Ord. 0749 09-23-96ORDINANCE NO. 749
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR A
PUBLIC WORKS PROJECT, KNOWN AS THE BARRY ROSE
WASTEWATER TREATMENT PLANT EXPANSION WITH ASSOCIATED
IMPROVEMENTS; 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; DECLARING AN EMERGENCY,
BECAUSE EXPANDING THE CITY'S BARRY ROSE WASTEWATER
TREATMENT PLANT 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 expansion of the Barry Rose Wastewater Treatment Plant; 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
of expanding the Barry Rose Wastewater Treatment Plant with associated
improvements on Barry Rose 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 Exhibits "A", "B", "C", and "D"
attached hereto and incorporated herein for all purposes.
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ORDINANCE NO. 749
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 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. The City Council hereby declares that a public emergency exists for
requiring the acquisition of said easements, because expanding the City's Barry Rose
Wastewater Treatment Plant 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 v day of
A. D., 1996.
ATTEST:
APPRr1 ED AS TO FORM:
A ' MO i E" cCUL OUGH
CITY A • RNEY
°Crt 12141)
TOM REID
MAYOR
2
Exhibit "A"
BARRY ROSE W.W.T.P.
BUFFER EASEMENT
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 4.005 acre buffer easement in the D.H.M. Hunter
Survey, Abstract No. 78 in Brazoria County, Texas. Said 4.005 acre easement is further
described as being a part of a 155.41 acre tract of land described in a deed to John
Alexander as recorded in Volume 1744, Page 18 of the Brazoria County Deed
Records. Said buffer easement is more particularly described by metes and bounds as
follows:
COMMENCING at the southeast comer of a 10 acre tract of land described in a Final
Judgment to the City of Pearland, Texas as recorded in Volume 10, Page 481 of the
Brazoria County Court Records;
THENCE, North 45° West, along the southerly line of said 10 acre tract for a distance
of 40.00 feet to the point of intersection with the northwesterly right-of-way line of Barry
Rose Road as established in said Final Judgment to the City of Pearland, said point
being the POINT OF BEGINNING of the herein described 4.005 acre buffer easement;
THENCE, South 45° West, along the northwesterly line of Barry Rose Road for a
distance of 125.00 feet to a point for comer,
THENCE, North 45° West, 125-feet south of and parallel to the south line of said City
of Pearland 10 acre tract and along the southerly line of the herein described buffer
easement, for a distance of 710.00 feet to a point for comer,
THENCE, North 45° East, 100-feet west of and parallel to the west line of said City of
Pearland 10 acre tract and along the westerly line of the herein described buffer
easement, for a distance of 1003.85 feet to a point for comer in the western line of a
90-foot wide drainage easement on the westem side of Clear Creek, said point being
90 feet perpendicular westerly form the centerline of said Clear Creek;
THENCE, South 21°19'28" East, along said drainage easement for a distance of
109.19 feet to the northwest comer of said City of Pearland 10 acre tract;
THENCE, South 45° West, along the west line of said 10 acre tract for a distance of
835.00 feet to the southwest comer of said City of Pearland 10 acre tract;
THENCE, South 45° East, along the south line of said 10 acre tract for a distance of
610.00 feet to the POINT OF BEGINNING, containing a computed area of 4.005 acres
(174,442 square feet).
NOTE: This description has been prepared using the recorded deed of the City of
Pearland 10 acre tract and has not been surveyed on the ground.
Walsh Surveying, Inc.
2006 E. Broadway S-105
Pearland, Texas 77588
(713) 485-3991
`I 1.0 -R t0
Mi« ael D. Wilson, R.P.L.S.
R 'stration No. 4821
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MICHAEL D. WILS
t' o 4821 •'? ON t.
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Exhibit "B"
BARRY ROSE W.W.T.P.
BUFFER EASEMENT
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 0.231 acre buffer easement in the D.H.M. Hunter
Survey, Abstract No. 76 in Brazoria County, Texas. Said 0.231 acre tract is further
described as being part of a 155.41 acre tract of land described in a deed to John
Alexander recorded in Volume 1744, Page 18 of the Brazoria County Deed Records.
