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Ord. 1260 03-27-06ORDINANCE NO. 1260 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE EASEMENTS FOR THE CONSTRUCTION OF DRAINAGE 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 drainage 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 easements to certain property for the construction of drainage 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 drainage improvements on certain real property located in Brazoria County, Texas. Section 2. The public convenience and necessity requires the acquisition of drainage easements, by donation, purchase, condemnation, or otherwise, of certain real property located within the City and situated in Brazoria County. Specifically the property described in Exhibits "A" and "B", attached hereto, shall be used for the location construction, operation and maintenance of drainage improvements, while the property described in Exhibit "C", attached hereto, shall serve as a temporary construction easement. Easement "A" ORDINANCE NO. 1260 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 of 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 27th day of March , A. D., 2006. ATTEST: UNG G, T Y S 'RETARY APPROVED AS TO FORM: Ca-‘,----- 11, Cizir DARRIN M. COKER CITY ATTORNEY 2 TOM REID MAYOR April 4, 2005 Job No. 1610-0202-002 DESCRIPTION OF 0.169 ACRE (7,375 SQUARE FEET) Being 0.169 acre (7,375 square feet) of land located in the H.T.&B.R.R. Co. Survey, Section 13, Abstract 240, Brazoria County, Texas, more particularly being a portion of that certain called 3.0 acre tract conveyed to West Side National Bank of Pearland, by instrument of record in Volume 1673, Page 678, Official Records, of said Brazoria County, (B.C.O.R.), and being a portion of Reserve "A" as shown on the Replat of Corrigan Addition, Section One, a subdivision of record in Volume 11, Pages 97 and 98, Plat Records, of said Brazoria County (B.C.P.R.), said 0.169 acre (7,375 square feet) being more particularly described by metes and bounds as follows (all bearings referenced to the Texas State Plane Coordinate System, South Central Zone); BEGINNING at a 1/2-inch iron rod found marking the southwest corner of said 3.0 acre tract and said Reserve "A", the northwest corner of Lot 1, Block 1 of said subdivision and on the easterly right-of-way line of Corrigan Drive (called 80 feet wide), the beginning of a curve whose center bears North 87° 30' 12" East; Thence, with the lines of said 3.0 acre tract and said Reserve "B", 15.08 feet along the arc of a curve to the right, having a radius of 126.50 feet, a central angle of 06° 49' 42" and a chord which bears North 00° 55' 03" East, 15.07 feet to a 5/8-inch iron rod with plastic cap stamped "LJA ENG." set for corner; Thence, leaving said west lines and with a line 15 feet north of and parallel to the south line of said 3.0 acre tract and said Reserve "A", South 83° 40' 04" East, 301.52 feet to a 5/8-inch iron rod with plastic cap stamped "LJA ENG." set for corner; Thence, continuing with said parallel line, South 77° 13' 40" East, 189.47 feet to a 5/8- inch iron rod with plastic cap stamped "LJA ENG." set for corner on the east line of said 3.0 acre tract and on the west line of that certain called 5.89 acre tract conveyed to Pearland Westside Associates Limited, by an instrument of record in File No. 00-042519, B.C.O.R.; Page 1 of 2 I:\Projdskl\SURVEY\1610\0202\M&B\wall 3 0.169ac.doc 0.169 acre April 4, 2005 Job No. 1610-0202-002 Thence, with the common line of said 3.0 and 5.89 acre tracts, South 02° 43' 53" East, 