Ord. 1383 2009-06-08ORDINANCE NO. 1383
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
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 fee simple title to certain property 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 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. 1383
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 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 8t" day of June, A. D.,
2009.
TOM REID
MAYOR
ATTEST:
Y NGL ,T
SE ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
Exhibit "A"
EXHIBIT "A" Ordinance No. 1383
PARCEL 8
~N>JC,TES AND BOUNDS DESCRIPTiONt-
6.4473 ACRES OUT OF
SECTION 31
H.T. & B. R.R. COMPANY SURVEY, ABSTRACT 293
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 6.4473 acres out of Section 3I, H.T. & B. R.R. Company Survey, Abstract 293,
Feazland, Brazoria County, Texas and being out of that certain tract as described in a deed dated
04-06-1998 from Peggy Miller Hall, executrix, et al. to Prabhakar Ra.o Draksharam, trustee as
filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 98-
013045 and being more particularly described by metes and bounds as follows (bearings based
on Texas Coordinate System of 1983, South Central Zone);
Commencing ax a found disc in concrete stamped City of Peazland GPS Monument No. 7 having
published grid coordinates of N: 13,769,335.619', E: 3,138,911.254'; Thence S 26° 29' 36" E --
17,213.97' to a point mazking the northwest corner of said Prabhakar Rao Drakshazam, trustee
tract; Thence S 02° 37' 28" E with the west line of said Prabhakar Rao Draksharam, trustee tract
passing at a distance of 39.28' a found 1/2" iron rod located on the rrionumented south right-of-
way line of County Road 100 and continuing for a total distance of 2,626.40' to a set 5/8" iron
rod with cap {stamped C.L. DAVIS - RPLS 4464) marking the POINT OF BEGINNING of
herein described tract;
1. Thence N 87° 18' S2" E - 857.73' to a set 5/8" iron rod with cap {stamped C.L. DAVIS -
RPLS 4464). marking the beginning of a curve to the left having a radius of 280.00' and a
central angle of 31 ° 47' 07";
2. Thence with said curve an azc distance of 155.33' and a chord bearing and distance of
N 71 ° 25' 18" E - i 53.35' to a set 5/8" iron rod with cap (stamped C.L. DAVIS - RPLS
4464} marking the point of a reverse curve to the right having a radius of 560.00' and a
central angle of 31 ° 48' 10";
3 • Thence with said curve an arc distance of 310.84' and a chord bearing and distance of
N 71° 25' S0" E - 306.86' to a set 5/8" iron rod with cap (stamped C.L. DAVIS - RPLS
4464) marking the point of tangency;
4. Thence N 87° 19' S5" E passing at a distance of 644.26' a set 5/8" iron rod with cap
(stamped C.L. DAVIS - RPLS 4464) located on the monumented west right-of--way line of
Veterans Road (County Road 143) for reference and continuing for a total distance of
682.04' to a point for comer;
5. Thence S 02° 41' 26" E - 140.00' with the east line of said Prabhakar Rao Draksharam,
trustee tract to a point for corner;
6. Thence S 87° 19' SS" W -passing at 37.80' a found 1/2" iron rod located on the monumented
west light-of--way line of Veterans Road (C.R. 143) and continuing with the north line of that
certain tract as described in a deed dated 07-28-2006 from Judith A. Moore to Robert W.
Griffin as filed in the Official Records of Real Property of Brazoria County at Clerk's File
Number 2006-046224 a total distance of 682.10' to a found 1/2" iron rod marking the
beginning of a curve to the left having a radius of 420.00' and a central angle of 31 ° 48' 10"
and also marking the northwest corner of said Robert W. Griffin tract;
11 X21-1 (}6 P~vicel 8 - M&B.doc
City of Pearland -31- January 27, 2009
7. Thence with said curve an arc disteace of 2;3;13' apd a chord bcat~ing cad distance of
S 71° 2S' S'0" W -- 230i S' ~o a set ~1S" iron rod with cap (stamped ~.L. DAMS - Rl'L5
4'~4) iaarlti~g ttie ptrint of a reverse ctin~e to tin tig}if Iiaving a railivs pf 430.00' and' a
ae~gle of 3'1° 47' 07";
~` Thence with said euntc an are dtsta:tcd of 233.40' and a r~os~ bcariug ~ ~~~~
S 72° 2>' !.S" all - 234.0' to a set s!S" iron rad 4vit~Z cap ('s'tamped ~ L, DAV'I~ -•~FLS
4464) n?aYidiiff'tbe point of #angoncy,•
9. Thcacx S $7° 1.$' S2" W -557.85" to a. set S/8" iron rod with cap (stamped G.i:,. ~A`/I~ -
RP&.S4464) foz'eOrnCr;
!0. Tiicnce N 0~° 37' 2ff" ~ -140:0.0' vrtitlt the east line of tbat certain ttaot as d~s~cn'Scd in a
deed dated I2-1$-20Q'X from ItosaIie Miller f~oreo to R14LT 1t~t(er Real lrstat@ Ho}dings, Ltcl,
as filed ih the Oflzcial records of legal ]?r~tpeitq of Bi~azoria ~ur~ty at ~lerli`s Flo Number
0?-0~(13SQ to the P~II~i'I` OF BEf3I~I1~'1NG and containing 6,4473 acrCe (ZffQ,$43 Square
feet) of Tend more or less.
This metes and botwds .description is accompanied by a separate plat, diaviing ar wit lug'
Texas Beard o$ Professional Land Surveyor's "General RvIes of Frocxdnres cad Rractiees"
Section b63.19{9).
Complied bys C.I.. Danis 8c Coatgaay
Job Nwttt~r: l 1-421-106 Parcel 8 - Iv#8c 3.doc
o6.-a4,?.~0~
[ 1121-i06 P.vet18-1dtB.doo
Integra Realty Resources -Houston
Exhibit "B"
Ordinance No. 1383
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