Ord. 1401 2009-07-27ORDINANCE NO. 1401
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 WATER
PLANT 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 water 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
water 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 water 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. 1401
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 water 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 27`h day of July, A. D.,
2009.
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TOM REID
MAYOR
ATTEST:
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I S ETARY T C =-~:,
APPROVED AS TO FORM: """""'~~~~
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DARRIN M. COKER ~~
CITY ATTORNEY
2
Exhibit "A"
y ~~ ~ r2.991o ACRES OUT C Ordinance No. 1401
LO`-,~r8, W. ZYCHLIIVSKI SUS1~lYlJ1V1V ~ .,
H.T. & B.R.R. CO. SURVEY, ABSTRACT NUMBER - 542
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 2.9910 acres out of Lot 48, W. Zychlinslci Subdivision according to the plat theArbeot
filed in Volume 29, Page 43 Brazoria County Deed Records in the H.T. & B.R.R. Co. Survey,
Number - 542, Pearland, Brazoria County, Texas and being out of that certain Tract 1 as described in a
deed dated 12-18-2002 from Gerald Koza a/k/a Jerry Koza (50"/o interest) to Kota Interests, Ltd. as filed
in Official Records of Real Property of Brazoria County at Clerk's File Number 03-006016 and being
more particularly descn3bed by metes and bounds as follows (with aU bearings based on the Texas State
Plane Coordinate System, South Central Zoner
Commencing at a found 5/8" iron rod with cap (stamped C.L. DAMS-RPLS 4464) marking the
southwest comes of that certain tract as described in a deed dated 03-01-2006 from Alvarez Interests Ltd.,
et aL to City of Pentland as filed in Official Records of Real Property of Brazoria County at Clerk's File
Number 2006-016407; Thence S 02° 33' 15" E -10522' with the common west line of that certain tract
as descrlbed ~ a deed dated 12--18-1996 from Thomas P. Alexffitder and Bettye M. Alexander to T. 8~ B.
Alexander >±am~- Ltd. partEtership as fled irr Official Records of Real Property of Brazoria County at
Clerk's File Number 9b-044930 and the east line of that certain tract as described in a deed dated 01-04-
1983 from Gerald L. Kona, et me and Joe Alvarez Jr., et ux to The City of Pentland, Texas as filed in
Vohmle 1706, Page 87513razoria Coualy Deed Records and also being located on the common east line
of Lot 48 and the west line of Lot 42 of said ~ilfT. Zychlinski Subdivision to a call and found 1/"L Page 875
marking the southeast corner of said The City of Pentland, Texas tract as fled in Volume 1706,
Brazoria County Deed Records and being on the east line of said Abstract Number - 542 and the west
line of H.T. & Br. R.R. Co: Survey, AbstractNumber -233 and marking the P®l~lT' OF BEC'riNNN1NNG of
herein descn'bed tract;
1. Thence S 02° 33' 15" E -230.46' with the west line of said to T. 8i B. Alexander Family Ltd.
Partnership tract to a set 5/8" iron rod with cap (stamped C.L. DAVLS-RPLS 4464) f~ conur,
Z. Thence S 87° 14' 36" W - 42420' to a set 5/8" iron rod with cap (stamped C.L. DAV1S-RPLS 4464}
for corner;
3. Thence N 02° 45' 24" QV - 331.29' to a set 5/8" iron rod with cap (stamped C.L. DAMS-RPLS 4464)
for corner;
4. Thence N 87° 14' 36" E - 321.46' to a set 5l8" iron rod with cap (stamped C.L. DAMS-RPLS 4464)
for corner;
5. Thence S 02° SO' 2T' E -100.59' with the west line of said The City of Pentland, Texas tract as filed
in Vohrme 1706, Page 875 Brazoria County Deed Records to a set 5/8" iron rod with cap (stamped
C.L. DAVLS-RPLS 4464) for comer, frorer wlEich a found 1!2" iron rod bears S 65° 02' S4" E - 0.42'
for reference;
6. Thence N 87° 22' 33" E - 103.41' with the south line of said The City of Pentland, Texas tract as
filed in Volume 1706, Page 875 Bra~ria Cou~y Deed itecords to the POINT OF BEGIlVNING and
cog 29910 acres (130,288 sc~ate feet} of land more or less.
'This 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
Compiled by:
C.L. Davis & Company
Job Number: l 1-421-126-Alice 2.9910 acres M&B.doc
9/26/2008
1121-126-alke zs9ia acs M8s
City of Pearland
Exhibit "B"
Ordinance No. 1401
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-31- November 24, 2008
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