Ord. 1129 09-29-03ORDINANCE NO. 1129
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 AND
UTILITY 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 and utility
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 and utility 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 and utility 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 Exhibit "A",
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. 1129
acquire 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
the acquisition of said property as the construction of road and utility 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 29th day of
September , A. D., 2003.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
EXHIBIT
PARCEL 7
METES AND BOUNDS DESCRIPTION
2,103 SQUARE FEET OUT OF LOT 33
FIGLAND ORCHARD SUBDIVISION NO. 1
PEARLAND, BRAZORIA COUNTY, TEXAS
a
1
All that certain 2,103 square feet being a proposed road widening out of Lot 33 Figland
Orchard Subdivision No. 1 according to the plat thereof as filed in Volume 3, Page 77
Brazoria County Plat Records and being out of that certain tract as described in a deed dated
06-12-1996 from Clyde L. Williams, et ux to Brian Louis Williams, et al as filed in Official
Records of Real Property of Brazoria County at Clerk's File Number 96-020975 and being
more particularly described by metes and bounds as follows; (Bearings based on the Texas
State Plane Coordinate System, South Central Zone [NAD 831);
Beginning at a found 5/8" iron rod marking the intersection of the south right-of-way line of
Fite Road (right-of-way varies) and the east right-of-way line of Wagon Trail (right-of-way
varies) as established by said Williams tract;
1. Thence N 87° 16' 53" E — 179.67' with the monumented south right-of-way line of said
Fite Road to a set 5/8" iron rod with cap (Stamped C. L. Davis, R.P.L.S. 4464) for corner;
2. Thence S 02° 38' 10" E — 8.76' with the west line of that certain tract as described in a
sheriffs deed dated 05-31-2002 to Brazos River Harbor Navigation District, et al as filed in
Official Records of Real Property .of Brazoria County at Clerk's File Number 02-029606 to a
set 5/8" iron rod with cap (Stamped C. L. Davis, R.P.L.S. 4464) for corner;
3. Thence S 87° 21' 50" W— 176.66' with the extension of the south right-of-way line of said
Fite Road as established by amended plat West Oaks, Section 3, Phase A as fled in
Volume 19, Page 771-772 Brazoria County Plat Records to a set 5/8" iron rod with cap
(Stamped C. L. Davis, R.P.L.S. 4464) for corner;
4. Thence S 02° 45' 03" E — 173.98' with the proposed east right-of-way line of Wagon Trail
to a point for corner;
5. Thence S 87° 21' 50" W — 3.35' with the south line of said Williams tract to a set 5/8"
iron rod with cap (Stamped C. L. Davis, R.P.L.S. 4464) for corner;
6. Thence N 02° 38' 10" W — 182.48' with the east right-of-way line of said Wagon Trail as
established by said Williams tract to the POINT OF BEGINNING and containing 2,103
square 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 Practices"
Section 663.19(9).
Compiled by:
C.L. Davis & Company
Job Number: 11-421-60 Fite Parcel 7 M&B.doc
9/19/2002
11-421-60 Fite Parcel 7 M&B.doc
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LOT 6 8
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SET 5/8" ER
W6TH CAP
LINE
DISTANCE
BEARING
L1
179.67'
N 87-16'53" E
L2
8.76'
S 02'38' 10' E
L3
176.66'
S 8T21'50" W
L4
173.98'
S 0745'03" E
L5
3.35'
S 87'21'50* W
L6
182.48'
N 02'38'10' W
LOT 34
Et TENSION OF
MMUSER ED NORTH
VW LNNE OF FIE
FROM THE WEST
SAY9EY MIN GUAR' CORLEY, ET AL
To
our J. NI{ ET 11A'
(VOL 1260. PC. 966 amo
09-12-1975
_ 3' RQNK 815EMEM Or 34)
(VDT. 745, 11G 494, 6cp,7)J/////ARAWAOl TO f 00301ED
n p I RnK LINE
19 'P7 998A L6"1TlETiL16L Ia., pc um)
PROPOROSED R.O.W_ l3 CONCRETE
SET' 5/8" !R
WITH CRAP
faro O11/Y
orfENA0R/NWOF ME
UNE
SOUTH
ROAD AS
ESTABLISHED BY - .00
AMENDED PLAT CALLED LOT 33
WEST OAKS. SECTION CLYOE L WILLL4U5, ET UK
3, PHASE A (VOL. TO
nN ` 19, PC. 771-772 BRIAN LOLIS W11(914 E( AL
li.C.PR) (96-020975 BCOR)
MP HUM 06-12-1996
ALSO SEE
a
UNABLE TO SET
£ TO SERWCE POLE
> • AUN
II1E1.1e1 WM=
1 oaAr
HERBERT O. JOHNSOAL SR.