15.57 feet to a 5/8-inch iron rod with plastic cap stamped "LJA ENG." set for corner, the common south corner of said 3.0 and 5.89 acre tracts and on the south line of aforementioned Reserve "A"; Thence, with the south line of said 3.0 acre tract and said Reserve "A", North 77° 13' 40" West, 192.79 feet to a 1/2-inch iron rod found for corner; Thence, continuing with said south line, North 83° 40' 04" West, 299.25 feet to the POINT OF BEGINNING and containing 0.169 acre (7,375 square feet) of land. This description was prepared from a survey and plat prepared by the undersigned dated April 4, 2005. Jerry A. Davis Registered Professional Land Surveyor Texas Registration No. 1793 Page 2 of 2 I:\Projdskl\SURVEY\1610\0202\M&B\wall 3 0.169ac.doc LJA Engineering & Surveying, Inc. 0 0 a 0 4) v a cc 0 15 U w tin 0 0 cn 0 cO 0 N 2 W o Q g aaa��aa a b) 0 �N o ` U w 8 °'aon 4) U mama 1 a a� a 0 0�cl ph y0 O C --- n as 3 K Ein c O V� ti ow a WL. 0-> L.0 3 ,_ Oa O �Q UQ Q0C a Q C 1 0 'a U QC CIO 4) c)ZN�1 �a 4) Qi 3 o C a c o 0-U 3ao' o` a 0 c p.) U U L. �` o O O N a 0 0 a h _N g L � -- • 0N._ u)H ova 6 I ?i70-0O 'NJ ;n CV AR O S N s3 ! NI 5e' . a3)09'S �, Q 1 R, a311 WI 1 S31d1 IGSSt! N 2 R Sal S1S3M aNdl�id3d ` o • M In N n U W 0 O • d0'0'8 l�g` .ca • �- Lo W W F- Z r- =to Q C_ 665'6d'98l(S8J'lo� o ° re).. F- . J �ws3 /D!Jad/M a - y- - ,C Ju s3'd'8'7'H ,0/ k1L. . Z > r- Q a i` —WZW O co c ' w ? Q Z z 4J o o m 3 WmUW o etf Q � g W � N Q -� J Cr CC Q Q C (� U — > C m OOccF- o Q v j a JUOU o ,m w P n/ 61 • a 0 C .l CO' 4 O C9 cc m '� o�` (8 W W Ei s — o m a ,- . z h r _o i— N. = F- o'• = L)ao D �) 8 0• z 0) . Qo . Z C2-. L) -Q7 c0 LJ Y � CO a 0a . - co � J QJ . Z Q C..) O w > 0 0) (30/4i ;r) l0 3416, 0 0: co 0 T a > L 7 0 cu 0 U L 0 cv V) 0 0 J 0 0-O 0 >-P. t7 W 0 (0 C > 0 CI) .° .. `'-''- 0O 0 0 (, - Q 7O t'O a_ 4) Q) m Easement "B" January 23, 2006 Job No. 1610-0203-007 DESCRIPTION OF 0.247 ACRE (10,742 SQUARE FEET) CONSTRUCTION & MAINTENANCE EASEMENT Being 0.247 acre (10,742 square feet) of land located in the H.T.&B.R.R. Co. Survey, Section 13, Abstract 240, Brazoria County, Texas, more particularly being a portion of that certain called 3.0 acre tract conveyed to West Side National Bank of Pearland, by instrument of record in Volume 1673, Page 678, Official Records, of said Brazoria County, (B.C.O.R.), and being a portion of Reserve "A" as shown on the Replat of Corrigan Addition, Section One, a subdivision of record in Volume 11, Pages 97 and 98, Plat Records, of said Brazoria County (B.C.P.R.), said 0.247 acre (10,742 square feet) being more particularly described by metes and bounds as follows (all bearings referenced to the Texas State Plane Coordinate System, South Central Zone); COMMENCING for reference at a 1/2-inch iron rod found marking the southwest corner of said 3.0 acre tract and said Reserve "A", the northwest corner of Lot 1, Block 1 of said subdivision and on the easterly right-of-way line of Corrigan Drive (called 80 feet wide), the beginning of a curve whose center bears North 87° 30' 12" East, from which a 1/2-inch iron rod found marking an angle point in the south line of said 3.0 acre tract and said Reserve "A" bears South 83° 40' 04" East, 299.25 feet; Thence, with the with the common line of said 3.0 acre tract and said Corrigan Drive, 15.08 feet along the arc of a curve to the right, having a radius of 126.50 feet, a central angle of 06° 49' 42" and a chord which bears North 00° 55' 03" East, 15.07 feet to a found 5/8-inch iron rod with plastic cap stamped "LJA ENG." for the POINT OF BEGINNING; Thence, with the