Ord. 1272 06-12-06ORDINANCE NO. 1272
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. 1272
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:
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DARRIN M. COKER
CITY ATTORNEY
2
TOM -REV?
MAYOR
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EXHIBIT "A"
EASEMENT 4
METES AND BOUNDS DESCRIPTION
1,619 SQUARE FEET OUT OF LOT 119
SUBDIVISION OF SECTION NO. 1
A.C.H. & B. SURVEY, ABSTRACT NUMBER — 147
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 1,619 square feet out of Lot 119, 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 point a found 1/2" iron rod bears N 15° 03' 41" W — 0.28' for reference; Thence S 32° 12'
33" E — 100.31' with the easterly right of way line of said a State Highway 35 to the POINT OF
BEGINNING of herein tract;
1. Thence N 87° 26' 45" E — 28.77' with the north line of that certain tract described in a deed dated
02-04-1998 From Darrell Dean Thomas to Lauro Jimenez, et al as filed in Official Records of Real
Property of Brazoria County at Clerk's File Number 98-007797 to a point for corner;
2. Thence S 32° 12' 33" E — 64.44' to a point for corner;
3. Thence S 86° 19' 25" W — 28.46' with the southerly line of said Jimenez tract to a point for corner
from which a found 1/2" iron rod bears N 32° 44' 21" W — 0.60' for reference;
4. Thence N 32° 12' 33" W — 65.08' with the easterly right-of-way line of said State Highway 35 to the
POINT OF BEGINNING and containing 1,619 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: 04 - Easement 11-421-71 1,619 sq ft M&B.doc
01-21-2006
04 - Easement 11-421-71 1,619 sq ft M&B.doc
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EXHIBIT
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DAMAGES/ENHANCEMENTS TO THE REMAINDER
February 8, 2006
If there is a difference between the value of the remainder before and after the
acquisition, the result will be reflected as damages or an enhancement to the remainder.
In the State of Texas, only the value of the part taken and damages to the remainder, or
cost to cure said damages, are considered when computing just compensation due a
property owner as a result of the public taking.
In this appraisal, there is no difference in the values estimated for the remainder
before and after the acquisition; therefore, there are no damages to the remainder:
Remainder Before the Taking: $ 27,846
Remainder After the Taking: $ 27,846
Damages to the Remainder: $ 0
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement (TCE) totaling approximately 1,611 square feet will
be needed to construct the sanitary sewer line. The 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: 1,611 SF @ $5.00/SF x 50% x 10% x 1 year: $ 403
Value of Temporary Construction Easement: $ 403
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