Ord. 1074 08-26-02ORDINANCE NO. 1074
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE AN EASEMENT FOR THE CONSTRUCTION OF MUNICIPAL
IMPROVEMENTS INCLUDING, BUT NOT LIMITED TO WATER, SEWER
AND ROAD 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 municipal
improvements including, but not limited to water, sewer and road improvements along
Harkey Road; and
WHEREAS, accordingly, the City Council hereby acknowledges that it is in the
public's best interest to acquire an easement to construct water, sewer and road
improvements on certain real property described herein; 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 municipal improvements,
including, but not limited to water, sewer and road improvements on certain real property
located in Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition of an
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.
ORDINANCE NO. 1074
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 an easement to 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
requiring the acquisition of said easement as the construction of municipal services
including, but not limited to water, sewer and road 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 26th day of
August , A. D., 2002.
ATTEST:
APPROVED AS TO FORM:
i`t Ceiba,
DARRIN M. COKER
CITY ATTORNEY
2
1
TOM REID
MAYOR
EXHIBIT
PARCEL"H"
METES AND BOUNDS DESCRIPTION
3,566 SQUARE FEET OUT OF
H.T. & B. R.R. COMPANY SURVEY, ABSTRACT NUMBER — 546
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 3,566 square feet out of H.T. & B. R.R. Company Survey, Abstract
Number — 546 Pearland, Brazoria County, Texas and being out of that certain tract
described in a deed dated 03-01-2001 from M. Wayne Smith to Glenn Middleton as filed
in Official Records of Real Property of Brazoria County at Clerk's File Number 01-008908
and being more particularly described by metes and bounds as follows, with all bearings
based on the Texas State Plane Coordinate System, South Central Zone with all
distances expressed in surface feet;
Commencing at a set 5/8" iron rod with cap marking a point on the west right-of-way
line of Harkey Road (County Road 103) and the most easterly southeast corner of the
Amended Plat of West Oaks Section Four, Phase A according to the plat thereof filed in
Volume 20, Page 175-176 Brazoria County Plat Records from which point a found 1/2"
iron rod marking the most easterly southeast corner of Lot 26, Block 1 of said Amended
Plat of West Oaks Section Four, Phase A bears S 33° 18' 46" W — 3.41'; Thence S 02°
38' 10" E — 2,166.94' with the projection of the west right-of-way line of said Harkey
Road as established by said Amended Plat of West Oaks Section Four, Phase A to a set
5/8" iron rod with cap marking a point on the north line of said Middleton tract and the
POINT OF BEGINNING of herein described tract;
1. Thence N 87° 21' 50" E — 21.56' with the north line of said Middleton tract to a
found 5/8" iron rod with cap for corner;
2. Thence S 02° 40' 07" E — 165.00' with the monumented west right-of-way line of
said Harkey Road to a found 5/8" iron rod with cap for corner;
3. Thence S 87° 21' 50" W — 21.66' with the north line of that certain tract described
in a deed dated 09-25-1997 from Tuboscope Vetco International, Inc. to Machining
Specialists, Inc. as filed in Official Records of Real Property of Brazoria County at
Clerk's File Number 97-035464, to a set 5/8" iron rod with cap for corner;
4. Thence N 02° 38' 10" W — 165.00' with the proposed west right-of-way line of said
Harkey Road to the POINT OF BEGINNING and containing 3,566 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: 11-421-60 Esmt H.2 M&B.doc
8/22/02
11-421-60 Esmt H .2M&B.doc
AMENDED PLAT
WEST OAKS
SECTION FOUR
PHASE A
(VOL. 20, PG. 175-176 BCPR)
BLOCK 1 4j
�ry
"O
O g
di
Z
�mU
di W MARVIN WAYNE SMITH
• (VOL (85)197, PG. 105 BCOR)
pmS • 10-15-1985
Q (OWNERSHIP TO CENTERLINE ROAD)
1111
N
ti
O
CO
CO pq
8.00i INTEREST
TRACT ONE
EDWARD R. HUBBELL,S SUCCESSOR TRUSTEE
JAMES A. HUBBELL, ET AL• (95-002559 BCOR) HEAVILYwawa)01-12-1995
(OWNERSHIP TO CENTERLINE ROAD)
P.O.B.
SET 5/87R
M. WAYNE SMITH w C4P
TO
GLENN MIDDLETON
(01-008908 BCOR)
03-01-2001
ALSO SEE:
ALICE SMITH
TO
COMMENCING
POINT
SETw C45/81R
P
PARCEL "H'
PROPOSED ROAD WIDENING
3,566 Sq.Ft.
LIVE OAK FARMS
co
TOP BANK
C.L. DITCH
TOP BANK
SET 5/87R
w/CAP
TUBO / /a AMFC UBOSCOPE O� INC.
TO
MACHINING SPECIALISTS, INC.
(97-035464 BCOR)
09-25-1997
NOTES:
1. THE SURVEYOR HAS NOT ABSTRACTED THE SUBJECT
PROPERTY BUT HAS RELIED ON LAUCHER LAND TITLE
SERVICES TO PROVIDE DEED COPIES OF THE SUBJECT
PROPERTY AND ADJOINERS.
N 872150 E
21.56'
END.
5/87R
w/CAP
2. THE BASIS OF BEARINGS SHOWN IS REFERENCED TO THE
TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE (NAD B3).
Tur ol,i, nmirr no nIOOr.Iri1CAITC CUrwM uCOFAKI
ENCEN
Z
MONUMENTED
loo.00
FND.
58.44
FND.78.44
FND.
8.34'
FND.78.34
100.00;
S 8721 '50" W
21.66'
oe•23.2m
X
P —s LOT 1
BLOCK 5
WAGON WHEEL ADD'N
(VOL. 8, PG. 79 BCPR)
5320
DATE ERIC A. KREINER R.P.LS. No.
I HEREBY CERTIFY THAT THIS SURVEY WAS
MADE ON THE GROUND ON 03-12-2002
AND THAT THIS DRAWING SUBSTANTIALLY
COMPLIES WITH THE CURRENT TEXAS
SOCIETY OF PROFESSIONAL SURVEYORS
STANDARDS AND SPECIFICATIONS FOR A
CATEGORY 1A, CONDRION 2 SURVEY.
THIS CERTIFICATION IS REVOKED AND THE
SURVEY NULL AND VOID IF THIS DOCUMENT
IS ALTERED IN ANY MANNER, OR DOES NOT
BEAR AN ORIGINAL SEAL AND SIGNATURE OF
THE SURVEYOR: — - —