Ord. 1084 10-28-02ORDINANCE NO. 1084
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. 1084
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:
CC JA.�...► �c -Cree—
DARRIN M. COKER
CITY ATTORNEY
2
7cd
TOM REID
MAYOR
1
EXHIBIT
t r'
EASEMENT "C"
METES AND BOUNDS DESCRIPTION
1,879 SQUARE FEET OUT OF
LOT 40, SECTION 85
ALLISON—RICHEY GULF COAST HOME COMPANY SUBDIVISION
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 1,879 square feet out of Lot 40, Section 85, Allison —Richey Gulf Coast
Home Company Subdivision according to the plat thereof filed in Volume 2, Page 107
Brazoria County Plat Records and being out of that certain tract described in a deed
dated 01-10-1985 from Realsec Brazoria 10.7 Limited to Fred Earhart, III, Trustee as
filed in Volume (85)150, Page 804 Brazoria County Official Records 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 found concrete monument marking the south end of the cut -back
corner at the northwest corner of Farm Market Road 518 (120' wide) and County Road
93 (Miller Ranch Road); Thence S 86° 29' 06" W — 458.50' with the monumented north
right-of-way line of said Farm Market Road 518 to the POINT OF BEGINNING of herein
described tract marking a point on the east line of said Earhart tract;
1. Thence S 86° 29' 06" W — 75.18' continuing with the monumented north right-of-
way line of said Farm Market Road 518 to a point for corner;
2. Thence N 03° 34' 04" W — 25.00' with the east line of Lot 1, Block 1 Pearland
Professional Plaza according to the plat thereof filed in Volume 21, Page 251-252
Brazoria County Plat Records to a point for corner;
3. Thence N 86° 29' 06" E — 75.17' to a point for comer;
4. Thence S 03° 34' 14" E — 25.00' with the west line of that certain tract described
in a deed dated 02-03-1999 from Kimberly G. Durrett to Karl Kris Durrett as filed
in Official Records of Real Property of Brazoria County at Clerk's File Number 99-
005373 to the POINT OF BEGINNING and containing 1,879 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 C M&B.doc
3/21/02 12:16 PM
11-421-62 ESMT C M&B.doc
(OM HONVa 83771141)
£'6 OV021 LLN000
404)
tfrckirke.
>97
non +3
Z
0
N
D
O IL
I
O > Z I a' ▪ In
0 0 u 6
tt Z O w I m
CY LC X m mw00 -Jfc
F.Uern
O 0 m W U Z40 I iv
oon- I `^x000Foao 0
�1-VI 000 F--,W<O i N
tO
CC - YONQ0 ZUZ0N0
w Jm0 of �>of�- in
Y {-Lo 0 =CIO
a l-W
F V) H
tl 0OLL
mo
No
J 2w
aZ� m
cU0
cc V)
a N P
z
0
LD
2
W
CO
S 8629'06" W
N 03'34'04" W I
W
N
Co
2
S 03'34'14" E
DISTANCE
0
-
25 00'
N
N
N
W
N
t
J
J
J
J
J
5861-01-t0
8008 1709 'Od OS1 (59) -10A ' 2
3331S1181 'III '18VHNV3 038J 01 h
0316NI1 COt vi8ozv88 3351V38 N
5380V 0L'01 03111V0 30 3f10l$H
•
,o0'53
0o'sa
Don Yaw
MO6 0313
y0q 'ANA
w
- 0 W
O 03
104 bump('W F
%OB OIs MILL 2'l=
o�V�
w L w w
((SHP
03
occt
cc
N
0
YJ
S SEE RESTRICTIVE
0
0 z•
Q5w
U
N �c0c
OK
LT,a
Fw ZOZ
0 Q 0
aaw
N U. CL
D
O0
Ott
❑ma
w
ag0
W
O J
Uw>
¢ate
w
3
o
z
ZF
O
Ux
zwa
W a°
M81"
W ±s N
�00
00
Olry
N N
00
0
pF
rx
N
a
z
0
8
•
0
3
4 Fe
C ro Y m
U
NZ OnWW ryp,
w� �N-WY
4W-W2WC4 ZL; '-o-
atioeN-W
h I b�
N3 tiH��
h•-•et
Lo
g
1,1 N0
-
O
H.T. & H.R.R. Co. SURVEY
U
W
W
CC
Q
U
Ct O
O • VI at
n .
4
Ci
m
d