Said buffer easement is more particularly described by metes and bounds as follows:
BEGINNING at the northeast comer of a 10 acre tract of land described in a Final
Judgment to the City of Pearland, Texas, as recorded in Volume 10, Page 481 of the
Brazoria County Court Records, said northeast comer being at the point of intersection
of a line 15-feet northwest of the Southeast line of said O.H.M. Hunter Survey with the
westem line of 90-foot drainage easement on the westem side of Clear Creek;
THENCE, South 21°19'28" East, along said drainage easement line, being parallel and
90-feet perpendicular westerly from the centerline of said Clear Creek, for a distance of
16.38 feet to a point for comer,
THENCE, South 45° West, along the westerly line of a 120-foot wide drainage
easement conveyed to the City of Pearland, same being the common line between said
D.H.M. Hunter Survey, Abstract No. 78 and the Thomas J. Green Survey, Abstract No.
198;
THENCE, North 45° West, for a distance of 15.00 feet to a point for comer in the
southeasterly line of Barry Rose Road as described in the aforementioned Final
Judgment (based on a width of 40-feet);
THENCE, North 45° East, along the southeasterly line of said Barry Rose Road,
passing the southeast comer of said City of Pearland 10 acre tract at 125.00 feet,
continuing in all a total distance of 675.00 feet to the POINT OF BEGINNING,
containing a computed area of 0.231 of an acre (10,076 square feet).
NOTE: This description has been prepared using the recorded deed of the City of
Pearland 10 acre tract and has not been surveyed on the ground.
Walsh Surveying, Inc.
200E E. Broadway S-105 i _
Pearland, Texas 77588 Miciael D. Wilson, R.P.L.S.
(713) 485-3991 Registration No. 4821
1-ZO-R(o
Exhibit "C"
BARRY ROSE W.W.T.P.
BUFFER EASEMENT
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 1.700 acre buffer easement in the Thomas J. Green
Survey, Abstract No. 198 in Brazoria County, Texas. Said 1.700 acre tract is further
described as being part of a 172.0566 acre tract described in a deed to Robert L.
Alexander, recorded in Volume 1725, Page 120 of the Brazoria County Deed Records.
Said buffer easement is more particularly described by metes and bounds as follows:
COMMENCING at the northeast comer of 10 acre tract of land described in a Final
Judgment to the City of Pearland, Texas as recorded in Volume 10, Page 481 of the
Brazoria County Court Records, said northeast comer being at the point of intersection
of a line 15-feet northwest of the common survey line between said Thomas J. Green
Survey and the D.H.M. Hunter Survey, Abstract No. 76 with the westem line of 90-foot
drainage easement on the westem side of Clear Creek;
THENCE, South 21°19'28" East, along said drainage easement line, being parallel and
90-feet perpendicular westerly from the centerline of said Clear Creek, for a distance of
16.38 feet to the POINT OF BEGINNING of the herein described buffer easement, said
point being on the said common line between the Thomas Green Survey and the
D.H.M. Hunter Survey, same being the westerly line of a 120•foot wide drainage
easement conveyed to the City of Pearland;
THENCE, South 21°19'28* East, continuing along said 90-foot drainage easement line
for a distance of 125.57 feet to a point for the northeast comer of the herein described
buffer easement tract
THENCE, South 45° West, 130-feet east of and parallel to the east line of the
aforementioned City of Pearland 10 acre tract, along the east line of the herein
described buffer easement, for a distance of 618.00 feet to a point for comer,
THENCE, North 45° West, along a line that is 125-feet south of the projected south line
of said 10 acre tract, for a distance of 115.00 feet to a point for comer in the
aforementioned common survey line;
THENCE, North 45° East, along said common survey line for a distance of 668.42 feet
to the POINT OF BEGINNING, containing a computed area of 1.700 acres (73,969
square feet).
NOTE: This description has been prepared using the recorded deed of the City of
Pearland 10 acre tract and has not been surveyed on the ground.
Walsh Surveying, Inc.
2006 E. Broadway Suite 105
Pearland, Texas 77588
(713) 485-3991 _ Zo -Q
Michael D. Wilson, R.P.L.S.
Exhibit "0"
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