Ord. 1146 01-12-04ORDINANCE NO. 1146
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. 1146
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 12th day of
January , A. D., 2004.
ATTEST:
UNG; ,T
Y SE ' ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
EXHIBIT
City of Pearland
Cullen Blvd. Extension Project
Parcel 5
1.030 acre tract
STATE OF TEXAS
COUNTY OF BRAZORIA §
1
,•Ar.
H. T. & B. R. R. CO. Survey
Abstract-309
METES AND BOUNDS DESCRIPTION of a 1.030 acre tract in the H.T. & B.R.R. CO. Survey,
Abstract 309, Brazoria County, Texas. Said 1.030 acre tract is in Lot 28 of the Allison -Richey
Gulf Coast Home Company's Part of Suburban Gardens Subdivision as recorded in Volume 2,
Page 23 of the Brazoria County Map Records and is further described as being part of a 9.5144
acre tract of land described in a deed conveyed from Prudential Residential Services, Limited
Partnership to Wilfred Fretty executed on October 6, 1995 as recorded in Clerk's File No. 95-
033970 in the Brazoria County Clerk's Office and is more particularly described by metes and
bounds as follows:
COMMENCING at a 1-inch iron pipe found for the southwest comer of said 9.5144 acre tract,
same being the northwest comer of a 9.9963 acre tract described in a deed conveyed from H.
Lawrence Gardner, Jr., et al, to Randall Alan Nemitz and wife, Barbara Jane Nemitz executed
on January 15, 1992 as recorded in Clerk's File No. 92992 507 in the Brazoria County Clerk's
Office and is the common comer of Lots 28 and 29 of said Allison -Richey Gulf Coast Home
Company's Part of Suburban Gardens Subdivision, said point is in the east line of Lot 24 of said
Subdivision;
THENCE, North 87°23'32" East, along the south line of said 9.5144 acre tract, same being the
common lot line between said Lots 28 and 29, for a distance of 108.60 feet to a 5/8-inch iron rod
set for the POINT OF BEGINNING and southwest comer of the herein described tract, having a
Texas State Plane grid coordinate of N 13,767,867.23, E 3,128,700.32, said point is in the
proposed westerly right-of-way of the extension of Cullen Road and is in a curve to the right;
THENCE, along said proposed right-of-way and with said curve to the right having a radius of
2050.00 feet, a central angle of 07°07'13", (chord bears North 22°58'23" West, 254.60 feet), for
an arc distance of 254.76 feet to a 5/8-inch iron rod set in the east line of a 40-foot wide road
easement as dedicated by the aforementioned Allison -Richey Gulf Coast Home Company's Part
of Suburban Gardens Subdivision;
THENCE, North 02°36'28" West, along the east line of said 40-foot wide road easement for a
distance of 290.92 feet to a 5/8-inch iron rod set for the northwest comer of the herein described
tract, said point is in the north line of the aforementioned 9.5144 acre tract, same being the
common line between Lots 27 and 28 of said Allison -Richey Gulf Coast Home Company's Part
of Suburban Gardens Subdivision and is in the south line of a tract of land described in a deed
conveyed from Rafael R. Viada and wife, Agnes M. Viada to Raymond Louis Viada executed on
June 20, 1986 as recorded in Clerk's File No. 86293 646 at the Brazoria County Clerk's Office;
THENCE, North 87°23'32" East, along the north line of said 9.5144 acre tract, same being said
common lot line, for a distance of 35.94 feet to a 5/8-inch iron rod set in the easterly right-of-way
of the proposed extension of Cullen Road, said point beingthe northeast comer of the herein
described tract and is in a curve to the left;
THENCE, along said easterly right-of-way line and with said curve to the left having a radius of
1950.00 feet, a central angle of 16°20'OO", (chord bears South 19°40'38" East, 554.00 feet), for
an arc distance of 555.88 feet to a 5/8-inch iron rod set for the southeast comer of the herein
described tract, said point is in the south line of said 9.5144 acre tract, same being the south
line of said Lot 28 and the north line of the aforementioned 9.9963 acre tract;
THENCE, South 87°23'32" West, along the south line of said 9.5144 acre tract for a distance of
109.96 feet to POINT OF BEGINNING, containing a computed area of 1.030 acres (44,863
square feet).
NOTE:
1. Bearings shown hereon are based on the City of Pearland Horizontal Control
Monumentation. Texas State Plane Coordinate System, South Central Zone (NAD83).
2. The coordinate shown hereon is based on the City of Pearland G.P.S. Monument no. 7. Grid
coordinates = N 13769335.62, E 3138911.25, Texas State Plane Coordinate System, South
Central Zone (NAD83). Scale factor = .999870017.
3. A separate survey plat has been prepared in connection with this metes and bounds
description.
The Wilson Survey Group, Inc.
2006 E. Broadway, Suite105
Pearland, Texas 77588
(281) 485-3991
Job No: 02-125
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Michael D. Wilson, R.P.L.S.
Registration No. 4821
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