Ord. 1086 10-28-02ORDINANCE NO. 1086
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. 1086
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
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TOM REID
MAYOR
EASEMENT "3"
METES AND BOUNDS DESCRIPTION
16,932 SQUARE FEET OUT OF
JOHN W. MAXEY SURVEY, ABSTRACT NUMBER — 721
AND OUT OF LOT 15
ALLISON—RICHEY GULF COAST HOME COMPANY SUBDIVISION
PEARLAND, BRAZORIA COUNTY, TEXAS
EXHIBIT
I ,g 4.
All that certain 16,932 square feet out of John W. Maxey Survey, Abstract Number — 721 and out of
Lot 15, 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 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 File 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 — 2,047.88' with the monumented north right-of-way line of Farm Market Road 518 (right-of-way
varies) to a found 5/8" iron rod marking the POINT OF BEGINNING of herein described tract;
1. Thence S 87° 23' 25" W — 677.25' 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 bears N 21° 45' 54"
W — 0.37' from said point;
2. Thence N 03° 25' 47" W — 25.00' with the east line of that certain tract described in a deed dated
12-29-1971 from F. Carrington Weems to George Gilman, Trustee filed in Volume 1107 Page 859
Brazoria County Deed Records to a point for corner;
3. Thence N 87° 23' 25" E — 677.42' to a point for corner;
4. Thence S 03° 02' 33" W — 25.00' with the west 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 the POINT OF BEGINNING and
containing 16,932 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 J M&B.doc
3/27/02 10:56 AM
11-421-62 ESMTJ M&B.doc
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