TO
CLYDE L WILLIAMS, ET UX
(VOL 1424, PG. 742 BCOR)
10-18-1978
ALSO SEE
C NIST1A WTLL)AMS ETAL
7o T� O T 39
CLYOE L $6LMUS E7UX,ETAL'
8
SET 5/8" IR
WI1I1 GIP
1
PARCEL-7
PROPOSED ROAD WIDENING
2,103 SQ. FT
NOTES:
1. THE SURVEYOR HAS NOT ABSTRACTED THE SUBJECT
PROPERTY BUT HAS RELIED ON LAUGHER LAND TITLE
SERVICES TO PROVIDE DEED COPIES OF THE SUBJECT
PROPERTY AND AOJOINERS.
2. THE BASS OF BEARINGS SHOWN IS REFERENCED TO THE
TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE (NM) 83).
3. THE BUILDINGS OR IMPROVEMENTS SHOWN HEREON
REPRESENT THE OUTLINE AT GROUND SURFACE LEVEL,
UNLESS OTHERWISE NOTED.
4. THE UTILITY APPURTENANCES ( i.e.. utility 110164 inteth. etc.)
SHOWN HEREON ARE THOSE VISIBLE AT ME TIME OF
SURVEY AND MAY NOT BE COMPLETE.
5. TRACT SHOWN HEREON SUBJECT TO CITY OF PEARLAND
BUILDING ORDNANCE
6. uNDETRGROL9RD URUH6s SHOWN DASED ON CDY of
PEARLAND DRAWINGS h UTILITY COMPANY BLOCK MAPS, WITH
FIELD TIES 70 EXISIMG SURFACE FIXTURES. CONTRACTOR
I5 RESPONSIBLE FOR VERIFICATION OF UNDERGROUND
UTILTIES.
7. THIS SURVEY PLAT 5 ACCOMPANIEO BY A SEPARATE METES
AND BOUNDS DESCRIPTION PER TEXAS BOARD OF
PROFESSIONAL LAND SURVEYOR'S "GENERAL RULES OF
PROCEDURES ANO PRACTICES" SECTION 663.10(9).
8. CAPPED ROOS STAMPED C.L DAVIS. R.P.LS. N0. 4464
00-044683 BOOR
10-09-2000
NORM 2 ACRES EDT 35
6687 ANN 1166O
ID
J066
(91-356r90 HCOR)
A9-If-EE
ALSO SEE
P.T. KUMEN15111. ET tA'
S 7»
DYEET 1A
(VOL. RAIZ PO 235 BCON)
10-05-1867
• SNE%1T5 DEED
,.S BRAZOS MVER 11#19900.7
• INVVAIEOIV 0616105 rut
02-029606 *15
05-31-2002
ALSO SEE
WOW S MA911EEZ ET 1.81
7U
ANDREW L NELSON
(NIL 925. PO 104 ECM)
11-01-1965
FIGLAND ORCHARD SUBDIVISION No. L
(VOL. 3, PG. 77 B.C.P.R.)
4464
DATE C.L DAVIS R.P_LS. No.
1 HEREBY CERTIFY THAT TH5 SURVEY WAS
MADE ON THE GROUND ON 09-14-2002
AND THAT THIS DRAWING SUBSTANTIALLY
COMPLIES MIS THE CURRENT TEXAS
SOCIETY OF PROFESSIONAL SURVEYORS
STANDARDS AND SPECIFICATIONS FOR A
CATEGORY 2, CONDITION 1 SURVEY.
THIS CERIIFICAIION 5 REVOKED AND THE
SURVEY NULL AND VOID IF THIS DOCUMENT
5 ALTERED IN ANY MANNER. 0R DOES NOT
BEAR AN ORIGINAL SEAL AND SIGNATURE OF
THE SURVEYOR.
C.L. DAVIS & CO. 1503 0NDMG WAY
FRENOSN001). TEXAS 77546
LAND SURVEYING 261-482-9490
ROUTE SURVEY
2,103 SQUARE hkk! OUT OF
LOT 33
FIGLAND ORCHARD SUBDIVISION No.1
(VOL. 3, PG. 77 B.C.P.R.)
PEARLAND, I BRAZORIA COUNTY, TEXAS
tio
DATE
DWG
08-18-2002 SCALE: 1" 60' fJOB NO.: 11-421-60
421-60-FIE-PARCELS PARCEL 7