Ord. 1281 06-26-06ORDINANCE NO. 1281
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE A DRAINAGE EASEMENT 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 a drainage easement 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 the drainage improvements.
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. 1281
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 of drainage 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 26th day of June,
A. D., 2006.
ATTEST:
Y NG G
Y S" RETAR
APPROVED AS TO FORM:
,21,,, /it wt.._
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
EXHIBIT "A"
EASEMENT 5
METES AND BOUNDS DESCRIPTION
3.2481 ACRES OUT OF
LOTS 170 AND 182
W. ZYCHLINSKI'S SUBDIVISION OF
SECTIONS 27 AND 28
H.T. & B. R.R. CO. SURVEY, ABSTRACT — 308
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 3.2481 acres out of Lots 170 and 182, W. Zychlinski's Subdivision of Sections
27 and 28, according to the plat thereof as filed in Volume 29, Page 09 Brazoria County Deed
Records, H.T. & B. R.R. Co. Survey, Abstract — 308, Pearland, Brazoria County, Texas and
being more particularly described by metes and bounds as follows (bearings shown based on the
Texas Coordinate System of 1983, South Central Zone);
Commencing at a found 5/8" iron rod with cap (stamped C.L. Davis-R.P.L.S. 4464) marking the
southwest corner of that certain tract as described in a deed dated 10-26-2004 from Jud's Food
Stores, Inc. to City of Pearland as filed in Official Records of Real Property of Brazoria County
at Clerk's File Number 2004-066514 and said point being on the easterly right-of-way line of the
Burlington Northern & Santa Fe Railroad (100' wide); Thence S 16° 29' 58" E — 2,004.06'
continuing with the easterly right-of-way line of said Burlington Northern & Santa Fe Railroad
to the POINT OF BEGINNING of herein described tract from which a found concrete
monument bears N 55° 01' 11" E — 0.32' for reference;
1. Thence N 86° 37' 08" E — 102.68' with the south line of that certain tract as described in a
deed dated 12-26-1991 from George Alexander a/k/a Jud G. Alexander, et ux. to Jud's Food
Stores, Inc. as filed in Official Records of Real Property of Brazoria County at Clerk's File
Number 94-004499 to a point for corner;
2. Thence S 16° 29' 58" E — 1,403.21' to a point for corner;
3. Thence S 73° 30' 02" W — 100.00' to a point for corner;
4. Thence N 16° 29' 58" W — 1,426.52' with the easterly right-of-way line of said Burlington
Northern & Santa Fe Railroad to the POINT OF BEGINNING and containing 3.2481 acres
(141,486 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: 11-421-63-ESMTS M&B.doc
03-27-2006
11-421-63-ESMT5 M&B.doc
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C.L. DAVIS, R.P.L.S. NO. 4464
RODS STAMPED
-63-DRAIN-ESMT-PARCEL-MAP
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