Ord. 1160 04-26-04 ORDINANCE NO. 1160
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. 1 160
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
April , A. D., 2004.
ATTEST:
APPROVED AS TO FORM:
DA"RRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
2
PARCELSKETCH
EXHIBIT
Page 3,4
FIELD NOTES
County:
Highway:
Project Limits:
Account No.
Exhibit
Brazoria
Dixie Farm Road
Hams County Une to State Highway 35
9112-00-033
June, 2003
Parcel 8
Page I of 2
Property Desc.4ipUo~ fo~ Parcel 8
Being a 0.1418 acre (6,177 square feet) parcel of land located in H.T. & B.R,R. Company
Survey (G.C. Smith Survey), Abstract 551, Brazo~a County, Texas. being part of Let 175 of the
W. Zychlinski Subdivision, Volume 29, Page 9 of the Brazoda County Deed Records, also being
out of a 14.5358 acre lmct conveyed in a deed by John Alexander ET AL to John Alexander by
~ filed under Volume 1758. Page 658 of the Brazoda County Deed Records. Said 0,1418
acre pamel being more particularly described as
COMMENCING from a 5/8-in~ iron rod k~und for the n~st northerly comer of a 4.(X) acre tract
descdbed in a deed to The Gulf Coast Center as recorded in Volume 1025, Page 258, ~a~l
point also being in the common line between Lots 175 end 176 of said W. Zy~linski
Subdivision, thence as follows:
South 03'21~' East, along lhe westerly line of said 4.00 acre tract, same also being
said common line between Lots 175 and 176. at 285.33 passing nodJ3eastedy comer of
said 14.5.358 acre l~act, and continuing for a total distance of 805.94 feet to a 5/8-inch
iron rod with cap set for the POINT OF BEGINNING of the hernia described 0.1418
acre parcel; having coordinates ofX = 3,159,431.67 and Y = 13,759,553.62, ~atd point
being In the proposed northwesterly rtght-of-way line of Dixie Farm Road, beir~ 20~eet
north of ~ parallel to the existing northwesterly right-of-way line of Dixie Farm Road
(based on a variable width);
1)
THENCE, South 03'21~J8' East, contirming along Ihe westerly line of said 4.00 acre
tract, same being said common line between Lots 175 and 176, said line also being the
easterly line of said 14.5358 acre tract, for a distance of 28.27 feet to a ~/-,-inch iron rod
found in the existing norl~,,~estedy right-of-way line of said Dixie Fanta Road;
2)
3)
THENCE, Sou~h 41°39'39' West, along the existing northwesterly right-of-way line of
said Dixie Farm Road for a distance of 298.88 feet to a ~ iron r~l fo~ld in the
southerly line of said 14.5358 acm tract;
THENCE, North 48'20'21' West, along the southerly line of said 14.5358 ecre tract for
a distance of 20.00 feet to a 5/8-inc~ iron rod set in the proposed norltwvesterly right-of.
way line of said Dixie Famq Road, said point being ~ n(xthweetedy c~mer of the
herein described parcel;
Page 3.5
FIELD NOTES
June, 2003
Page2 of 2
4)
THENCE, North 41~J9'39' East. along said proposed ~sterly right-of-way line for
a distance of 318.86 feet to Re POINT OF BEGINNING, containing a comlx~ed area of
0.1418 acres (6,177 square feet).
1)
All bearings and distances shown hereon am based on the Texas State Plane
Coo~inate System, South Central Zone, NAD83 (1993 Adjustment), using TXOOT
contmt po~q~, Pearland 1952 and NQ2{XX)18. All distances and ceonJinates shown are
surface and may be conve~l~ to gdd by multiplying a combined adjustment facto~ of
0.999870.
2) Alt set rods were set with cap stamped Wilson Survey Group unless othenvise norad.
3)
A survey plat of even date was ixepared in conjunction ~ t~i$ property desc~tion.
M~3ee{ D. ~tson, RP, L.S.
Page 3.6