Ord. 1143 01-12-04ORDINANCE NO. 1143
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. 1143
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:
APPROVED AS TO FORM:
- Ode_
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
EXHIBIT
City of Pearland
Cullen Blvd. Extension Project
Parcel 6
0.173 acre tract
A
H. T. & B. R. R. CO. Survey
Abstract-309
STATE OF TEXAS §
COUNTY OF BRAZORIA §
METES AND BOUNDS DESCRIPTION of a 0.173 acre tract in the H.T. & B.R.R. CO. Survey,
Abstract 309, Brazoria County, Texas. Said 0.173 acre tract is in Lot 27 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 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 and is more particularly described by metes and bounds as
follows:
COMMENCING at the common north comer of Lot 27 and Lot 22 of said Allison -Richey Gulf
Coast Home Company's Part of Suburban Gardens Subdivision;
THENCE, South 02°36'28" East, along the common lot line between said Lot 27 and Lot 22 for
a distance of 114.28 feet to a point in the south line of Broadway Street (a.k.a. F.M. 518,
variable width right-of-way), said point being the northwest comer of said Raymond Louis Viada
Tract;
THENCE, North 87°22'03" East, along the south line of said Broadway Street, at a distance of
2.33 pass a 5/8-inch iron rod and continue for a total distance of 20.00 feet to a 5/8-inch iron rod
set for the POINT OF BEGINNING and northwest of the herein described tract, said point is in
the east line of a 40-foot wide roadway easement as shown on the plat of said Allison -Richey
Gulf Coast home Company's Part of Suburban Gardens Subdivision and has a Texas State
Plane grid coordinate of N 13,768,807.02, E 3,128,568.84;
THENCE, North 87°22'03" East, continuing along the south line of said Broadway Street, same
being the north line of said Raymond Louis Viada Tract, for a distance of 12.43 feet to a 5/8-inch
iron rod set for the northeast comer of the herein described tract, said point is in the proposed
easterly right-of-way of the extension of Cullen Road;
THENCE, South 02°37'02" East, along proposed easterly right-of-way line for a distance of
113.87 feet to a 5/8-inch iron rod set for the point of curvature of a curve to the left;
THENCE, continuing along said proposed right-of-way and with said curve to the left having a
radius of 1950.00 feet, a central angle of 08°53'36", (chord bears South 07°03'50" East, 302.37
feet), for an arc distance of 302.68 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 Raymond Louis Viada Tract, same
being in the south line of the aforementioned Lot 27 and the north line 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;
THENCE, South 87°23'32" West, along the south line of said Raymond Louis Viada Tract, same
being the south line of said Lot 27 and the north line of said.9.5144 acre tract, for a distance of
35.94 feet to a 5/8-inch iron rod set in the east line of the aforementioned 40-foot wide roadway
easement;
THENCE, North 02°36'28" West, along the east line of said 40-foot wide roadway easement for
a distance of 415.33 feet to the POINT OF BEGINNING, containing a computed area of 0.173 of
an acre (7,528 square feet).
NOTE:
1. Bearings shown hereon are based on the City of Pearland 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
(ttotcn
L
Michael D. Wilson, R.P.L.S.
Registration No. 4821
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