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Ord. 1144 01-12-04ORDINANCE NO. 1144 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. 1144 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 SEETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 TOM REID MAYOR EXHIBIT City of Pearland Cullen Blvd. Extension Project Parcel 3 1.572 acre tract STATE OF TEXAS § COUNTY OF BRAZORIA § H. T. & B. R. R. CO. Survey Abstract-309 METES AND BOUNDS DESCRIPTION of a 1.572 acre tract in the H.T. & B.R.R. CO. Survey, Abstract 309, Brazoria County, Texas. Said 1.572 acre tract is in Lot 30 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 9.80 acre tract of land described in a deed conveyed from Realty Alliance of Texas, Ltd., a Texas Limited Partnership to E. R. Milstead executed on February 21, 1989 as recorded in Clerk's File No. 89562 745 in the Brazoria County Clerk's Office and is more particularly described by metes and bounds as follows: COMMENCING at a 3/8-inch iron rod found in the north line of said Lot 30 for the northeast comer of said E. R. Milstead Tract, same being the southeast 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 of the Brazoria County Clerk's Office and is in the west right-of-way line of Oid Chocolate Bayou Road, (a.k.a. County Road 89, variable width right-of-way); THENCE, South 02°36'28" East, along the west line of said Old Chocolate Bayou Road for a distance of 44.45 feet to a 5/8-inch iron rod set for the POINT OF BEGINNING of the herein described tract, said point has a Texas State Plane grid coordinate of N 13,769,114.70, E 3,129,816.06; THENCE, South 02°36'28" East, continuing along the west line of said Old Chocolate Bayou Road for a distance of 101.28 feet to a 5/8-inch iron rod set for an easterly comer of the herein described tract; THENCE, South 61°10'44" West, along the proposed right-of-way for a distance of 106.85 feet to a 5/8-inch iron rod set for a cut -back comer; THENCE, South 16°35'54" West, along said proposed cut -back line for a distance of 43.05 feet to a 5/8-inch iron rod set in the proposed westerly right-of-way of the extension of Cullen Boulevard, said point being in a curve to the right; THENCE, along said proposed westerly right-of-way and with said curve to the right having a radius of 2050.00 feet, a central angle of 08°41'42", (chord bears South 22°47'24" East, 310.81 feet), for an arc distance of 311.10 feet to a 5/8-inch iron rod set in the south line of the aforementioned 9.80 acre tract, said line being the north line of a tract of land described in a deed from Garfield Clark Jr. to Danny L. Blumrick executed on March 10, 1999 as recorded in Clerk's File No. 99 012327 at the Brazoria County Clerk's Office, said point is the southeast comer of the herein described tract; THENCE, South 87°23'32" West, along the south line of said 9.80 acre tract for a distance of 104.16 feet to a 5/8-inch iron set in the proposed westerly right-of-way of the extension of Cullen Boulevard, said point is in a curve to the left and is the southwest comer of the herein described tract; THENCE, along said proposed right-of-way and with said curve to the left having a radius of 1950.00 feet, a central angle of 17°07'35", (chord bears North 27°50'27" West, 580.71 feet), for an arc distance of 582.88 feet to a 5/8-inch iron rod set in the north line of the aforementioned Lot 30, same being the north line of the aforementioned E. R. Milstead Tract, and the south line of the aforementioned 9.9963 acre tract and is the northwest comer of the herein described tract; THENCE, North 87°23'32" East, along the north line of said Lot 30, same being the north line of said E. R. Milstead Tract and the south line of said 9.9963 acre tract for a distance of 119.05 feet to a 5/8-inch iron rod set in the proposed easterly right-of-way of the extension of Cullen Boulevard, said point is in a curve to the right and is the most northerly northeast comer of the herein described tract; THENCE, along said curve to the right having a radius of 2050.00 feet, a central angle of 04°02'09", (chord bears South 32°32'06" East, 144.37 feet), for an arc distance of 144.40 feet to a 5/8-inch iron rod set for a cut -back comer; THENCE, South 73°49'15" East, along said cut -back line for a distance of 43.39 feet to a 5/8- inch iron rod set for comer in a proposed right-of-way; THENCE, North 61°10'44" East, along said proposed right-of-way line for a distance of 102.35 feet to a 5/8-inch iron rod set for a cut -back comer, THENCE, North 29°05'59" East, along said proposed cut -back line for a distance of 58.11 feet to the POINT OF BEGINNING containing a computed area of 1.572 acres (68,479 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 ,� ivlat.K4EL j. \'r;_SON Vr4 4821 y f'S1 etea stvaGw.,--eau5*...:,se-Svnl rtv:y:i'v-ts:.v • ./ Michael D. Wilson, R.P.L.S. Registration No. 4821 ©s/Z 40 3 SCALE: 1 "=60 w J 461 zzzz §§§! “, p g i !'- d ; iniggiffiEw0%g ,IX dmmm��a,d�� -4 - g N 5 w � z �- cc5wno wz 2 In W <z�N w N m UczrnW <0 CO i-Z°1 tal • . N •<m Q ) 0 N. Odwm 0_w d•(nwL mQO°0QM�M .'ao it •IN' • �Wm_. . pW QV7_PO w _,, ..ii.m 0V)- z_¢wN=Zm Z� On O) 0c * < TWI.i `" _ <�n n�� p „ N N 11 N ,1-<w o�p SO a.-N Cm z XIS LL (� d:0 r. .. < x Q�'-1 OZ. -") J z zoo (7,07 vwin•ZZwncO1i 0Lit ' d COW zw r0 z z < Q W � 3 0 <b w y < < O Z Z Z W 0,1 a � � U w < O W man W Q < N 0(I3st Ln Wcom 0 <w -J w 03 N 01 ati w zp cc He?. 511' w $a w 1.1 CO . N N� M N0 N aN <U 0< Zu0 0 ap cc G z 0 A pt- . wS oa J .51 N 66 5r a / :14, - 02 b x i i. 4/,,-, c •w < v' 7/ 00 qm0 II: (/) Irk Of b* _w i..MI • 14: 6 104.1 ' N w E cc <N N q N 0_ 6 N EAST LINE OF LOT WF c y 1