Ord. 1163 04-26-04ORDINANCE NO. 1163
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. 1163
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:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
EXHIBIT
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PARCEL 18
ACCOUNT NO.: 9112-00-033
Page 3.5
FIELD NOTES
June, 2003
Parcel 18
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 18
Being a 0.1948 acre (8,484 square feet) parcel of land located in the W.D.C. Hall League,
Abstract 70, Brazoria County, Texas, being part of Lot 91 of the George W. Jenkins Subdivision,
Volume 79, Page 616 of the Brazoria County Deed Records, also being out of a 9.7552 acre
tract conveyed in a deed by Wafter W. and Wendy K. Wenz to Chau Phouc Tieu and Hung
Vuong as recorded in Clerl's File Number 98-028081 of the Brazoda County Deed Records.
Said 0.1948 acre parcel being more particularly described as follows:
COMMENCING from a %-inch iron rod found for the southeast comer of a 4 acre tract
described in a deed to Ralph E and Helen M. Payne as recorded In Volume 1426, Page 876 of
the Brazoda County Deed Records, thence as follows:
North 48'2021° West, along the northeasterly fine of said 4 acne tract for a distance of
777.69 feet to a 5/8-inch Iron rod with cap set in the proposed southeasterly right-of-
way line of Dade Farm Road, based on a variable width, said line being 204eet south of
and parallel to the erdsting southeasterly right-of-way line of said Dixie Farm Road:
South 41.3919" West, along said proposed southeasterly hne of Dude Fan Road. at
212.10 feet passing a 5l8-nth iron rod with cap set in the southwesterly fine of said 4
acre tract, said fine also being the northwesterly fine of Haddock Subdivlslon. as
recorded in Volume 18, Page 140 of the Brazoria County Plat Records, and continuing
for a total distance of 424.20 feet to a 518-inch iron rod with cap set for the POINT OF
BEGINNING of the herein described parcel; having coordinates of X = 3,162,042.75
and Y =13,7'62,307.75;
1) THENCE, South 41'391391 West, continuing along said proposed southeasterly right-of-
way line of Dixie Farm road for a distance of 424.20 feet to a 5/8-inch Iron with cap set
in the southwesterly line of said 9.7552 acre tract, said line also being the northeasterly
line of Carrte's Comer Subdivision as recorded In Volume 19, Page 643 of the Brazoria
County Plat records, from said point a found %-inch iron rod bears South 48'06'38`
West,1.10 feet;
2) THENCE, North 48'20'215 West, along the southwesterly fine of said 9.7552 acre tract
for a distance of 20-feet to a 5/8-inch iron rod with cap set In the existing southeasterly
right-of-way fine of Dixie Farm Road, said point being the northwest comer of the herein
described 0.1948 acre parcel, from which a found '%-inch iron rod bears North
51'27'55' East, 0.99 feet;
Page 3.6
FIELD NOTES
June. 2003
Parcel 18
Page 20f2
Exhibit
3) THENCE, North 41'39'39' East, along said existing southeasterly right-of-way fne 01
Dixie Farm Road for a distance of 42420 feet to a 5l8-Mdf Iron rod with cap set in the
aforementioned northeasterly me of said 9.7552 we tract. said point being the
northeast comer of the herein described parcel;
4) THENCE. South 48'2021' East. along the northeastedy tint of said 9.7562 acre tract
for a distance of 20.00 feet to the POINT OF BEGINNING. containing a computed area
of 0.1948 acres (8.484 square feet).
Note:
1) All bearings and distances shorn hereon are based on the Texas State Plane
Coordinate System. South Central Zone, NAD83 (1993 Adjustment), using TXOOT
control points, Pearland 1952 and N0200018. AN distances and coordinates shown are
surface and may be convected to grid by multiplying a combined adjustment factor 01
0.999870.
2) AU set rods were set with cap stamped Wilson Survey Group unless otherwise noted.
3) A survey plat 0f even date was prepared in coNunction with this property description.
mid O. ikiLos
D. Wilson, R.P.LS.
tlori No. 4821
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