Ord. 0942 11-22-99ORDINANCE NO. 942
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE PROPERTY FOR THE CONSTRUCTION OF A SANITARY
SEWER LIFT STATION, AND PROVIDE NECESSARY TEMPORARY
CONSTRUCTION EASEMENTS TO 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; DECLARING AN EMERGENCY AS THE
CONSTRUCTION OF SANITARY SEWER FACILITIES 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 location, construction, operation, and maintenance of additional City
sanitary sewer facilities; and
WHEREAS, accordingly, the City Council hereby acknowledges that it is in the
public's best interest to acquire property located in the City to construct a sanitary
sewer lift station, and provide necessary temporary construction easements in, on,
over, under, across, and through 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 accomplishment of the public project to
construct a sanitary sewer lift station, and provide necessary temporary construction
easements in, on, over, under, across, and through certain real property located in
Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition, by
donation, purchase, condemnation, or otherwise, of certain real property located within
1
ORDINANCE NO. 942
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 acquire fee simple title to 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 extension of adequate sanitary sewer
facilities 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 22nd day of
November , A. D., 1999.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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EXHIBIT
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METES AND BOUNDS DESCRIPTION
OF A
0.0143 ACRE TRACT
HT&B R.R. COMPANY SURVEY
SECTION 8 ABSTRACT 504
BRAZORIA COUNTY, TEXAS
A PARCEL. OF LAND CONTAINING 0.0143 OF AN ACM (825 SQUARE FEET) MORE OR LESS, BEING
OUT OF LOT 43, ALLISON:RICHEY GULF COAST HOME COMPANY'S SUBDIVISION, AS RECORDED
IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY. TEXAS, SAME BEING OUT OF THAT
CERTAIN TRACT CONVEYED FROM CECIUA M. MORELAND ET AL TO LUTHER A SAWYER, AS
RECORDED IN VOLUME 1025, PAGE 362, DEED RECORDS OF BRAZORIA COUNTY, TEXAS, SAID
0.0143 ACRE TRACT BEING SITUATED IN THE H T & B R.R. COMPANY SURVEY, SECTION 6,
ABSTRACT504, IN BRAZORIA COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A FOUND 518 INCH IRON ROD IN THE WEST LINE OF GARDEN ROAD,
COUNTY ROAD NO. 109 (80-FOOT R.O.W.), SAME BEING IN THE NORTH LINE OF LOT 44 OF
SAID ALLISON-RICHEY GULF COAST HOME COMPANY'S SUBDIVISION AND ALSO BEING IN
THE SOUTH LINE OF SAID LOT43, FOR THE NORTHEAST CORNER OF THE REMAINDER OF
THAT CERTAIN TRACT CONVEYED FROM MINNI SCHIFANI ETAL TO JEFFERY LON ELUOTT
AND SUZANNE O'DAY ELUOTT AS RECORDED IN FILE NO. 93-048826, OFFICIAL RECORDS
OF BRAZORIA COUNTY, TEXAS, SAME BEING THE SOUTHEAST CORNER OF THE
REMAINDER OF THE SAID SAWYER PROPERTY, FROM WHICH A FOUND 314 INCH IRON PIPE
BEARS N 37° 52' 35" E, 1.37 FEET;
THENCE, S 87° 18' 20" W, WITH THE SAID NORTH LINE OF LOT 44, AND THE NORTH LINE OF
THE SAID ELLIOTT AND ELLIOTT TRACT, SAME BEING THE SAID SOUTH UNE OF LOT 43,
AND THE SOUTH LINE OF THE SAID SAWYER TRACT, A DISTANCE OF 25.00 FEETTOA SET
5/8 INCH IRON ROD;
THENCE. N 03° 10' 30" W, CROSSING A PORTION OF SAID LOT43, AND THE SAID SAWYER
PROPERTY, A DISTANCE OF 25.00 FEET TO A SET 5/8 INCH IRON ROD;
THENCE, N 87° 18' 20" E, CONTINUING TO CROSS PORTION OF SAID LOT43AND THE SAID
SAWYER PROPERTY, ADISTANCEOF 25.00 FEET TO ASET 5/8 INCH IRON ROD IN THE SAID
WEST UNE OF GARDEN ROAD, COUNTY ROAD NO. 109, SAME BEING THE EAST LINE OF
THE REMAINDER OF THE SAID SAWYER PROPERTY;
THENCE, S 03° 10' 30" E, WITH THE SAID WEST LINE OF GARDEN ROAD, COUNTY ROAD NO.
109, SAME BEING THE SAID EAST LINE OF THE REMAINDER OF THE SAWYER PROPERTY,
A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.0143 OF AN
ACRE (625 SQUARE FEET) OF LAND MORE OR LESS.
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CUFTON SEWARD, R.P.L.S. #4337