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Ord. 1078 09-23-02ORDINANCE NO. 1078 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. 1078 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: UNG Y SRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 TOM R ID MAYOR n 0-144 ((fa NUM CUBIT l'ENULEY & ASSOCIATES (FRI)00.06'02 13:II/ST. 13:02/NO.3560404722 ? 2/5 EXHIBIT A EASEMENT "K" METES & BOUNDS DESCRIPTION 7,556 SQUARE FEET OUT OF COMMERCIAL RESERVE, BLOCK 7 WEST LEA SUBDIVISION, SECTION 2 - PEARLAND, BRAZORIA COUNTY, TEXAS All that certain 7,556 square feet being a proposed 25' wide water & sewer easement out of Commercial Reserve, Block 7, West Lea Subdivision, Section 2 according to the plat thereof filed in Volume 11, Page 69-70 Brazoria County Plat Records and being out of those certain Tract IV and Tract III as described in a deed dated 06-26-1986 from Phoenix Contracting, Inc. to Melvin L. Emmons, et ux as filed in Volume (86)303, Page 776 Brazoria County Official Records and being more particularly described by metes and bounds as follows; (Bearings based on the east right-of-way line of Farm Market Road 1128 to be due north per the recorded plat of West Lea) Beginning at a found 5/8" iron rod marking the north right-of-way line of Mockingbird Lane (60' wide) and the east right-of-way line of Farm Market Road 1128 and marking the southwest corner of said Tract IV; 1. Thence North — 302.25' with the said east right-of-way line of Farm Market Road 1128 to a found 1/2' iron rod marking the northwest corner of said Tract III; 2. Thence N 89° 55' 00" E — 25.00' with the north line of said Tract III to a point for corner; 3. Thence South — 302.25' to a point for corner; 4. Thence S 89° 55' 00" W — 25.00' with the south line of said Tract IV to the POINT OF BEGINNING and containing 7,556 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 K.doc 12/14/01 9:06 AM 11-421-59 W&5 Esmt Kda SEP 06 2002 14:08 7136902201 PAGE.02 o� RI m C9 IV Zazz06S2tL D 11 m 19 t� —x L. VV. iVlH.]..7G 1, C I u, —fi ---X X x _ --x — TO '� X MYRTLE MASSEY MEADE (VOL. 708, PG. 110 BCDR) 01-02-1957 ✓✓ x— TO -x NCA THUY NGUYEN, ET AL (00-051127 BCOR) 1 1 -22-2000 PROPOSED 25' WATER de SEWER EASEMENT 7,556 SQUARE FEET 1 B'CP Z ecN V8 0 ' PI F. M. 1 128 (ASPHALT PAVEMENT) CALLED CENTERLINE F. M. 1128 (VOL. 11, PG. 59-70.8. C.'P. R.) P.O:B.: FND.5/8 7R 3 �S 89'55'00" W 0 25.00' 0 0 0 a o 0 a - TOP PUNK -43 DITCH TOP B NORTH 302.25' CO3`ICRErE TRACT IV PHOENIX CONTRACTING, INC. TO MELVIN L. EMMONS, ET UX (VOL. (86)303, PG. 776 BCOR) 0 06-26-1986 a 0. • 1 STORY FRAME a 1 0 3 4-CAS UNE (PEA PLAN) 0 SOUTH 302,25' TRACT AI PHOENIX CONTRACTING, INC. To MIELVIN L. aimaVS, ET UX (VOL. (86)303, PG. 776 BCOR) 06-26-1986 0 1- • COMMERCIAL RESERVE, BLOCK 7 WEST LEA , SECTION 2 (VOL. 1 1, PG. 69-70 B.C.P.R.) NOTES : 1. THE BASIS OF BEARINGS SHOWN IS REFERENCED TO THE EAST R/W UNE OF F.M. 1128 TO BE OUE NORTH BASED ON WEST LEA SUBDIVISION (VOL. 10, PG. 33-34 B.C.P.R.) 2. FOR ADDITIONAL RESTRICTIONS SEE RESTRICTIVE COVENANTS. 3. THIS SURVEY PLAT IS ACCOMPANIED BY A SEPARATE METES ANO BOUNDS DESCRIPTION PER TEXAS BOARD OF PROFESSIONAL LAND SURVEYOR'S "GENERAL RULES OF PROCEDURES AND. PRACTICES" SECTION 653,19(9). fN 89 55'00" E 25.00' MARY AUCE ROMO TO FEDERICO GONZALEZ & MARIA A. GONZILE7 (93-038627 BCOR) 10-22-1993 CI, DAVIS & CO, Fp w ENOSWTOCu, TEXAS 77540 LAND SURVEYING 21"-452-9is° 25' WATER & SEWER EASEMENT 7,556 SQUARE FEET OUT OF COMMERCIAL RESERVE, BLOCK 7 WEST LEA, SECTION 2 (VOL, 11, PG. 69-70 B.C,P.R.) PEARLAND, BRAZORIA COUNTY, TEXAS 0A1E: 12-03-2001 . 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