Ord. 1349 2008-04-14ORDINANCE NO. 1349
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
AND/OR PARKS 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 and/or parks
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 and/or parks 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 Harris 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 Harris 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. 1349
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 and/or parks 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 14th day of April,
A. D., 2008.
TOM REID
MAYOR
ATTEST:
^ ~~Q~,~~~-g%v
NG N R `_
TY S CRETARY ....,.
APPROVED AS TO FORM:
~a,---.-- ~~ C~
DARRIN M. COKER
CITY ATTORNEY
2
Exhibit "A"
Ordinance No. 1349
May 15, 2007
Job No. 1607-0604-201
DESCRIPTION OF
38.893 ACRES
Being 38.893 acres of land located in the W. W. Duprey & L. F. Roberts Survey, Abstract
1698, and the T.C.R.R. Co. Survey Section 4, Abstract 675, Harrls County, Texas, more
particularly being all of that certain called 39.003 acre tract conveyed to D'Vorah Hasheeve, et
al, by instrument of record in File No. R872025, Official Public Records, of Real Property, of
said Harris County (H.C.O.P.R.R.P.), said 38.893 acre tract being more particularly described
by metes and bounds as follows, ali bearings referenced to the Texas State Plane Coordinate
System, South Central Zone, NAD 83 {2001 adjustment};
BEGINNING at a 3/4-inch iron pipe found marking the northwest corner of said 39.003
acre tract, the northeast corner of that certain called 4.9553 acre tract conveyed to D'Vorah
Hasheeve, et al, by instrument of record in File No. 2437896, H.C.O.P.R.R.P., same being
southwest corner of that certain called 10 acre tract conveyed to Richard B. Mayor, et al, by
instrument of record in File No. P197254, H.C.O.P.R.R.P. and on the common survey line of
said W. W. Duprey & L. F. Roberts Survey and the James Hamilton Survey, Abstract 881;
Thence, with the north line of said 39.003 acre tract and with the said common survey
line, North 87° 30' 21" East, at 1319.46 feet pass a found 5/8-inch iron rod with cap
(unreadable) 0.90 feet left, and continuing with said north line and said common survey line at
2070.95 feet pass a found 1/2-inch iron rod and continuing with said north line and said
common survey line In all a total distance of 2213.50 feet to the east corner of said 39.003 acre
tract, same being on the centerline of Clear Creek and on the common county fine of said Harris
County and Brazoria County, from which a 1-inch iron pipe found on the westerly right-of-way
line of State Highway No. 288 bears North 87° 30' 21" East, 779.74 feet;
- Thence, with the easterly and southerly lines of said 39.003 acre tract, with said
common county line and with the centerline meanders of said Clear Creek, the following forty-
eight (48} courses:
1} South 45° 10' 37"West, 10.56 feet to a point for corner;
Page 1 of 5
1:1ProjdskllSURVE111fi07106011M&Blpearfand basin 38.893ac.doc
38.893 acres
2) South 56°29' 23" West, 44.71 feet to a point for corner;
3) South 55° 34' S4" West, 112.00 feet to a point for corner;
4) South 45° 05' 34"West, 27.25 feet to a point for corner;
5) South 36° 57' 48" West, 47.84 feet to a point far corner;
6) South 05° 18' 16"West, 45.49 feet to a point for corner;
7) South 05°20' 49" East, 29.15 feet to a point far corner;
8) South 01 °52' 41"East, 49.14 feet to a paint for corner;
9) South 27° 33' 24" West, 40.14 feet to a point for corner;
10) South 54° 33' 24" West, 54.84 feet to a point for corner;
