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
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REAISEC BILIZORIA 10.7 UMITED
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FRED EARHARL III, TRUSTEE
VOL (85) 150. PG. 804 BOOR
01-10-1985
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