Ord. 1116 06-09-03ORDINANCE NO. 1116
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. 1116
acquire the properties, 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 9th day of
June , A. D., 2003.
ATTEST:
R , T
Y S'' RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
0-).3 (-12-12
TOM REID
MAYOR
JUN. 3, 2003 10:46AM BRACEYELi & PATTERSON NO. 9851 P. 3
Exhibit "A"
Ordinance No. 1116
DESCRIPTION OF
0.145 ACRE (6,315 S.F.)
CORRIGAN PARCEL 10
Revised: January 22, 2003
August 28, 2002
Job No. 1610-0202-005
Being 0.145 acre (6,315 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 Lot 29 of the Figland Orchard Subdivision No. 1, a
subdivision of record in Volume 3, Page 77, Plat Records, Brazoria County, Texas and part of that certain tract conveyed to
Cash Whittenburg by instrument of record in Volume 1408, Page 816, Dead Records, Brazode County, Texas (B.C,D,R,),
said 0.145 acre (6,315 S.F.) being more particularly descried by metes and bounds as follows (all bearings referenced to
the Texas State Plane Coordinate System, South Central Zone);
BEGINNING at a 1/2-inch iron rod found marking the common north comer of Lots 28 and 29 of said
subdivision, same being the northeast corner of said tract of land described in Volume 1408, Page 816 'arid being on the
south right-of-way line of Fite Road;
Thence, with the common line of Lots 28 and 29 of said subdivision, South 02' 59' 53" East, 182.56 feet to a 5/5-
inch iron rod with plastic cap marked "LTA ENG," set for comer, same being the common south comer of Lots 28 and 29
of said subdivision, and being on the north line of Lot 36 of said subdivision;
Thence, with the common line of Lots 29 and 36 of said subdivision, South 87° 17' 27" West, 26.25 feet to a 5/8-
inch iron rid with plastic cap marked "LTA ENG." set for comer,
Thence, leaving said common line, North 02° 26' 54" West, 172.85 feet to a 5/8-inch iron rod with plastic cap
marked "LTA ENG," set for corner,
Thence, South 87° 21' 50" West, 178.75 feet to a 5/8-inch iron rod with plastic cap marked "IJA ENG." set for
corner on the west line of Lot 29 of aforementioned subdivision;
Thence, with the west line of lot 29 of said subdivision. North 02° 59' 53" West, 9.15 feet to a 1/2-inch iron rod
found for corner marking the northwest corner of Lot 29 of,said subdivision same being on the aforementioned south line of
Fite Road;
Thence, with the common line of lot 29 of said subdivision and Fite Road, North 87° 11' 40" East, 203.34 feet to
the POINT' OF BEGINNING and containing 0,145 acre (6,315 S.F.) of lead.
The above description prepared from a survey, prepared by the undersigned, dated August 28, 2002.
Jerry A. Davis
Registered Professional Land Surveyor
Texas Registration No.1891
Page 1of1
LTA Engineering & Surveying, Inc.
JUN, 3, 2003 i0:45AM
BRACEWELL & PATTERSON
NO. 9851
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