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Ord. 1101 03-24-03ORDINANCE NO. 1101 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 MUNICIPAL ROAD 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 ROAD 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 construction of municipal road improvements at the intersection of Pearland Parkway and FM 518; and WHEREAS, accordingly, the City Council hereby acknowledges that it is in the public's best interest to acquire certain property for the construction of municipal road 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 municipal road improvements, on certain real property located in Brazoria County, Texas. Section 2. The public convenience and necessity requires the acquisition of property, 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. 1101 acquire 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 property as the construction of municipal road 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 March , A. D., 2003. ATTEST: APPROVED AS TO FORM: • DARRIN M. COKER CITY ATTORNEY 2 TOM REID MAYOR 03-14-'03 17:46 FROM -PROPERTY ACQ SEE INC 281-343-8181 T-929 P02/02 U-575 sg SET 5/8- IR SET 5/8' IR hoo. R.041 SCAM 1•-40' AT, vost � i �lei1fr11c mit� h•r1'}st'u o DESCRIPTION BEING 0,0815 ACRES OR 2.678 SQUARE FEET OF UAND IN A 14.2251 ACRE TRACT AS RECOROEO IN BRAZORIA COUNTY CLERK'S FILE NO. 99-031236, OUT OF A 27.2885 ACRES TRACT SRUATED IN THE THOM S J. GREDI SURVEY, A-198 BRAZORIA COUNTY, TEXAS, 0.0615 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES ANO BOUNOS AS FOLLOWS (BEARING AND COORDINATES BASED ON THE TUAS STATE PLANE COORDINATE SYSTDI, SOUTH CENTRAL ZONE NAB 83): BEGINNING AT THE EASTERLY CORNER OF THE SA10 14.9251 ACRES TRACT, ALSO BONG THE INTERSECTION OF THE SOLMOVESTERLY UNE OF STATE HIGHWAY F)4 518 (100' RGNT-OF-WAY) AND THE NCRTHWESTERLY LNE OF PEARLAND PARKIUY (140' RIGHT-OF-WAY), OCCUPYING TEU.S STATE DUNE COORDINATES Y=t3.788,818.1837 AND X. 3,156,126.0274 THENCE SOUTH 41'56'04' WEST ALONG THE NORTHWESTERLY UNE OF SAID PEARLANO PARKWAY A CISTANCE OF 70.82 FEET TO A 5/8 IRON ROO SET FOR A. CORNER: THENCE NORTH 1711'42 WEST, A DISTANCE OF 88.11 FEET TO A 5/3 INCH ROD SET IN THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SA10 FM 518, FOR A CORNER: THENCE SCUM 86'48'20' EAST, ALONG SAO RIGHT -OF WAY UNE, A DISTANCE OF 79.84 FEET TO THE POINT OF BEGINNING, MO CONTAINING 11f1HIN THESE CALLS 0.0615 ACRES OR 2.678 SQUARE FEET OF LAND YORE 0R LESS. DATED THIS THE 27th DAY OF NOVEMBER, 2002 THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND IS CORRECT AND AND THAT THERE ARE NO DISCREPANCIES, CONFLICTS, OR SHORTAGES IN AREA OR BOUNDARY LINES OR ANY OVERLAPPING OF IMPROVEMENTS. EASEMENTS OR RIGHTS —OF —WAY, EXCEPT AS SHOWN HEREON AND THAT SAID PROPERTY HAS ACCESS TO AND FROM A DEDICATED ROADWAY. JAMES D. SNOWDEF, P.E., R.P.LS. REGISTERED PROFESSIONAL LAND SURVEYOR, No. 2646 MAR 14 2003 16:40 VICINITY MAP N.T.S. SNOWDEN ENGINEERING, INC. CONSULTING ENGINEERS 2518 11ESTuDIS11R PEARLANO, TX 77561 (281) 4.65-20121 OFT 4 * Z JAMES D. SNOWDEN 2646 •' SUR PEARIAND PARKWAY RIGHT, OFWAY TAKING SURVEY OE9QiDB' .JC6 N0: 22-016 REF. N0. CRAW @r, JAM CMCXECI Ott ,nS OATS Jtn7i= 1--4C Cc o:ace v,Nyco\oa-01eQe.y 281 343 8181 PAGE.02