Ord. 1172 07-12-04ORDINANCE NO. 1172
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE FEE SIMPLE TITLE AND A TWENTY -FOOT (20') ACCESS
EASEMENT 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
and a twenty -foot (20') access easement 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 and an access easement 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 and
acquisition of an access easement 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. Specifically, the property described in
Exhibit "A", attached hereto, shall be used for the location construction, operation and
maintenance of drainage improvements, while the property described in Exhibit "B",
attached hereto, shall serve as a twenty -foot (20') access easement.
ORDINANCE NO. 1172
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
acquire the property, described in Exhibits "A" and "B" 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 and
acquisition of an access easement bear 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 12th day of
July , A. D., 2004.
ATTEST:
APPROVED AS TO FORM:
,cdo,
DARRIN M. COKER
CITY ATTORNEY
2
„„)„,J
TOM REID
MAYOR
EXHIBIT
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Tract No. 7
Dixie Farm Road Project
Mary's Creek By -Pass Detention Pond
Oakbrook Estates, Ltd.
STATE OF TEXAS
COUNTY OF BRAZORIA
W.D.C. Hall League
Abstract No.70
METES AND BOUNDS DESCRIPTION of a 16.394 acre tract in the W.D.C. Hall League,
Abstract No. 70 in Brazoria County, Texas. Said 69.179 acre tract is a part of Lots 24 through
29, inclusive, in the Narregang's Subdivision as recorded in Volume 1, Page 92 of the Brazoria
County Map Records. Said tract is further described as being out of a 69.4453 acre tract
described in a deed to Oakbrook Estates, Ltd. as recorded in Clerk's File No. 03 003446 in the
Brazoria County Clerk's Office and is more particularly described by metes and bounds as
follows:
COMMENCING at 2-inch iron pipe found at the point of intersection of the southeasterly line of
Shadycrest Subdivision as recorded in Volume 8, Page 95 of the Brazoria County Map Records,
same being the northwesterly line of said Narregang's Subdivision, with the southerly right-of-
way line of F.M. 518, (a.k.a. East Broadway, based on a width of 100 feet);
THENCE, South 41°36'04" West, along the common line between said Narregang's Subdivision
and said Shadycrest Subdivision for a distance of 784.86 feet to a 5/8-inch iron rod found for the
common northwesterly comer of Lot 30 and Lot 31 of the aforementioned Narregang's
Subdivision;
THENCE, South 48°,19'01 East, along the common line between said Lots 30 and 31 for a
distance of 1,038.18 feet (called 1,041.00 feet) to a 5/8-inch iron rod set for the common
southeasterly comer of said Lots 30 and 31, same being the north comer of Oakbrook
Subdivision, Section Three as recorded in Volume 19, Page 245 in the Brazoria County Plat
Records;
THENCE, South 41°39'28" West, along the southeast line of said Narregang's Subdivision,
same being the northwest line of said Oakbrook Subdivision for a distance of 1,129.91 feet to a
5/8-inch iron rod set for the POINT OF BEGINNING and east comer of the herein described
tract having a State Plane, surface coordinate of N 13,765,665.91, E 3,162,161.06;
THENCE, South 41°39'28" West, continuing along the southeast line of said Narregang's
Subdivision, same being the northwest line of a 64.8532 acre tract described in a deed to
Coastal Banc Savings Association as recorded in Clerk's File No. 89683 929 in the Brazoria
County Clerk's Office, passing the centerline of Mary's Creek at 1,182 feet and continuing for a
total distance of 1,322.23 feet to a 5/8-inch iron rod set for the south comer of the herein
described tract, from which a found 5/8-inch iron rod bears South 57°09'27" East, 1.50 feet, said
point being the most northerly northeast comer of Oakbrook Estates, Section One as recorded
in Volume 19, Page 343 in the Brazoria County Plat Records;
i
THENCE, South 82°55'06" West, along the north line of said Oakbrook Estates, Section One for
a distance of 565.61 feet to 5/8-inch iron rod found for a southerly comer of the herein described
tract, said point being the north comer of said Oakbrook Estates, Section One and northeast
comer of Oakbrook Estates, Section Five as recorded in Volume 23, Page 243 in the Brazoria
County Plat Records;
THENCE, North 79°44'03" West, along the north line of said Oakbrook Estates, Section Five for
a distance 27.59 feet to a 5/8-inch iron rod set for the west comer of the herein described tract;
THENCE, North 41°41'00" East, pass the centerline of Mary's Creek at a distance of 123 feet, at
a distance of 2,163.67' pass a 5/8-inch iron rod set for reference and continuing for a total
distance of 2,213.38 feet to a point in the centerline of Mary's Creek natural channel, said point
being the north comer of the herein described tract;
THENCE, along the centerline of said Mary's Creek natural channel with the following
meanders:
South 17°14'49" East, for a distance of 73.37 feet;
South 01°45'42" West, for a distance of 188.14 feet;
South 02°01'59" East, for a distance of 244.62 feet;
THENCE, South 16°40'27" West, leaving the centerline of said natural channel for a distance of
102.03 feet to the POINT OF BEGINNING, containing a computed area of 16.394 acres
(714,134 square feet).
