Ord. 1165 04-26-04ORDINANCE NO. 1165
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. 1165
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
May , A. D., 2004.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
ram:- ,, c�—
DARRIN M. COKER
CITY ATTORNEY
Tract No. 10
Dixie Farm Road Project
Cowards Creek Detention Pond
Donald H. Anderson Tract
STATE OF TEXAS
Geo. C. Smith Survey (H.T. & B.R.R. CO.)
Abstract No. 551
COUNTY OF BRAZORIA §
METES AND BOUNDS DESCRIPTION of a 6.579 acre tract in the Geo. C. Smith Survey (H.T.
& B.R.R. Co), Abstract No. 551 in Brazoria County, Texas. Said 6.579 acre tract is in Lot 163 of
the Zychlinski Subdivision as recorded in Volume 29, Page 9 of the Brazoria County Deed
Records and is further described as being out of a 15.9192 acre tract described in a deed to
Donald H. Anderson as recorded in Clerk's File No. 01-023939 in the Brazoria County Clerk's
Office and is more particularly described by metes and bounds as follows:
COMMENCING at a 5/8-inch iron rod found for the south comer of a 4.00 acre tract described in
a deed to Gulf Coast Regional Mental Health -Mental Retardation Center as recorded in Volume
1763, Page 622 of the Brazoria County Deed Records, said point being in the northwest right-
of-way line of Dixie Farm Road (based on a width of 80 feet);
THENCE, North 41°39'17" East. along the northwest line of said Dixie Farm Road, same being
the east line of said 4.00 acre tract for a distance of 592.09 feet to a 5/8-inch iron rod found for
the south comer of said 15.9192 acre tract;
THENCE, North 48°31'48" West, along the southwesterly Tine of said 15.9192 acre tract, at a
distance of 525 feet pass the southerly high bank of Cowards Creek and continue for a total of
553.30 feet to the POINT OF BEGINNING of the herein described tract, said point is in the
centerline of Cowards Creek and has a Texas State Plane surface coordinate of
N 13,760,333.88, E 3,159,411.92;
THENCE, North 48°31'48" West, continuing along the southwest line of said 15.9192 acre tract
for a distance of 37.39 feet to a 5/8-inch iron rod set for the westerly comer of the herein
described tract, same being the westerly comer of said 15.9192 acre tract and is in the
northeasterly line of a 6.3116 acre tract described in a deed to George Alexander as recorded in
Volume 1758, Page 18 in the Brazoria County Deed Records (a found 5/8-inch iron rod bears
South 48°31'48" East 0.69 feet);
THENCE, North 03°22'11" West, along the westerly line of said 15.9192 acre tract, same being
the easterly line of said 6.3116 acre tract at a distance of 635 feet pass the centerline of a
drainage ditch and continue for a total distance of 1,031.70 feet (called 1,031.53 feet) to a 5/8-
inch iron rod found for the north comer of the herein described tract, same being the north
comer of said 15.9192 acre tract, said point being a westerly comer of a 10 acre tract described
in a deed to Quinton Jamison as recorded in Volume 651, Page 617 in the Brazoria County
Deed Records;
THENCE, South 48°15'51" East, along the east line of said 15.9192 acre tract, same being the
west Tine of said 10 acre tract, at a distance of 615 feet pass the centerline of the
aforementioned drainage ditch, at a distance of 699.73 pass a 5/8-inch iron rod set for reference
and continue for a total distance of 749.73 feet to a point in the centerline of the aforementioned
Cowards Creek, said point being the east comer of the herein described tract;
THENCE, South 40°16'43" West, along the centerline of said Cowards Creek for a distance of
728.23 feet to the POINT OF BEGINNING, containing a computed area of 6.579 acres (286,580
square feet).
NOTE:
1. The bearings and coordinate shown hereon are based on the Texas State Plane
Coordinate System, South Central Zone.
2. A separate survey plat has been prepared in connection with this description.
The Wilson Survey Group, Inc.
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CITY OF PEAR
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BRAZO'LA coMITY,
4
ORDINANCE NO. 1165
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, WAIVING THE ENCROACHMENT ELECTRIC SERVICE LINE
INTO A UTILITY EASEMENT.
WHEREAS, the owner of the subject property has requested a waiver of
encroachment and acknowledges that such waiver extends until such time as the City or a
Public Utility desires to gain access for any reason whatsoever to the City's interest in or on
such utility easement.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City of Pearland hereby waives the encroachment of electric
service lines located at 2618 George Street (Property) into a utility easement.
Section 2. This waiver is effective only to the extent of the encroachment
generally described herein and depicted in Exhibit "A" attached hereto and incorporated
herein for all purposes.
Section 3. This waiver is further effective only upon the execution of the
Protective Covenants in a form acceptable to the City of Pearland.
PASSED and APPROVED ON FIRST and ONLY READING this the 26th day of
April , A. D., 2004.
p Lj2
TOM REID
MAYOR
ORDINANCE NO. 1165
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
PROTECTIVE COVENANTS
Gabriel P. Owens (Owens) is the owner of record of a certain tract or parcel of land
generally located at 2618 George Street in the City of Pearland. City acknowledges and
consents to the encroachment of electric service lines into the utility easement as depicted
in Exhibit "A." City's acknowledgment and consent is specifically limited to the encroach-
ment herein described, and as described in the Ordinance waiving the encroachment, and
no additional encroachment of any nature whatsoever shall be construed as having been
consented to herein.
