Ord. 1154 02-09-04ORDINANCE NO. 1154
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. 1154
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 9th day of
February , A. D., 2004.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
1
t
City of Pearland
.101
EXHIBIT
January 12, 2004
City of Peartand H. T. & B. R. R. CO. Survey
Cullen Blvd. Extension Project Abstract-309
Parcel 9
0.010 acre tract
STATE OF TEXAS §
COUNTY OF BRA7ARIA §
METES AND BOUNDS DESCRIPTION of a 0.010 acre tract In the H,T. & B.R,R. CO. Survey,
Abstract 309, Brazoita County, Texas. Said 0.010 acre tract ie In Restricted Reserve 'A' of the
Yillagaa of Edgewater Estates, Section 5, Phase 1 as recorded in Volume 21, Pages 21-22 of
the Brazoria County Plat Records and is more particularly desk 9d by metes and bounds as
follows:
BEGINNING at a 518-inch iron rod set for the point of intersection of the west right-of-way line of
Old Chocolate Bayou Road, (a.k.a. County Road 89, variable width right-of-way), with the south
right-of-way Tine of Fits Road, (a.k.a. County Road 91 variable width right►ofivay), said Paint
being eta northeast comer of said Restricted Reserve "A' of the Villages of Edgewater Estates,
Section 5, Phase 1 and the northeast comer of the herein described tract, having a Texas State
Plana grid coordinate of N 13,788,047.20, E 3,128,839.05 (South Central Zone, NAD83);
THENCE, 80uth 02'38'28' East, along the west fine of said Oid Chocolate Bayou Road, same
betrtg the east lire of said Restricted Reserve 'A" for a distance of 30.00 foot to a 5/8-inch iron
rod set for a cut -bade comer, said point being the south comer of the herein described fraot;
THENCE, North 47,7'29" Weal, along the proposed a t-back line for a distance of 42.41 feet to
a 5/8-Inch Iran rod set for a art -back comer, said point being M the south line of the
aforementioned Fite Road and north line of said Restrkad Reserve 'A' end is the northwest
comer of the herein described tract of land;
THENCE, North 87'2110' Est, along the south line of said Rte Road, same being the north
line of said Restricted Reserve "A' for a distance of 30.00 feet to the POINT OF BEGINNING
containing a computed area of 0.010 of an acre (450 square feet).
NOTE:
1. Bearings shown hereon are based on the City of Peariand Monumentation. Texas State
Plane Coordinate System, South Central Zone (NAD83).
2. The coordinate shown hereon is based on the City of Peanand G.P.S. Monument no. 7. Grid
coordinates = N 13789335.82, E 3138911.25, Texas State Plane Coordinate System, South
Central Zone (NA083). Scale factor = .999870017.
3. A separate survey plat has been prepared In connection with this metes and bounds
description.
The Wilson Survey Group, Inc.
2008 E Broadway, Sutte105
Pentland, Texas 77588
(281) 485-3991
Job No: 02-125
Michael D. Wilson, R.P.I_S.
Registration No. 4821
D to f i�/03
Integra Realty Resources - Houston
a
a
r
City of Pearland
-20-
January 12, 2004
Integra Realty Resources - Houston