Ord. 1435 2010-10-11WHEREAS, the City Council recognizes that a public convenience and necessity
exists for the location, construction, operation, and maintenance of road, utility and
drainage 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 and an easement to certain property for the
construction of road, utility and drainage improvements on said property, now, therefore,
Section 1. The City Council hereby finds and determines that a public
convenience and necessity exists for the construction of road, utility and drainage
improvements on certain real property located in Brazoria and Harris Counties, Texas.
Section 21. The public convenience and necessity requires the acquisition of fee
title interest, by donation, purchase, condemnation, or otherwise, in certain real property
located within the City and situated in Brazoria and Harris Counties, more particularly
Section 3 . The public convenience and necessity requires the acquisition of an
located within the City and situated in Brazoria and Harris Counties, more particularly
described in Exhibits "C" and "D" attached hereto and incorporated herein for all purposes.
Section 4. 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
acquire the property interests, described, in Exhibits "A", "B", "C" and "U" any improvements
thereon, either by donation, purchase or the exercise of the power of eminent domain.
Section S. The City Council hereby declares that a public emergency exists for
the acquisition of said property as the construction of road, utility and drainage
improvements bears directly upon the health, safety, and welfare of the citizenry; therefore
a, W''Al
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Ordinance No. 1435
EXHIBIT
n
PARCEL s
MITES AND BOUNDS DE S(ItYMON
4.41823 ACRES OUT OF
T. L C MLM Y,,ASS AC£ NT 4 — 199 ANI) 290
PALANry, B AZryRIA, y COUMMS, TEW
All that certain 4.4823 acres out of T, J. Cirri Stat"+ya Abstract Numbers — 198 and 290,
1Pesarland, Brazo6ia ad Harris Cowttttic% To= and being out ofthat certain tract as described in a
deed.. dated 08-04 -1993 from John Alexander, lbadependeat Executor and TruAte, et at to Robert
L. Alexander -as filed in Volume 1725, Pape 120 Brazoria County I3e4d Records and being snore
pardoularly deco led by metes and bounds as followers (beuings based on Teas Coordarate
Systems of 1983, South Central. Zone);
Commencing at Harris County 1Flocdplaln Reference Mark No. 010145, being an aluminum rod,
having p011shed grid coordinates of 3,156,718.49') (Y.- 13,777,882.12:1); Thence
S 030 04" 13" 11 — 3,418,52' to a set 518" iron rod with up (stangied, C.L. DAVIS— S 4464)
marling tlae north corner of'that certain Traat 2 as descnbed in a deed dated 07 -17 -200'1 frora
Robert L. Alexander to City o0earland as filled in Official Records of Resat Property of Brazotia
County at Clerk's File Number 61- 032032 and marldrig the POINT OF E O of herein,
described tract;
1. Thence N 410 40'30"E with the southeast lima of that certain Parcel 4 as described its 4 deed
dated 02- 188 -2605 from R bext L. Alder to City ofPeadand as filed. in Offi'ialal Records
ofRoal Property ofl3mzor"aa County at Clerk."$ File Number 240- 018363 passing at 693.34'
a sat 51r iron rod with up (stamped C.L. DAVIS RPLS 4464) for reference emd a total
distance of 813.34' to a point for eomer lit the aenterlirae of Clear C" reek
2. Thence 1"T 32* 52' 25" W — 124.56 with the centerline of Char Creels to as paint for win=;
3. Thence N 411 40'03"r- 19.86y with the northwaat line of mid Robert L. Alexander It rot to
a set 518" iron rod Affi cap (stamped C'.L.DAV1S -WLS 4464) for comer and said paint
marling the common north corner of said Robert L. Alexander tract and the west ar 'of
Lot 6, Allison Ricbey 00 Coat Ham. Co; Fats; of Suburban Gardens, Section "C3",
according to the mrap thereof as filed in Volume 4, Page 48 Harris County Map itecorcls;
4. Thence N' 78° 57' 23 " E — 4:10.79' with the common north line of said. Robert L. Alexander
tract and the south lane of said Lot 6 to ar set 5d8" iron rind with cap (sumpied C.L. DAVM,
RPLS 4464) r -king'a point can a rum to the right baving arawdius of2,066.04' and a central
angle of 070 05' DV';
5, " nce with said curve and the proposed southeat d&-of-way Jbiu of airy Hose an arc.
distance of 254.69' and as chord beariing, and distance of 8,011 07' 59" W — 254.,53' to a set
5.181, irort rod with Bata (stamped CJ,. )DAW5 -RPLS 4464} marking the, point oftan acyP
6. Thenee S 410 40' 30" W — 1 "075,02' continuing with proposed southeast right -of -wary line
ofBarry Rose to a set 5!8" iron rod with cap (stamped C.L. DA RPL 4464) fur comer;
11- 121-10 Parcd $ 4.1823 aues Ma
7. Thence N 100 471 41" W — 11.521 to a set 518" irontod with cap (stamped C1, DAVIS-
MS 4464) for 4001-ner,
'rheace N 410 31, W E — 93.0$, with the southeast l4wof said Trad 2 to`& 9d 51r Ron rod
wM cap (staqnd C1. DAW'BPLS 4464) for carnet.
9. Thence N 48' 21' 21" W — 147.22'wi� h the noAcad Hoe of seld'Tract 2 to the POINT OF
. p�3GUqNWG =4 o)IUWu& 4,4823 acres (195,251 square tef) of land more or less.
illis metes and bounds description is &=Mpauied by a BcPaxatO Plat, dVWM8 Or CxWb4 Per
Texas Dowd of wofessiorW Laud Surveyor's "Gtwral Rules of Procedures and Pramcer
Section 66S. 19(9).
Compiled by:
C1, Davis & Coarany
Job Number, 11-42I-90 Parcel 5 4,4923 acres MRB-dw
U-42i-09 ftrcal B 0823 wis M30
Exhibit ''B"
Ordinance No, 1435
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3. Iliac" N 790 57" 23' E ® 35.53' With 11W solWxwesWdy line of Lot 6, AMSon-Rieboy Gulf
Coast Honic Company W of Submb8n (1ard= Section "G" acewling to the plat thereof
filed in, Volunao 4, Page 48 His County Map Re=ds to a point for comer mmung a point
on a cam to the right having a radius of 2,093.00' and a watral angle of 070 461 55"p-
4. Thence with Wd cor-m im are distawo of 293.19' and a chord bearlas mod distonoe of 8 370
47103" W — 292,9T to a point for corner,
S. TImce 8 41" 40'3(r W— 1,(YA,21to a point for comer,
C 7knee N 10" 47' 41" W — 31,52'to &o POINT OF BEG and contabaing 33,837
squm feet (,0.7769 yes) ofland ax m or less.
lUs motes; and bounds dmaiption is wcompatfied by a separate plat dramping at exhibit per
Texw Board of Professioaal lAnx! Survoyor's 'Tkami Rules of Pfo,:cdums arid practices"
Section 66119(9).
compiled by.
CL Davis & Compny
Job Numbw: 11-421-109 Paroel 51 Sermat M&B.doc-03-15-07
11-421-109 PWA 5 CQAww* M&S*c
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Ski
Exhibit ''D"
Ordinance No. 1435
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