Ord. 1162 04-26-04ORDINANCE NO. 1162
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. 1162
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:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
PARCEL SKETCH
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EXHIBIT
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Page 3.4
FIELD NOTES
June, 2003
Parcel 7
Page 1 of 2
Exhibit
County: Brazoda
Highway: Dixie Farm Road
Project Limits: Harris County Line to State Highway 35
Account No. 9112-00-033
Property Description for Parcel 7
Being a 0.1370 acre (5,968 square feet) parcel of land located in H.T. & B.R.R. Company
Survey (G.C. Smith Survey), Abstract 551, Brazoda County, Texas, being part of Lot 175 of the
W. Zychlinski Subdivision, Volume 29, Page 9 of the Brazoria County Deed Records, also being
out of a 10.6308 acre tract conveyed in a deed by John Alexander ET AL to Mary Alexander
Bartlett by deed filed under Volume 1758, Page 50 of the Brazoda County peed Records. Said
0.1370 acre parcel being more parttcularty described as follows:
COMMENCING from a 5/8-inch iron rod found at the intersection of the southerly line of saki
10.6308 ace tract, same being the northerly line of a 8.4226 acre tract described in a deed to
George Alexander, a.k.a. Jud. G. Alexander as recorded in Volume 1758. Page 18 of the
Brazoria County Deed Records, with the easterly right-of-way tine of State Highway 35 (based
on a width of 100-fret), thence as follows:
North 86'3625' East along the southerly line of said 10.6308 acre tract for a distance
o€1,563.69 feet to a port for angle:
South 48°20'21" East, continuing along the southerly tine of said 10.6308 acre tract for
a distance of 40.74 feet to a 5/8-inch iron rod with cap set for the POINT OF
BEGINNING of the herein described 0.1370 acre parcel; having coordinates of X =
3,159,021.35 and Y : 13,759,092.48, said point being in the proposed northwesterly
right-of-way line of Dixie Farm Road, being a line 20-feet north of and parallel to the
northwesterly right-of-way line of Dixie Farm Road (based on a variable width);
1) THENCE, North 41°39'39s East. along proposed northwesterly right-of-way line a
distance of 298.41 feet to a 5/8-inch iron rod with cap set in the northerly line of said
10.6308 acre tract
2) THENCE. South 48'2021" East, along the northerly line of said 10.6308 acre tract for a
distance of 20.00 feet to a Ya-inch iron rod found in the existing northwesterly right-of-
way line of said Dixie Farm Road;
3)' THENCE. South 41`39'39" West. along the existing northwesterly nght-of-way lithe of
said Dixie Farm Road for a distance of 298.41 feet to a 5/8-inch iron rod found in the
southerly line of said 10.6308 acre tract;
Pa: e 3.5
FIELD NOTES
Exhibit
June. 2003
Parcel 7
Page 2of2
4) THENCE North 481021' West, along the southerly line of said 10.8308 we tract for a
distance of 20.00 feet to the POINT OF BEGINNING, containing a computed area of
0.1370 acres (5,968 square feet).
Note:
1) Al bearings and distances shown hereon are based on the Texas State Plane
Coordinate System, South Central Zone. NAD83 (1993 Adjustment), using TXDOT
cord points, Peartand 1952 and N0200018. All distances and coordinates shown are
surface and may be converted to grid by muftfpfyfng a combined adjustment factor of
0.999970.
2) AR set rods we 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.
D. Wdson, R.P.L.S.
Registration No. 4821
O&/2 (a/03
Page 3.6