common line of said 3.0 acre tract and said Corrigan Drive, the following three (3) courses: 1) 113.54 feet along the arc of a curve to the right, having a radius of 126.50 feet, a central angle of 51 ° 25' 38" and a chord which bears North 30° 02' 44" East, 109.77 feet to a point for corner, the beginning of a curve; Page 1 of 3 I:\Projdsk1\SURVEY\1610\0203\M&B\cor construction esmt 0.247ac.doc 0.247 acre January 23, 2006 Job No. 1610-0203-007 2) 186.24 feet along the arc of a non -tangent curve to the left, having a radius of 201.25 feet, a central angle of 53° 01' 17" and a chord which bears North 29° 01' 14" East, 179.66 feet to a point for corner, the beginning of a reverse curve; 3) 6.55 feet along the arc of a tangent curve to the right, having a radius of 20.00 feet, a central angle of 18° 45' 21" and a chord which bears North 11 ° 53' 15" East, 6.52 feet to a point for corner; Thence, leaving said common line, North 87° 19' 36" East, 10.85 feet to a point for corner, the beginning of a curve; Thence, 65.88 feet along the arc of a non -tangent curve to the right, having a radius of 213.25 feet, a central angle of 17° 41' 59" and a chord which bears South 09° 22' 05" West, 65.62 feet to a point for corner, the beginning of a reverse curve; Thence, 10.64 feet along the arc of a tangent curve to the left, having a radius of 5.50 feet, a central angle of 110° 52' 19" and a chord which bears South 37° 13' 05" East, 9.06 feet to a point for corner; Thence, North 87° 20' 46" East, 11.25 feet to a point for corner; Thence, South 02° 39' 14" East, 85.62 feet to a point for corner; Thence, North 69° 32' 11" West, 55.09 feet to a point for corner, the beginning of a curve; Thence, 69.25 feet along the arc of a non -tangent curve to the right, having a radius of 221.25 feet, a central angle of 17° 55' 59" and a chord which bears South 48° 05' 51" West, 68.97 feet to a point for corner, the beginning of a reverse curve; Page 2 of 3 I:\Projdskl\SURVEY\1610\0203\M&B\cor construction esmt 0.247ac.doc 0.247 acre January 23, 2006 Job No. 1610-0203-007 Thence, 36.85 feet along the arc of a tangent curve to the left, having a radius of 15.00 feet, a central angle of 140° 45' 58" and a chord which bears South 13° 19' 09" East, 28.26 feet to a point for corner; Thence, South 83° 42' 08" East, 8.96 feet to a point for corner; Thence, South 06° 19' 29" West, 54.95 feet to a point for corner; Thence, North 83° 40' 04" West, 71.15 feet to the POINT OF BEGINNING and containing 0.247 acre (10,742 square feet) of land. LJA Engineering & Surveying, Inc. Page 3 of 3 I:1Projdskl\SURVEY\161010203\M&B\cor construction esmt 0.247ac.doc P.O.B. 0.247 Ac. P.O.C. °Pose\ (C(C(C�\ N5. 0g14/ - S83`42'06,E 8.96' so3'40'04"E rnd. %27.R. SW Car, Res. "A' F.M. 518 N87'19'36"E 10.85' N87`20'46"E 11.25' rn N 0 p�OPoS /04 �H o, 299.25' REPLAr � CORK I GAN Lot ; 3F VOL ADD I T ION ' P B. 97 d B.C. P. R. 0 I Lot 2 Lot 3 CURVE TABLE Curve Radius Tangent Chord Arc Delta Chord Bearing 1 126.50' 60.92' 109.77' 113.54' 51'25'38' 630'02'44'E 2 201.25' 100.39' 179.66' 186.24' 53'01'17' 929'01'14'E 3 20.00' 3.30' 6.52' 6.55' 18'45'21' 3111'53'15'E 4 213. 25' 33. 20' 65. 62' 65. 88' 17' 41' 59' S09' 22' 0548 5 5. 50' 7.98' 9.06' 10.64' 110' 52' 19' 537' 13' 05' E 6 221.25' 34.91' 68.97' 69.25' 17'55'59' 548'05'51'9 7 15.00' 42.09' 28.26 36.85' 140'45'58' 513'19'09'E 8 126. 50' 7.55' 15. 07' 15. 08' 06' 49' 42' N00' 55' 03'E NOTE: All bearings referenced to the Texas State Plane Coordinate Svstern,South Central Zone. 0 2 0 0 Q •O Z • 0 0 00 ,' 0 0 0' O Fnd. %2 SEnT 98 Lot4 ION EX 0. 