NOTE:
1. All Bearings and coordinates are based on the Texas State Plane coordinate system,
south cefitral zone, NAD 83, 1993 adjustment all distances and coordinates shown
are surface and may be converted to grid by multiplying by a combined adjusted
factor of 0.999870.
2. A separate survey plat has been prepared in connection with this description.
The Wilson Survey Group, Inc.
2006 East Broadway, Suite 105
Pearland, Texas 77581
Job No. 03-111
March 18, 2004
DLJJs
Michael D. Wilson, R. P. L.S.
Registration No 4821
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EXHIBIT
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20' ACCESS EASEMENT
STATE OF TEXAS
COUNTY OF BRAZORIA
METES AND BOUNDS DESCRIPTION of a 0.316 acre tract In the W.D.C. Hall League, Abstract No. 70 In
Brazoria County, Texas. Said 0.316 acre tract is a part of Lot 24, in the Narregang's Subdivision as recorded
in Volume 1, Page 92 of the Brazoria County Map Records. Said tract Is further described as being out of a
69.4453 acre tract described in a deed to Oakbrook Estates, Ltd. as recorded in Clerk's File No. 03 003446
in the Brazoria County Clerk's Office and is more particularly described by metes and bounds as follows:
BEGINNING at 3/8—Inch iron rod found far the northwesterly corner of the herein described tract, said point
being the point of Intersection of the southeast line of Shadycrest Subdivision as recorded in Volume'8, Page
95 In the Brazoria County Plat Records with the southwest right—of—way line of Mary's Creek Lane East,
(based on a width of 60 feet);
THENCE, North 41'40'59" East, Along the southeasterly line -of said Shadycrest Subdivision for a distance of
20.00 feet to a 5/8—inch iron rod set for corner of the herein described tract;
THENCE, South 4819'01" East, for a distance of 374.45 feet 'to a 5/8—inch Iron rod set for an interior
corner of the herein described tract;
THENCE, South 82'19'43" East, 20.00 feet north of and parallel to the northerly high bank of Mary's Creek
for a distance of 188.80 feet to a 5/8—inch iron rod set for comer of the herein described tract;
THENCE, South 74'39'25" East, continuing along sold line, being 20.00 feet north of and parallel to the
northerly high bank of Mary's Creek for a distance of 124.91 feet to a 5/8—inch iron rod set for the
northeasterly corner of the herein described tract, said point being in the northwesterly line of a 16.394 acre
tract;
THENCE, South 41'41'00" West, along the northwesterly line of said 16.394 acre tract for a distance of 22.32
feet to a 5/8—inch iron rod set in the high bank of said Mary's Creek;
THENCE, North 74'39'25" West, along the northerly high bank of said Mary's Creek for a distance of 113.67
feet to a 5/8—inch iron rod set for corner of the herein described tract;
THENCE, North 8219'43" West, continuing along the northerly line of said Mary's Creek for a distance of
193.58 feet to a 5/8—inch iron rod set for corner of the herein described tract;
THENCE, North 48'19'01" West, leaving the high bank of said Marys Creek for a distance of 380.56 feet to
the POINT OF BEGINNING, containing a computed area of 0.316 of an acre (13,760 square feet).
- POINT OF COMMENCING
TRACT 7
FND. 2" I.P.
POINT POINT OF
BEGINNING
SET 5/8" I.R.
-
N 48'19'01 " W
380.56'
NORTHERLY TOP BANK
OF MARY'S CREEK _
SET
5/8" I.R.
rn
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N 41'40'59" •E
.- 20.00'
SET
5/8" I.R.
S 4819'01" E
�<- 374.45'
SCALE: 1 "=200'
SOUTHEASTERLY LINE OF
SHADYCREST SUBDIVISION
20' ACCESS EASEMENT
0.316 ACRES
(13,760 SQ. FT.)
SET
5/8" I.R.
N 8 2'19' 43" W S 8 2'19' 43" E
193.58' SET 188.80'
5/8" I.R.
•
SET
5/8" I.R.
N 74'39'25" W
113.67'
SET
5/8" I.R.
NORTH LINE OF
16.394 ACRE TRACT
SET S 41'41'00" W
5/8" I.R. 22.32'
S 74'39'25" E
124.91'
DETAIL
(SCALE: 1"=200')