Ord. 1396 2009-07-13ORDINANCE NO. 1396
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. 1396
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 13th day of July, A. D.,
2009.
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TOM REID
MAYOR
ATTEST:
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S ETAR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
Exhibit "A"
E~GiIBIT "A„ Ordinance No. 1396
PARCEL 2
METES AND BOUNDS DESCRIl'TION
1.5529 ACRES OUT OF
I-I. STEVENS SURVEY, ABSTRACT 593
PEARLAND, BRAZORIA COUNTY, TEAS
All that certain 1.5529 acres out of H. Stevens Survey, Abstract 593, Peazland, Brazoria County,
Texas and being out of that certain tract as described in a deed dated 01-02-1957 from C.W.'
Massey, et ux. to Mazguerite Massey Smith as filed in Volume '708, Page 117 Brazoria County.
Deed Records and being more particulazly described by metes and bounds as follows (bearings
based on Texas Coordinate System of 1983, South Central Zone);
Commencing at a found disc in concrete stamped City of Pearland GPS Monument No. 7 having
published grid coordinates of N: 13,769,335.619', E: 3,138,911.254'; Thence S 04° 51' O1" E -
15,799.72' to a set 5/8" iron rod with cap (stamped C.L. DAMS - RPLS 4464) mazlcing the
POINT OF BEGIl~IIVING of herein described tract and said point also being located on the
monumented south right-of--way line of County Road 100 and being located S 02° 37' 03" E -
39.98' from the northeast comer of that certain called 5.00 acre tract as described in a deed dated
05-22-1984 from Marguerite Massey Smith, et vir to Lois Winfrede Summers as filed in Volume
1775, Page 248 Brazoria County Deed Records;
1. Thence N 87° 18' 48" E - 174.28' with the monumented south right-of--way line of County
Road 100 to a set 5/8" iron rod with cap (stamped C.L. DAMS - RPLS 4464) for corner;
2. Thence S 51° 41' 40" E - 338.74' to a set 5/8" iron rod with cap (stamped C.L. DAMS -
RPLS 4464) for corner;
3. Thence S 02° 40' 03" E - 185.43' with the west line of that certain tract as described in a
Last Will and Testament dated 06-22-1977 from Shew F. Lew to Robert Lew and William
Lew as filed in Volume 1673, Page 447 Brazoria County Deed Records to a set 5/8" iron rod
with cap (stamped C.L. DAMS - RPLS 4464) for comer,
4. Thence N 51 ° 41' 40" W - 503.03' with the northeasterly line of that certain 225' wide
Houston Lighting and Power Company Easement as filed in Volume 1158, Page 284
Brazoria County Deed Records to a set 5/8" iron rod with cap (stamped C.L. DAMS - RPLS
4464) for corner;
5. Thence S 87° 21' 25" W - 50.31'' to a set 5/8" iron rod with cap (stamped C.L. DAMS -
RPLS 4464) for corner;
6. Thence N 02° 37' 03" W - 77.62' with the east line of said Summers tract to the POINT OF
BEGINNING and containing 1.5529 acres (67,644 square feet) of land more or less.
This metes and bounds description is accompanied by a separate plat, drawing or exhibit per
Texas Boaazd of Professional Land Surveyor's "General Rules of Procedures and Practices"
Section 663.19(9).
Compiled by: C.L. Davis & Company
Job Number: I 1-421-106 Pazcel 2 - M&B.doc
06-24-2008
11121-106 Panel 2 - M&B.doc
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Exhibit "B"
Ordinance No. 1396
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