Ord. 0753 10-26-96ORDINANCE NO. 753
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 01
TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECE
REGIONAL DETENTION SITE, KNOWN AS SOUTHWE,S
MENTAL CENTER; AUTHORIZING THE CITY ATTORNI thl.� �vl
DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH;
ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED
CITY'S EXTRATERRITORIAL JURISDICTION, BY
PURCHASE, OR BY THE EXERCISE OF THE POWER
DOMAIN; DECLARING AN EMERGENCY AS THE PROVISION OF
REGIONAL STORMWATER DETENTION 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
exits for the location, alignment, construction, operation, and maintenance of said
detention site; and
WHEREAS, accordingly, the City Council hereby acknowledges that it is in the
public's best interest to acquire property located in the City's extraterritorial juris-
diction for this site; 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 exits for the accomplishment of a regional stormwater
detention site, known as the Southwest Environmental Center, in the extraterritorial
jurisdiction of Pearland, Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition, by
donation, purchase, condemnation, or otherwise, of certain real property located
within the alignment of said site, within the City's extraterritorial jurisdiction, situated
1
tam.)
ORDINANCE NO. 753
in Brazoria County, more particularly described in Exhibits "A", "B", and "C", 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 Exhibits "A",
"B", and "C", 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 exits for
requiring the acquisition of said property as the provision of regional stormwater
detention 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 they day of
, A. D., 1996.
ATTEST:
YO/A DA C. BENITEZ
CITY SECRETARY
2
TOM REID
MAYOR
ORDINANCE NO. 753
APPRO . ED AS TO FORM:
A M s' ES McCUL 0 G
CITY A ORNEY
3
Exhibit A
Page 1
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 0.86 acre tract of land located in the H.T. & B.R.R.
Company Survey, Section 13, Abstract No. 240 and the H.T. & B.R.R. Company
Survey, Section 14, Abstract No. 509 in Brazoria County, Texas. Said 0.86 acre tract is
a part of Lots 47 and 48 of the Figland Orchard Subdivision No.1 as recorded in
Volume 3, Page 77 if the Brazoria County Map Records and is also a part of an 80 acre
tract of land described in a deed recorded in Volume 403, Page 571 of the Brazoria
County Deed Records. This tract is described in a deed to William E. Britt and wife,
Christine Rae Britt in a deed recorded in Volume 971, Page 170 of the Brazoria County
Deed Records and is more particularly described by metes and bounds as follows:
COMMENCING at the northwest comer of a 108.97 acre tract as described in a deed
to Aubrey Ellis, et al, in Volume 937, Page 946 of the Brazoria County Deed Records,
said point being in the centerline of Mary's Creek;
THENCE, South along the east line of 108.97 acre tract, said line being the centerline
of Hatfield Road (based on a width of 50-feet) as shown on the recorded map of said
Figland Orchard Subdivision, passing a %-inch iron pipe found at a distance of 33.17
feet, passing the northeast comer of the aforementioned 80 acre tract at a distance of
502.03 feet, continuing for a total distance of 668.39 feet to a point for comer;
THENCE, West for a distance of 589.60 feet to a point for comer,
THENCE, North for a distance of 150.00 feet to a 5/8-inch iron rod set for the POINT
OF BEGINNING and southeast comer of the herein described tract;
THENCE, West along the south line of the herein described tract for a distanoe of
250.00 feet to a 5/8-inch iron rod set for comer,
THENCE, North along the west line of the herein described tract for a distance of
150.00 feet to a 5/8-inch iron rod set for the northeast comer of the herein described
tract;
THENCE, East along the north line of the herein described tract for a distance of
230.00 feet to a 5/8-inch iron rod set for the point of curvature of a curve to the right;
THENCE, with said curve to the right having a radius of 20.00 feet, a central angle of
90°00'42", (chord bears South 45°00'21" East, 28.29 feet) for an arc distance of 31.42
feet to a 5/8-inch iron rod set for the point of tangency of said curve;
Exhibit B
Page 1
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 0.86 acre tract of land located in the H.T. & B.R.R.
