Ord. 0750 09-23-96ORDINANCE NO. 750
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR A
PUBLIC WORKS PROJECT, KNOWN AS GARDEN ROAD WATER WELL
WITH ASSOCIATED IMPROVEMENTS, INCLUDING BUT NOT LIMITED
TO A SANITARY CONTROL EASEMENT; AUTHORIZING THE CITY
ATTORNEY; OR HER 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 FOR THE
PURPOSE OF ACQUIRING SAID SANITARY CONTROL EASEMENT; AND
DECLARING AN EMERGENCY AS THE PROTECTION OF THE PUBLIC
WATER SUPPLY 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 a sanitary control
easement; 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 this
public works project; 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 works project
known as Garden Road Water Well with associated improvements, including but not
limited to a sanitary control easement on Garden Road 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 Exhibit "A", attached hereto and
incorporated herein for all purposes.
1
ORDINANCE NO. 750
Section 3. The City Attorney, or her 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 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 easements, as the protection of the public water
supply 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 day of
A. D., 1996.
ATTEST:
YOL,r 'A C. BENITEZ
CITY SECRETARY
APP'• •VED AS TO FORM:
TES McCULLOUGH
CIT ORNEY
TOM REID
MAYOR
2
Exhibit "A"
PROPOSED SANITARY CONTROL EASEMENT
STATE OF TEXAS
5
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a proposed sanitary control easement in
the H.T.&E.R.R. Company survey, Abstract No. 219, Brazoria
County, Texas. Said easement is in Lot 15 of the Allison -Richey
Gulf Coast Home Company Subdivision, Section 7, as recorded in
Volume 2, Page 23, of the Brazoria County plat Records and is
further described as being in a 2.0 acre tract described in a
deed to Rolando Garza and wife, America Garza as recorded in
Clerk's File No. 93-016389 of the Official Public Records of
Brazoria County. Said easement is more particularly described by
metes and bounds as follows:
COMMENCING at the southwest corner of said Lot 15, said point
being in the centerline of Garden Road (County Road 109, based on
a width of 30 feet), same being the west line of said N.T.&B.R.R.
Company survey, Abstract No. 219, from which a found 5/8-inch
iron rod bears North 88'35'01" East, 28.79 feet.
THENCE, North, along the centerline of said Garden Road, same
being the west line of said Survey, for a distance of 267.89 feet
to the southeast corner of said 2.0 acre tract;
THENCE, South 89.42'04" East, along the south line of said 240
acre tract, same being the north line of a 7.984 acre tract
described in a deed to the City of Pearland as recorded in Volume
1736, Page 997, passing a 5/8-inch iron rod at 28.71 feet,
continuing for a total distance of 42.79 feet to the POINT OF
BEGINNING, said point being in a curve to the right;
THENCE, along the proposed sanitary control easement line and
with said curve to the right having a radius of 150.00 feet (said
radius point being the center of a proposed water well), a
central angle of 130 43'47", for an arc distance of 342.25 feet
to a point for corner on. the aforementioned common line between
the 7.984 acre tract and 2.0 acre tract;
Page 2
Sanitary Control Basement
THOME, North 89.42104" West, along said common line for a
distance of 272.69 test to the POINT OP BEGINNING, containing a
calculated area of 0.394 of an acre (17,144 square feet).
Job No. 95-145
Walsh surveying, Inc.
2006 B. Broadway, Suite 105
Pearland, Texas 77588
(713) 485-3991
Michael d. TFlilson P.L.3 .
Registration No. 4821
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MICHAEL D. WILSON
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