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Ord. 1310 2006-10-25ORDINANCE NO. 1310 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 ROAD, UTILITY AND DRAINAGE IMPROVEMENTSAND A WATER AND SEWER EASEMENT 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 road, utility and drainage 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 and a water and sewer easement to certain property for the construction of road, utility and drainage 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 road, utility and drainage improvements on certain real property located in Brazoria County, Texas. Section 2. The public convenience and necessity requires the acquisition of fee title and easement rights, by donation, purchase, condemnation, or otherwise, of certain real property located within the City and situated in Brazoria County. Specifically the property described in Exhibits "A" and "B", attached hereto, shall be acquired in fee and used for the location, construction, operation and maintenance of the road, utility and drainage improvements. The property described in Exhibits "C" and "D", attached hereto, ORDINANCE NO. 1310 shall be acquired in easement and used for the location, construction, operation and maintenance of water and 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 acquire the property, described in Exhibits "A", "B", "C", and "D" 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 road, utility and drainage 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 Couril. PASSED and APPROVED on First and Only Reading this the 23rd day of October, A. D., 2006. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 TOM REID MAYOR METES AND BOUNDS DESCRIPTION 0.0310 ACRE OUT OF TRACT 12 RYAN ACRES PEARLAND, BRAZORIA COUNTY, TEXAS All that certain 0.0310 acre out of Tract 12, Ryan Acres according to the plat thereof as filed in Volume 9, Page 23-24 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); Beginning at a point marking the southeast comer of said Tract 12 and also marking the intersection of the west right-of-way line of Creek Ridge Drive (Ryan Acres) (60' wide) and the existing north right-of-way line of Magnolia Road (80' wide), from which a found 1" iron pipe bears S 09° 30' 26" E — 0.27' for reference; 1. Thence S 87° 11' 08" W — 270.00' with the existing north right-of-way line of said Magnolia Road to a point marking the common southwest corner of said Tract 12 and the southeast corner of Tract 10 of said Ryan Acres from which a found 1/2" iron rod bears N 31 ° 25' 40" E — 0.20' for reference; 2. Thence N 02° 48' 52" W — 5.00' with the common west line of said Tract 12 and east line of said Tract 10 to a set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) for comer; 3. Thence N 87° 11' 08" E — 270.00' with the proposed north right-of-way line of said Magnolia Road to a set 5/8" iron rod with cap (stamped C.L. DAVIS-RPLS 4464) for comer; 4. Thence S 02° 48' 52" E — 5.00' with the west right-of-way line of said Creek Ridge Drive (Ryan Acres) to the POINT OF BEGINNING and containing 0.0310 acre (1,350 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: 11-421-34 Parcel Eight 0.0310 acre M&B.doc 12-29-2005 11-421-34 Parcel Eight 0.0310 acre M&B.doc N 31'25'40" E 0.20' 41":" O TRACT 10 CARLA JEAN ROBERTS a/k/a CARLA JEAN WALLACE ro BEHAVIOR TRAINING RESEARCH, INC. (01-054080 BCOR) 1 1 - 14 -2001 L30 G°' (6. 