Ord. 1150 01-26-04ORDINANCE NO. 1150
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. 1150
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 26th day of
January , A. D., 2004.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
EXHIBIT
City of Peariand
Cullen Blvd. Extension Project
Parcel 1
0.075 acre tract
STATE OF TEXAS
COUNTY OF BRAZORIA §
A
H. T. & B. R. R. CO. Survey
Abstract-309
METES AND BOUNDS DESCRIPTION of a 0.075 acre tract in the H.T. & B.R.R. CO. Survey,
Abstract 309, Brazoria County, Texas. Said 0.075 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 tract of
land described in a deed conveyed from J. G. Clark to Lonnie and Earlene Tumer executed on
September 17, 1976 as recorded in Volume 1314, Page 12 in the Brazoria County Deed
Records. Said 0.075 acre tract is more particularly described by metes and bounds as follows:
BEGINNING at a 5/8-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 north
right-of-way line of Fite Road, (a.k.a. County Road 91 variable width right-of-way), said point
being the southeast comer of said Lonnie and Earlene Tumer tract of land and the southeast
comer of the herein described tract, having a Texas State Plane grid coordinate of N
13,766,335.25, E 3,129,454.32 (South Central Zone, NAD83);
THENCE, South 87°23'32" West, along the north line of said Fite Road for a distance of 55.64
feet to a 5/8-inch iron rod set for the westerly comer of a cut -back comer of the proposed
westerly right-of-way of the extension of Cullen Road, said point being the southwest comer of
the herein described tract;
THENCE, North 41°36'41" East, along said cut -back comer for a distance of 41.62 feet to a 5/8-
inch iron rod set in the proposed westerly right-of-way line of the extension of Cullen Road, said
point being in a curve to the left;
THENCE, continuing along said proposed right-of-way, with said curve to the left having a
radius of 1950.00 feet, a central angle of 02°07'28", (chord bears North 05°59'51" West, 72.30
feet), for an arc distance of 72.30 feet to a 5/8-inch iron rod set in the north line of the
aforementioned Lonnie and Earlene Tumer Tract, same being the south line of a tract of land
described in a deed conveyed 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 being the northwest comer of the herein descried tract of land;
THENCE, North 87°23'32" East, along the north line of said Lonnie and Earlene Tumer Tract for
a distance of 30.89 feet to a 3/8-inch iron rod found for northeast comer of the herein described
tract, said point being in the aforementioned west line of Old Chocolate Bayou Road;
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THENCE, South 02°36'28" East, along the west line of said Old Chocolate Bayou Road for a
distance of 102.00 feet to the POINT OF BEGINNING containing a computed area of 0.075 of
an acre (3,285 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
Michael D. Wilson, R.P.L.S.
Registration No. 4821
O(o/I f/o3