Ord. 1159 04-26-04ORDINANCE NO. 1159
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. 1159
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
Apri 1 , A. D., 2004.
ATTEST:
APPROVED AS TO FORM:
a,c.Cde.
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
EXHIBIT
PARCEL SKETCH
IA n
0
0
rE
W
5
_tRs- I
T J
m W
0 -$
ce
a,8
S
gi
t.00421; r
gEghl" fx3 a
111;a§til K a
ededM
tlt P4451111 �N
1 •
0'0'8
86ZtOO-9G '0H 31U S,Y23313
S11YM Y L318IHS
S7a3Y S
(Mo-a .0L) 3MRIG 1S383 3t4d + k
GEORGE KELLER CHENEY
Y
}
a
c
0
o
d
CO
J
W
a
9112-00-033
zci 0ZoaWpis l
we
11 +s f'_ s .seOi tl
NY
am QZNF-
o
v.
(>'I
v . h
). S' 0 d. J -v✓ r--
cicq^ o S V J• ,? u -
a O>�U bJ St9 m, ■&
X > ^m �w J 6 o ii.
osi a orgo
ui.o�
mtid_
Page 3.4
04-14-'04 12:48 FROM -PROPERTY ACQ SER INC 281-343-8181 T-825 P02/03 U-593
June, 2003
Parcel 38
Page 1 of 2
Exhibit
County; Brazoria
Highway: Dixie Farm Road
Project Limits; Harris County Line to State Highway 35
Account No. 9112-00-033
Property Description for Parcel 38
Being a 0,0972 acre (4,237 square feet) parcel of land located in the W,D.C. Hall League,
Abstract 70, Brazoria County, Texas, being part of Lot 78 and Lot 79 of the George W. Jenkins
Subdivision as recorded in Volume 79, Page 616 of the Brazoria County Deed Records, also
being out of a tract described in a deed to George Keller Cheney as recorded in Clerk's File
Number 96-014188 of the Brazoria County Deed Records. Said 0.1946 acre parcel being more
particularly described as follows:
COMMENCING from a lirinch iron rod found for the southwest comer of a 5.00 acre tract
described in a deed to Shirley A. Watts, as recorded in Clerk's File Number 96-003298 of the
Brazoria County Deed Records, said point also being in the northeasterly line of Pine Hollow
Estates, as recorded in Volume 20, Page 5 of the Brazoria County Plat Records; thence as
follows:
North 46°20'21" West, along the common line between said 5.00 acre tract and Pine
Hollow Estates for a distance of 986,07 feet to a 5/8. int iron rod set in the existing
southeasterly right-of-way line of Dixie Farm Road;
South 41 °39'39" West, along the existing southeasterly right-of-way line of Dixie Farm
Road, at 142.38 feet passing the northeasterly right-of-way line of Pine Crest Drive,
based on a width of 70-feet, continuing along the projection of the existing southeasterly
right-of-way line of Dixie Farm Road for a total distance of 212.38 feet to a 5/8-inch iron
rod with cap set for the POINT OF BEGINNING of the herein described parcel; having
coordinates of X = 3,165,426,28 and Y = 13,766,110.64, said point being in the
proposed southeasterly right-of-way line of Dixie Farm Road, said line being 20•feet
south of and parallel to the existing southeasterly right-of-way line of Dixie Farm Road,
said point also being in the southwesterly right-of-way line of said Pine Crest Drive;
1) THENCE, South 41°39'39" West, along the proposed southeasterly right-of-way line of
Dixie Farm Road, for a distance of 211,62 feet to a 5/8,inch iron rod with cap set in the
southwesterly line of said Cheney tract, said point being the southwest corner of the
herein described parcel;
2) THENCE, South 48°20'21" East, continuing along said southwesterly line of the Cheney
tract for a distance of 20.00 feet to a 5/B-inch iron rod set in the existing southeasterly
right-of-way of said Dixie Farm Road, said point being the northwest comer of said
Chaney tract, from which a found '/2-inch iron rod bears North 69° 10' 15' West, 0,71
feet;
04-14-'04 12:48 FROM -PROPERTY ACQ SEE INC 281-343-8181 T-825 P03I03 U-593
June, 2003
Parcel 38
Page 2 of 2
Exhibit
3) THENCE, South 41 °39'39" West, along the existing southeasterly right-of-way line of
Dixie Farm Road, for a distance of 211.84 feet to a 5/8-inch iron rod with cap set in the
southwesterly right-of-way Tine of Pine Crest Drive, said point being the northeast
corner of the herein described parcel:
4) THENCE, South 48°17'15" East, along the southwesterly right-of-way line of Pine Crest
Drive, fora distance of 20.00 feet to the POINT OF BEGINNING, containing a
computed area of 0.0972 acres (4,237 square feet).
Note:
1) All bearings and distances shown hereon are based on the Texas State Plane
Coordinate System, South Central Zone, NAD83 (1993 Adjustment), using TXDOT
control points, Pearland 1952 and N0200018. All distances and coordinates shown are
surface and may be converted to grid by multiplying a combined adjustment factor of
0,999870,
2) All set rods were set with cap stamped Wilson Survey Group unless otherwise noted.
3) A survey plat of even date was prepared in conjunction with this property description.
M cheat D. ilson, R.P.L.S.
Rgistration No. 4821
0 Wzro%3