Ord. 1130 09-29-03ORDINANCE NO. 1130
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. 1130
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
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TOM REID
MAYOR
SEP, 3. 20IJ3 2,31PM BRACEVELL & P,rt 'ER'ON
EXHIBIT
'3450
McLean Road
1.157 Acres
HerLinda V. Mendez
F.B. Drake Survey
Abstract No. 508
STATE OF TEXAS §
COUNTY OF BRAZORiA §
METES AND BOUNDS DESCRIPTION of a 1.157 acre tract in the F.B. Drake Survey, Abstract
508, Brazoria County, Texas. Said 1.157 acre tract is in the remainder o1 a 30.0 acre tract
described in a deed to Herlinda V. Mendez as recorded in Clerk's File Number 85194 897 of the
Brazoria County Deed Records and is further described by rnetes and bounds as follows
BEGINNING at a 5/8-inch iron rod with cap stamped Prejean Surveying found at the northwest
comer of Cabot Cove Subdivision, Section One as recorded in Volume 22, Page 111 of the
Brazoria County; Piat Records, said point being in the south line of said remainder of a 30.0 acre
tract and has a State Plane Coordinate (aurlace value, see Note 1) of N 13,754,913.,9, E
3,1 45,957.06;
THENCE, South 87°11'50" West, a!ong the south line of said remainder of a 30.0 acre tract for a
distance of 40.00 feet to a point for the original southwest comer of said tract, said point being in
McLean Road;
THENCE, North 02°35'346 West, along the west line of said remainder of a 30.0 acre tract for a
distance of 1,26011 feet to a point for the northwest corner of the herein described tract; said
point being in the projected south right-of-way line of Magnolia Road (variable width right-oeway
at this point);
THENCE, North 87°24'26" East, along the projected south right-of-way line of said Magnolia
Road for a distance of 40,00 feet to a 5/8-inch iron rod with cap stamped Wilson Survey Group
set at the northeast comer of the herein described tract;
MENCE, South 02°35'34" East, along a line located 40-feet east of and parallel to the east line
of said remainder of 30,0 acre tract for a distance of 1,259.96 feet to the POINT OF
BEGINNING, containing a computed area of 1.157 acres (50,401 square feet).
NOTE;
1. The coordinate and bearings shown hereon are based on the Texas State Plane Coordinate
System, South Central Zone (NAO 1983). To convert the surface coordinate to grid, multiply
by the factor of 0.'9987.
2. A separate survey plat has been prepared in connection with this survey.
The Wilson Survey Group; Inc.
2005 East Broadway, Suite 105
Pearland, Texas 77581
(281) 485-3991
Job No. 02-107
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