Ord. 0965 04-24-00ORDINANCE NO. 965
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE PROPERTY FOR THE CONSTRUCTION OF A FIRE AND/OR
POLICE STATION 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 FIRE AND/OR POLICE FACILITIES BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council recognizes that public convenience and necessity
exists for the location, construction, operation, and maintenance of additional City fire
and/or police facilities; and
WHEREAS, accordingly, the City Council hereby acknowledges that it is in the
public's best interest to acquire property located in the City to construct fire and/or
police facilities on certain real property described herein; 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 accomplishment of the public project to
construct fire and/or police facilities on certain real property located in Brazoria
County, Texas.
Section 2. The public convenience and necessity requires the acquisition, 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
1
ORDINANCE NO. 965
necessary to acquire fee simple title to 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
requiring the acquisition of said property as the construction of fire and/or police
facilities 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
Arpil , A. D., 2000.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
DESCRIPTION OF
5.549 ACRES
SHADOW CREEK RANCH
BALL TRACT
EXHIBIT
Being 5.549 acres of land located in the T.C. R.R. Co. Survey, Section 3, Abstract 678, Brazoria County,
Texas, being a portion of Lot 2, Block 8 and Lot 2, Block 7 of the Allison -Richey Gulf Coast Home Co's. Part of
Suburban Gardens, a subdivision of record in Volume 2, Page 99, Plat Records, Brazoria County, Texas (B.C.P.R.),
more particularly being all that certain called 4.00 acre tract convey to Sheila J. Ball and Larry J. Ball and all of that
certain called 1.5720 acre tract conveyed to Larry Ball and Sheila J. Ball by instrument of record under File No's 96-
040654 and 97-008817, respectively, Official Records, Brazoria County, Texas (B.C.O.R.), said 5.549 acres 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 1-inch iron pipe found marking the northwest comer of aforementioned 4.00 acres, same
being re-entrant comer on the southerly line of that certain 21.3288 acre tract, described as "Tract One", conveyed to
Pearland Investments Limited Partnership by instrument of record under File No's 98-040711 and 98-040712,
B.C.O.R.;
Thence, with the north line of said 4.00 acres and a southerly line of said 21.3288 acres, North 86° 46' 38"
East, at 425.51 feet pass a 1/2-inch iron rod with plastic cap marked "LJA ENG" set on the west line of a platted
roadway (40 feet wide) as shown on the aforementioned plat of Allison -Richey Gulf Coast Home Co's Part of
Suburban Gardens, continuing in all a distance of 428.27 feet (called 428.50) to a 1-inch iron pipe found marking
the northeast corner of said 4.00 acres;
Thence, leaving the southerly line of said 21.3288 acres, with the east line of said 4.00 acres and
aforementioned 1.5720 acres, South 03° 09' 36" East, 430.19 feet to a tack in lead set in concrete for comer on the
northerly right-of-way line of F.M. 2234 (width varies), from which a found TxDOT bronze disc in concrete bears
North 61° 03' 38" East, 40.92 feet;
Thence, with said northerly right-of-way the following three (3) courses;
1) South 61° 03' 38" West, 3.07 feet to a 5/8-inch iron rod with plastic cap marked "LJA ENG" set
for corner on the aforementioned west line of said 40 foot platted road;
2) South 28° 51' 39" West, 56.30 feet to a TxDot bronze disc in concrete found for corner;
Page 1 of 2
5.549 Acres January 18, 2000
Job No. 1607-0001-002
3) South 61° 03° 38" West, 438.05 feet (called 439.28 feet) to a 5/8-inch iron rod with plastic cap
marked "LJA ENG" set for comer at the southeast comer of aforementioned 1.5720 acres, same
being a southeast corner of aforementioned 21.3288 acres from which a found 1/2-inch iron rod
bears South 03' 15' 50" East, 1.42 feet;
Thence, leaving said northerly right-of-way line, with the west line of said 1.5720 and 4.00 acre tracts and
an east line of said 21.3288 acres, North 03° 15' 50" West, at 262.91 feet (called 264.39 feet) pass a 1-inch iron pipe
found marking the common west corner of said 1.5720 and 4.00 acre tracts, continuing in all a distance of 669.30
feet to the POINT OF BEGINNING and containing 5.549 acres of land.
This Description is based on a boundary survey and plat prepared by the undersigned dated January 18,
2000.
tio
Keith W. Monroe
Registered Professional Land Surveyor
Texas Registration No. 4797
Page 2 of 2
LJA Engineering and Surveying, Inc.
O
LINE TABLE
Line
Beer- Inc
Dl stance
I
561'03' 38' W
3. 07'
2
S28'51' 39' W
56. 30'
3
N61'03' 38' E
40. 92'
8
zv
PEARLAND INVESTMENTS LIMITED PARTNERSHIP
21.3288 ACRES (TRACT ONE)
F.N. 98-040711 d F.N. 98-040712. B.C.0.R
N8646'38'E 428.27' (called 428301 €
42551'
PAB.
Facts lP.
M4 Cor. 4A0 Acres
Set I/2' I.R. w/cap
marked 'LJA ENS'
N.Une 40 Plotted Rd.
SHEILA J. BALL
& LARRY J. BALL
CALLED 4.00 ACRES
F.N. 96-040654
B.C.O.R.
ALLISON-RICHEY GULF COAST HOME CO'S.
PAL.
RT OF SUBURBAN OGARDEN.P.NS
Fnd.r IP.
Common W. Cor.
15720 Ac.& 4.00 Ac.
LOT 2. BLOCK 8
LOT 2. BLOCK 7
LARRY BALL &
SHE ILA J. BALL
CALLED I .5720 ACRES
F . N. 97-0088 17
010508(00.--
pw 033i 0011
Set %' IR. w/cop marked
d ed 1 LJA ENG from which Fnd. %z' IR.
bears 503•I5' WE, MA2'.
I hereby certify that this plat represents o survey made on the ground
under my supervision on January /8.20 0 and that said pat represents
the facts found at lye time of sold survey.
Keith W.Monrae
Registered Professional Land Surveyor
Texas Registration Na4797
fnd.rlP. Scale: r - l00'
NE Ca. 4.00 Acres
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Notes:
1. N/ bearings referenced to the Texas State Pone Coordlnote
System. Swih Central Zone.
2. This survey was prepared without the old of o current
tine report (surveyor did not abstract subject properly).
3.In accordance with the Federal Emergpennccyy Management Agency.
Flood lnsurnace Rafe Mop.Mop No.48039000/0 /.mop revised
September 22./999,tin subject property Iles within the.100year
flood plain.
4. Metes and Bounds Description for subject tract prepared on
separate instrument by the underslgned.dated January /8. 2000.
SURVEY OF
5.549 ACRES
( LARRY AND SHE I LA J. BALL)
LOCATED IN THE
T. C. R. R. CO. SUR. , SEC. 3, A-678
BRAZOR I A COUNTY, TEXAS
JMOMY, 2000 JOB N0. 1807-0001-002
WA EngSerhp & eineTha in 1J4
Revised March /0. 2000 to slew 2929 artwork Drive 'Phone 713. 953, 5200
25'Water & Sewer Easement HoustonfOx 713. 9e]. BOYB
.. Texas 77042-370]