Company Survey, Section 14, Abstract No. 509 in Brazoria County, Texas. Said 0.86
acre tract is a part of an 80 acre tract of land described in a deed recorded in Volume
403, Page 571 of the Brazoria County Deed Records. This tract is described in a deed
to Willis Chester Barton and wife, Shirley Neiline Barton in a deed recorded in Volume
971, Page 130 of the Brazoria County Deed Records and is more particularly described
by metes and bounds as follows:
COMMENCING at the southeast comer of said 80 acre tract;
THENCE, North along the east line of said 80 acre tract, passing a found %-inch iron
pipe at 21.02 feet, and continuing for a total distance of 249.69 feet to a point for
Wrier,
THENCE, West for a distance of 280.59 feet to a 5/8-inch iron rod set for the POINT
OF BEGINNING and the southeast comer of the herein described tract
THENCE, West along the south line of the herein described tract for a distance of
230.00 feet to a 5/8-inch iron rod set for the point of curvature of a curve to the right;
THENCE, along said curve to the right having a radius of 20.00 feet, a central angle of
90°00'42s, for an arc distance of 31.42 feet to a 5/8-inch iron rod set for the point of
tangency of said curve;
THENCE, North along the west line of the herein described tract for a distance of
130.00 feet to a 5/8-inch iron rod set for the northwest comer of the herein described
tract;
THENCE, East along the north line of the herein described tract for a distance of
250.00 feet to a 5/8-inch iron rod set for the northeast comer of this tract;
THENCE, South along the east line of the herein described tract for a distance of
150.00 feet to the POINT OF BEGINNING, containing acomputed area of 0.86 of an
acre (37,414 square feet).
Walsh Surveying, Inc.
2006 E. Broadway, Suite 105
Pearland, Texas 77581
(713) 485-3991
10-24-9(v
uLA
Michael D. Wilson, R.P.L.S.
Registration No. 4821
OF
a 4'0 s '►�oditikl
SN
�\
MICHAEL D. WiLSON W
• g
4821 r. a
Exhibit C
Page 1
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 1.655 acre tract of land located in
the H.T. & B.R.R. Company Survey, Section 13, Abstract No. 240
and the H.T. & B.R.R. Company Survey, Section 14, Abstract No.
509 in Brazoria County, Texas. Said 1.655 acre tract is a part of
Lot 47 of the Figland Orchard Subdivision No. 1 as recorded in
Volume 3, Page 77 of the Brazoria County Map Records and is also
a part of an 80 acre tract of land described in a deed recorded
in Volume 403, Page 571 of the Brazoria County Deed Records and
is more particularly described by metes and bounds as follows:
COMMENCING the northwest corner of a 108.97 acre tract as
described in a deed to Aubrey Ellis, et ali, in Volume 937, page
946 of the Brazoria County Deed Records, said point being in the
centerline of Mary's Creek;
THENCE, South along the east line of said 108.97 acre tract, said
line being the centerline of Hatfield Road (based on a width of
50-feet) as shown on the recorded map of said Figland Orchard
Subdivision, passing a 3/4-inch iron pipe found at a distance of
33.17 feet, continuing passing the northeast corner of the
aforementioned 80 acre tract at a distance of 502.03 feet,
continuing for a total distance of 668.39 feet;
THENCE, West for a distance of 279.60 feet to a 5/8-inch iron rod
set for the POINT OF BEGINNING and the southeast corner of the
herein described tract;
THENCE, West for a distance of 250.00 feet to a 5/8-inch iron rod
found for the southwest corner of the herein described tract;
THENCE, North for a distance of 280.00 feet to a 5/8-inch iron
rod set for the point of curvature of a curve to the right;
THENCE, along said curve to the right having a radius 20.00 feet,
a central angle of 90°00'00"(chord bears North 45°00'00" East,
28.28 feet) for an arc distance of 31.42 feet to a 5/8-inch iron
rod found for corner and the point of tangency of said curve;
THENCE, East for a distance of 64.36 feet to a 5/8-inch iron rod
set for the point of curvature of a curve to the right;
cm')
Exhibit A
Page 2
THENCE, South along the east line of the herein described tract for a distance of
130.00 feet to the POINT OF BEGINNING, containing a computed area of 0.86 of an
acre (37,414 square feet).
Walsh Surveying, Inc.
2006 E. Broadway, Suite 105
Pearland, Texas 77581
(713) 485-3991
10"24-GUP
M
chael D. Wilson, R.P.L.S.
Off
STeQC 6,
0 W �-•.
MICHAEL D. WILSON p.
