Ord. 1270 06-12-06ORDINANCE NO. 1270
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. 1270
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
TOM REID
MAYOR
EXHIBIT A
EXHIBIT "A"
EASEMENT 9
METES AND BOUNDS DESCRIPTION
14,400 SQUARE FEET OUT OF LOT 124
SUBDNISION OF SECTION NO. 1
A. C. H. & B. SURVEY, ABSTRACT NUMBER147
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 14,400 square feet out of Lot 124, Subdivision of Section No. 1, A. C. H. & B. Survey,
Abstract Number 147, according to the plat thereof as filed in Volume 2, Page 1 Brazoria County Plat
Records, Pearland, Brazoria County, Texas, and being more particularly described by metes and bounds
as follows; +;Bearings based on Texas Coordinate System of 1983, South Central Zone);
Commencing at a point marking the southeasterly intersection of the southerly right-of-way line of
Swensen Road (50' wide) and the easterly right-of-way line of State Highway 35 (right-of-way varies)
from which a found 1/2" iron rod bears N 15° 03' 41" W — 0.28' for reference; Thence S 32° 12' 33" E —
901.90' with the easterly right-of-way line of said State Highway 35 to a point for corner; Thence N 86°
24' 56" E — 5.70' with the northwesterly line of that certain tract as described in a deed dated 12-31-1999
from Western Atlas International, Inc. to Baker Hughes Oilfield Operations, Inc. as filed in Official
Records of Real Property of Brazoria County at Clerk's File Number 99-057534 to the POINT OF
BEGINNING of herein described tract;
1. Thence N 86° 24' 56" E — 22.78' continuing with the northwesterly line of said Baker Hughes
Oilfield Operations Inc., tract to a point for comer;
2. Thence S 32° 12' 33" E — 720.02' to a point for corner;
3. Thence S 86° 25' 19" W — 22.79' with the northwesterly line of that certain tract described in a
deed dated 05-24-1996 from Gary L. Duke et al, to Clayton Dykes as filed in the Official Records
of Real Property of Brazoria County at Clerk's File Number 96-020947 to a point for corner;
4. Thence N 32° 12' 33" W — 720.01' with the easterly right-of-way line of said State Highway 35
to the POINT OF BEGINNING and containing 14,400 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 Sc Company
Job Number: 09- Easement 11-421-71 14,400 sq ft M&B.doc
1/21/06 10:34 AM
09- Easement 11-421-71 14,400 sq ft M&B.doc
EXHIBIT B
.o (,+ n) Z
0
N (n -i C 73 -1 N -1 --I V 0 'A --4 -I
C= Z Z rn= 0 m= .v O A= m
�rX OCm rvm Z r+ rOm cn
-Cz=1 V/r umim rn(n CA 1-�1 rn V)
C
>=r O Zr- 0L -< -<
0m 0 (n rr+77
T) r-' Z X ; Qm'C
Z o 1D --11 O�� 17 -QQD C-I Tye
rn c
O-Imm ZCm -<z (>DAZ
tD� -I x4 E g rn0r0
rn00 r^ 0 rn t°mm-t
mlmil v--IM '�2 th 000W 0
;5.-.. CmZ c�Z�
�� Z0 (Dm• mm-_I
V)Zm
^' O = G 0 0
-i = 1./1 O Nml O x -1
-ate C> Om In2
- X Z m
rn0 >= --1
Z m O 0
rnmM45 rn 7, 0 in > C
DmK•n nrn COL
O ZOo Wimmyn
- ,111 m��
2
m
o
'VC CID
* • 1300
mu7J73
X -0 CO CO m
MZNNN
lO O X A 73
>� >000
zzzz
C)CCC
z
O'r00
PI
0
h0
rtl
7 m
0z 00
rn
0
0
rn
1 >
1:7 A2=
0 0 0 4
O 4 0 0
C
boz<
),z 0r1
>w
nr m
j Z -
(i13
r` �0--
0 r. N n
O C -4>
^) A Z:-) C)
2 -)<ZC)
A A>
') "4 m
(7 > 0
al
0y
1� :O
p
C
io 0 - 7S
r,n0
T
rn
0
0
O
0
A
0
lawn
24.
0
ro Ao
- 0 C
OOp r'<'tp2?
D
0 rn
W Orn
C 2 w u
Z rn rn 0
�25
_1
m z0
▪ z
( v o
iA
I�Tyly
"-1
to
CO -1
CD
f n
O -1
0 N
00
0z
gz
zmZ
(")A
mm
O
co
fn
C
m
n
O
n_
0
rnq�
Z
0
CD
X
a
zm
ON
=
o iS
O
0)
TL5
r-•
N
2
rri
N
O
CZ)O
c)
O
•
O
N
22.78'
t.D
b
n
rli
N 86'24'56" E
0
N
V
N
L
rri
2
4
tv
U.
e
to
00
A 0)) IV
Cn
�
a
0
N
V
tv
LA
r'
N 86'24'56" E
BEARING
Si
o
z
o
EXHIBIT "B"
407.
(ot '?J
'?0
hi
73 rn
IA
7Dh
to
GI z r- O R°
N
City of Pearland
TEMPORARY CONSTRUCTION EASEMENT
February 7, 2006
A Temporary Construction Easement (TCE) totaling approximately 18,000 square feet
will be needed to construct the sanitary sewer line. The easement is 25 feet in width and
is adjacent and parallel to the permanent acquisition. 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: 18,000 SF @ $4.00/SF x 10% x 1 year: $ 7,200
Value of Temporary Construction Easement: $ 7,200
Integra Realty Resources - Houston