Ord. 0771 02-10-97ORDINANCE NO. 771
AN ORDINANCE OF THE.CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR A
PUBLIC PROJECT TO EXPAND CITY FACILITIES, INCLUDING BUT NOT
LIMITED TO · THE EXPANSION AND/OR RELOCATION OF
ADMINISTRATIVE OFFICES, PUBLIC LIBRARY, AND MEETING
FACILITIES; AUTHORIZING THE CITY ATTORNEY, OR HER 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; DECLARING AN EMERGENCY AS THE PROVISION
OF ADEQUATE CITY 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
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 for this public project to
expand City facilities, including but not limited to the expansion and/or relocation of
administrative offices, public library, and meeting facilities; 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
expand City facilities, including but not limited to the expansion and/or relocation of
administrative offices, public library, and meeting facilities, in Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition, by
donation, purchase, condemnationl or otherwise, of certain real property located
ORDINANCE NO. 771
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 her designee, and other City officials are
hereby authorized and directed, on behalf of the City to take such actions as are
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 provision of adequate City 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
~-~- ,A.D.,1997.
ATTEST:
WENDY S TA,~ D/b'R-F
INTERIM CIT,,Y./S EC RETA Ry
day of
TOM REID
MAYOR
ORDINANCE NO. 771
AP~/~VED AS TO FORM:
"EXHIBIT A"
TRACT I
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 13.838 acre tract of land in the W.D.C. Hall Survey,
Abstract No. 70 in Brazoria County, Texas. Said 13.838 acre tract is part of a 297.58
acre tract described as "First Tract" in a deed to Aaron Pastemak, Trustee as recorded
in Volume 1023, Page 297 of the Brazoria County Deed Records and is more
particularly described by metes and bounds as follows:
COMMENCING at the point of intersection of the southwesterly line of F.M 518 (East
Broadway) with the northwesterly line of Liberty Ddve (based on a width of 60-feet) as
established by a deed recorded in Volume 1271, Page 566 of the Brazoda County
Deed Records;
THENCE, South 45°22'35' West, along the northwesterly line of said Liberty Ddve for a
distance of 450.00 feet to the POINT OF BEGINNING, said point being the
southwesterly comer of a 3.4288 acre tract described in a deed to PEE-GEE, N.V. as
recorded in Volume 1768, Page 205 of the Brazoda County Deed Records;
THENCE, South 45°22'35" West, continuing along the northwesterly line of said Liberty
Ddve for a distance of 949.84 feet to the southeasterly comer of Pad(view Subdivision,
Section One, as recorded in Volume 15, Page 377 of the Brazoda County Plat
Records;
THENCE, North 44036'05" West, along the northeasterly line of said Pad(view
Subdivision for a distance of 637.02 feet to a point for comer in the common line
between said W.D.C. Hall Survey, Abstract No. 70 and the Thomas J. Green Survey,
Abstract No. 198, said point also being in the north line of said Pastemak "First Tract",
same being the southeasterly line of an 80-foot wide Houston Lighting and Power
Company Fee Stdp as recorded in Volume 1108, Page 358 of the Brazoda County
Deed Records;
THENCE, North 45022'35" East, along the north line of said "First Tract", same being
the common line between said surveys and also being the south line of said Houston
Lighting and Power Company Fee Stdp for a distance of 910.89 feet to a point for
comer, said point being the most westedy comer of a 0.7317 acre tract described as
"Tract Two" in a deed to Gilbert M. Turner as recorded in Clerk's File No. 96-022881 of
the Brazoda County Deed Records;
THENCE, South 63°12'54" East, along the westedy line of said 0.7317 acre tract for a
distance of 121.41 feet to a point for comer, said point being the northwesterly comer
of a 0.7334 acre tract described in a deed to Edward A. Lewis, Trustee as recorded in
Volume 1410, Page 220 of the Brazoda County Dead Records, same being the
southwesterly comer of said 0.7317 acre tract;
PAGE I OF 5
TRACT I
THENCE, South 44037'25" East, along the westerly line of said 0.7334 acre tract for a
distance of 521.95 feet to the POINT OF BEGINNING, containing a computed area of
13.838 acres.
