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Ord. 0888 12-14-98ORDINANCE NO. 888 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY TO EXTEND CITY RIGHTS -OF -WAY, INCLUDING BUT NOT LIMITED TO THE EXTENSION OF PEARLAND PARKWAY, AND PROVIDE NECESSARY UTILITY OR DRAINAGE EASEMENTS IN, ON, OVER, UNDER, ACROSS, AND THROUGH 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 EXTENSION OF ADEQUATE CITY ROADS 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 roadways; 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 extend City rights -of -way, including but not limited to the extension of Pearland Parkway, and provide necessary utility or drainage 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 extend City rights -of -way, including but not limited to the extension of Pearland Parkway, and provide necessary utility or drainage 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 ORDINANCE NO. 888 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 acquire fee simple title to 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 requiring the acquisition of said property as the extension of adequate City roads 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 17 day of beCeyh be-- , A. D., 1998. ATTEST: NGL4 G SE TARY APPROVED AS TO FORM: �cutA «. M _ C .— DARRIN M. COKER CITY ATTORNEY 2 TOM REID MAYOR EXHIBIT "A" Page 1 of 2 TRACT 1 MARION E. SETTEGAST, JR., ET AL STATE OF TEXAS § COUNTY OF BRAZORIA § METES. AND BOUNDS DESCRIPTION of a 4.535 acre tract in the Thomas J. Green Survey, Abstract No. 198, Brazoria County, Texas. Said 4.535 acre tract is a part of a 118.755 acre tract described in a deed to Marion E. Settegast, Jr., et al as recorded In Volume 1247, Page 922 of the Brazoria County Deed Records and is more particularly described by metes and bounds as folloiivs: COMMENCING at a 5/8-inch iron rod found at the point of intersection of the northerly ine of East Broadway (a.k.a. F.M. 581, based on a width of 1004eet) with the westerly line of Peadand Paricway (based on a width of 1304eet) as established by a deed recorded in Clerk's Foe No. 95-008361 of the Brazoria County Deed Records, said point bears North 68°43'58" West (called North 62°50'53' West), 68.61 feet from the original southeast comer of the aforementioned 118.755 acre tract THENCE, North 41°55'55' East, (called North 45°49'00' East) along the westerly line of said Pearland Parkway for a distance of 2,718.93 feet to a 5/8-inch iron rod set for the POINT OF BEGINNING of the herein described tract, said point being the point of curvature of a curve to the left; THENCE, along said curve to the left having a radius of 1,000.00 feet, a central angle of 59°15'53', (chord bears North 12°1719' East, 988.86 feet) for an arc distance of 1,034.36 feet to a 5/8-inch iron rod set for the point of tangency of said curve; THENCE, North 17°19'5T West, for a distance of 734.42 feet to a 5/8-inch iron rod set in the easterly line of Whitehead Road (based on a width of 30-feet), same being the westerly fine of the aforementioned Settegast 118.755 acre tract THENCE, North 41°55'11' East, along the westerly fine of said 118.755 acre tract, same being the easterly line of said Whitehead Road, for a distance of 151.26 feet to a 5/8-inch iron rod set for the northeasterly comer of the herein described tract THENCE, South 17°19'5T East, for a distance of 811.76 feet to a 5/8-inch iron rod set for the point of curvature of a curve to the right THENCE, along said curve to the right having a radius of 1,130.00 feet, a central angle of 31 °30'38', (chord bears South 01°34'38' East, 613.66 feet) for an arc distance of 621.46 feet to a 5/8-inch iron rod set in the aforementioned westerly line of Pearland Parkway; EXHIBIT "A" Page 2 of 2 THENCE, South 41°55'55" West, (called South 45°49'00" West) along the westerly line of said Pearland Parkway for a distance of 526.21 feet to the POINT OF BEGINNING, containing a computed area of 4.535 aces (197,552 square feet). NOTE The bearings shown hereon are based on City of Peartand Monumentation using NAD 1983 horizontal control. Walsh Surveying, Inc. 2006 East Broadway, Suite 105 Pearland, Texas 77581 (281) 485-3991 Job No. 98-157 wh,,JD IA ichael D. Wdson, R.P.LS. Registration No. 4821 iD-i3-98 EXHIBIT "B" Page 1 of 2 TRACT 2 MARION E. SETTEGAST, JR., ET Al. STATE OF TEXAS § COUNTY OF BRAZORIA § METES AND BOUNDS DESCRIPTION of a 2.656 acre tract in the Thomas J. Green Survey, Abstract No. 198, Brazoria County, Texas. Said 2.656 acre tract is a part of a 17.85 acre tract described as Tract No. 2 in a deed to Marion E. Settegast, Jr., et al as recorded in Volume 1247, Page 922 of the Brazoria County Deed Records and is mom particularly described by metes and bounds as follows: COMMENCING at a ),2-inch iron rod found for the southwesterly comer of said 17.85 acre tract, said point being on the northwesterly line of Whitehead Road (based on a width of 304eet); THENCE, North 41°55'11' East, along the southeasterly line of said 17.85 acre tract, same being the northwesterly rite of said Whitehead Road for a distance of 406.84 feet to a 5/84nch iron rod set for the POINT OF BEGINNING of the herein described tract THENCE, North 17°19'ST West, for a distance of 309.86 feet to a 5/8-inch iron rod set for the point of curvature of a curve to the left; THENCE, along said curve to the left having a radius of 1,805.00 feet, a central angle of 14°08'52e, (Chord bears North 24°2423" West, 444.57 feet) for an am distance of 445.70 feet to a 5/84nch iron rod set for the point of tangency of said curve; THENCE, North 31°28'49° West, for a distance of 153.98 feet to a 5/8-inch iron rod set for the southwesterly corner of the herein described tract, said point being in the northwesterly line of the aforementioned 17.85 acre tract, same being the southeastedy line of a Brazoria County Drainage Distic t Number Four Drainage Right-of-way as described in a deed recorded in Volume 1736, Page 884 of the Brazode County Deed Records; THENCE, North 55°59'45' East, along the northwesterly line of said 17.85 acre tract for a distance of 130.13 feet to a 5/8-inch iron rod set for the northwesterly comer of the herein described tract THENCE, South 31°28'49- East, for a distance of 159.71 feet to a 5/8-inch iron rod set for the point of curvature of a curve to the right THENCE. along said curve to the right having a radius of 1935.00 feet, a central angle of 14°08'52-, (chord bears South 24°2423" East. 476.59 feet) for an arc distance of 477.80 feet to a 5/8-inch iron rod set for the point of tangency of said curve; EXHIBIT "B" Page 2 of 2 THENCE, South 17°19'57" East, for a distance of 232.53 feet to a 5/8-inch iron rod set for the northeasterly corner of the herein described tract. said point being in the aforementioned southeasterly line of the 17.85 acre tract, same being the aforementioned northwesterly line of Whitehead Road: THENCE, South 41°55'11" West, along the southeasterly line of said 17.85 acre tract fora distance'& 151.26 feet to the POINT OF BEGINNING, containing a computed area of 2.656 acres (115,673 square feet) NOTE The bearings shown hereon are based on City of Pearland Monumentation using NAD 1983 horizontal control. Walsh Surveying, Inc. 2006 East Broadway, Suite 105 Pearland, Texas 77581 (281) 485-3991 Job No. 98-157 10-5-16 chael D. Wdson, R.P.LS. Registration No. 4821 MICHAEL D. WILSON) 4821 �z; r / ` g�° sua���•