R2010-162 - 2010-12-13RESOLUTION NO. R2010 -162
A RESOLUTION 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 ROADAND
BRIDGE 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.
WHEREAS, the City Council recognizes that a public convenience and necessity
exists for the location, construction, operation, and maintenance of road and bridge
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 bridge improvements on said property; now, therefore,
BE IT RESOLVED 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 bridge 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 Exhibits "A"
and "B" 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
acquire the property, described in Exhibits "A" and "B" and any improvements thereon,
either by donation, purchase or the exercise of the power of eminent domain.
RESOLUTION NO. R2010 -162
PASSED, APPROVED and ADOPTED this the 13 day of December, A. D., 2010.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
vA AY&I
2
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Exhibit "A''
Resolution No. R2010 -162
City of Pearland -41- July 25, 2010
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PARL'Pd 2— HATFmLD ROAD
METES AND BOUNDS DESCRIPTION
02505 ACRE OUT DF LOT 23
ALLiBON [t MY GULF COAST ROM COWANY
SUBDMS[ON OF SECTION 6
R. B. LYLP SnWY, ABSTRACT 544
PRARLAND. BRAZORIA COUNTY, TEXAS
AR that cerlaite 01505 acre out of Lot 23, Allison Rkhey Gulf Coast Earn, Comp4uy SubdivW00 of
Sactioa 6 according to the plot thereof as filed in Volume 136, paaea 5011-501 Brafnrla County Desd
Rcccnis, R.B. Lyle Survey, Alrstmat 544. Pmemd, Brazmia County. Tmtm and belug auk or that certain
Wei as described in s deed dated 11 -26 -2001 Svm Bill G Nniee, el ua. to 8unlake Limited nn. Mel in
the Official R.e %,J, of Real Pwparty of Efawria Couaty d Clark's File Number W—D57532 and bang
more particularly described by metes and bounds as faeows (bccrings based on tbn Tazaa Coordinate
System of 1983, South Central 2aaa);
Commoucing fit }Tanis Co" Floodplain Rdrranua Mask Ntouber 010135 being a metal rod stamped
"FIGCSD 76 NOV Laving published grid coordinetes of (N- 13,765,213.04, E: 3,150.843.79), Thenca
N 40 26' 39" W 13,937.83' tc the POINT OF DE40INN040 of herein described tract, said point ales
marking tbn oammon aurthusat corner of iLat coriaia Inset ae deacribed in o dead dated 07- 07.1989 from
Bill Rabies, M.D, at m. W B211 Notes as filed is Volume (39)692, Pogo 180 Brasartn County OYTcial
Rtcarda and the southeast aomar of said 5unialm Liml(ed track
1. Thence S 87° 00' 05" W passing at 20.110' the existing Meat righl -0f- -way line of Hatfield Road and
continuing for a total dimnoo of 62,66' W apoint far earner;
2. Than N 03° 03' IS" W pas3iog at 40.00' a act 54" hue rod with top (atnuiped C, L Det6s,
4464) forrafareaae point and eentaming Car a total disLmra of 117.11' to a set 518" iron rod
wish cap (stamped C.1, Davl3. X.P.L.S. 44 64) for comer,
3. ThoncoN 136 545' 45 "8- 17.64' to a out S18" iron rod with cap (stamped C, L. D Wis- R,P.L.S. 4464)
for carne,
4. Thermo N 03 03' 15" W 81.29' W a sot 5f8" Iran rod wIt11 cap (,,tamped C. I- Davis R.P,L.S.
4464) for corms;
5. TisenwN 86 56' 45" B passing &12521' o act5/6°' Iran red with cap (stamped C, L. Davis. R.?.L.S.
4464) for rnferenea point marking tba Oceupiad and monumeot44 west dght-of- -way Ilse of Hadiaid
Road and coo0nuting for a total d#almnm of 44.16' to a point far comer,
6. Thence 5 03° 131 09" B 1011 AW wide the east [Ina of avid Lot 23 to 11to POINT OF BEGINNING
nod containing 0.2505 acre ()0,914 square feat) of lead warn or less. Contained wyhin the nbcvd
described 02505 acre (10,914 aquae fmo. 0,0887 acre (3,865 aquot feet) wiWin the Mauling
dialit -of- -way of Fiatfrald Road,
This mdtea and bounds description. is accompanied by a Wwrtte plat, drawing or ralbibit per T'axen Board
ofPrtrfesaiaaal Lend Sarvcyar's "Odaaa! Rules of Promdum and 'Section 663.19(9).
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Exhibit "B"
Resolution No. R2010 -162
City of Pearland -42- July 25, 2010
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