OWENS DOES HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE
CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM
ANY AND ALL CLAIMS, DEMANDS, RIGHTS OR CAUSES OF ACTION OF WHATSO-
EVER CHARACTER OR NATURE ARISING FROM OR BY REASON OF ANY AND ALL
BODILY OR PERSONAL INJURIES, INCLUDING DEATH AND MENTAL ANGUISH,
DAMAGE TO PROPERTY AND THE CONSEQUENCES THEREOF WHICH MAY BE
SUSTAINED BY OWENS, OWENS'S SUCCESSORS OR ASSIGNS, OCCURRING IN
CONNECTION WITH THE HEREINABOVE REFERENCED ENCROACHMENT INTO THE
CITY'S DRAINAGE EASEMENT, AND WHICH ARE CAUSED IN WHOLE OR IN PART
BY THE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES,
SUCCESSORS, OR ASSIGNS. OWENS SHALL KEEP AND HOLD HARMLESS CITY,
ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY
AND ALL COST, LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND
HOWSOEVER CAUSED, CLAIMED OR RECOVERED BY ANYONE BY REASON OF
INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR
DESTRUCTION OF PROPERTY CAUSED BY OR RESULTING FROM THE
NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR
ASSIGNS ARISING IN CONNECTION WITH THE HEREINABOVE REFERENCED
ENCROACHMENT, TO THE EXTENT ALLOWED BY LAW. IT IS THE EXPRESSED
INTENTION OF BOTH OWENS AND CITY THAT THE INDEMNITY PROVIDED FOR IN
THIS SECTION IS INDEMNITY BY DISTRICT TO INDEMNIFY AND PROTECT CITY
FROM THE CONSEQUENCES OF THE NEGLIGENCE OF CITY, ITS OFFICERS,
AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS WHETHER SUCH
NEGLIGENCE BE SOLE, JOINT, OR CONCURRENT, ACTIVE OR PASSIVE. THE
PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION, EXPIRATION,
OR CANCELLATION OF THIS AGREEMENT.
City or any public utility expressly reserves the right, and Owens expressly
acknowledges and consents to this right, to remove without liability therefore, any material
or structure contributing to the encroachments acknowledged herein, should such removal
be desirable in order for the City to gain access for any reason whatsoever to the utility
easement. The parties hereto expressly agree that City shall in no way be liable for any
removal and/or damage done to such materials and/or structures. Furthermore, the parties
hereto specifically agree that City shall under no circumstances be under any duty or
responsibility to restore any materials and/or structures so removed and/or damaged.
The conditions and covenants are hereby declared to be covenants running with the
land and shall be fully binding upon all persons acquiring any interest in the property
described herein, whether by descent, demise, purchase, gift, or otherwise.
ACCEPTED and AGREED to this the day of , 2004.
CITY OF PEARLAND
By:
Bill Eisen
City Manager
Gabriel P. Owens
By:
Printed Name:
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed the
same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
, A.D., 2004.
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires:
Printed Name:
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed the
same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
, A.D., 2004.
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires:
Printed Name:
MA OR f'LAT RI:C(3l2131'I) IN./i, 7 /'/,-;•9,;;),"/-;COUNTY �/_/IT RECORDS.
.-c
T11IS DRAWING, IS THE PROPFRIY OF SHANKS LARD SURVEYORS OF TEXAS, INC., AND SIIAI.f. 110T RF. USED FOR AIIY PURPOSE WITHOUT TIIE
II HR7ttftl COIISFUT or AU AtFFIIORi ZFD A(:1:UT OF ::HANKS LAUD SURVEYORS OF TEXAS IUC. SIIANXS LAND SURVEYORS OF TEXAS ItN_. ACCEETS
(.5 NO RESP0N5IRII.ITY FOR THE USE OF TIII_S DRAWIU0 Fon Any PURPOSE. AFTER SIX (6) HOHTIIS FROM T11E DATE IIIOICATED 011 THIS DRAW//10,
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SURVEY
OF LOT 1, BLOCK 6, BRIAIROLEN,
SECTION 5, BRAZORIA COUNTY, TEXAS
SCALE: 11'-?0
DATE : /// '
REVISED:
SURVEY I3Y: .11.
DRAWN BY : S.
FOR:CIVELIE uOrna & FIRST SW
TITLE COMPANY
GFI!9726-0744
PURCHASER: GABRIEL
'11;RRI M. OWENS
JOB. NO. r(7-.
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( ENS &
THIS PLAT
IS AN ACCURATE !i/
RI PR.ESEN'FATION 01' 'Tl1A'1' SURVEY 7 `%
MAI)l ON THE GROUND UNDER MY ,'t, i/ \
SUPERVISION. ION. THERE ARE NO AI" 7\IZP;N/��p r 11
l.1 ; I i ) - 5t._r� ENCROACHMENTS OR CONFLICTS _ c
ACROSS PROPERTY LINES AT TIIE TIM t.. PIL Y I I tr \ rr---,
iOl III;SURVEY , EXCEPT AS SIIOWN �'"'-- •c1HEREON. , ,rL5/1{ �. l' 4l.1
BILLY . SHANKS R. P. L. S . # 1821
BILLY L. SHANKS
1414 WAVECREST LANs
IIOUSTON, TEXAS 77062
488-1486
FAX 488-5526