Ord. 1349A 2008-04-28ORDINANCE NO. 1349-A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE FEE SIMPLE TITLE AND A WATER AND SEWER EASEMENT
FOR THE CONSTRUCTION OF ROAD, UTILITY AND 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 road, utility and
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
utility 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 road, utility and 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. 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 28th day of April,
A. D., 2008.
(/YN~
TOM REID
MAYOR
ATTEST:
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Y S RETA Y
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
2
Exhibit "A"
Ordinance No.1349-A
~+ It~l9
Metes and Bounds Description
Tract 4
Description of a 0.0086 acres (374 sq. ft.) tract of (and being out of Lot twenty five
(25}, Block twenty eight (28} of Pearland Townsite Subdivision recorded in volume
29, pages 41 and 42 of the Deed Records of Brazoria County, Texas and being part
of the lands described in Deed to BUC-EE's, INC. as recorded under County Clerks
File No. 01000560 ail bearings are based on Texas State Plane Coordinate System
South Central Zone (NAD 83) Datum.
BEGINNING at a '/z-inch iron rod found at the intersection of the North right-af-way
line of Walnut Street (60' wide) and the East right-ofi way line of State Highway 35
(100 feet wide) and being a curve to the right having a radius of 1382.40 feet, also
being the Southwest corner of said Lot 25, Block 28, and of the herein described
tract of land;
THENCE in a Northerly direction with the said East right-of--way lfie of State
Highway 35 being the said curve to the right having a radius of 1382.40 feet, an arc
length of 5.17 feet, with a chord bearing of North 17° 29' 10" West, 5.17 feet to a 5/8-
inch iron rod with Amani Cap set in the West line of said Lot 25 for the Northwest
corner of the herein described tract of land;
THENCE North 87° 19' 02" East, over and across said lot 25 a distance of 75.51
feet, to a 5/8-inch iron rod with Amani Cap set in the East line of, said Lot 25 and
being in the West line of a 20 foot dedicated ally by said Pearland Townsite Plat for
the Northeast corner of the herein described tract of land;
THENCE South 02° 40' S8" East, a distance of 5.00 feet with the West line of said
20 foot dedicated ally, to a point in the North right-of-way line of said Walnut Street
and for the Southeast corner of said Lot 25 and of the herein described tract of land;
THENCE South 87° 19' 02" West, with the North line of said Walnut Street and the
South line Lot 25 a distance of 74.19 feet, to the POINT OF BEGINNING containing
0.0086-acres (374 sq. ft.) of land.
Robert J. Armitage
Registered Professional Land Surveyor No.5685
AMANI ENGINEERING
LOT 32
l0T 31
LOT 30
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LOT 29
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LOT 17
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LOT i 9
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LOT 21
L07 22
lOT 23
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LoT 24
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WALNUT STRIEET (f~tJ' WIDE}
SURVEYOR'S CERTIFICATION
PROPERTY SUBJECT TO 5UBD1V1510N COYBNANTS, CONDITIONS AND RESTRICTIONS.
htrehv ctrlifT Owt ltns sung was mile on the Iptund ad IMt this plal carrtttl~ rtprtsenLt
1`k I s found eI the 6me of swrey showing ony unprmenlents, Gam kgld dtscriptatls suppled
~~c6rnld~tfa tho n orr adhal ~~,~ p~~, t on the gramd. exccpl as shown. tha swvty is
,~~,OF. T~
~,~.~ols rF9 .;~
Ro ert J. Armitage y; 0 ~ ~~~9tJ1'
Registered Professional d rveyar R4HERTJ.ARMFTAGE
No. 5685 .. ..
::o ~5685~~P~:~,I
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NOTES:
i. ALL COORDINATES ANp BEARINGS ARE HA5£D ON ON TEXAS STATE PLANE
COORDINATE S'rSTEM SOUTH CENTRAL ZONE (NAO 83. SF..0.994886244j.
