Ord. 1303 2006-09-11ORDINANCE NO. 1303
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. 1303
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 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 11th day of
September, A. D., 2006.
ATTEST:
APPROVED AS TO FORM:
iL
DARRIN M. COKER
CITY ATTORNEY
2
IU R?"
EID
MAYOR
EXHIBIT "A"
EASEMENT 15
METES AND BOUNDS DESCRIPTION
15,277 SQUARE FEET OUT OF
LOT 4, L.W. MURDOCK SUBDIVISION
A.C.H. & B. SURVEY, ABSTRACT NUMBER — 507
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 15.277 square feet out of Lot 4, L.W. Murdock Subdivision, according to the plat
thereof as filed in Volume 29, Page 174, Brazoria County Deed Records and in the A.C.H. & B.
Survey, Abstract Number — 507 Pearland, Brazoria County, Texas and being out of that certain
Tract 2 as filed in Official Records of Real Property of Brazoria County at Clerk's File Number
00-048700 from Charles F. (Jack) Alexander to Charles F. Alexander, Jr. 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 found 1/2" iron rod marking the south corner of Lot "A", Medearis
Subdivision according to the plat thereof filed in Volume 18, Page 351-352 Brazoria County Plat
Records; Thence S 57° 53' 20" W — 10.00' to a point on the easterly right-of-way line of State
Highway 35 (right-of-way varies); Thence S 32° 10' 20" E — 428.09' with the easterly right-of-
way line of said State Highway 35 to a point; Thence S 32° 15' 26" E — 100.00' continuing with
the easterly right-of-way line of said State Highway 35 to a point marking the POINT OF
BEGINNING of herein described tract from which a found 5/8" iron rod bears S 66°27' 50" W —
0.88' for reference;
1. Thence N 57° 44' 34" E — 35.00' with the northwesterly line of said Charles F.
Alexander, Jr. tract to a point for comer;
2. Thence S 32° 15' 26" E — 446.12' to a point for corner;
3. Thence S 86° 31' 26" W — 39.93' with the southerly line of said Charles F. Alexander, Jr.
tract to a point for comer;
4. Thence N 32° 15' 26" W — 426.89' with the easterly right-of-way line of said State
Highway 35 to the POINT OF BEGINNING and containing 15,277 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: 15 - Easement 11-421-71 15,277 sq ft M&B.doc
01-20-2006
15 - Easement 11-421-71 15,277 sq ft M&B.doc
EXHIBIT "B"
LOT "A"
MEDEARIS SUBDIVISION
(Vol. 18, Pg. 351-352, BCPR)
COMMENCING
POINT:
FN0.1 /2"IR
N 32'06'40" W
158.85'
L5
RESIDUE
PARCEL A
AMVEST PROPET/ES, INC.
TO
MARYFIELD LIMITED
(99-078713 BCOR)
03-23-1999
S 32'10'20" E
428.09
NOTES:
1. THE SURVEYOR HAS NOT ABSTRACTED THE SUBJECT
PROPERTY BUT HAS RELIED ON HENDERSON ABSTRACT
COMPANY TO PROVIDE DEED COPIES OF THE SUBJECT
PROPERTY AND ADJOINERS.
2.THE BASIS OF BEARINGS SHOWN IS REFERENCED TO THE
TEXAS COORDINATE- SYSTEM OF 1983, SOUTH CENTRAL
ZONE.
3 THE BUILDINGS 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
SURVEY AND MAY NOT BE COMPLETE.
EASEMENT
14
5 32'15' 6" E
100.00'_p
\4 In
-0°
\).•
P.O.B.:
REF.PT.
t ND.S/8"iR
S 66'27'50" W
0.88'
A.C.H. & B. SURVEY
A-507
TRACT 11
CHARLES F. (JACK) ALEXANDER
TO
CHARLES F. ALEXANDER, JR.
(00-048700 BCOR)
10-30-2000
"VACANT"
L2
L4R/W LINE
PP
GRT
EDGE OF ASPHALT
STATE HIGHWAY No. 35
(R/W VARIES)
(ASPHALT)
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
PROFESSIONAL LAND SURVEYOR'S "GENERAL RULES OF
PROCEDURES AND PRACTICES" SECTION 663.19(9).
LEGEND
BCDR
BCOR
BCPR
P.O.B.
R/W
BRAZORIA COUNTY DEED RECORDS
BRAZORIA COUNTY OFFICIAL RECORDS
BRAZORIA COUNTY PLAT RECORDS
POINT OF BEGINNING
RIGHT-OF-WAY
EASEMENT 15
15,277 sq ft
0.3507 Acre
DG
0 30 60
HK�1-11-11
SCALE.' 1" = 60'
RESIDUE
CALLED 10.08 ACRES
C.H. ALEXANDER
TO
MARY ALEXANDER 8ARTLE7T, ET AL.
(VOL. 684, PG. ]32 BCDR)
04-11-1957
UNDIVIDED 1/4 INTEREST
MARY HELEN ALEXANDER BARTLETT
TO
ALVIN COMMUNITY COLLEGE FOUNDATION
(VOL. 1665, PC. 1 79 BCDR)
09-09-19,42
4) EASEMENT
PP
SS GRT
I LINE
I DISTANCE
I BEARING I
IL 1
I 35.00'
N 57'44'34" E I
L2
446.12'
S 32'15'26" E
L3
39.93'
S 86'31 '26" W
L4
426.89'
N 32'15'26" W
L5
10.00'
S 57'53'20" W
EASEMENT 15
cfi
C.L. DAVIS & CO. 1500 WINDING WAY
FRIENDSWOOD. TEXAS 77546
LAND SURVEYING 281-482-9490
WATER & SEWER EASEMENT
15,277 SQUARE FEET OUT OF
LOT 4
L.W. MURDOCK SUBDIVISION
(VOL. 29, PG. 174 BCDR)
A.C,H. & B. SURVEY, ABSTRACT 507
PEARLAND, BRAZORIA COUNTY, TEXAS
DATE: 01-17-20061SCALE: 1' = 60' ' JOB NO.: 11-421-71
DWG, No.: 11-421-34-HWY35-SAN