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Ord. 1087 10-28-02ORDINANCE NO. 1087 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. 1087 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 r EXHIBIT J EASEMENT "B-1" METES AND BOUNDS DESCRIPTION 1,892 SQUARE FEET OUT OF LOT 1, BLOCK 1 PEARLAND PROFESSIONAL PLAZA PEARLAND, BRAZORIA COUNTY, TEXAS All that certain 1,892 square feet out of Lot 1, Block 1, Pearland Professional Plaza according to the plat thereof filed in Volume 21, Page 251-252 Brazoria County Plat 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 comer at the northwest corner of Farm Market Road 518 (120' wide) and County Road 93 (Miller Ranch Road); Thence S 86° 29' 06" W — 533.68' with the north right-of-way line of said Farm Market Road 518 to the POINT OF BEGINNING of herein described tract and marking the intersection of the extension of the east line of said Lot 1, Block 1, Pearland Professional Plaza and the monumented north right-of-way line of Farm Market Road 518 (120' wide); 1. Thence S 86° 29' 06" W — 277.00' with the said monumented north right-of-way line of Farm Market Road 518 to a found 3/4" iron rod for corner; 2. Thence N 03° 32' 12" W — 6.99' with the west line of said Pearland Professional Plaza tract to a point for corner; 3. Thence N 86° 33' 04" E — 277.00' to a point for corner; 4. Thence S 03° 34' 04" E — 6.67' with the extension of the east line of said Lot 1, Block 1 Pearland Professional Plaza to the POINT OF BEGINNING and containing 1,892 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 B-1 M&B.doc 7/15/02 11-421-62 ESMT B-1 M&B.doc EASEMENT "B-2" METES AND BOUNDS DESCRIPTION 2,263 SQUARE FEET OUT OF LOT 1, BLOCK 1 PEARLAND PROFESSIONAL PLAZA PEARLAND, BRAZORIA COUNTY, TEXAS All that certain 2,263 square feet out of Lot 1, Block 1, Pearland Professional Plaza according to the plat thereof filed in Volume 21, Page 251-252 Brazoria County Plat 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 — 533.68' with the north right-of-way line of said Farm Market Road 518 to a point marking the intersection of the extension of the east line of said Lot 1, Block 1, Pearland Professional Plaza and the monumented north right-of-way line of Farm Market Road 518 (120' wide); Thence N 03° 34' 04" W — 16.67' with the east line of said Pearland Professional Plaza to the POINT OF BEGINNING of herein described tract; 1. Thence S 86° 33' 04" W — 276.99' to a point for comer; 2. Thence N 03° 32' 12" W — 8.01' west line of said Pearland Professional Plaza to a point for corner; 3. Thence N 86° 29' 06" E — 276.99' to a point for corner; 4. Thence S 03° 34' 04" E — 8.33' with the east line of said Lot 1, Block 1 Pearland Professional Plaza to the POINT OF BEGINNING and containing 2,263 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 B-2 M&B.doc 7/15/02 11-121-62 ESMT B-2 M&B.doc - w N m 9) N O1 V DISTANCE TT V N 2 b coOO V to 2 2 in w co w CO rn A (.1 1V TO X] O O N m C) a r ci Tt CO V m (rn r -- 4 (.v CAI • V S TO .0 CO O - V 9.1 t0 t0 DISTANCE CO w A a 4 2 Co to 0 0 2 °w CI ry = 1n Co cw., m Ark Art BRASS 2 u TT 0 m 0 • F \ 0 N CO m N LO rn Tr w .03 :0 .p A 0 0 m D z j r (--- 01 0 AAZD m 010- f mZN < N 0 COO • AAJO m al C_C NOT =m rnm N'CZ m v TOso ODZCOmt0 A _ ?Z N N Z n _t k 8D' DRAINAGE ESMT. (VOL 1511, PC. BOO BCDR) EAST U EST UNE LOT 40 ;OP POWER POLE ARE4 MITT POWER POLE CREPE MYRTLE 10. SCfi I 1/f' PVC slue cur m z o n m1 A STREET mBN LA 0 0 - LAI n O(.+-1 A O COOnD O'Cx m 0 A TO m + ON r m rn A TDn 0 m -4 0, pc 0 1 • A N N AREA 1%Nf mA AZ 1(Am yZ �c Ar -I' �NAOAAm swv ENO Ai __cz m I' 00 tu no 0 Imp r -Dm_< (0)MAWR VALVES 0 N .•• Ar W. L 21 it O'TREE 54 %RAM PBO TEL OIOL &TARTAR Ur STATION VKVE BO% EUT BOX mow AREA mar RESIDUE OF CALLED 10.70 ACRES REAISEC BILIZORIA 10.7 UMITED TO FRED EARHARL III, TRUSTEE VOL (85) 150. PG. 804 BOOR 01-10-1985 lO�c top