Ord. 1402 2009-07-27ORDINANCE NO. 1402
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 WATER AND
SEWER 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 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 water and sewer
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 an easement for the construction of water and sewer
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 water and sewer improvements on
certain real property located in Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition of right-
of-way, by donation, purchase, condemnation, or otherwise, of certain real property located
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
ORDINANCE NO. 1402
acquire the easement, 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
the acquisition of said easement as the construction of water and sewer 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 27th day of July,
A. D., 2009.
ATTEST:
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M REID
MAYOR
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
2
- Exhibit "A" j
Ordinance No. 1402 ~
(~ PARCEL 9 -- '
30' WATER AND SEWER LINE EASEMENT E
METES AND FOUNDS DESCRIPTION
OF 0.4591 ACRE'OF LAND
1N THE D. WHITE SURVEY, A-881
HARRIS COUNTY, TEXAS
All that certain 0.4591 acre of land out of Lot 1, Block 1, of MINOR SUBDIVISION PLAT
OF REC-TIME SUBDIVISION, according tb the plat thereof recorded under Film Code
No. 6000053, in the Map Records of Harris County, Texas, in the D. White Survey, A-
881, Harris County, Texas, and more particularly described by metes and bounds as
follows; (All bearings based on the Texas State Plane Coordinate System, South
Central Zone)
COMMENCING at a Texas Department of Transportation monument found far the east
end of the southeast right of-way cutback curve at the intersection of State Highway 288
(width varies) and Beltway 8 (width varies); THENCE North 80° 13' 30" East - 303.05',
along the south right-of-way line of laid Be[iway 8, to the northeast corner of the 11.250
acre tract described in the deed. from Winter Mountain, Inc. to Beltway 11.25, LP,
recorded under File No. 2504987, in the Official Public Records of Real Properly of
Harris County, Texas, common to the northwest corner of said Lot 1, and the northwest
corner and POINT OF BEGINNING of the herein described easement;
THENCE North 80° 13' 30A East - 666.69', along said south right-of-way line, common
to the north line of said Lot 1, to the northeast corner of said~Lot 1, common tc the
northeast corner of the herein described easement, in the west line of the 2.73 acre
tract described as Tract A in .the deed from J. A. Harris, et ux. to Jean Arlan Harris,
recorded under File No. E504779, in the Officia! Public Records of Rea! Property of
Harris County, Texas, from which a Texas Department of Transportation monument
found at the southwest intersection of said Beltway 8 and Tom Bass Park Road (width
varies} bears North 80° 13' 30" East -~ 460.34';
THENCE South 02° 40' 10" East -- 30.23', along the east fine of said Lot 1, common to
the west line of said 2.73 acre tract, to the southeast corner of the herein described
easement;
THENCE South 80° 13' 30" West - 666.54', thirty feet south of and parallel with
aforesaid south right-of--way line, to the southwest corner of the herein described
easement, in the west line of said Lot 1, common to the east line of aforesaid 11..250
acre tract;
~~ _
Page 2 - 30' Water and Sewer Lime Easement
THENCE North 02° 57' 27" West - 30.2.4', along said common line, to the Pt)INT QF
BEGINNING ,of the herein described easement and containing 0.4591 acre of land.
Prepared by:
PATE SURVEYORS
a division of Pate Engineers, lnc.
Job No. 1717-D02-00-521
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HEATHER L PASSMORE
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@rtl~CatiOh i~atE'
March S, 2008
THIS LEGAL DESCRIPTION IS ISSUED AS AN ATTACHMENT TO )=ASEMENT DEDI.CATIC3N
DOCUMENTS. IT SHOULD NOT BE USED F~OF~ TITLE TRANSFER.
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Exhibit "B"
~~ Ordinance No. 1402
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