Ord. 1274 06-12-06ORDINANCE NO. 1274
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 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 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"
and "B" 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. 1274
acquire the property, described in Exhibits "A" and "B" 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:
UNG
TY S RETA
C
APPROVED AS TO FORM:
CazAILL-it)'1 . eliCei.
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
EXHIBIT "A"
EASEMENT 12
METES AND BOUNDS DESCRIPTION
4,642 SQUARE FEET OUT OF
LOT A, MEDEARIS SUBDIVISION
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 4,642 square feet out of Lot A, Medearis Subdivision, according to the plat
thereof as filed in Volume 18, Page 351-352 Brazoria County Plat Records, Pearland, Brazoria
County, Texas and being out of that certain tract as described in a deed dated 03-10-2004 from
Metrobank, N.A. to YYConnect Consulting, Inc. as filed in Official Records of Real Property of
Brazoria County at Clerk's File Number 2004-015353 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 found 1/2" iron rod marking the south corner of said Lot "A";
1. Thence N 32° 06' 40" W — 158.85' with the easterly right-of-way line of State Highway
35 (right-of-way varies) to a point marking the point of curvature of a curve to the right
having a radius of 40.00' and a central angle of 67° 58' 32";
2. Thence with said curve and continuing with the easterly right-of-way line of said State
Highway 35 an arc distance of 47.46' and a chord bearing and distance of
N 01 ° 52' 36" E — 44.72' to a point for comer;
3. Thence S 32° 06' 40" E — 195.93' to a point for corner;
4. Thence S 57° 53' 20" W — 25.00' with the southeasterly line of said Lot "A" to the
POINT OF BEGINNING and containing 4,642 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: 12 - Easement 11-421-71 4,642 M&B.doc
01-20-2006
12 - Easement 11-421-71 4,642 M&B.doc
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