2. ABSTRACTING PERFORUEO BY NDTHINO FURTHER CERTIflCATE WITH GF N0.
5000XXX%7f HY TEXAS AMERICAN TITLE COMPANY.
3. THE WORD CERTIFY IS UNDERSTOOD TO HE AN EXPRESSION OF PROFESSIONAL
JUDGMENT HY THE SttRVEYOR, WHICH 15 BASED ON Ht5 8E57 KNOWLEDGE,
INFORMATION AND H£UEF.
4. SURVEY IS C£RTifl£0 FOR THIS TRANSACTION ONLY.
5. THIS SURVEY IS BEING PROVIO£0 SOLELY FOR THE USE OF THE CURRENT
PARTIES AND THAT NO LICENSE HAS BEEN CAEAT£D. EXPRESS OR IMPLIED,
TO COPY THE SURVEY EXCEPT AS IS NECESSARY IN CONJUNCTION WITH THE
ORIGINAL TRANSACTION.
BOUNDARY SURVEY (TRACT 4)
374 S0. FT. TRACT OF LAND OUT OF LOT 25, BLOCK 28
PEARLANO TOWNSiTE (VOL. 29, PG. 4i & 42 D.R.B.C.}
BRAZORIA COUNTY, TEXAS.
4 ~~ f5SUE0 T0: JOB NO.: SCL-44 SCALE: t "=3D~
CITY Of PEARIAND DATE: 7-20-06 KEY MAP# 615N
:?ROPERTY !S NDT iN THE 100 YEAR FLQOD ZONE, IN ZONE X, 3
;ACCORDING TO F.1.R.M. MAP N0. 483900045 J, DATE SEP'C. 22, 1999. AMAN1 ENGINEERING, (NC.
'. i9r CRMwNC PLOTTWG ONLY, wE 00 NOT ASSUUE RESPONSi81UtY FOR EXACT OETER1aNAA0N. 8313 SOUTHWEST FREEWAY SUITE 100 HOUSTON, TX. 77074
Td (A3j 270-5700 FOa (713} 271-387
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F .
Exhibit "B"
Ordinance No. 1349-A
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~~
Metes and Bounds Description
Tract 5
Description of a 0.0143 acres {625 sq, ft.) tract of land being out of Lot twenty four
(24), block twenty eight (28) of Pearland Townsite Subdivision as recorded in
vo{urne 29, page 41 and 42 of the Deed Records of Brazoria County, Texas and
being part of the lands described in Deed to BUC-EE's, INC. as recorded under
County Clerks File No. 01000560 all bearings are based on Texas State Plane
Coordinate System South Central Zone (NAD 83) Datum.
BEGINNING at the intersection of the North right-of--way line of Walnut Street (80'
wide) and the East line of 20 foot wide dedicated ally by said Pearland Townsite Plat
at the Southwest comer of said Lot 24, Block 27, and the Southwest corner of the
herein described tract of land;
THENCE North 02° 40' S8" West, along the East line of said 20 foot Ally and being
the West line of said Lot 24 a distance of 5.00 feet to a 5/8-inch iron rod with Amani
Cap set for the Northwest comer of the herein described tract of land;
THENCE Norkh 87° 19' 02" East, over and across said lot 24 a distance of 125.00
feet, to a 5I8-inch iron rod with Amani Cap set in the East line of, said Lot 24 also
being in the West right-of-way line of Houston Road {60 feet wide} for the Northeast
corner of the herein described tract of land;
THENCE South 02° 40' S8" East, a distance of 5.00 feet along the East line of said
Lot 24, also being the West line of the said Houston Road, to a point in the North
right-of--way line of said Walnut Street for the Southeast corner of said Lo# 24 and of
the herein described tract of land;
THENCE South 87° 19' 02" West, with the North line of said Wainut Street and the
South tine of said Lot 24, a distance of 125.00 feet, to the POINT OF BEGINNING
containing 0.0143-acres (625 sq. ft.} of land.
