Ord. 1271 06-12-06ORDINANCE NO. 1271
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE A WATER AND SEWER EASEMENT AND A TEMPORARY
CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF UTILITY
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 utility 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 a water and sewer easement and a temporary construction
easement to certain property for the construction of utility 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 utility improvements on certain real
property located in Brazoria, 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 Exhibits "A,"
"B" and "C" attached hereto and incorporated herein for all purposes.
ORDINANCE NO. 1271
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 the property, described in Exhibits "A," "B" and "C" 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 utility 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 12th day of June,
A. D., 2006.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
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TOM REID
MAYOR
EXHIBIT "A"
EASEMENT 24
METES AND BOUNDS DESCRIPTION
24,918 SQUARE FEET OUT OF
H. T. & B. R. R. COMPANY SURVEY, ABSTRACT - 308
PEARLAND, BRAZORIA COUNTY, TEXAS
All tint certain 24,918 square feet out of H. T. & B. R. R. Company Survey, Abstract — 308,
Pearlard, Brazoria County, Texas and being out of that certain tract as described in a deed dated
03-16- 982 from Cudd Pressure Control, Inc. to Turner Tool Joint Rebuilders as filed in Volume
1632, Page 106 Brazoria County Deed Records and being more particularly described by metes and
bounds as follows (Bearings based on Texas Coordinate System of 1983, South Central Zone);
Beginning at a point marking the intersection of the easterly right-of-way line of State Highway 35
(right-of-way varies) and the northerly right-of-way line of Industrial Drive (right-of-way varies) as
established by that certain deed dated 06-21-1985 from Terry Gray, et al to City of Pearland as filed
in Volume (85) 157, Page 382 Brazoria County Official Records;
1. Th mce N 32° 07' 17" W — 595.25' with the easterly right-of-way line of said State Highway 35
to a point for corner from which a found 1/2" iron rod bears N 86° 35' 59" E — 1.21' for
ref3rence;
2. Th mce N 86° 35' 59" E — 39.91' with the northwesterly line of said Turner Tool Joint Rebuilders
tract to a point for comer;
3. Th:nce S 32° 07' 17" E — 556.07' to a point for corner;
4. Thi;nce S 64° 55' 36" E — 150.56' to a point for corner;
5. Thence N 79° 35' 13" E — 93.55' to a found 5/8" iron rod found for corner;
6. Thi,nce S 03° 23' 47" E — 10.08' with the east line of said Turner Tools Joint Rebuilders tract to a
point for comer;
7. Thence S 79° 35' 13" W — 94.48' with the north right-of-way line of said Industrial Drive to a
point for corner;
8. Thence N 76° 03' 47" W — 159.77' continuing with the north right-of-way line of said industrial
Drive to the POINT OF BEGINNING and containing 24,918 square feet of land more or less.
Thi; 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: 24 - Easement 11-421-71 24,918 sq ft M&B.doc
01- 10-200(
24 - Easerrreii: 11-421-71 24,918 sq ft M&8
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City of Pearland
EXHIBIT
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3
February 8, 2006
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement (TCE) totaling 17,462 square feet will be needed to
construct the sanitary sewer line. The temporary construction easement is 25 foot in
width and adjacent and parallel to the permanent easement. The temporary construction
easement is utilized for a short period of time during the actual construction of the
sanitary sewer line. However, the easement rights are, from a practical point of view,
considered to extend for a one year period of time. For this reason, it is our opinion the
best technique used to determine an appropriate value for the one year temporary use of
the land would be to determine the typical rate of return required by a property owner
when leasing property. A rate of 10% a year is considered appropriate for the subject
property. A period of one year has been considered. Utilizing these value estimates, total
just compensation due the property for the TCE is computed as follows:
TCE: 17,462 SF @ $3.50/SF x 10% x 1 year: $ 6,112
Value of Temporary Construction Easement: $ 6,112
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