Ord. 1157 03-22-04 ORDINANCE NO. 1157
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. 1157
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 22nd day of
Hatch ., A. D., 2004.
ATTEST:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
2
City of Pearland
e Road Project
Exhibit "A"
Ordinance No. 1157
A.C.H. & B. R. R. Survey
Abstract-309
STATE OF TEXAS
COUNTY OF BRAZORIA §
METES AND BOUNDS DESCRIPTION of a 0.104 acre tract in lhe A.C.H. & B.R.R. Survey,
Abstract 147, Brazoda County, Texas. Said 0.104 acre tract is in Lot 107 of the Zychlinski
Subdivision as recorded in Volume 2, Page 1 of the Brazoda County Map Records and is further
described as being in a 0.720 acre tract described in a deed to The Rose Family Uving
Revocable Trust as recorded in Clerk's File No. 95-025476 of the Brazoria County Clerk's
Office. Said tract is more Particularly described by metes and bounds as follows:
BEGINNING at a 518-inch iron rod set at the point of intersection of the northwesterly right-of-
way line of Barry Rose Road (based on a width of 50 feet) with the eastedy right-of-way line of
Schleider Ddve, (variable width right-of-way), said point being the south comer of said 0.720
acre tract and has a Texas State Plane gdd coordinate of N 13,771,194.42, E 3,153,745.11
(South Central Zone, NAD83);
THENCE, North 02°40'45" West, along the eastedy line of said Schleider Drive, same being the
westedy line of said 0.720 acre tract for a distance of 114.53 feet to a 5/8-inch iron rod set for a
cut-back comer, said point being the west comer of the herein described tract;
THENCE, South 70°43'21" East, along the proposed cut-back line for a distance of 85.64 feet to
a 5/8-inch iron .rod set for a cut-back corner, said point being in the northwesterly line of the
aforementioned Barry Rose Road, same being the northeasterly line of said 0.720 acre tract
and is the east comer of the herein described tract of land;
THENCE, South 41014'03" West, along the northwesterly line of said Barry Rose Road for a
distance of 114.53 feet to the POINT OF BEGINNING containing a computed area of 0.104 of
an acre (4,548 square feet).
NOTE:
1. Bearings shown hereon are based on the City of Peadand Monumentation. Texas State
Plane Coordinate System, South Central Zone (NAD83).
e
The coordinate shown hereon is based on the City of Peadand G.P.S. Monument no. 1. Gdd
coordinates = N 13,766,650.62, E 3,158,167.62, Texas State Plane Coordinate System,
South Central Zone (NAD83). Scale factor = .9998703.
3. A separate survey plat has been prepared in connection with this metes and bounds
description.
2.2.006 E. Broadway, Suite105 /F. ~'"l,'~'"t"~.,.t',~.~."CL~¥~'//,~ b
~eafland, Texas ~588 /./~~~~..'~'~¢~%~t ' /' Michael U. ~lson, R.P.L;S.
485-3991
/~ '~~,~ [ Registration No. 4821
JOb No: 02-132 MICHAEL D ~11S ' ' ;~ ~
W