6)Pry FN0.1 "IP- PINCH TOP 0.0310 Acre (1,350 5q ft) PARCEL 8 PROPOSED NORTH R/W LINE OI0''PO 00a� IMMT PARCEL 9 • 0NI t EDGE OF MPH TRACT 9 270.5' TRACT 12 I(ATHRY'N G. WHEY ro MICHAEL M. W1 THEY" (94-02470(1 BCOR) 06-28- 1994 ALSO SEE. (VOL, 1158, PG. 59 BCDR) L 150000 PLOP GRADS EXISTING NORTH R/W LINE ts, W000 pliCE 070.0 PLOD E ill (elan REFFNDN.1/Z ROINT MAGNOLIA ROAD (EXISTING 80' R/W) �V//'i �Y �1I' nn((/ 'Ne -15' LAN05CAPE RESERVE 0" 0 W4T -S[NCN EAS A G 4. ]e._� 1-P1S-I:1 6CPIO M 10' CONSOOOPON PONT (NN. 70. PO 100-196 soniul PPM 14°I I681 NN II IIt N/N�N oiAyc (71NSN PEOIe°i% ORIGINAL AREA (APPROX.) RIGHT—OF—WAY TAKING FND.3/4"IP TRACT 13 JAMES FRANCIS McDEVITT, JR., ET AL. ro ROBERT BLA/R YOUNG, JR., ET AL, (VOL. 1744, PG. 464 BCDR) 11-30-1983 ZPO [PARCEL 7 al CC o REFERENCE POINT FND.3/4"IP-PINCH TOP N 50'43'21" W 0.51' P.O.B.. .sI NN• NN WN REFERENCE POINT FND.1 'IP REPLAT OF FINAL PLAT AUDUBON PLACE SECTION ONE (VOL.20.PO. 1S1w100 1©.C.P.R ) BLOCK 1 LOT .58 LOT 37 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 15 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. 10' WATER At SEWER EASEMENT (99-040229 15C017J Idr EXISTING SOUTH R/W LINE-i RESIDUE RAYMOND ARTHUR SCHRIEWER, ET UX TO SAMUEL (VOL. 1 514, P0. 592 BGOB) M. HAOOEN, ET UX 05-12-1980 LJ� 14 456 5. TRACT SHOWN HEREON SUBJECT TO CITY OF PEARLAND BUILDING ORDINANCE. S 09'30'26" E 0.27' 6. UNDERGROUND UTILITIES SHOWN BASED ON CITY OF PEARLAND DRAWINGS & UTIUTY COMPANY BLOCK MAPS, WITH FIELD TIES TO EXISTING SURFACE FIXTURES. CONTRACTOR 15 RESPONSIBLE FOR VERIFICATION OF UNDERGROUND UTILITIES. 7. THIS SURVEY PLAT 15 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). 8. CAPPED R005 STAMPEO C.L. DAMS, R.P.L.S. NO. 4464 LEGEND 1.055 ,OGRES 0.0.:310 ACRE RESIDUE 1.0240 ACRE LINE 0/STANCE BEARING L29 270.00' S 87'71'08" W L30 5.00' N 02'48'52" W L31 270.00' N 87' 1 1 '08 " E L32 5.00' S 02'48'52" E i4C)C1 /2c1J DATE N1010•11111101•01rw C __PAL.` EL A I 4464 R.P.L.S. No. C.L. DAVIS & CO. 1500 WINDING WAY FAIFNDSW000, TEXAS 77546 LAND SURVEYING 261-4e2-e4e0 (S) (PK) BCDR BCOR BCPR P.O.B. R/W w/CAP(CL) w/CAP(W) SET 5/8"IRON ROD w/CAP SET P-K NAIL IN ASPHALT BRAZORIA COUNTY DEED RECORDS BRAZORIA COUNTY OFFICIAL RECORDS BRAZORIA COUNTY PLAT RECORDS POINT OF BEGINNING RIGHT-OF-WAY STAMPED C.L. DAVIS RPLS 4464 STAMPED WILSON SURVEY GROUP ROUTE SURVEY 0.0310 ACRE OUT OF TRACT 12 RYAN ACRES (VOL, 9, PG. 23-24 B.C.P.R.) PEARLAND, BRAZORIA COUNTY, TEXAS DATE: 12-01-2005 SCAI F: I" RI1' .IElR No.! 11-471-14 EXHIBIT ASEMENT EIGHT METES AND BOUNDS DESCRIPTION 2,700 SQUARE FEET OUT OF TRACT 12 RYAN ACRES PEARLAND, BRAZORIA COUNTY, TEXAS All that certain 2,700 square feet out of Tract 12, Ryan Acres according to the plat thereof as filed in Volume 9, Page 23-24 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 southeast corner of said Tract 12 and also marking the intersection of the west right-of-way line of Creek Ridge Drive (Ryan Acres) (60' wide) and the existing north right-of-way line of Magnolia Road (80' wide), from which a found 1" iron pipe bears S 09° 30' 26" E — 0.27' for reference; Thence N 02° 48' 52" W — 