Alp_4821 a
f 'le:J
SUS4
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 0.86 acre tract of land located in the H.T. & B.R.R.
Company Survey, Section 14, Abstract No. 509 in Brazoria County, Texas. Said 0.86
acre tract is a part of an 80 acre tract of land described in a deed recorded in Volume
403, Page 571 of the Brazoria County Deed Records. This tract is described in a deed
to Willis Chester Barton and wife, Shirley Neiline Barton in a deed recorded in Volume
971, Page 130 of the Brazoria County Deed Records and is more particularly described
by metes and bounds as follows:
COMMENCING at the southeast comer of said 80 acre tract;
THENCE, North along the east line of said 80 acre tract, passing a found %-inch iron
pipe at 21.02 feet, and continuing for a total distance of 249.69 feet to a point for
comer;
THENCE, West for a distance of 280.59 feet to a 5/8-inch iron rod set for the POINT
OF BEGINNING and the southeast comer of the herein described tract;
THENCE, West along the south line of the herein described tract for a distance of
230.00 feet to a 5/8-inch iron rod set for the point of curvature of a curve to the right;
THENCE, along said curve to the right having a radius of 20.00 feet, a central angle of
90°00'42", for an arc distance of 31.42 feet to a 5/8-inch iron rod set for the point of
tangency of said curve;
THENCE, North along the west line of the herein described tract for a distance of
130.00 feet to a 5/8-inch iron rod set for the northwest comer of the herein described
tract;
THENCE, East along the north line of the herein described tract for a distance of
250.00 feet to a 5/8-inch iron rod set for the northeast corner of this tract;
THENCE, South along the east line of the herein described tract for a distance of
150.00 feet to the POINT OF BEGINNING, containing a computed area of 0.86 of an
acre (37,414 square feet).
Walsh Surveying, Inc.
2006 E. Broadway, Suite 105
Pearland, Texas 77581
(713) 485-3991
I D-24 —9c9
Mihael D. Wilson, R.P.L.S.
Registration No. 4821 _OF
;14%41,
a ri.:(k.
MICHAEL D. WILSON
�7482;!;ff
1 �e
.40
FIGLAND ORCHARD SUBDIVISION NO. 1
VOLUME 3, PAGE 77 B.C.M.R.
QLcS
2b° 0/5c:c)i O <0() PG'
cDC
'15)
0.99 ACRES
VOL 971, PG. 124
B.C.D.R.
C-1
J
A = 90.00'42"
R = 20.00'
T = 20.00'
L = 31.42'
CH.= 28.2P'
BRG.=N45'00'00"
EAST
250.00'
0 0 0.86 ACRES
z VOL. 971, PG. 130
B.C.D.R.
WEST
O
0
0
O
F
0
cn
230.00'
POINT OF BEGINNING
WEST " 280.59'
FND. 3/4"IR
21.02'
B.C.D.R. = BRAZORIA COUNTY DEED RECORDS
B.C.M.R. = BRAZORIA COUNTY MAP RECORDS
0 = SET 5/8' IRON ROD
1(1
POINT OF COMMENCING-)
S.E. CORNER OF
80 ACRE TRACT
NOTE:
THE BEARINGS SHOWN HEREON ARE BASED ON
THE RECORD BEARINGS IN VOLUME 937, PAGE
946, B.C.D.R.
F
t16 41Sptep0 yt
MICHAEL D. WILSON
�'�.. 4821
• ®t®�
Exhibit A
Page 3
C-1
o = 90 00'42"
R = 20.00'
T = 20.00'
L = 31.42'
CH= 28.29'
CB= S 45 00'21" E
LOT 48
c#O S.
GO k' EAST
230.00'
. 0.86 ACRES
.p VOL. 971, PG. 171
0�P o B.C.D.R.
00
,o
O
0
M
O
WEST
NORTH LINE OF ORIGINAL
80 ACRE TRACT
-. &- 250.00'
GO • i� �F'
O = SET 5/8' IRON ROD
B.C.P.R. = BRAZORIA COUNTY PLAT RECORDS
= BRAZORIA COUNTY DEED RECORDS
A
f i 11 Dr
0
z
POINT OF
COMMENCING
0
N
0
POINT OF cn
BEGINNING
589.60 " WEST
0'
NOTE:
THE BEARINGS SHOWN HEREON ARE BASED ON
THE RECORD BEARINGS INLUME 937, PAGE
946, B.C.D R.
