Ord. 1290 2006-08-28ORDINANCE NO. 1290
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE A WATER AND SEWER EASEMENT FOR THE
CONSTRUCTION OF UTILITY 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 utility 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 a water and sewer easement to certain property for the
construction of utility 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 utility improvements on certain real
property located in Brazoria, Texas.
Section 2. The public convenience and necessity requires the acquisition of right-
of-way, by donation, purchase, condemnation, or otherwise, of certain real property located
within the City and situated in Brazoria County, more particularly described in Exhibits "A"
and "B" 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. 1290
acquire the property, described in Exhibits "A" and "B" 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 utility 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 August,
A. D., 2006.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
___)407,fry 1 6.-.1
TOM REID
MAYOR
EXHIBIT "A"
EASEMENT 6
METES AND BOUNDS DESCRIPTION
2,181 SQUARE FEET OUT OF LOT 123
SUBDIVISION OF SECTION NO. 1
A. C. H. & B. SURVEY, ABSTRACT NUMBER147
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 2,181 square feet out of Lot 123, Subdivision of Section No. I, A. C. H. & B. Survey,
Abstract Number 147, according to the plat thereof as fled in Volume 2, Page 1 Brazoria County Plat
Records, Pearland, Brazoria County, Texas, and being more particularly described by metes and bounds
as follows; (Bearings based on Texas Coordinate System of 1983, South Central Zone).
Commencing at a point marking the southeasterly intersection of the southerly right-of-way line of
Swensen Road (50' wide) and the easterly right-of-way line of State Highway 35 (right-of-way varies)
from which a found 1/2" iron rod bears N 15° 03' 41" W — 0.28' for reference; Thence S 32° 12' 33" E —
512.33' with the easterly right-of-way line of said State Highway 35 to a point for corner from which a
found iron rod bears S 82° 34' 13" W — 0.55' for reference; Thence N 86° 24' 56" E — 5.76' with the
northerly line of that certain tract described in a deed dated 12-22-2005 from Signad LTD to Ben Nevis
West, LTD as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 2005-
073498 to the POINT OF BEGINNING of herein described tract;
1. Thence N 86° 24' 56" E — 22.72' continuing with said northerly line of said Ben Nevis West LTD
tract to a point for comer;
2. Thence S 32° 12' 33" E — 109.34' to a point for corner;
3. Thence S 86° 24' 56" W — 22.72' with the northerly Iine of that certain tract described in a deed
dated 08-22-2005 from Andy A. Reyes, et al to Hugh Marshall Eggers, et al as filed in Official
Records of Real Property of Brazoria County at Clerk's File No. 2005-051142 to a point for
corner;
4. Thence N 32°12' 33" W — 109.34' with the easterly line of that certain easement filed in Volume
1293, Page 660, Brazoria County Deed Records to the POINT OF BEGINNING of herein
described tract.
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: 06- Easement 11-421-71 2,181 sq ft M&B.doc
1/21/06 10:34 AM
06- Easement 11-421-71 2,181 sq ft M&B.doc
SCALE.• t" == 60'
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