Loading...
Ord. 0647 11-09-92ORDINANCE NO. 647 AN ORDINANCE DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF FEE SIMPLE TITLE TO APPROXIMATELY 24,986 SQUARE FEET OF LAND, OR APPROXIMATELY 0.5736 ACRE, ALONG THE EAST SIDE OF BARRY ROSE ROAD AT ITS INTER- SECTION WITH FARM -TO -MARKET ROAD 518 IN PEARLAND, BRAZORIA COUNTY, TEXAS, FOR RIGHT-OF-WAY, UTILITY, AND ASSOCIATED MUNICIPAL PURPOSES; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN AND TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Pearland, Texas, upon consideration of the matter, has determined that there exists a public necessity for the welfare of the City of Pearland and the public -at -large to acquire certain real property for right-of-way, utility, and associated municipal purposes; and, WHEREAS, in accordance with the above, City Council of City of Pearland, Texas, hereby finds and determines that it is in the public interest to acquire fee simple title to real property for - the above stated municipal purposes; and WHEREAS, the real property to be acquired for such purposes is an approximate 24,986 square feet of land, located along the east side of Barry Rose Road at its intersection with Farm -to -Market Road 518 in Pearland, Brazoria County, Texas, and is more particularly described at Exhibit "A", attached hereto and made a part hereof for all purposes by reference (the "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 it is necessary for the welfare of the City and its citizens and is in the public interest to acquire fee simple title to the Property for right-of-way, utility, and associated municipal purposes. Section 2. The City Manager, or his designee, is hereby authorized on behalf of the City to attempt to agree on damages and proceedings in Eminent Domain to acquire fee simple title to the Property. Section 3. It is the intent of the City Council that this Ordinance authorizes the condemnation of all property required to construct street improvements associated with the widening of Barry Rose Road and to construct utility improvements. If it should be later determined that there are any errors in the description contained herein, or if later surveys contain more accurate revised descriptions, the City Attorney, or his designee, is authorized to have such errors corrected, or revisions made, without the necessity of obtaining a new City Council Ordinance authorizing the condemnation of corrected or revised .property. Section 4. The findings of facts, recitations, and provisions set out in the preamble of this Ordinance are adopted and made a part of the body of this Ordinance as fully as if the same were set forth herein. Section 5. This Ordinance shall become effective immediately after its final approval. PASSED and APPROVED on First Reading this the 9 day of 7d1/7 A. D., 1992. C. V. COP � MAYOR ATTEST: PAT JONES CITY SECRE PASSED and APPROVED on Second and Final Reading this the 3 day of l/ -».4.-e-4.-7 , A. D., 1992. _� 0 APPROVED AS"TO Fp RM: LESTER G. RORICK CITY ATTORNEY EXHIBIT A A parcel of land containing 0.5736 acres, more or less, being out of a 310.5 acre tract being described by deed recorded in Volume 409, Page 159, of the Brazoria County Deed records and is the same land conveyed by the Allison Richey Land. Company to Carry A. Easterly by deed dated January 8, 1914 and recorded in Volume 129, Page 59 of said Deed Records said 13.1015 acre tract being in the Thomas J. Green One -Third League Survey, A-198, Brazoria County, Texas and being more fully described as follows: COMMENCING at a 3/4 inch iron pipe found marking the intersection of the northwesterly line of Barry Rose Road (40 feet wide) and the northerly line of F.M. Highway 518, said iron pipe being on the southeast corner of the Regency Park Subdivision according to the Plat thereof recorded in Volume 9, Page 1, Plat Records Brazoria County, Texas; THENCE S 60° 57' 27" E, a distance of 41.12 feet to a point being the intersection of the southeasterly right-of-way line of said Barry Rose Road and said northerly line of F.M. Highway 518; said point being the POINT OF BEGINNING; THENCE N 44° 04' 00" E, with the said southerly right-of-way line of Barry Rose Road, the same being the northwesterly line of the said proposed 40 foot wide drainage easement, a distance of 623.57 feet to a point; THENCE S 64° 05' 59" E, a distance of 42.10 feet to a 5/8 inch iron rod on the southeasterly line of the said proposed 40 foot wide drainage easement; THENCE S 44° 04' 00" W, with the said southeasterly line of the said 40 foot wide drainage easement, a distance of 625.64 feet to a 5/8 inch iron rod on the said northerly line of F.M. Highway 518; THENCE, Northerly, along the said northerly line of F.M. Highway 518, and a curve to the right having a radius of 5729.58 feet through a central angle of 00° 24' 54", a distance of 41.50 feet to the POINT OF BEGINNING and containing 0.5736 acres of land, more or less.