Ord. 0764 12-17-96ORDINANCE NO. 764
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR A
PUBLIC WORKS PROJECT, KNOWN AS THE LONGWOOD WASTE-
WATER TREATMENT PLANT EXPANSION; AUTHORIZING THE CITY
ATTORNEY, OR HER DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE
SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE BUFFER ZONE
EASEMENTS ON PROPERTY LOCATED WITHIN THE CITY, BY
DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF
EMINENT DOMAIN; DECLARING AN EMERGENCY, BECAUSE
EXPANDING THE CITY'S LONGWOOD WASTEWATER TREATMENT
PLANT BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE
OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council recognizes that public convenience and necessity
exists for the expansion of the Longwood Wastewater Treatment Plant; and
WHEREAS, accordingly, the City Council hereby acknowledges that it is in the
public's best interest to acquire buffer zone easements on property located in the City
for this public works project; 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 accomplishment of the public works project
of expanding the Longwood Wastewater Treatment Plant located on Dixie Farm Road
in Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition, by
donation, purchase, condemnation, or otherwise, of buffer zone easements on certain
real property located within the alignment of said project, within the City and situated
in Brazoria County, more particularly described in Exhibits "A", "B", "C", "D", "E",
"F", "G", and "H" attached hereto and incorporated herein for all purposes.
1
ORDINANCE NO. 764
Section 3. The City Attorney, or her designee, and other City officials are
hereby authorized and directed, on behalf of the City to take such actions as are
necessary to acquire buffer zone easements on the property described in Exhibits "A",
"B", "C", "D", "E", "F", "G", and "H" 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
requiring the acquisition of said buffer zone easements, because expanding the City's
Longwood Wastewater Treatment Plant 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 day of
ph,eAeijeA-1 , A. D., 1996.
ATTEST:
z
YO /A DA C. BENITE
CI Y ECRETARY
.D.,
TOM REID
MAYOR
2
ORDINANCE NO. 764
APPR i VED AS TO FORM:
et
AY 0 S cCULLOUGH
CITY ATTORNEY
3
Exhibit "A"
METES AND BOUNDS DESCRIPTION
150' SANITARY BUFFER ZONE
AROUND LONGWOOD TREATMENT PLANT
EASEMENT NO. 1
0.3548 ACRE OUT OF
LOT 18 AND 19, BLOCK 10
LONGWOOD PARK SUBDIVISION
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 0.3548 acre out of Lot 18 and 19, Block 10, Longwood Park
Subdivision according to the plat thereof filed in Vol. 5, Pg. 7 Brazoria
County Plat Records and being more particularly described by metes and
bounds as follows;
Beginning at a found 5/8" iron rod in concrete marking the north corner of
said Lot 19 and being on the east right-of-way line of Myrtlewood Drive (60'
wide);
Thence S 65° 10' 35" E - 119.02' with the common line of said Lots 19
and 20 to a found 5/8" iron rod in concrete for corner;
Thence S 13° 18' 10" W with the southeasterly line of said Lots 19 and 18
passing at 100.13' a found 3/4" iron pipe and continuing a total distance of
118.64' to a point for corner being on a curve to the right having a radius of
158.99' and a central angle of 53° 38' 10";
Thence with said curve an arc distance of 148.83' and a chord bearing and
distance of N 56° 50' 58" W - 143.46' to a point for corner being on the
easterly right-of-way line of said Myrtlewood Drive and on a curve to the
right having a radius of 459.04' and a central angle of 07° 33' 38";
Thence with said curve and the easterly right-of-way line of said
Myrtlewood Drive an arc distance of 60.57' and a chord bearing and
distance of N 22° 52' 54" E - 60.53' to a found 1" iron pipe for corner;
Thence N 26° 55' 33" E - 35.01' continuing with the easterly right-of-way
line of said Mytlewood Drive to the POINT OF BEGINNING and containing
0.3548 acre (15,455 square feet) of land more or less.
