Ord. 1384 2009-06-08ORDINANCE NO. 1384
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 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
road, utility and 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 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. 1384
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 road, utility and 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 8th day of June, A. D.,
2009.
ATTEST:
Y NG I G R
S RETAR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
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Exhibit "A"
Ordinance No. 1384
EX>'13BIT "A"
PARCEL N0.35
METES AND BOUNDS DESCRIPTION
600 SQUAYtE FEET OUT OF
LOT 1, BLOCK 1,
WII~LOWCREST ADDITION SECTION 1
PEARLAI~ID, BRAZORIA COUNTY, TEXAS
All that certain 600 ware feet out of Lot 1, Block. 1, Vi7illowcrest Addition Section 1 ~coxding
to the plat thereof as filed in Volume 9, Page 90 Brazoria County Plat Records aad being mare
particularly desenibed by metes and bounds as follows (bearings based on Texas Coordinate
System of 1983, South Central Zone);
Beginning at a point marking the intersection of the south right-of-way line of Orange Street
(width vanes) sud the west right-of-way line of Mykawa Road (100' wide) and the northeast
corner of said Lot 1, Block 1, Willowcrest Addition Section };
1. Theaace S 02° 24' 13" E - 40.00' with the west right of-vvay line of said Mylcawa. Road to a
to a point for corner; .
2. Thence N 39° 16' 36" W passing at a distance of 16.67' a set 5/8" iron rod with cap (stamped
C.L. DAMS ItPLS 41164) for xeference and continuing a total distance of 50.00' to a set "X"
cut in concrete far comer;
3. Thence N 87° 35' 17" E with the south right of--way line of said Orange Street passing at
20.00' a set 5/S" Iran xod with cap (stamped C.L. DAMS-RPLS 4464) far reference and
continuing a total distance of 30.0(1' to the POINT OF BEGINNING and containing 600
square fcet (0.013 S acre) of land more or less.
Tbis metes and bounds description is accompanied by a separate plat, drawing or exhibit per
Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices"
Section 663.19(9}-
Compiler! by: C.L. Davis & Coragany ~ F~
JobNuao~ber:Il-421-104Parce135M&B.doc ~~~--•~r ~E
08/04f20f18 ~~~ ~ F~
REVISED 05/14!2009 __ C, L. DAVIS
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i1-421-104 Parce135 M8~3
Exhibit "B"
Ordinance No. 1384
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