Ord. 0906 06-14-99ORDINANCE NO. 906
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING PUBLIC CONVENIENCE AND
NECESSITY FOR CONSTRUCTION OF A TRAFFIC SIGNAL AND
RELATED APPURTENANCES ASSOCIATED WITH THE
McHARD ROAD OVERPASS; AUTHORIZING THE CITY ATTORNEY,
OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH
ACTIONS AS ARE NECESSARY TO ACQUIRE EASEMENTS ON
PROPERTY LOCATED WITHIN THE CITY, BY DONATION,
PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT
DOMAIN; DECLARING AN EMERGENCY, BECAUSE CONSTRUCTION
OF A TRAFFIC SIGNAL FOR THE McHARD ROAD OVERPASS
BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF
THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council recognizes that public convenience and necessity
exists for the construction of a traffic signal for the McHard Road overpass; and
WHEREAS, accordingly, the City Council hereby acknowledges that it is in the
public's best interest to acquire easements on property located in the City for
construction of the traffic signal; 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 a traffic signal and related
appurtenances associated with the McHard Road overpass in Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition, by
donation, purchase, condemnation, or otherwise, of easements on certain real property
located within the alignment of said project, within the City and situated in Brazoria
County, more particularly described in Exhibits "A", "B", "C", and "D" attached hereto and
incorporated herein for all purposes.
1
ORDINANCE NO. 906
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 easements on 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. Declaration of Emergency. The City Council hereby declares that
a public emergency exists for requiring the acquisition of said easements, because
construction of the traffic signal 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.t�
PASSED and APPROVED on First and Only Reading this the ) `f-1(\ day of
, A. D., 1999.
ATTEST:
iUNGLJf'Fir' /
SEI; TARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
2
15-FOOT WIDE UTILITY EASEMENT NO. 1
CARL VERNON HALIK, ET AL
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 15-foot wide Utility Easement in the R.B. Lyle Survey,
Abstract No. 542, in Brazoria County, Texas. Said Easement is a part of Lot 52 of the
W. Zychlinski Subdivision as recorded in Volume 29, Page 43 of the Brazoria County
Deed Records and is further described as being a part of a 10 acre tract described in a
deed to Carl Vernon Halik, Alice Fay Halik, and Cecil John Halik as recorded in File No.
93-008275 of the Brazoria County Official Records and is more particularly described
by metes and bounds as follows:
BEGINNING at the point of intersection of the east right-of-way line of State Highway
No. 35 (based on a width of 100-feet) with the north property line of said 10 acre tract;
a found 5/8-inch iron rod bears South 02°45'20' East, 0.85 feet);
THENCE, North 87°13'21" East, along the north line of said 10 acre tract for a distance
of 10.00 feet to the northeast comer of the herein described tract;
THENCE, South 02°45'20" East, 10-east of and parallel to the east line of said State
Highway No. 35 for a distance of 15.00 feet to a 5/8-inch iron rod set for the southeast
comer of the herein described tract
THENCE, South 87°13'21" West, 15-feet south of and parallel to the north line of said
10 acre tract for a distance of 10.00 feet to the southwest comer of the herein
described tract, said point being in the east line of said State Highway No. 35;
THENCE, North 02°45'20" West, along the east line of said State Highway No. 35 for a
distance of 15.00 feet to the POINT OF BEGINNING, containing a computed area of
0.003 of an acre (150 square feet).
NOTE: The bearings shown hereon are based on City of Pearland monuments using
NAD 83 Horizontal Control.
Walsh Surveying, Inc.
2006 E. Broadway, S-105
Pearland, Texas 77581
281-485-3991
Job No. 96-191
Michael D. Wilson, R.P.LS
Registration No. 4821
15-FOOT WIDE UTILITY EASEMENT NO. 2
CARL VERNON HAUK, ET AL
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 15-foot wide Utility Easement in the R.B. Lyle Survey,
Abstract No. 542, in Brazoria County, Texas. Said Easement is a part of Lot 52 of the
W. Zychlinski Subdivision as recorded in Volume 29, Page 43 of the Brazoria County
Deed Records and is further described as being a part of a 10 acre tract described in a
deed to Carl Vemon Halik, Alice Fay Halik, and Cecil John Halik as recorded in File No.
