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Ord. 1208 03-28-05ORDINANCE NO. 1208 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE A WATER AND SEWER EASEMENT AND 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 a water and sewer easement and 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 a water and sewer easement, 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 public convenience and necessity requires the acquisition of a fee simple title, by donation, purchase, condemnation, or otherwise, of certain real property located within the City and situated in Brazoria County, more particularly described in Exhibit "B", attached hereto and incorporated herein for all purposes. Section 4. 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 5. 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 28th day of March , A. D., 2005. TOM REID MAYOR ATTEST: G ITY CRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY EXHIBIT p NT `F' METES AND BOUNDS DESCRIPTION 11,344 SQUARE FEET OUT OF SECTION 11, H. T. & B. RAILROAD COMPANY SURVEY ABSTRACT NO. - 239 PEARLAND, BRAZORIA COUNTY, TEXAS All that certain 11,344 square feet being a proposed 10' wide water and sewer easement out of Section 11, H. T. & B. R. R. Company Survey, Abstract Number — 239 Pearland, Brazoria County, Texas and being out of that certain tract described in a deed dated 09-30-1998 from UNR Realty, Inc. to Pearland Magnolia L.L.C. as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 98-043650 and being more particularly described by metes and bounds as follows (bearings based on Texas Coordinate System of 1983, South Central Zone 1993 Adjustment); Commencing at a point marking the intersection of the south line of Section 11, Abstract Number — 239 and the west right-of-way line of the G.C. & S.F. Railroad Company right-of-way (100' wide) and said point being within the existing right-of-way of Magnolia Road as established by those certain right-of-way deeds filed in Volume 932, Page 667 Brazoria County Deed Records and Volume 928, Page 354 Brazoria County Deed Records; Thence N 16° 28' 32" W — 386.44' with the west right-of-way line of said G.C. & S.F. Railroad Company 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 N 16° 28' 32" W — 10.26' continuing with the west right-of-way line of said G.C. & S.F. Railroad Company to a point for corner; 2. Thence S 60° 40' 09" W — 452.55' to a point marking the beginning of a curve to the right having a radius of 872.00' and a central angle of 17° 51' 29"; 3. Thence with said curve an arc distance of 271.79' and a chord bearing and distance of S 69° 35' 54" W — 270.69' to a point of compound curve to the right having a radius of 207.00' and a central angle of 36° 33' 09"; 4. Thence with said curve an arc distance of 132.06' and a chord bearing and distance of N 83° 11' 47" W— 129.83' to a point for corner; 5. Thence N 64° 55' 12" W — 111.19' to a point marking the beginning of a curve to the left having a radius of 136.00' and a central angle of 28° 15' 07"; 6. Thence with said curve an arc distance of 67.06' and a chord bearing and distance of N 79° 02' 46" W — 66.38' to a point for corner; 7. Thence S 86° 49' 40" W — 98.54' to a point on the west line of said Pearland Magnolia, L.L.C. tract; 8. Thence S 02° 43' 46" E— 10.00' with the west line of said Pearland Magnolia, L.L.C. tract to a set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) for corner; 11-421-34-4 Parcel 6 Esmt F 11,344 sq ft M&B.doc 9. Thence the following 6 courses with the proposed north right-of-way line of Magnolia Road; 10. Thence N 86° 49' 40" E — 98.62' to a set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) marlcing the beginning of a curve to the right having a radius of 126.00' and a central angle of 28° 15' 07"; 11. Thence with said curve an arc distance of 62.13' and a chord bearing and distance of S 79° 02' 46" E — 61.50' to a set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) for corner; 12. Thence S 64° 55' 12" E — 111.19' to a set 5/8" iron rod with cap (stamped C.L. DAVIS- RPLS 4464) marking the beginning of a curve to the left having a radius of 217.00' and a central angle of 36° 33' 09"; 13. Thence with said curve an arc distance of 138.44' and a chord bearing and distance of S 83° 11' 47" E— 136.10' to a point of compound curve to the left having a radius of 882.00' and a central angle of 17° 51' 29"; 14. Thence with said curve an arc distance of 274.90' and a chord bearing and distance of N 69° 35' 54" E — 273.79' to a set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) for