Ord. 1161 04-26-04ORDINANCE NO. 1161
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. 1161
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
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DIXIE FARM ROAD BRAZCRIA COUNTY
CSJ: 0912-31-144
'NE WILSON SURVEY CROUP JUNE 2003
SCALE: 1..40'
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Page 3.4
FIELD NOTES
June, 2003
Parcel 8
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 6
Being a 0.1414 acre (6,181 square feet) parcel of land located In H.T. & B.R.R. Company
Survey, Abstract 551. Brazoria County, Texas, being part of Lot 175 of the W. 2ychiinski
Subdivision P.C. Smith Survey), Volume 29, Page 9 of the Brazoria County Deed Records,
also being out of a 8.4226 acre tract conveyed in a deed by John Alexander ET AL to George
Alexander, aka. Jud. G. Alexander by deed filed under Volume 1758, Page 18 of the 8razona
County Deed Records. Said 0.1414 acre parcel being more particularly described by metes and
bounds as follows:
COMMENCING from a 518-itxth iron rod found at the intersection of the northerly line of saki
8.4226 acre tract, same being the southerly line of a 10.6308 acre tract described in a deed to
Mary Alexander Bartlett as recorded in Volume 1758, Page 50 of the Brazoria County Deed
Records, with the easterly right-of-way kne of State Highway 35 (based on a width of 100-feet),
thence as folows:
North 86°3625 East, along the northerly line of said 8.4226 acre tract for a distance of
1,563.69 feet to a point for angle;
South 4842021" East. continuing along the northerly line of said 8.4228 acre tract for a
distance of 40.74 feet to a 5/8-indi iron rod with cap set for the POINT OF BEGINNING
of the herein described 0.1414 acre parcel; having coordinates of X = 3,159,021.35, Y =
13,759,092.46. said point being on a lime 20-feet north of and parallel to the
northwesterly right-of-way Kne of said Dixie Fann Road;
1) THENCE. South 48'20'21" East. continuing along the existing northerly right-of-way tine
of said 8.4226 acre tract for a distance of 20.00 feet to a 5/8-inch iron rod found in the
existing northwesterly right-of-way line of Dixie Farm Road (based on a variable width
right-of-way);
2) THENCE, South 41'39`39" West, along the existing northwesterly right-of-way line of
said Dade Farm Road for a distance of 298.41 feet to a 5i8-inch iron rod found in the
southerty tine of said 8.4226 acre tract
3) THENCE. South 87'41'03" West, along the southerly tine of said 8.4226 acre tract for a
distance of 27.79 feet to a 518-inch iron rod with cap set for comer in the proposed right-
of-way line of Dixie Farm Road being, a fine 20-feet north of and parallel to the existing
northwesterly right-of-way Tine of said Dixie Farm Road:
Pa<*e 3.
FIELD NOTES
Exhibit
June, 2003
Parcel 8
Page 2 of 2
4) THENCE North 4143919' East, along the proposed right-of-way One, for a distance of
317.71 feet to the POINT OF BEGINNING, containing a computed area of 0.1414 acres
(6,161 square feet).
Note:
1) Alt bearings and distances shown hereon are based on the Texas State Plane
Coordinate System, South Central Zone. NAD83 (1993 Adjustment), using TXDOT
control points, Paactand 1952 and N0200018. Alt 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 rap stamped Wilson Survey Group unless otherwise noted.
3) A survey ;gat of even date was prepared in conjunction with this property description.
Page 3.6
ASSESSMENT AND TAXES
Tax records pertaining to the subject were provided by the Brazoria County Appraisal District, Texas.
Property ID #
Assessed Value
R178189
$58,920
PROPERTY HISTORY
The Standards of Professional Appraisal Practice requires full disclosure and analysis of any sales or
property transfers within the past three years of the date of value. The Houston District of The Texas
Department of Transportation has requested a five-year history. According to information available to the
appraiser, the subject property has been owned by the current owner since November 14, 1983 per title
work. The owner was conveyed the property by warranty deed. The appraiser is not aware of any existing
contracts or pending sales on the subject property, nor does the property appear to be listed for sale.
Page 3.7