Ord. 1231 10-10-05ORDINANCE NO. 1231
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 DRAINAGE
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 drainage 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
drainage 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 drainage 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. 1231
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 drainage 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 10th day of
October , A. D., 2005.
ATTEST:
U N G , T
TY S ETARY
APPROVED AS TO FORM:
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6/A----
DARRIN M. COKER
CITY ATTORNEY
2
C-
TOM REID
MAYOR
EXHIBIT
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METES AND BOUNDS DESCRIPTION
18.1109 ACRES OUT OF
RESTRICTED RESERVE "A", GREENWOOD
AND LOTS 64 & 65, GEO W. JENKINS
SUBDIVISION OF THE W.D.C. HALL LEAGUE
ABSTRACT NUMBER - 70
PEARLAND, HARRIS AND BRAZORIA COUNTY, TEXAS
All that certain 18.1109 acres being out of Restricted Reserve "A" of Greenwood according to
the plat thereof as filed in Volume 19, Page 233 Brazoria County Plat Records and out of Lots 64
and 65 of the Geo W. Jenkins Subdivision of the W.D.C. Hall League, Abstract Number 70
according to the plat thereof as filed in Volume 79, Page 618 Brazoria County Deed Records and
being a portion of that certain called 16.6658 acre tract described in a deed dated 10-11-1994
from W.F. Mitchell, Trustee to Greenwood Developments, Inc as filed in Official Records of
Real Property of Brazoria County at Clerk's File Number 94-037120 and as filed in Official
Records of Real Property of Harris County at Clerk's File Number R-130725, Film Code
Number 501-63-1471 and being a portion of that certain called 8.1842 acre tract described in a
deed dated 10-07-1993 from W.F. Mitchell, Trustee to Greenwood Developments, Inc., as filed
in Official Records of Real Property of Brazoria County at Clerk's File Number 93-036566 and
being more particularly described by metes and bounds as follows (bearings based on Texas
Coordinate System of 1983, South Central Zone);
Commencing at a found 5/8" iron rod on the north right-of-way line of Dixie Farm Road (120'
wide) marking the common east corner of said 16.6658 acre tract and marking the south corner
of that certain tract as described in a deed dated 03-27-1996 from Julia Ann McDonald, General
Partner of Clear Creek Ltd. to City of Pearland as filed in Official Records of Real Property of
Brazoria County at Clerk's File Number 96-044427 and as filed in Official Records of Real
Property of Harris County at Clerk's File Number S-246906; Thence S 56° 06' 08" W - 187.80'
with the north right-of-way line of said Dixie Farm Road to a set 5/8" iron rod with cap (stamped
C.L. DAVIS-RPLS 4464) marking the intersection of the east line of that certain called 0.56 acre
tract described in a deed dated 12-08-1970 from Texas Commerce Bank National Association, et
al, Executors and Trustees to Phillips Petroleum Company as filed in Volume 1076, Page 683
Brazoria County Deed Records with the north right-of-way line of said Dixie Farm Road;
Thence S 56° 06' 08" W - 66.82' continuing with the north right-of-way line of said Dixie Farm
Road to a set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) marking the POINT OF
BEGINNING of herein described tract;
1. Thence the following three (3) courses with the north right-of-way line of said Dixie Farm
Road;
2. Thence S 56° 06' 08" W - 207.58' to a set 5/8" iron rod with cap (stamped C.L. DAVIS-
RPLS 4464) marking the beginning of a curve to the right having a radius of 1,849.86' and a
central angle of 19° 40' 08", from which point a found 5/8" iron rod bears S 06° 37' 57" E -
3.32' for reference;
3. Thence with said curve, passing a point making the southeast corner of said Reserve "A" at
an arc distance of 378.76' and continuing a total arc distance of 635.03' and a chord bearing
and distance of S 65° 56' 01" W - 631.91 to a found 5/8" iron rod marking the point of
tangency of said curve;
11-366 18.1109 acres M&B
4. Thence S 75° 46' 08" W - 50.63' with the south line of said "Reserve A" to a set 5/8" iron
rod with cap (stamped C.L. DAVIS-RPLS 4464) for corner;
5. Thence N 13° 06' 15" W - 62.90' to a set 5/8" iron rod with cap (stamped C.L. DAVIS-
RPLS 4464) for corner;
6. Thence N 31° 44' 10" W - 254.67' to a set 5/8" iron rod with cap (stamped C.L. DAVIS-
RPLS 4464) for comer;
7. Thence N 53 ° 09' 24" W - 269.76 to a set 5/8" iron rod with cap (stamped C.L. DAVIS-
RPLS 4464) for corner;
8. Thence N 41° 32' 09" E - 980.74'with the northwest line of said 16.6658 acre tract, the
southeast line of that certain tract described in a deed dated 12-20-1982 from Farm and
Home Savings Association to Harris County Flood Control District as filed in Official
Records of Real Property of Harris County at Clerk's File Number J-237306, Film Code
Number 064-98-2309, the southeast line of Lot 31 and the northwest line of Lot 65 of said
Geo W. Jenkins Subdivision to a set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS
4464) for corner;
9. Thence S 48° 14' 46" E - 781.78' with the northeast line of said 16.6658 acre tract to a set
5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) for comer;
10. Thence S 46° 08' 03" W - 55.93' with the northwesterly line of said Phillips Petroleum
Company tract to a set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) for corner;
11. Thence S 07° 40' 03" W - 230.51' with the westerly line of said Phillips Petroleum
Company tract to the POINT OF BEGINNING and containing 18.1109 acres (788,912
square feet) of land more or less.
This metes and bounds description is accompanied by a separate plat, drawing or exhibit per
Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices"
Section 663.19(9).
Compiled by:
C.L. Davis & Company
Job Number: 11-366 18.1109 acres M&B.doc
08-08-2005
11-366 18.1109 acres M&B
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