corner; 15. Thence N 60° 40' 09" E — 450.21' to the POINT OF BEGINNING and containing 11,344 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: 11-421-34-4 Parcel 6 Esmt F 11,344 sq ft M&B.doc 01/10/2005 11-421-34-4 Parcel 6 Esmt F 11,344 sq ft M&B.doc CV w aN b GO w N Z w O N S 86 49 40" W 1 N8455'12"W' I M „ZF;8Z3{ N w "32 w O,i S q h m N CS • ,„ wia .4x . $a to 1 c1 11g, o o �—aZ0 3 ,.9t£17.Z0 S 3 ±� (NQ08 149 •od '668 2WS3 .tvMaVoa .or £'1 Vd '81 '7on A9 Aid 0311CKIM .0E9 1♦ ._._. b48J*94, t S 41 a 8� ( 0 w ,�d�M�,F �' zz A••!! ald09 G. Pli t1 5.1. RIw R (1 2�..55' .1.,HpGrpoPOAMENT VIA : T` >n NOINYVOs N M W W N N 61 S 83' 11 47" E w 3 1° 3 n k Ut z z o pp b t� N 137.001 F h inin b 1+ N=LE�.-N a acct� ■ s I.;O aqq a M O O N O - in Np to z 0 0 ry 0 N pN 6 g O 1b Li O j Z • NU L ZQl ow -mix <yy Lu < m a ON 0 41) S oo ®m Q1 t1� 2. FOR ADD(ITONAL RESTRICTIONS SEE RESTRICTIVE COVENANTS. ri EL 6 METES AND BOUNDS DESCRIPTION 4.931 ACRES OUT OF SECTION 11, H. T. & B. RAILROAD COMPANY SURVEY ABSTRACT NO. - 239 PEARLAND, BRAZORIA COUNTY, TEXAS All that certain 4.931 acres out of Section 11, H. T. & B. R. R. Company Survey, Abstract Number — 239 Pearland, Brazoria County, Texas and being out of that certain tract described in a deed dated 09-30-1998 from UNR Realty, Inc. to Pearland Magnolia L.L.C. as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 98-043650 and being more particularly described by metes and bounds as follows (bearings based on Texas Coordinate System of 1983, South Central Zone 1993 Adjustment); Beginning at a point marking the intersection of the south line of Section 11, Abstract Number — 239 and the westerly right-of-way line of the G.C. & S.F. Railroad Company right-of-way (100' wide) and said point .being within the existing right-of-way of Magnolia Road (width varies) as established by those certain right-of-way deeds filed in Volume 932, Page 667 Brazoria County Deed Records and Volume 928, Page 354 Brazoria County Deed Records; 1. Thence S 87° 16' 14" W— 1,146.25' with the south line of said Section 11, Abstract Number — 239 to a point for comer; 2. Thence N 02° 43' 46" W — passing at 40.00' a found 518" iron rod marking the north right- of-way line of said Magnolia Road as established by that certain 20' wide roadway easement deed filed in Volume 932, Page 667 Brazoria County Deed Records and continuing a total distance of 178.84' to a set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) for comer; 3. Thence the following 6 courses with the proposed north right-of-way line of said Magnolia Road; 4. Thence N 86° 49' 40" E — 98.62' 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 126.00' and a central angle of 28° 15' 07"; 5. Thence with said curve an arc distance of 62.13' and a chord bearing and distance of S 79° 02' 46" E — 61.50' to a set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) marking the point of tangency; 6. Thence S 64° 55' 12" E — 111.19' to a set 5/8" iron rod with cap (stamped C.L. DAVIS- RPLS 4464) marking the beginning of a curve to the left having a radius of 217.00' and a central angle of 36° 33' 09"; 7. Thence with said curve an arc distance of 138.44' and a chord bearing and distance of S 83° 11' 47" E—136.10' to a point of compound curve to the left having a radius of 882.00' and a central angle of 17° 51' 29"; 11-421-34-4 Parcel 6 4.931 acres M&B.doc 8. Thence with said curve an arc distance of 274.90' and a chord bearing and distance of N 69° 35' 54" E — 273.79' to a set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) marking the point of tangency; 9. Thence N 60° 40' 09" E — 450.27' to a set 5/8" iron rod with cap (stamped C.L. DAVIS- RPLS 4464) for corner; 10. Thence S 16° 28' 32" E with the west right-of-way line of said G.C. & S.F. Railroad Company right-of-way (100' wide) passing at 326.17' the north right-of-way line of Magnolia Road as established by said 20' roadway easement filed in Volume 932, Page 667 Brazoria County Official Records and continuing a total distance of 386.44' to the POINT OF BEGINNING and containing a gross area of 4.931 acres and less area within Magnolia Road being 1.062 acres leaving a net area of 3.869 acres 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: 11-421-34-4 Parcel 6 4.931 acres M&B.doc 01/10/2005 11-421-34-4 Parcel 6 4.931 awes M&B.doc 8 tri z 5 76'O133" W S 79'O2 45 E S 83'71 47" E frs NA tn M w O V N N i12 z 0 c.)[4 P. cri U m W 4 En co fa 40 aka 1 r i O i b O hro- N h S 64 55'12* E R/* (!d39 £5! 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