R2011-013 - 2011-01-24RESOLUTION NO. R2011 -13
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 ROAD,
DRAINAGE 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,
WHEREAS, the City Council recognizes that a public convenience and necessity
exists for the location, construction, operation, and maintenance of road, drainage 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, drainage and utility 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, drainage 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 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. R2011 -13
PASSED, APPROVED and ADOPTED this the 24 day of January, A. D., 2411.
T�";p
TOM REID
MAYOR
ATTEST:
i I r �r
APPROVED AS TO FORM:
8 aj :4 1 11
CITY ATTORNEY
2
Exhibit "A"
Resolution No. R2011 -13
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PARCFL 49
yLETES AND BOUNDS DESCRIPTION
11,10 L SQUARE FEET OUT OF J,OT 41
ALLISON R1CREY GULF COAST
HOME COMPANY SU13 DIWSON OF SECTION 2a
H. T. B, KR. COMPANY SUR.VEY, ABSTRACT 245
BRAZORIA CDLf1VTY, TEXAS
All that ccrmtn 11, 101 squaw feet Out of Lot 4 1. Allison Richey Gulf Ceast Horne Company Subdivision
of Section 25 according to the plat thereof as filed in Volume 2, Page lit Brawria County Flat Records,
K T. B. RJL Company Survey', A.bstrwt 245, Bsazoria County, Togas and being out 0.6 that certain
tract as described in a deed dated 07-10-2002 from Robcra L. Mann to Boverly J, Mann as filed in the
Official %cards OF Real Property of Srazoria County at Clerk's File Number 02- 434991 and being rudre
pargicutarly described by metes and bouads as follows (bearings based on the Texas Coordinate System of
19 83, South Central Zone);
Commencing at a point marking the interstdtion of the occupied and mouumented south right -iaf ,way line
of Bailev Road (County Rand 101) and th.a east right- o�tvay liva of Berry Ftaad (r unty )toad 8790),
1rom which a fowxd 112" iron rod bears N 09° 24' 15 W 0.35' for referenco; Thence H 87" 16'37"E
640,6V with the occupied and monumented south right -of -way line of Bailey Road County Road 10 1) to
the POMT OF BECMING. of her6n described tract; from which a found 518" iron rod bears
S 02 39' 49" E 0.37' for reference;
i
L, Thence N 02' 39' 49"W 25.00' wi6 the east liae of that certain tract as described in a deed dated
10 -28 1988 from Arthur J. Larrivee to Irene r. Larrivee as tiled in Volume (&8)610, .Page 462,
Drawria County Official Records to a point for corner;
2. TTheaw N 87" 20' 11" E 220M' With the north luxe of said Beverly y. Maw tract to a point for
corner;
3. Thence 3 02 1 39'49" E 24.77' f0th the wtst line of that certain bast arc described in a dead dated
03 -3,1 -1989 from liaxhtcon O'Connell Scott to )otw wzwr Mickey Frazier as filed in volume
(89)663, Page 307, Sntwlia County Official Records to a point located on the oecupied and
maw;mented south right-of-My line of Dailey Road (County Road 101);
4.. Thetzce S 02'3 E 25.68' continuing Mtlt the west line ofsaid John. Fmzidr Mickey Frazier
tract toa. set 5" i o a rod with cap (stamped C.L. DAVIS -RPLS 4464) forcomer,
5, Thence S 87" 19' 57 "'W 220.00' with the Proposed south right-of-way lime of Dailey Rua d (County
Road IDI) to aset 518" iron rod with cap (SMrtimped C.L. DAVTS -VLS 4464) for corner;
6, Thence N 02" 39" 49P w 25.46' with the east line of'said Irene J. Lanjt ee t'cact to the POLN" I' OF
BEGFN"G and cortmini6g 11,191 sgtwe Feet (01338 acm) of land mare or less. ContainM within
the above described 1 [,101 square feet (D.2548 acre), 5,+475 square feet (0.1257 acre) is vvt,h n the
tnonumeated and occupW right of-way of Bailey Road.
This metes and bounds descripilon is accompanied by a separate plat drawing or exhibit per Te.Nn
Board of Professioanl Und Surveyor% "G;,ncral Rules of Procedures and Pramiceg" Sectioa
663.19(9),
Exhibit IIBII
Resolution No. R2011 -13
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