Robert J. Armitage
Registered Professional Land Surveyor No.5685
AMANI ENGINEERING
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LOT 32
28
LOT 30
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LOT 29 ry. ~S
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Lor 27 ( ~
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LOT 26 O
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LOT 25 ~
LOT 17
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LoT 20 p~
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LOT 22
(_OT 23
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LOT 24 ~-
m3 N S7°19'D2" E 125.UQ'
La r 32
27
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(~ LOT 29
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LUT 28
Lor 27
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LOT 2s
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LOT 25
S $! °14''02' W 126.{}l7' fND.I/2"IR ~ N 3°o9oT•E. 1.32
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WALNUT STREET (~~' W1DE~
SURVEYOR'S CERTIFICATION NO1E5:
P89PSR'lY SfIBIIxT t9 StIB9fVitIICN CBIiffifdtft5, C8NDT118N5 dN8 j369iBIL'TI9N9. 1. ALL COORDINATES AND BEARarCS ARE tTASt;D OH DN TFicAS STATE PlatrE
I herehr cetGy lhut this SUVN ws rtala ca tlx gtamd dnd that LRis pkl cartedly rr~rrsmts o00PDtvATE SYSTEM SOUtH eENiRAL TONE {NAD 83, SF.-0.9+~9e862~4j.
hw ( land al Wa Lire a stnsr taM artympt aramani~R Tram U dTeeriphmN fo1 2 A9SiRACTiNC PtRFORRE2I 8Y NOTHING FURTHER CERRFiCAtE YAM Cf NO.
hY d'enG ihFte ae a0 tllttadChtatllfS, d,~C4 m tik gaud, aupt o3 dram. Th's sul~y 6 70a030000C 8Y TE%AS NAERICJ,H 1Rt£ CpAPANY.
air urMd far lardy aTd sit ImaatOoa a(r. 3. THE WDfm CERTIFY S UNDE1iST00O TO 8E AN IXiT€SSIIIN of PflOfESSONA4
JUDChE2QT 8V iNE STIRVEYaR riHICH IS BASED ON NIS B"eST NNOWLIDC
Rabert J. Armitage
Raginterad Profemianal Iaud Sunayor
No. 5885
f~~; ~~'"cTa„ ~ t~G'Y~l
RGE!![T.l:MifTAOC
1 ~ :9:,' 5685 .s`C•o-t
E
aFDRt3hTOH ANO BHJEF.
a. SURVEY IS CERTiFlED FOR THIS iRN1SACT10N ON_Y.
5. T1ii5 SUflYEY IS BEING PROVIDED SDIFLY FOR THE USE OF iE~ CURRENT
PAATRES AND R1Af MO IJCENSE Fi11S BEEN CREATED, EXPRESS CR IWPLIED.
i0 COPY THE SURVEY IXCEPT AS !5 NECE55ANY IN CONJUNCTION 1A4tFi THE
ORIGNAL iRATVSAGiTON.
9{}UNDARY SURVj:Y (TF2AGT 5j
374 5R. FT. TRACT OF' t.ANO OUT OF l.Ot 24, BLOCK 28
PEARI.ANO tOWNSITE (VOL. 29, PG. 4j dt 42 C.R.B.G.}
aRazosw cau+vTY, rs;xAS.
jSStJ~O T0: JOB NO.: SCL-d5 5CAlE_ t "=3O'
CITY OF PEARLAND GATE: T-2f)_{16 KEY MAP~F XxXX
PROPERTY is NOT IN TIfE 100 YEAR FtaoD ZONE, IN ZQr1a x, ~ AMANI ENGINEEF~INC, INS.
ACCORDING TQ F.I.RId. NAP N0. 4839C9046 1, t}ATB SEPT. 22, 1999.
er CRWiNC PLOTTING ONLT, wt OO N7T ASSURE flESPONSIOIITiY FIYi EvL'T DCIfT3TINAliD4. = ~~~2,ays.Jnn c~~. (7f7)S27iE,i 80'HOUSTON, TX. 77074