Exhibit B
Page 1
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 0.86 acre tract of land located in the H.T. & B.R.R.
Company Survey, Section 14, Abstract No. 509 in Brazoria County, Texas. Said 0.86
acre tract is a part of an 80 acre tract of land described in a deed recorded in Volume
403, Page 571 of the Brazoria County Deed Records. This tract is described in a deed
to Willis Chester Barton and wife, Shirley Neiline Barton in a deed recorded in Volume
971, Page 130 of the Brazoria County Deed Records and is more particularly described,
by metes and bounds as follows:
COMMENCING at the southeast comer of said 80 acre tract;
THENCE, North along the east line of said 80 acre tract, passing a found'/. -inch iron
pipe at 21.02 feet, and continuing for a total distance of 249.69 feet to a point for
corner;
THENCE, West for a distance of 280.59 feet to a 5/8-inch iron rod set for the POINT
OF BEGINNING and the southeast comer of the herein described tract;
THENCE, West along the south line of the herein described tract for a distance of
230.00 feet to a 5/8-inch iron rod set for the point of curvature of a curve to the right;
THENCE, along said curve to the right having a radius of 20.00 feet, a central angle of
90°00'42", for an arc distance of 31.42 feet to a 5/8-inch iron rod set for the point of
tangency of said curve;
THENCE, North along the west line of the herein described tract for a distance of
130.00 feet to a 5/8-inch iron rod set for the northwest comer of the herein described
tract;
THENCE, East along the north line of the herein described tract for a distance of
250.00 feet to a 5/8-inch iron rod set for the northeast comer of this tract;
THENCE, South along the east line of the herein described tract for a distance of
150.00 feet to the POINT OF BEGINNING, containing a -computed area of 0.86 of an
acre (37,414 square feet).
Walsh Surveying, Inc.
2006 E. Broadway, Suite 105
Pearland, Texas 77581
(713) 485-3991
10-24-5(p
(L,1
Mifhael D. Wilson, R.P.L.S.
Registration No. 4821
,s OF 4.
dt-
ii
MICHAEL D. WILSOPN 1
e�d 4821 '4: ef.t,
,f, 1 S g L`23c°
St1R4
Exhibit B
Page 2
FIGLAND ORCHARD SUBDIVISION NO. 1
VOLUME 3, PAGE 77 B.C.M.R.
PG Q
(6° NOS O • ���
' G
• c-DF, �P
O�
'I,
EAST 250.00'
0.99 ACRES
VOL 971, PG. 124
B.C.D.R.
C-1
A = 90'00'42"
R = 20.00'
T = 20.00'
L = 31.42'
CH.= 28.2P'
BRG.=N45'00'00"
O
z
re)
0.86 ACRES
VOL. 971, PG. 130
B.C.D.R.
WEST
0
0
0
0
0)
230.00'
1 WEST " 280.59'
J
POINT OF BEGINNING
FND. 3/4"IR
21.02'
B.C.D.R. = BRAZORIA COUNTY DEED RECORDS
B.C.M.R. = BRAZORIA COUNTY MAP RECORDS
0 = SET 5/8' IRON ROD
POINT OF COMMENCING
S.E. CORNER OF
80 ACRE TRACT
NOTE:
in
co
ai
co
ce
0
z
THE BEARINGS SHOWN HEREON ARE BASED ON
THE RECORD BEARINGS IN VOLUME 937, PAGE
946, B.C.D.R.
MICHAEL D. WILSON
® 4821 �� 1
/1 w n � "d'w
A
cm)
Exhibit C
Page 1
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 1.655 acre tract of land located in
the H.T. & B.R.R. Company Survey, Section 13, Abstract No. 240
and the H.T. & B.R.R. Company Survey, Section 14, Abstract No.
