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Ord. 1285 2006-07-24ORDINANCE NO. 1285 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF SANITARY 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 sanitary sewer improvements on certain real property described herein; and WHEREAS, accordingly, the City Council hereby acknowledges that it is in the public's best interest to acquire fee simple title to certain property for the construction of sanitary sewer improvements on said property; 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 sanitary sewer improvements on certain real property located in Harris County, Texas. Section 2. The public convenience and necessity requires the acquisition of drainage easements, by donation, purchase, condemnation, or otherwise, of certain real property located within the City and situated in Harris County. Specifically the property described in Exhibits "A" and "B", attached hereto, shall be used for the location construction, operation and maintenance of the sanitary sewer improvements. 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. 1285 acquire the property, described in Exhibits "A" and "B" 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 the acquisition of said property as the construction of sanitary 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 24th day of July, A. D., 2006. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 TOM REID MAYOR EXHIBIT "A" LIFT STATION PARCEL METES AND BOUNDS DESCRIPTION 750 SQUARE FEET OUT OF LOT 1, BLOCK 6 GREEN TEE TERRACE, SECTION ONE PEARLAND, HARRIS COUNTY, TEXAS All that certain 750 square feet out of Lot 1, Block 6, Green Tee Terrace, Section One, according to the plat thereof as filed in Volume 170, Page 28 Harris County Map Records, Pearland, Harris County, Texas, and being more particularly described by metes and bounds as follows; (Bearings based on record plat of Green Tee Terrace, Section One). Commencing at a point marking the south corner of said Lot 1, from which a found 1/2" iron rod bears N 00° 15' 21" W — 0.52' for reference; Thence N 34° 04' 00" W — 66.76' with the northeasterly right-of-way line of Green Tee Drive (60' wide) to a set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) marking the POINT OF BEGINNING of herein described tract; 1. Thence N 34° 04' 00" W — 30.00' continuing with the northeasterly right-of-way line of said Green Tee Drive to a set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) for corner; 2. Thence N 55° 56' 00" E — 25.00' to a set 5/8" iron rod with cap (stamped C.L. DAVIS- RPLS 4464) for corner; 3. Thence S 34° 04' 00" E — 30.00' to a set 5/8" iron rod with cap (stamped C.L. DAVIS- RPLS 4464) for corner; 4. Thence S 55° 56' 00" W — 25.00' to the POINT OF BEGINNING and containing 750 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: 421-103 LIFT STATION ESMT 750 sq ft M&B 1/30/06 11:30 AM 421-103 LIFT STATION ESMT 750 sq ft MB.doc EXHIBIT "B" TELPED j CONC.I DRIVE i�lli 4,1 W 10 E_OC.00X-71 w/METER il I O J i/ CA-V ENCL. 51 (j I 34.09' I I F' AO I ^ I I �I�,- I II )-_ R I ' o CTR I 51 l,3 -4.3 12"SAN sPER PLAN) (P 0 GREEN TEE DRIVE (60' R/W) 37.30' 24"0 LOT ANK `� T=EEC NE crxe`-,0 SXP°Soo 21 "0 O I S,OGV/O S H �� O, 6P 15"P �I I ILM m ' 8 0 EP59' CNN 6 US\Lo pG 28 N , (2)TRUNK 10" 10" H 7 COMMENCING POINT: REFERENCE POINT FIND.1 /2"IR N 00° 1 5' 21 " W 0.52' LINE DISTANCE BEARING L 1 30.00' N 34°04'00" W L2 25.00' N 55°56'00" E LIFT STATION PARCEL TRACT 750 sq ft 0.0172 Acre 25' BUILDING LINE B L_ OCK 6 LOT 2 �Ql�w t� A Z,„e,,,cbs say <,,, \ 0, i a G� c� ^01 00 SUBJECT DEED LOT 1 , BLOCK 6 WIL'_IAM L. PERRY, ET UX. TO ANH -RAIN AND CEL'IA MAI (P-882790 098-69-2216) 04-21-1994 LEGEND (S) SET 5/5'"IRO N ROD w/CAP LINE DISTANCE BEARING L3 30.00' S 34°04'00" E L4 25.00' S 55°56'00" W L5 66.76' N 34°04'00" W DATE 4464 C. L. DAVIS R.P.L.S. No. NOES: HE JUKVL>U < -1AJ N01 ABJTfiA10 LL) C 0 '0 E i PROPERTY BUT HAS RELIED ON VANGUARD TITLE COMPANY TO PROVIDE DEED COPIES OF THE SUBJECT PROPERTY AND ADJOINERS. 2.THE BASIS OF BEARINGS SHOWN IS REFERENCED TO RECORD PLAT OF GREEN TEE TERRACE, SECTION ONE.. 3. THE BU.DWGS OR IMPROVEMENTS SHOWN HEREON REPRESENT THE OUTLINE AT GROUND SURFACE LEVEL, UNLESS OTHERWISE NOTED. 4 THE UTILITY APPURTENANCES ( i.e.; utility poles, inlets, etc.) SHOWN HEREON ARE THOSE VISIBLE AT THE TIME OF SURVE" AND MAY NOT BE COMPLETE. 5. TRACT SHOWN HEREON SUBJECT TO CITY OF PEARLAND BUILDING ORDINANCE. 6. THIS SURVEY PLAT IS ACCOMPANIED BY A SEPARATE METES AND BOUNDS DESCRIPTION PER TEXAS BOARD OF RO=ESSIONAL ;AND SURVEYOR'S "GENERAL ,AND SURVEYO 'S "GENERAL RULES OF PROCEDURES AND PRACTICES" SECTION 663.19(9). C.L. DAVIS & CO. FRIENDSWOOD TEXAS 77516 r LAND SURVEYING 281-482-9490 LIFT STATION PARCEL TRACT 750 SQUARE FEET OUT OF LOT 1 BLOCK 6 GREEN TEE TERRACE, SECTION ONE (VOL. 170, PG. 28 H.C.M.R.) PEARLAND, HARRIS COUNTY, TEXAS DATE' 01-19-2006 ' SCALE: 1" = 4q''JOB NO.: "-421-103 11-421-103-LIFT-STA.dwg