5.00' with the west right- of-way line of said Creek Ridge Drive 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 S 87° 11' 08" W — 270.00' to a set 5/8" iron rod with cap (stamped C.L. DAVIS- RPLS 4464) for corner; 2. Thence N 02° 48' 52" W — 10.00' with the common west line of said Tract 12 and the east line of Tract 10 of said Ryan Acres to a point for corner; 3. Thence N 87° 11' 08" E — 270.00' to a point for corner; 4. Thence S 02° 48' 52" E — 10.00' with the west right-of-way line of said Creek Ridge Drive (Ryan Acres) to the POINT OF BEGINNING and containing 2,700 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: 11-421-34 Easement Eight M&B.doc 02-06-06 11-421-34 Easement Eight M&B.doc `J TRACT 10 CARLA JEAN ROBERTS a/k/o CARLA JEAN WALLACE TO BEHAVIOR TRAINING RESEARCH, INC. (01-054080 BCOR) 11-14-2001 GO' FND.1 "IP- PINCH TOP EASEMENT 8 0.0620 Acre (2,700 sq ft) PROPOSED NORTH R/W LINE EASEMENT 9 L2 HE�SE PARCEL 91 S•c_ REFERENCE POINT FND.1 /2"IR N 31'25'40" E TRACT 9 TRACT 12 KATHRYN G. WITHEY To MICHAEL M. WITHEY (94-024700 BCOR) 06-28-1994 ALSO SEE.: (VOL. 1158, PG. 59 BCDR) I r PARCEL 81( L 1 u� EDGE 0f ASPH. 1 \ 1 S0OR? BRICK KW E NALP U U RoaB�n+cc 020.0 6)IPV PL,R (e)4 EXISTING NORTH R/W LINE s L5 MAGNOLIA ROAD (EXISTING 80' R/W) 0.20 PP4RPBR EMN OS Of ASPN. \ 'YB PP/ RS' AIR 15' LANDSCAPE RESERVE O' 0' KHInR-srrER 0ASENEM - — — — —t- (VOL. 20, _ 19l�-196) ip I0' MN6eR.an0N ruff (Vat. 20, Pa 196-196 OcPR) I i REPLAT OF FINAL PLAT AUDUBON PLACE SECTION ONE (VOL.. 20, PG. 195.196 B.C.P.R. ) BLOCK 1 LOT 38 LOT 37 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 8E COMPLETE. 8. FND.3/4"IP TRACT 13 JAMES FRANCIS MCDEVITT, JR., ET AL. TO ROBERT BLAIR YOUNG, ✓R., ET AL. (VOL. 1744, PG. 484 BCDR) 1 1-30-198.3 1'A P.O.B.: (S) MH Lu P (3 11SP INC uH• w ww REFERENCE POINT 7 EASEMENT 7 PARCEL 7 14'c REFERENCE POINT FND.3/4"IP-PINCH TOP N 50'43'21" W 0.51' 10' WATER & SEWER EASEMENT (99-040229 BCOR) a 1° EXISTING SOUTH R/W LINE RESIDUE RAYMOND ARTHUR SCHRIEWER ET UX TO SAMUEL Al. (VOL. 15 14, HADDEN, ET UX PC. 592 BCDR) 05-12-1980 Cw 01/63 • 5. TRACT SHOWN HEREON SUBJECT TO CITY OF PEARLAND BUILDING ORDINANCE. PED 9SH FND.1 "IP S 09'30'26" E 0.27' 6. UNDERGROUND UTILITIES SHOWN BASED ON CITY OF PEARLAND DRAWINGS & UTILITY COMPANY BLOCK MAPS, WITH (S) FIELD TIES TO EXISTING SURFACE FIXTURES. CONTRACTOR (PK) IS RESPONSIBLE FOR VERIFICATION OF UNDERGROUND BCDR UTILITIES. 7. 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). CAPPED RODS STAMPED C.L. DAVIS, R.P.L.S. N0. 4464 LEGEND LINE DISTANCE BEARING Li 270.00' ' S 87' 1 1 '08" W L2 10.00' N 02'48'52" W L3 270.00' ' N 87' 1 1 '08" E L4 10.00' S 02'48'52" E L5 5.00' N 02'48'52" W EASEMENT 8 C.L. DAVIS 1500 WINDING WAY FR ENDSW00D, TEXAS 77546 LAND SURVEYING 281-482-9490 8COR BCPR P.O.B. R/W w/CAP(CL) w/CAP(W) SET 5/8"IRON ROD w/CAP SET P-K NAIL IN ASPHALT BRAZORIA COUNTY DEED RECORDS BRAZORIA COUNTY OFFICIAL RECORDS BRAZORIA COUNTY PLAT RECORDS POINT OF BEGINNING RIGHT-OF-WAY STAMPED C.L. DAVIS RPLS 4464 STAMPED WILSON SURVEY GROUP WATER & SEWER EASEMENT 2,700 SQ. FT, OUT OF TRACT 12 RYAN ACRES (VOL. 9, PG. 23-24 B.C.P.R.) PEARLAND, BRAZORIA COUNTY, TEXAS DATE: 02-08-20061 SCALE: 1" = 80' I JOB NO.: 11-421-34 0-11-421-34—RYAN—ACRES—PARCEL—MAP.dwg