Compiled by:
C.L. Davis & Company
Land Surveying
Job Number: 11-366 E No.1
November 26, 1996
Exhibit "B"
METES AND BOUNDS DESCRIPTION
150' SANITARY BUFFER ZONE
AROUND LONGWOOD TREATMENT PLANT
EASEMENT NO. 2
0.0282 ACRE OUT OF LOT 64
GEORGE JENKINS SUBDIVISION
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 0.0282 acre out of Lot 64 George Jenkins Subdivision
according to the plat thereof filed in Vol. 79, Pg. 618, Brazoria County Deed
Records and being out of that certain tract described in a deed dated 10-11-
1994 from W.E. Mitchell, Trustee, to Greenwood Development, Inc. filed in
Official Records of Real Property of Brazoria County at Clerk's File No. R -
130725, Film Code No. 501-63-1471, and being more particularly described
by metes and bounds as follows;
Beginning at a found 5/8" iron rod marking the most southeast corner of
said Greenwood Tract and said point being on the northerly right-of-way line
of Dixie Farm Road (120' wide);
Thence S 58° 30' 40" W - 89.17' with the northerly right-of-way line of
said Dixie Farm Road to a point on a curve to the right having a radius of
204.21' and a central angle of 24° 30' 29";
Thence with said curve an arc distance of 87.35' and a chord bearing and
distance of N 44° 07' 15" E - 86.69' to a point for corner;
Thence S 45° 04' 22" E - 22.16' with the most easterly line of said
Greenwood Tract to the POINT OF BEGINNING and containing 0.0282 acre
(1,230 square feet) of land more or Tess.
Compiled by:
C.L. Davis & Company
Land Surveying
Job Number: 11-366 E No.2
November 26, 1996
Exhibit "C"
METES AND BOUNDS DESCRIPTION
150' SANITARY BUFFER ZONE
AROUND LONGWOOD TREATMENT PLANT
EASEMENT- NO. 3
0.0546 ACRE OUT OF LOT 64
GEORGE JENKINS SUBDIVISION
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 0.0546 acre out of Lot 64 George Jenkins Subdivision
according to the plat thereof filed in Vol. 79, Pg. 618, Brazoria County Deed
Records and being out of that certain tract described in a deed dated 12-17-
1993 from South Corridor One, LTD. To Patricia L. Casey and Irwin Feig as
filed in Official Records of Real Property of Brazoria County at Clerk's File
No. 93-046942, and being more particularly described by metes and bounds
as follows;
Beginning at a found 3/8" iron rod on the southerly right-of-way line of Dixie
Farm Road (120' wide) and marking the most easterly corner of the said
Casey Tract;
Thence S 44° 40' 46" W - 160.99' with the northwesterly line of
Longwood Park Subdivision according to the plat thereof filed in Vol. 5,
Pg. 7, Brazoria County Plat Records to a point on a curve to the right having
a radius of 173.35' and a central angle of 18° 45' 20";
Thence with said curve an arc distance of 56.74' and a chord bearing and
distance of N 14° 27' 14" E - 56.49' to a point for corner;
Thence N 58° 54' 18" E - 115.72' with the southerly right-of-way line of
said Dixie Farm Road to the POINT OF BEGINNING and containing 0.0546
acre ( 2,376 square feet) of land more or less.
Compiled by:
C.L. Davis & Company
Land Surveying
Job Number: 11-366 E No.3
November 26, 1996
C.L. DAVIS
e;o 4464�! /
rLp°.ass:°:��'
& U R' . .
Exhibit "D"
METES AND BOUNDS DESCRIPTION
150' SANITARY BUFFER ZONE
AROUND LONGWOOD TREATMENT PLANT
EASEMENT NO. 4
0.1947 ACRE OUT OF LOT 6, BLOCK 3
LONGWOOD PARK SUBDIVISION
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 0.1947 acre out of Lot 6, Block 3 Longwood Park
Subdivision according to the plat thereof filed in Vol. 5, Pg. 7, Brazoria
County Plat Records and being more particularly described by metes and
bounds as follows;
Beginning at a point on the westerly right-of-way line of Myrtlewood Drive
(60' wide) at its intersection with the most westerly north line of that
certain tract described in a deed dated 7-10-1964 from Paul D. Long to City
of Pearland filed in Vol. 895, Pg. 906, Brazoria County Deed Records;
Thence S 27° 44' 00" W - 168.24' with the westerly right-of-way line of
said Myrtlewood Drive to a point on a curve to the left having a radius of
519.04' and a central angle of 02° 09' 53";
Thence with said curve and continuing with the westerly right-of-way line of
said Myrtlewood Drive an arc distance of 19.61' and a chord bearing and
distance of S 25° 14' 18" W - 19.61' to a point on a curve to the right
having a radius of 173.35' and a central angle of 34° 48' 38";
Thence with said curve an arc distance of 105.32' and a chord bearing and
distance of N 12° 19' 45" W - 103.71' to a point for corner;
Thence N 44° 40' 46" E - 1 12.64' with the northwesterly line of said Lot 6
to a found 3/4" iron rod for corner;
Thence S 63° 30' 08" E - 33.07' with the most westerly north line of said
City of Pearland Tract to the POINT OF BEGINNING and containing 0.1947
acre (8,483 square feet) of land more or less.