509 in Brazoria County, Texas. Said 1.655 acre tract is a part of
Lot 47 of the Figland Orchard Subdivision No. 1 as recorded in
Volume 3, Page 77 of the Brazoria County Map Records and is also
a part of an 80 acre tract of land described in a deed recorded
in Volume 403, Page 571 of the Brazoria County Deed Records and
is more particularly described by metes and bounds as follows:
COMMENCING the northwest corner of a 108.97 acre tract as
described in a deed to Aubrey Ellis, et ali, in Volume 937, page
946 of the Brazoria County Deed Records, said point being in the
centerline of Mary's Creek;
THENCE, South along the east line of said 108.97 acre tract, said
line being the centerline of Hatfield Road (based on a width of
50-feet) as shown on the recorded map of said Figland Orchard
Subdivision, passing a 3/4-inch iron pipe found at a distance of
33.17 feet, continuing passing the northeast corner of the
aforementioned 80 acre tract at a distance of 502.03 feet,
continuing for a total distance of 668.39 feet;
THENCE, West for a distance of 279.60 feet to a 5/8-inch iron rod
set for the POINT OF BEGINNING and the southeast corner of the
herein described tract;
THENCE, West for a distance of 250.00 feet to a 5/8-inch iron rod
found for the southwest corner of the herein described tract;
THENCE, North for a distance of 280.00 feet to a 5/8-inch iron
rod set for the point of curvature of a curve to the right;
THENCE, along said curve to the right having a radius 20.00 feet,
a central angle of 90°00'00"(chord bears North 45°00'00" East,
28.28 feet) for an arc distance of 31.42 feet to a 5/8-inch iron
rod found for corner and the point of tangency of said curve;
THENCE, East for a distance of 64.36 feet to a 5/8-inch iron rod
set for the point of curvature of a curve to the right;
cm\
Exhibit C
Page 2
THENCE, along said curve having a radius of 285.34 feet, a
central angle of 34°21'54"(chord bears South 72°18'57" East,
173.34 feet) for an arc distance of 176.12 feet to a 5/8-inch
iron rod set for corner and the point of tangency of said curve;
THENCE, South 54°38'00" East, for a distance of 0.60 feet to a
5/8-inch iron rod set for the northeast corner of the herein
described tract;
THENCE, South for a distance of 247.00 feet to the POINT OF
BEGINNING, containing a calculated area of 1.655 acres (72,106
square feet).
Bearings are based on the record bearings shown in Volume 937,
Page 946 of the Brazoria County Deed Records.
May 17, 1996
Walsh Surveying, Inc.
2006 E. Broadway, Suite
Pearland, Texas 77588
(713) 485-3991
\LOS
105 Mtchael1D. Wilson, R.P.L.S.
Registration No. 4821
6-11`Uty
Exhibit C
Page 3
C-1
MARY'S CREEK
POINT OF COMMENCING
C-2
A = 90'00'00" A = 35'21'54"
R = 20.00' R = 285.34'
T = 20.00' T = 90.97'
L = 31.42' L 176.12'
CH.= 28.28' CH.= 173.34'
BRG.=N45'00'00" BRG.=S7218'57"E
Np .
sv o�� e AMR
PRO �1
o ORGN� , P PGE
SET 5/5" IR
FND 5/8" IR
SET 5/8" IR
0.99 ACRES
VOL. 971, PG. 171
B.C.D.R.
NORTH LINE OF ORIGINAL
80 ACER TRACT
C FND 5/8" IR
0
0
0
CO
N
EAST
64.36'
LOT 47
0\1o00s
• G�N�
Q
C& • PZO\ P SET 5/8" IR
BR 72,106 sq.ft.
1.655 acres
33.17
FND 3/4" IR
0
}
-
TRACT IV I g
2.020 acres o
VOL. 1666, PG. 587,‹
B.C.D.R.
2/k0
�0 S
P
��X S54 38'00"E
0.60
VOL. 956, PG. 601
B.C.D.R.
SET 5/8" IR
WEST 250.00'
B.C.D.R. = BRAZORIA COUNTY DEED RECORDS
B.C.M.R. = BRAZORIA COUNTY MAP RECORDS
• = FOUND 5/8" IRON ROD
O = SET 5/8" IRON ROD
d71 • r1
NOTE:
0
0
N
0
_w
L�.
Ocn
Og
� TRACT II
0.985 acres
VOL. 1666, PG. 587
B.C.D.R.
O
1 " WEST 279.60'
FND 5/8" IR
POINT OF BEGINNING
THE BEARINGS SHOWN HEREON ARE BASED ON
THE RECORD BEARINGS IN VOLUME 937, PAGE
946, B.C.D.R.
tieci;% S TO•64.0p
ii;, ,
MICHAEL D. WILSON 1?r'
AI 4821 _ea.-