247 ACRE ( I CONSTRUCTION & LOCH H. T. &B. R. R. CO. BRAZOR I A CITY JANUARY I ONE Lots H I T OF 09742 SQUARE FEET) MAINTENANCE EASEMENT TED IN THE SURVEY, SEC. 13, A-240 COUNTY, TEXAS OF PEARLAND 0) Scale: l" = 60' Co, 6 2006 JOB NO. 1610-0203-007 LJA Engineering & Surveying, Inc. LA 2929 Briarpark Drive Phone 713.953.5200 Suite 600 Fax 713.953.5026 Houston, Texas 77042-3703 i\Proidsk \SURVEY\1610\0203\COd\car construction esmt.dgn 1-23-2006 14:50:11 EXHIBIT 1 tt C es March 21, 2006 Job No. 1610-0202-002 DESCRIPTION OF 0.280 ACRE (12,213 SQUARE FEET) TEMPORARY CONSTRUCTION EASEMENT (25 FEET WIDE) Being 0.280 acre (12,213 square feet) of land located in the H.T.&B.R.R. Co. Survey, Section 13, Abstract 240, Brazoria County, Texas, more particularly being a portion of that certain called 3.0 acre tract conveyed to West Side National Bank of Pearland, by instrument of record in Volume 1673, Page 678, Official Records, of said Brazoria County (B.C.O.R.), and being a portion of Reserve "A" as shown on the Replat of Corrigan Addition, Section One, a subdivision of record in Volume 11, Pages 97 and 98, Plat Records, of said Brazoria County (B.C.P.R.), said 0.280 acre (12,213 square feet) being more particularly described by metes and bounds as follows (all bearings referenced to the Texas State Plane Coordinate System, South Central Zone); COMMENCING for reference at a 1/2-inch iron rod found marking the southwest corner of said 3.0 acre tract and said Reserve "A", the northwest corner of Lot 1, Block 1 of said subdivision and on the easterly right-of-way line of Corrigan Drive (called 80 feet wide), the beginning of a curve whose center bears North 87° 30' 12" East; Thence, with the common line of said 3.0 acre tract and said Corrigan Drive, 15.08 feet along the arc of a curve to the right, having a radius of 126.50 feet, a central angle of 06° 49' 42" and a chord which bears North 00° 55' 03" East, 15.07 feet to a 5/8-inch iron rod with plastic cap stamped "LJA ENG" found for the POINT OF BEGINNING; Thence, continuing with said common line, 25.09 feet along the arc of a curve to the right, having a radius of 126.50 feet, a central angle of 11 ° 21' 55" and a chord which bears North 10° 00' 52" East, 25.05 feet to a point for corner; Thence, leaving said common line and with a line 40 feet north of and parallel to the south line of said 3.0 acre tract and said reserve "A", South 83° 40' 04" East, 301.31 feet to a point for corner; Page 1 of 2 I:\Projdskl\SURVEY\1610\0202\M&B\wall 3 esmt 0.280ac.doc 0.280 acre March 21, 2006 Job No. 1610-0202-002 Thence, continuing with said parallel Tine, South 77° 13' 40" East, 183.95 feet to a point for corner on the east line of said 3.0 acre tract and on the west line of that certain called 5.89 acre tract conveyed to Pearland Westside Associates Limited, by instrument of record in File No. 00-042519, B.C.O.R.; Thence, with the common line of said 3.0 and 5.89 acre tracts, South 02° 43' 53" East, 25.94 feet to a 5/8-inch iron rod with plastic cap stamped "LJA ENG" found for corner; Thence, leaving said common line and with a line 15 feet north of and parallel to the south line of said 3.0 acre tract and said Reserve "A", North 77° 13' 40" West, 189.47 feet to a 5/8-inch iron rod with plastic cap stamped "LJA ENG" found for corner; Thence, continuing with said parallel line, North 83° 40' 04" West, 301.52 feet to the POINT OF BEGINNING and containing 0.280 acre (12,213 square feet) of land. LJA Engineering & Surveying, Inc. Page 2 of 2 I:\Projdskl\SURVEY\1610\0202\M&B\wall 3 esmt 0.280ac.doc