Compiled by:
C.L. Davis & Company
Land Surveying
Job Number: 11-366 E No.4
November 26, 1996
Exhibit "E"
METES AND BOUNDS DESCRIPTION
150' SANITARY BUFFER ZONE
LONGWOOD TREATMENT PLANT
EASEMENT NO. 5
0.1415 ACRE OUT OF
LONGWOOD PARK SUBDIVISION
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 0.1415 acre out of Longwood Park Subdivision according to
the plat thereof filed in Vol. 5, Pg. 7, Brazoria County Plat Records and
being a residue of that certain tract as described in a deed dated 7-20-1962
from W. T. Eignus to Paul D. Long, Trustee, filed in Vol. 826, Pg. 196,
Brazoria County Deed Records and being more particularly described by
metes and bounds as follows;
Beginning at a found 5/8" iron rod in concrete marking the northeast corner
of Lot 19, Block 10 of said Longwood Park Subdivision;
Thence S 65° 10' 35" E - 57.42' to a point for corner being in the
centerline of Clear Creek;
Thence S 13° 08' 17" W - 40.38' with the centerline of Clear Creek to a
point for an angle point;
Thence 5 02° 53' 07" W - 44.84' continuing with said centerline of Clear
Creek to a point on a curve to the right having a radius of 158.99' and a
central angle of 24° 49' 54";
Thence with said curve an arc distance of 68.19' and a chord bearing and
distance of S 83° 55' 01" W - 68.37' to a point for corner;
Thence N 13° 18' 10" E - 118.64' with the east line of said Lots 18 and
19, Block 10 of said Longwood Park Subdivision to the POINT OF
BEGINNING and containing 0.1415 acre (6,164 square feet) of land more or
less.
Compiled by:
C.L. Davis & Company
Land Surveying
Job Number: 11-366 E No.5
November 26, 1996
M & 6 11-365E no. 5
Exhibit "F"
METES AND BOUNDS DESCRIPTION
150' SANITARY BUFFER ZONE
AROUND LONGWOOD TREATMENT PLANT
EASEMENT NO. 6
0.0329 ACRE OUT OF
PERRY & AUSTIN SURVEY, ABSTRACT 55
PEARLAND, HARRIS COUNTY, TEXAS
All that certain 0.0329 acre out of the Perry & Austin Survey, Abstract 55,
and being a portion of that certain tract 2A as described in a deed dated 6-
28-1985 from James A. Wood to Harris County Flood Control District as
filed in Official Records of Real Property of Harris County, Texas, at Clerks
File Number K-159547, Film Code Number 023-69-1155, and being more
particularly described by metes and bounds as follows;
Commencing at a found 5/8" iron rod marking the northeast corner of Lot
19, Block 10 Longwood Park Subdivision according to the plat thereof filed
in Vol. 5, Pg. 7, Brazoria County Plat Records; Thence N 59° 42' 05" E -
376.07' to a point marking the POINT OF BEGINNING of herein described
tract;
Thence N 72° 56' 08" E - 9.87' with the centerline of Clear Creek to a
point for corner;
Thence S 77° 35' 17" E - 57.33' continuing with the centerline of Clear
Creek to a point on a curve to the right having a radius of 210.79' and a
central angle of 10° 41' 04";
Thence with said curve an arc distance of 39.31' and a chord bearing and
distance of S 26° 34' 58" W - 39.25' to a point on a curve to the right
having a radius of 465.00' and a central angle of 05° 46' 16";
Thence with said curve an arc distance of 46.84' and a chord bearing and
distance of N 47° 53' 08" W - 46.82' to a point for corner;
Thence N 45° 00' 00" W - 18.57' to the POINT OF BEGINNING and
containing 0.0329 acre (1,435 square feet) of land more or less.
