre tract of land being out of Lot 56 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 0.63 acre tract of
land being out of a tract of land conveyed to Thi D. Nguyen and Thu Trang Dao as
recorded in County Clerk's File No. 2006012714 of the Official Public Records of
Brazoria County, Texas; said 0.63 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 comer of Lots 45, 46, 55, and S6 of said Allison Richey
Gulf Coast Hoxne Company Subdivision; said corner also being the Northwest corner of
said tract of land conveyed to Thi D. Nguyen and Thu Trang Dao, the Southwest corner of
a tract of land conveyed to Aaron and Charlie Palmer as recorded in Volume 675, Page
522 of the Deed Records of Brazoria County, Texas, and being a point on the East line of a
tract of land conveyed to Kristina M. Sonderegger as recorded in County Clerk's File No.
2006070487 of the Official Public Records of Brazoria County, Texas; said beginning
point having Texas State Plane Coordinate Values of Y =13,756,077.80 and X =
3,139,674.49; from this comer a found 1 inch iron pipe bears S IS°12'32" W, a distance of
0.84 feet.
THENCE N 87° 21'25" E along the North line of this tract of land, the South line of Lot
55, the North line of Lot 56, the North line of said tract of land conveyed to Thi D. Nguyen
and Thu Trang Dao, and the South line of said tract of land conveyed to Aaron and Charlie
Palmer, a distance of 55.00 feet to a set pin and cap stamped "JKC 55$0" for the Northeast
corner of this tract of land.
THENCE S 02°38'35" E along the East line of this tract of land, a distance of 495.00 feet
to a set pin and cap stamped "JKC 5580" for the Southeast corner of this tract of land; said
corner also being on the South line of Lot 56, the North line of Lot 57, the South line of
said tract of land conveyed to Thi D. Nguyen and Thu Trang Dao, and the North line of a
tract of land conveyed to Ira and Audrey Beard as recorded in Volume 1225, Page 578 of
the Deed Records of Brazoria County, Texas.
2820 FM 517 EAST, DICKINSON, TEXAS 77539 (281) 309-5100 (281) 309-9300 (FAX)
THENCE S 87°21'25" W along the South line of this tract of land, the South line of Lot
56, the North line of Lot 57, the South line of said tract of land conveyed to Thi D. Nguyen
and Thu Trang Dao, the North line of said tract of land conveyed to Ira and Audrey Beard,
a distance of 55.00 feet to the Southwest comer of this tract of land; said comer also being
the common comer of Lots 46, 47, 56, and 57, the Southwest corner of said tract of land
conveyed to Thi D. Nguyen and Thu Trang Dao, the Northwest comer of said tract of land
conveyed to Ira and Audrey Beard, and being a point on the East line of a tract of land
conveyed to Ronald and Frances Callahan as recorded in County Clerk's File No. 94-
017806 of the Official Public Records of Brazoria County, Texas.
THENCE N 02°38'3S" W along the West line of this tract of land, the West line ofl,ot 56,
the East line of Lot 46, the West line of said tract of land conveyed to Thi D. Nguyen and
Thu Trang Dao, and the East line of said tract of land conveyed to Ronald and Frances
Callahan, the East line of a tract of land conveyed to Pete and Frances Navarro as recorded
in County Clerk's File No. 94-030791 of the Official Public Records of Br-azoria County,
Texas, and the East line of said tract of land conveyed to Kristina M. Sonderegger, a
distance of 495.00 feet to the PLACE OF BEGINNING; containing within said
boundaries a calculated area of 0.63 acres (27,225.01 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, Texas, this 2nd day of August, 2007.
~'
A. Munroe Kelsay
Registered Professional
Land Surveyor 5580
JKC & ASSOCIATES
2820 FM 517 EAST, DICKINSON, TEXAS 77539 (281 } 309-9'{00 (281) 309-9300 (FAX)