Note:
1. The bearings in this description are based on the deed recorded in Volume
1023, Page 297 of the Brazoria County Deed Records.
2. This description has been compiled from recorded information only and has
not been surveyed on the ground.
PAGE 2 OF 5
TRACT II
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 7.578 acre tract of land in the Thomas J, Green
Survey, Abstract No. 198 in Brazoda County, Texas. Said 7.578 acre tract is part of a
35,8 acre tract described as "Second Tract" in a deed to Aaron Pastemak, Trustee as
recorded in Volume 1023, Page 297 of the Brazoda County Deed Records and is more
particularly described by metes and bounds as follows:
COMMENCING at the point of intersection of the southwesterly line of F.M. 518 (East
Broadway) with the northwesterly line of Liberty Drive (based on a width of 60-feet) as
established by a deed recorded in Volume 1271, Page 566 of the Brazoda County
Deed Records;
THENCE, North 63000'00" West, along the southwesterly line of said F.M, 518 for a
distance of 671.25 feet to a point for comer in the common line between said Thomas
J. Green Survey, Abstract No. 198 and the W.D.C. Hall Survey, AbStract No. 70, said
point also being southeasterly comer of the aforementioned 35.8. acre "Second Tract"
and the southeasterly comer of an 80-foot wide Houston Lighting and Power Company
Fee Stdp as described in a deed recorded in Volume 1108, Page 358 of the Brazoda
County Deed Records;
THENCE, North 62050'33" West, continuing a long the southwesterly line of said F.M.
518 for a distance of 84.22 feet to the northeasterly comer of said Houston Lighting
and Power Company Fee Stdp, same being the southeasterly comer of a 1.7359 acre
tract described as "Tract One" in a deed to Gilbert M. Turner as recorded in Clerk's File
No. 96-022681 of the Brazoda County Deed Records;
THENCE, South 45022'35" West, along the northwesterly line of said Fee Strip, same
being the southwesterly line of said 1.7359 acre tract for a distance of 277.09 feet to
the POINT OF BEGINNING of the herein described 7.578 acre tract;
THENCE, South 45°22'35" West, continuing along the northwesterly line of said Fee
Strip for a distance of 884.53 feet to a point for comer in the northeasterly line of
Park. view Subdivision, Section One, as recorded in Volume 15, Page 377 of the
Brazoria County Plat Records;
THENCE, North 44°36'05' West, along the northeasterly line of said Parkview
Subdivision, Section One for a distance of 407.49 feet to a point for comer in the
northwesterly line of the aforementioned Pastemak 35,8 acre "Second Tract", same
being the southeasterly line of a 9.8895 acre tract described as 'q'ract One" in a deed
to Frost Properties, LTD. as recorded in Clerk's File No. 96-031834 of the Brazoda
County Deed Records, said point being the northeast comer of said Parkview
Subdivision;
PAGE 3 OF 5
TRACT II
THENCE, North 45°22'35" East, along the northwesterly line of said Pastemak 35.8
acre tract, same being the southwesterly line of said Frost Properties. LTD. 9.8895 acre
tract, for a distance of 750.33 feet to the westedy comer of a 0.918 acre tract described
in a deed to OCIRES 1 LIMITED as recorded in Clerk's File No. 89641, Page 95 of the
Brazoda County Deed Records;
THENCE, South 44°22'54 East, along the westedy line of said 0.918 acre OCIRES 1
LIMITED tract, for a distance of 133.70 feet to a point for corner;
THENCE, North 45°22'35" East, along the southerly line of said 0.918 acre tract, for a
distance of 44.48 feet to a point for comer, said point being the northwesterly comer of
the aforementioned 1.7359 acre Gilbert M. Turner "Tract One";
THENCE, South 62050'33" East, along the southwesterly line of said 1.7359 acre tract,
for a distance of 288.45 feet to the POINT OF BEGINNING, containing a computed
area of 7.578 acres.
Note:
1. The bearings in this description are based on the deed recorded in Volume
1023, Page 297 of the Brazoda County Deed Records.
2. This description has been compiled from recorded information only and has
not been surveyed on the ground.
PAGE 4 OF 5