11 } South 65 ° 02' 20" West, 90.12 feet to a point for corner;
12} South 47° 43' 02" West, 65.47 feet to a point for corner;
13) South 34° 49' 00"West, 64.63 feet to a point for corner;
14) South 39° 00' 45"West, 36.42 feet to a point for corner;
15) South 29° 10' 41"West, 63.14 feet to a point for corner;
16} South 27°53' 39" West, 66.13 feet to a point for corner;
17) South 38° 20' 07" West, 52.72 feet to a point for corner;
Page 2 of 5
fiProjdskllSURVEY11607106011M&Blpearland basin 38.893ac.doc
May 15, 2007
Job No. 1607-0604-201
38.893 acres
18) South 45° 16' 10" West, 42.39 feet to a point for corner;
19) South 41 ° 46' 16° West, 54.51 feet to a point for corner;
20) South 75° Oi' 28"West, 50.72 feet to a point for corner;
21) South 57° 41 ` 2i"West, 87.02 feet to a point for corner;
22) South 44° 21' 22" West, 69.86 feet to a paint for corner;
23) South 38° 35' 40" West, 108.25 feet to a point for corner;
24) South 33° 58' 53"West, 55.62 feet to a point for corner;
25) South 46 ° 55' 09" West, 61.97 feet to a point for corner;
26) South 41 ° 31' 17"West, 69.87 feet to a paint for corner;
27) South 32°54' 39" West, 102.65 feet to a point for corner;
28) South 16°28' 14"West, 50.64 feet to a point for corner;
29) South 73° 05' 36"West, 51.32 feet to a point for corner;
30) North 89 ° 09' 46"West, 19.23 feet to a point for corner;
31 } North 73 ° 02' 35" West, 57.30 feet to a point for corner;
32) South 79° 16' 00"West, 31.44 feet to a point for corner;
33) North 76° 35' 30"West, 110.35 feet to a point for corner;
Page 3 of 5
:1ProjdskllSURVEY116t17106011M&Blpearland basin 38.893ac.doc
May 15, 2007
Job No. 1607-0604-201
38.893 acres
34) North 63° 31' S3" West, 74.11 feet to a point for corner;
35) North 67° 53' 30" West, 30.33 feet to a point for corner;
36) North 32 ° 14' 32" West, 91.51 feet to a point for carnet;
37) North 52° 59' 01"West, 71.14 feet to a point for corner;
38) North 71 ° 54' 53" West, 56.36 feet #o a point far corner;
39) North 87°44' 34"West, 135.50 feet to a point for corner;
40) North 73° 34' 24"West, 22.19 feet to a point for corner;
41 } North 85 ° 10' 39" West, 21.00 feet to a point for corner;
42) North 76° 21' 06"West, 49.90 feet to a point for corner;
43) North 66° 13' 33"West, 85.81 feet to a point for corner;
44) North 64° 45' 39"West, 77.42 feet to a point for corner;
45) North 72° 17' 38"West, 92.07 feet to a point for corner;
46) North 78 ° 35' 44" West, 91.33 feet to a point for corner;
47) South 80 ° 41' 36"West, 66.82 feet to a point for corner;
May 15, 2007
Job No. 1607-0604-201
48) South 69° 00' 34" West, 14.75 feet to a point for corner, the southwest corner of
said 39.003 acre tract, same being the southeast corner of the aforementioned
4.9553 acre tract and on the common survey line of said W. W. Duprey & L. F.
Roberts Survey and the ~bediah Pitts Survey, Abstract 616;
Page 4 of 5
11ProjdskllSUAVEY1160T06011M&6lpearland basin 38.893ac.doc
38.893 acres
May 15, 2007
Job No. 1607-0604-201
Thence, leaving said county line and said centerline and with the common line of said
39.003 and 4.9553 acre tracts and with said common survey line, North 02° 29' 33" West, at
79.27 feet pass a found 1/2-inch iron rod and continuing with said common line and said
common survey line in all a total distance of 779.97 feet to the POINT OF BEGINNING and
containing 38.893 acres of land.
LJA Engineering & Surveying, Inc.
Page 5 of 5
1:1ProjdskllSURVEY1160T06011M&Blpearland basin 38,893ac.dac
Exhibit "B"
Ordinance No. 1349
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