Ord. 1082 10-28-02ORDINANCE NO. 1082
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE AN EASEMENT FOR THE CONSTRUCTION OF WATER AND
SEWER 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 water and sewer
improvements along FM 518; and
WHEREAS, accordingly, the City Council hereby acknowledges that it is in the
public's best interest to acquire an easement to construct water and sewer improvements
on certain real property described herein; 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 water and sewer improvements on
certain real property located in Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition of an
easement, by donation, purchase, condemnation, or otherwise, of certain real property
located within the City and situated in Brazoria County, more particularly described in
Exhibit "A", 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. 1082
acquire an easement to the property, described in Exhibit "A", 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
requiring the acquisition of said easement as the construction of water and sewer
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 28th day of
October , A. D., 2002.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
txhibi 1
EASEMENT"M"
METES AND BOUNDS DESCRIPTION
20,796 SQUARE FEET OUT OF
LOT 30, SECTION 20
ALLISON—RICHEY GULF COAST HOME COMPANY SUBDIVISION
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 20,796 square feet being out of Lot 30, Section 20, Allison —Richey Gulf
Coast Home Company Subdivision according to the plat thereof filed in Volume 2, Page
24 Brazoria County Plat Records and being out of that certain tract described in a deed
dated 01-08-1997 from Mary Elizabeth Wisnoski, et al to The Old Place, Inc. as filed in
Official Records of Real Property of Brazoria County at Clerk's File Number 97-001270
and being more particularly described by metes and bounds as follows, with all bearings
based on the Texas State Plane Coordinate System, South Central Zone with all
distances expressed in surface feet;
Commencing at a point from which a found 5/8" iron rod bears S 11° 25' 20" E — 0.65'
from said point and from which a found 5/8" iron rod bears S 12° 24' 40" W — 0.62'
from said point marking the southwest corner of Lot 1, Block 1, Amending Plat of the
Final Plat Central Office Park according to the plat thereof filed in Volume 21, Page 239-
240 Brazoria County Plat Records; Thence S 87° 23' 25" W — 415.65' with the
monumented north right-of-way line of Farm Market Road 518 (right-of-way varies) to
the POINT OF BEGINNING of herein described tract marking the intersection of the
common line of Lot 30 and Lot 45 of said Allison —Richey Gulf Coast Home Company
Subdivision and the monumented north right-of-way line of said Farm Market Road 518;
1. Thence S 87° 23' 25" W — 831.88' continuing with the monumented north right-
of-way line of said Farm Market Road 518 to a point for corner from which a
found 1" iron pipe bears S 02° 36' 35" E — 0.86' from said point;
2. Thence N 02° 47' 47" W — 25.00' with the common line of said Lot 15 and Lot 30
Allison —Richey Gulf Coast Home Company Subdivision to a point for corner;
3. Thence N 87° 23' 25" E — 831.83' to a point for corner;
4. Thence S 02° 55' 05" E — 25.00' with the common line of said Lot 30 and Lot 45
to the POINT OF BEGINNING and containing 20,796 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: 11-421-62 ESMT K M&B.doc
3/22/02 9:25 AM
11-421-62 ESMT M M&B.doc
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