93-008275 of the Brazoria County Official Records and is more particularly described
by metes and bounds as follows:
COMMENCING at the point of intersection of the east right-of-way line of State
Highway No. 35 (based on a width of 100-feet) with the north property line of said 10
acre tract; a found 5/8-inch iron rod bears South 02°45'20" East, 0.85 feet);
THENCE, South 02°45'20* East, along the east right-of-way line of said State Highway
No. 35 for a distance of 135.00 feet to the POINT OF BEGINNING and northwest
comer of the herein described tract;
THENCE, North 87°13'21' East, 135-feet south of and parallel to the north line of said
10 acre tract for a distance of 10.00 feet to a 5/8-inch iron rod set at the northeast
comer of the herein described tract;
THENCE, South 02°45'20" East, 10-east of and parallel to the east line of said State
Highway No. 35 for a distance of 15.00 feet to a 5/8-inch iron rod set for the southeast
comer of the herein described tract;
THENCE, South 87°13'21" West, 150-feet south of and parallel to the north line of said
10 acre tract for a distance of 10.00 feet to the southwest comer of the herein
described tract, said point being in the east line of said State Highway No. 35;
THENCE, North 02°45'20" West, along the east line of said State Highway No. 35 for a
distance of 15.00 feet to the POINT OF BEGINNING, containing a computed area of
0.003 of an acre (150 square feet).
NOTE: The bearings shown hereon are based on City of Pearland monuments using
NAD 83 Horizontal Control.
Walsh Surveying, Inc.
2006 E. Broadway, S-105
Pearland, Texas 77581
281-485-3991
Job No. 96-191
►o-1-97
Michael D. Wilson, R.P.L.S
Registration No. 4821
TRACT 4
CARL VERNON HAUK, ET AL
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 0.028 of an acre tract in the R.B. Lyle Survey,
Abstract No. 542, Brazoria County, Texas. Said tract is a part of Lot 52 of the W.
Zychlinski Subdivision as recorded in Volume 29, Page 43 of the Brazoria County Deed
Records and is further described as being a part of a 10 acre tract described in a deed
to Carl Vemon Halik, Alice Fay Halik and Cecil John Halik as recorded in File No.
93-008275 of the Brazoria County Official Records and is more particularly described
by metes and bounds as follows:
COMMENCING at the point of intersection of the north property line of said 10 acre
tract with the east right-of-way line of State Highway No. 35 (based on a width of 100-
feet), a found 5/8-inch iron rod bears South 02°45' 20" East, 0.85 feet;
THENCE, South 02°45'20" East, along the east right-of-way line of said State Highway
No. 35 for a distance of 15.00 feet to a 5/8-inch iron rod set for the POINT OF
BEGINNING of the herein described tract;
THENCE, North 87°13'211 East, 15-feet south of and parallel to the north line of said
10 acre tract for a distance of 10.00 feet to a 5/8-inch iron rod set for the northeast
comer of the herein described tract;
THENCE, South 02°45'20' East, 10-feet east of and parallel to the east line of said
State Highway No. 35 for a distance of 120.00 feet to a 5/8-inch iron rod set for the
southeast comer of the herein described tract;
THENCE, South 87°13'21° West, for a distance of 10.00 feet to a 5/8-inch iron rod set
for the southwest comer of the herein described tract, said point being in the east line
of said State Highway No. 35;
THENCE, North 02°45'20" West, along the east line of said State Highway No. 35 for a
distance of 120.00 feet to the POINT OF BEGINNING, containing a computed area of
0.028 of an acre (1,200 square feet).
NOTE: The bearings shown hereon are based on City of Peariand monuments using
NAD 83 Horizontal Control.
Walsh Surveying, Inc.
2006 E. Broadway, S-105
Pearland, Texas 77581
281-485-3991
Job No. 96-191
Michael D. Wilson, R.P.L.S.
Registration No. 4821
5/8" IR MDR
WITH CAP
EXHIBIT
LOT
44
OMPANY
3.C.D.R.
hor4'zo'w
140.01
POINT OF BEGINNING
POINT OF COMMENCING --
FOUND 6 8" IR 0.85
SOUTH OF CORNER
NO2'45'20"W
15.00'
St T 5/8' IR
15' UTILITY EASEMENT
0.003 ACRE 150 SQ.FT.
I!)
TRACT 4
0.028 ACRE
1200 SQ.FT.
FAUNf) 5/8. IR
r- N8713' "E - CHAIN LINK
FENCE
r
15' UTILITY EASEMENT
0.003 ACRE 150 SQ. FT.
SET 5/e" IR -
NO2'45'20'W ---
15.00'
Sf T 5/8' IR —
so ao - 200
90-dt
9
(V
N
�- '41
S02'45'208E
13.00'
— SET 5/5' IR
N8713'zI E
10.00
- S8713'21 °W
10.00
-- - SET 5/8" IR
S02'45'20'E
15.00'
- t T 5/8" IR
- S8 1 '2) °W
DETAIL A
PROPERTY
LINE
10/1/07
DEVISED TO ADO TRACT 4
1111111111111111111111111111
WALSH SURVEYING
PROFESSIONAL LAND SURVEYORS
2006 L5879trAY
EARIAND,TEXA'(281) FAX (281) 485-395
INC
CITY
OF PEARLAND, TEXAS
BRAZORIA .COUNTY, TEXAS
H85: tt 66-OZ--4UV