Compiled by:
C.L. Davis & Company
Land Surveying
Job Number: 11-366 E No.6
November 26, 1996
Exhibit "G"
METES AND BOUNDS DESCRIPTION
150' SANITARY BUFFER ZONE
AROUND LONGWOOD TREATMENT PLANT
EASEMENT NO. 7
0.0512 ACRE OUT OF
PERRY & AUSTIN SURVEY, ABSTRACT 55
PEARLAND, HARRIS COUNTY, TEXAS
All that certain 0.0512 acre out of the Perry & Austin Survey, Abstract 55,
and being a portion of that certain tract 2A as described in a deed dated 6-
28-1985 from James A. Wood to Harris County Flood Control District as
filed in Official Records of Real Property of Harris County, Texas, at Clerks
File Number K-159547, Film Code Number 023-69-1155, and being more
particularly described by metes and bounds as follows;
Commencing at a point in the centerline of Clear Creek and on the south
right-of-way line of Dixie Farm Road (right-of-way varies) and marking the
most westerly corner of said Tract 2A; Thence S 44° 48' 50" E - 41.41'
with the centerline of said Clear Creek to the POINT OF BEGINNING of
herein described tract, and being a point on a curve to the right having a
radius of 181.51' and a central angle of 54° 15' 40";
Thence with said curve an arc distance of 171.89' and a chord bearing and
distance of S 44° 48' 50" E - 165.54' to a point for corner;
Thence N 44° 48' 50" W - 165.54' with the centerline of Clear Creek to
the POINT OF BEGINNING and containing 0.0512 acre (2,230 square feet)
of land more or less.
Compiled by:
C.L. Davis & Company
Land Surveying
Job Number: 11-366 E No.7
November 26, 1996
Exhibit "H"
METES AND BOUNDS DESCRIPTION
150' SANITARY BUFFER ZONE
AROUND LONGWOOD TREATMENT PLANT
EASEMENT NO. 8
0.0517 ACRE OUT OF
GEORGE JENKINS SUBDIVISION
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 0.0157 acre out of the George Jenkins Subdivision according to
the plat thereof filed in Vol. 79, Pg. 618, Brazoria County Deed Records and being
a portion of a gap found between the monumented property lines for those certain
tracts as described in Official Records of Real Property of Brazoria County at
Clerk's File Number D-429357 and R-130725 for Lot 64 and D-952550 for Lot 63
of said George Jenkins Subdivision and being more particularly described by metes
and bounds as follows;
Beginning at a found 5/8" iron rod marking the southeast corner of that certain
tract described in a deed dated 10-1 1-1994 from W. F. Mitchell, Trustee, to
Greenwood Development, Inc. 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 on the northerly right-of-way line of Dixie Farm Road;
Thence N 58° 36' 19" E - 32.22' with the northerly right-of-way line of Dixie
Farm Road (right-of-way varies) to a found 5/8" iron rod for corner;
Thence N 45° 19' 38" W - 20.83' with the west line of said Lot 63, George
Jenkins Subdivision as established by that certain deed dated 8-09-1973 from
Curtis Torno, Trustee, to Clear Creek Property, LTD, filed in Official Records of
Real Property of Harris County at Clerk's File Number D-952550, Film Code
Number 166-26-0829 to a point on a curve to the left having a radius of 204.21
and a central angle of 09° 07' 09";
Thence with said curve an arc distance of 32.50' and a chord bearing and
distance of S 60° 56' 04" W - 32.47' to a point for corner;
Thence S 45° 04' 22" E - 22.16' with the east line. of said Greenwood
Development, Inc. tract to the POINT OF BEGINNING and containing 0.0157 acre
(685 square feet) of land more or Tess.
Compiled by:
C.L. Davis & Company
Land Surveying
Job Number: 11-366 E No.8
November 26, 1996