Ord. 1079 09-23-02ORDINANCE NO. 1079
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 WATER AND
SEWER 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 WATER AND SEWER 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 water and sewer
improvements along F.M. 1128; and
WHEREAS, accordingly, the City Council hereby acknowledges that it is in the
public's best interest to acquire an easement to construct water and sewer 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 water and sewer 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.
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. 1079
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 water and sewer
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 23 day of
September , A. D., 2002.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
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TOM REID
MAYOR
mum UUbb YYNUL,..Y & ASSUC!A1ES
(FRI) 00. 06' 02 13: 11/ST. 13:02/No. 3560404722 P 4/5
EXHIBIT A
EASEMENT "Q"
METES & BOUNDS DESCRIPTION
3,250 SQUARE FEET OUT OF
COMMERCIAL RESERVE, BLOCK 12
WEST LEA .SUBDMSION, SECTION 3
PI=ARLAND, BRAZORIA COUNTY, TEKAS
All that certain 3,250 square feet being a proposed 25' wide water & sewer easement
out of Commercial Reserve, Block 12, West Lea Subdivision, Section 3 according to the
plat thereof filed in Volume 12, Page 23-24 Brazoria County Plat Records and being out
of that certain tract as described in a deed dated 02-23-1999 from Kenneth Jackson, et
ux to Suzanne P. Spoon as filed in Official Records of Real Property of Brazoria County
at Clerk's File Number 99-014804 and being more particularly described by metes and
bounds as follows; (Bearings based on the east right-of-way line of Farrn Market Road
1128 to be due north per the recorded plat of West Lea)
Commencing at the intersection of the south right-of-way line of Mockingbird Lane (60'
wide) and the east right-of-way line of Farm Market Road 1128; Thence South —
784.50' with the said east right-of-way line of Farm Market Road 1128 to a found 1"
iron rod marking the . northwest comer of said Spoon tract and the POINT OF
BEGINNING of herein described tract;
1. Thence N 89G 55' 00" E — 25.00' with the north line of said Spoon tract to a point
for corner;
2, Thence South—130.00'to a point for corner;
3. Thence S 89° 55' 00" W 25.00' with the south line of said Spoon tract to a
found 1/2" iron rod for corner;
4. Thence North 130.00' with the said east right-of-way Tine of Farm Market Road
1128 to the POINT OF BEGINNING and containing 3,250 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: 11-421-59 W&S Esmt Q.doc
12/14/01 1:09 PM
11-421-59 W&S Esmt Q.ax
SFP GIP ',PIM, 1 d: Mg
71 ZPQG177G11 PO= MA
i0ZZ069EIG
OW. MANSEYI ET UX
x x x--- 7O x
MYRTLE MASSEY MEADE
(VOL. 708, PC. 110 BCOR)
01-02-1957
PROPOSED
25' WATER &
SEWER EASEMENT
3,250 SQUARE FEET
LLED CENTERLINE F. M. 1128
F. M, 1 128 /(vOL. 12, PC. 23-24 B.C.P.R.)
(ASPRILT PAVEMENT)
TOP BANK \
--tea DITCH---%‘Q\
S 83455'a0' W
25.00'
JAMES R. RAU, M.D., TRUSTEE
TO
FRANK TREVINO, ET UX
(VOL. f 59J, PS JJ BCDR)
09-09-1981
4'QAS UNE
(PER PLAN)
NORTH
SOUTH
DRIVE
24
130.00'
CONCRETE
tf.30. 00
KENNETH JACKSON, ET UX
TO
SUZANNE P. SPOON
(99-014804 BOOR)
02-23- 1999
1.D.
F
ofF-
0
COMMERCIAL RESERVE, BLOCK 12
WEST LEA , SECTION 3
(VOL. 12, PG. 23-24 B.C.P.R.)
NOTES :
1. THE BASIS OF BEARINGS SHOWN IS REFERENCED TO THE EAST
�R�/�Y UNE OF•F.M. 112E TO BE DUE NORTH BASED ON
WEST LEA SUBDMSION (VOL 10, PG. 33-34 B.C.P.R.)
2. FOR ADDITIONAL RESTRICTIONS SEE RESTRICTIVE •COVENANTS.
3, THIS SURVEY PLAT IS ACCOh1PANIED HY A SEPARATE ,METES AND
BOUNDS DESCRIPTION PER TEXAS BOARD OF PROFESSIONAL LAND
SURVEYOR'S 'GENERAL RULES OF PROCEDURES AND PRACTICES"
SECTION 66l19(9),
P. 0 8.:
FND.1 " IR
COMMENCING POINT 1
SOUTH 784.50'
N 89'55'0O' E
25.00'
z JAMES R. RAU, M.D., TRUSTEE
TO
SAM R. VENABLE, ET UX
(VOL. 1630, Pa 7J4 BCDR)
03-12-1982
s0•
c
C.L. DAVIS & CO. ism 1ND 'AY
• FRB',IDS' QOO. TEXAS 77548
LAND SURVEYING 2al-4a2-24 a
25WATER Se SEWER EASEMENT
3,250 SQUARE FEET OUT OF
COMMERCIAL RESERVE, BLOCK 12
WEST LEA, SECTION 3
(VOL 12, PG. 23-24 B.C.P.R,)
PEARLAND BRAZORIA COUNTY, TEXAS
DATE )2-07-4001 5 LE: 1" - 4d Idaa N0.1 411-SBESMT-1I4a
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