Ord. 1106 04-28-03ORDINANCE NO. 1106
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE RIGHT-OF-WAY 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 right-of-way 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 Exhibit "A",
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. 1106
acquire the property, described in Exhibit "A" 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 right-of-way 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 28th day of
April , A. D., 2003.
ATTEST:
APPROVED AS TO FORM:
tt 6-14,
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
EXHIBIT
Revised: January 22, 2003
August 28, 2002
Job No. 1610-0202-005
DESCRIPTION OF
1.660 ACRES (72,297 S.F.)
CORRIGAN PARCEL 7
Being 1.660 acres (72,297 S.F.) of land located in the H.T.&B.R.R. Co. Survey, Section 13, Abstract No. 240,
Brazoria County, Texas, more particularly being a portion of Lots 36 and 37 of the Figland Orchard Subdivision No. 1, a
subdivision of record in Volume 3, Page 77, Plat Records, Brazoria County, Texas and a portion of that certain called 6.925
acre tract conveyed to Ira W. Hubbard by instrument of record in File No. 99-045755, Official Records, Brazoria County,
Texas (B.C.O.R.), said 1.660 acres (72,297 S.F.) being more particularly described by metes and bounds as follows (all
bearings referenced to the Texas State Plane Coordinate System, South Central Zone);
BEGINNING at a 3/4-inch iron pipe found marking the southwest corner of aforementioned 6.925 acre tract, same
being the northwest comer of that certain called 5 acre tract conveyed to Edgar Machinery Corporation by instrument of
record in File No. 93-046926, of said B.C.O.R. and being on the common line of Lots 37 and 38 of said subdivision;
Thence, with the west line of said 6.925 acre tract and with the common line of Lots 37 and 38 of said subdivision,
North 02° 47' 47" West, 345.55 feet to a 1/2-inch iron pipe found for corner, same being the common west corner of Lots
36 and 37 of said subdivision;
Thence, continuing with said west line and the common line of Lots 35 and 36 of said subdivision, North 02° 26'
54" West, 136.42 feet to a 5/8-inch iron rod with plastic cap marked "LJA ENG." set for corner on the common line of said
6.925 acre tract and that certain called 3 acre tract conveyed to Marry Ann Trigg by instrument of record in Volume
(91)947, Page 936, Deed Records, Brazoria County, Texas,;
Thence, with the common line of said 6.925 acre and 3 acre tracts, North 87° 17' 56" East, 150.00 feet to a 5/8-
inch iron rod with plastic cap marked "LJA ENG." set for corner and from which a 1/2-inch iron pipe bears North 87° 17'
56" East, 475.04 feet found marking the common east corner of said 6.925 acre and 3 acre tracts;
Thence, leaving said common line, South 02° 26' 54" East, 136.63 feet to a 5/8-inch iron rod with plastic cap
marked "LJA ENG." set for corner on the common line of aforementioned Lots 36 and 37 of said subdivision;
Thence, South 02° 47' 47" East, 345.36 feet to a 5/8-inch iron rod with plastic cap marked "LJA ENG." set for
corner on the common line of said 6.925 acre tract and aforementioned 5 acre tract and being on the common line of said
Lots 37 and 40 of aforementioned subdivision and from which a 1/2-inch iron rod found marking the common east corner
of said 6.925 acre and 5 acre tracts bears North 87° 18' 25" East, 474.21 feet;
Thence, with the common line of said 6.925 acre and 5 acre tracts and the common line of said Lots 37 and 40 of
said subdivision, South 87° 18' 25" West, 150.00 feet to the POINT OF BEGINNING and containing 1.660 acres (72,297
S.F.) of land.
The above description prepared from a survey prepared by the undersigned, dated August 28, 2002.
LTA Engineering & Surveying, Inc.
Jerry A. Davis
Registered Professional Land Surveyor
Texas Registration No. 1891
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