Ord. 1085 10-28-02ORDINANCE NO. 1085
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. 1085
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:
TY SECRETARY
APPROVED AS TO FORM:
it OA
D ' ' RIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
EASEMENT "L"
METES AND BOUNDS DESCRIPTION
17,510 SQUARE FEET OUT OF
SECTIONLOT 15, ALLISON—RICHEY GULF COAST HOME COMPANY SUBDIVISION
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 17,510 square feet out of Lot 15, 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 out of that certain tract described in a deed dated 11-04-1999 from Angell F.
Boustany to FM 518 West, Ltd. as filed in Official Records of Real Property of Brazoria County
at Clerk's Fie Number 99-041791 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 — 1,247.53' with the monumented north right-of-way line of
Farm Market Road 518 (right-of-way varies) to a point marking the POINT OF BEGINNING of
herein described tract, from which a found 1" iron pipe bears S 02° 36' 35" E — 0.86' from said
point;
1. Thence S 87° 23' 25" W — 700.35' continuing with the said monumented north right-of-
way line of Farm Market Road 518 to a point for corner from which a found 5/8" iron
rod with cap bears S 19° 17' 59" E — 0.33' from said point;
2. Thence N 03° 02' 33" W — 25.00' with the east line of that certain Tract 2 described in a
deed dated 11-23-1999 from FM 518 West, Ltd. to Maryfield, Ltd. as filed in Official
Records of Real Property of Brazoria County at Clerk's File Number 99-053034 to a point
for corner;
3. Thence N 87° 23' 25" E — 700.46' to a point for comer;
4. Thence S 02° 47' 47" E — 25.00' with the west line 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 to the POINT OF BEGINNING and containing 17,510 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 L M&B.doc
3/27/02 11:16 AM
EXHIBIT
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