Ord. 1164 04-26-04ORDINANCE NO. 1164
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. 1164
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.
TOM REID
MAYOR
ATTEST:
NG LO
Y SEC" . ARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT
PARCEL SKETCH
;4t,
00+IF •Y1S 3Nn1-01.vw
Ig
nW
Wv 4
i
i
w
N
S
PART 1
04040 AC.
75 SOFT.
ART 2
.0718 A ;.
3,128 SQ.F1.
En
0
PARCEL. PAT
S1O0NG PRCffRFY Cf
,RICHAR) ,;. AN) LOTS 14. BURNS
i FARM ROAD BRAZORIA COl1NiY
PARCEL SKETCH
W No A
I W IIV "o`er
4 R
:IVAN17.NIVeL,
eg
i[ ~
� �b
4 ;!ft
J i
00+1P 'V/1S 3Nf1131VII
PARCEL PLAT
CSt C912-3.. —11a
ACCOUNT NO. 9112-00-C33
Page 3.5
FIELD NOTES
November, 2003
Parcel 4 Part 1 and 2
Page 1 of 3
Exhibit
Cody- Brazona
Highway. Dixie Farm Road
Project Limits* Harris County Une to State Highway 35
Account No 9112-00-033
Property Descriptors for Parcel 4 Part 1 and Part 2
Being a 0.0758 acre (3,303 square feet) parcel of land located in H.T. & B.R.R. Company
Survey (G.C. Smith Survey). Abstract 551, Ramona County, Texas, being part of Lot 178 of the
W. Zychli siu Subdivision, Volume 29. Page 9 of the Brazoria County Deed Records, also being
out of the remainder of a 30 808 acre tract conveyed in a deed by Dale Brown. Trustee et at to
Richard J. Bums and Lois M. Burns as recorded in Volume 126Z Page 839 of the erupts
County Deed Records. Said 0 0758 acre parcel being mote particularly described as follows:
Part 1
COMMENCING from a 5/8-inch iron rod found at the intersection of the southorty lire of a
10.8308 acre tract described in a deed to Mary Alexander Bartlett as recorded in Volume 1758.
Page 50 of the Brazen* County Deed Records with the easterly right•ot-wey tare of State
Highway 35 (based on a width of 100-feet). thence as follows:
South 32'07'17 East, along the easterly right-of-way line of said State Highway 35, at
1.213.47 het passing the existing northwesterly right.d-way tine of Dixie FUm Road
(based on a variable width right-of-way). at 1.321 23 feat passing the existkiq
southeasterly right-of-way line of said Dixie Farm Road. continuing for a total distance
of 1,341.52 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 = 3,158,143.58 and Y ■
13,757,890.84, said point being in the proposed southeasterly right-of-way line of said
Dixie Farm Road;
1) THENCE, North 32'07'17' West. along the easterly right•of-way line of said Highway
35. for a distance of 20.29 feet to a 5/8 inch uwn rod with cap set in the existing
southeasterty right-of•way line of said Dixie Farm Road:
2) THENCE. North 40'3219" East, along tho oxisting southeasterly right-of-way line of
said Dixie Farm Road tor a distance of 18.08 hot to a 5/8-inch iron rod with cap set for
corner, said point being in the proposed southeasterly right-of-way line of said Dixie
Farm Road:
Page 3.6
FIELD NOTES
November. 2003
Parcel 4 Part 1 and 2
Page 2of3
Exhibit
3) THENCE. South 01°3T10' West. along said proposed southeasterly nght-of-way line of
Oboe Farm Road for a distance of 31.01 feat to the POINT OF BEGINNING. containing
a computed area of 00040 acres (175 square feet).
Part 2
COMMENCING from a 5/8-inch iron rod found at the intersection of the southerly line of
10.6308 acre tract described in a deed to Mary Alexander Bartlett as recorded in Volume 1758,
Page 50 of the Blazons County Deed Records with the easterly right-ot•way line of State
Highway 35 (based on a width of 100-feet). thence as follows:
South 32"07'17" East, along the easterly right-of-way line of said Slate Highway 35, at
1,213.47 feet passing the existing northwesterly right-of-way tine of Dixie Farm Road
(based on a variable width right-of-way), continuing for a total distance of 1,321_23 feet
to a 5/8-inch iron rod with cap sat in the existing Southeasterly right-of-way line of said
Dixie Farm Road, said point also being the northwesterly comer of the aforementioned
remainder of a 30.605 acre tract;
THENCE, North 40'32'39" East. along the existing southeasterly right-of-way line or
said Dixie Farm Road for a distance of 178.48 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
3,158,248.81 and Y = 13,758043.88,
1) THENCE. North 40`32'39` East continuing along the existing southeasterly right-of-
way line of said Obde Farm Road for a distance of 581.35 feet to a 5/8-inch Iron rod with
cap set in the easterly line of said remainder of a 30.606 acre, Sartre being the westerly
fine of a 11.117 acre tract described in deed by E.J. King. Sheriff. Brenda County,
Texas to State of Texas. County of Brazona, ET AL, In trust, as recorded in Cleats Fde
Number 96-040697 of the 8razoria County Deed Records, said point being the
norttheest comer of the herein desat ed parcel;
2) THENCE. North 87'39'41" East, along the easterly line of said remainder of a 30.508
acre tract for a distance of 15.21 feet to a 5/6-Inch iron rod with cap set in the proposed
southeasterly right-of-way line of said Dixie Farm Road, said line being 80-feet south of
and parallel to me original centertine of said Dixie Farm Road. said point being tho
southeast comer of the herein parcel,
Page 3.7
FIELD NOTES
Exhibit
November, 2003
Parcel 4 Part 1 and 2
Page 3 of 3
3) THENCE, South 41'39'39" West. along said proposed southeasterly right-of-way line of
Oixte Farm Road for a distance of 571.81 feet to the POINT OF DEGINNING,
containing a computed area of 0.0718 acres (3.128 square feet); far a total for Part 1
and Part 2 of 0.0758 acres (3.303 square feet).
Note:
1) AU bearings and distances shown hereon are based on the Texas State Plane
Coordinate System, South Central Zone. NA083 (1993 Adjustment), using TXDOT
control paints, Peartand 1952 and NO200018. 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.
D. Wilson, R.P.LS_
Registration No. 4821 1 t j 2 ` 103
OF
s 4'4.,t
MICHAEL D. WILSOr!
9 0*01-7 �~
Page 3.8