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Ord. 0722 03-25-96ORDINANCE NO. 722 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR A PUBLIC ROAD PROJECT, KNOWN AS CENTENNIAL BOULEVARD AND OILER ROAD AND ASSOCIATED IMPROVEMENTS; AUTHORIZING THE CITY ATTORNEY, OR HER 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 PROVISION OF PUBLIC RIGHTS - OF -WAY 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 exits for the location, alignment, construction, operation, and maintenance of said Centennial Boulevard and Oiler Road from State Highway 35 to FM518; and WHEREAS, accordingly, the City Council hereby acknowledges that it is in the public's best interest to acquire property located in the City for this public road 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 exits for the accomplishment of the public road project, known as Centennial Boulevard and Oiler Road and associated improvements, 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 within the alignment of said project, within the City and situated in Brazoria County, more particularly described in Exhibit "A", parcels 1, 2, 8, 9 10 and 11, attached hereto and incorporated herein for all purposes. Section 3. The City Attorney, or her designee, and other City officials are hereby authorized and directed, on behalf of the City ORDINANCE NO. 722 to take such actions as are necessary to acquire fee simple title to 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 exits for requiring the acquisition of said property as the provision of public roadways 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 t2 day of C . J , A. D., 1996. ATTEST: A C. BE ATEZ ITSECRETARY APPROVED AS TO FORM: Mc LOUGH CITY ATTORNEY 2 TOM REID MAYOR EXHIBIT "A" PARCEL NO. 1 A 6.8744 acre or 299,448.0951 square foot tract of land out of Lots 13, 15, 16, 17, & 19 of the L. W. Murdock Subdivision recorded in Volume 29, Page 174 of the Deed Records of Brazoria County, Texas, also being out of a 207.179 acre tract, recorded in Volume 1597, Page 315 of the Deed Records of Brazoria County, Texas, all being out of and situated in the A. C. H. & B. Railroad Survey, Section 2, Abstract No. 507, Brazoria County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod set in the northeasterly Right -of -Way (ROW) line of State Highway No. 35 (100 feet wide) and the intersection of the southerly line of said 83.3719 acre tract, said point being the southwest corner of said 83.3719 acre tract; THENCE along a curve to the right also being the southerly line of said school tract an arc length of 354.03 feet, radius of 1000.00 feet, central angle of 20° 17' 04" to the point of tangency from which a found brass disk set in concrete bears South 63° 06' 52" East, a distance of 0.97 feet; THENCE North 80° 43' 09" East (called North 80° 39' 52" East), a distance of 727.93 feet to the point of curve to the left from which a found brass disk set in concrete bears North 80° 42' 46" East, a distance of 0.45 feet; THENCE continuing along said curve to the left, an arc length of 1116.65 feet, a radius of 2000.00 feet, central angle of 31 ° 59' 23" to the southeasterly comer of said 83.3719 acre Pearland Independent School District tract and being the common northeasterly comer of the said Parcel No. 1, from which a found brass disk set in concrete bears North 18° 08' 06" East, a distance of 0.49 feet; THENCE South 45° 57' 23" East, a distance of 135.46 feet along the northeasterly line of said Lot 17 and the common southwesterly line of the adjacent 297.58 acre tract recorded in Volume 1023, Page 297 of the Deed Records of Brazoria County, Texas, to the southeasterly corner of said Parcel No. 1; THENCE along a curve to the right, an arc length 1203.52 feet, radius of 2135.00 feet, a central angle of 32° 17' 53" to the point of tangency, said line being 135.00 feet southerly of and parallel with said School tract; THENCE South 80° 43' 09" West (called South 80° 39' 52" West), a distance of 727.93 feet to a point of curve to the left; THENCE along a curve to the left an arc length of 306.24 feet, radius of 865.00 feet, central angle of 20° 16' 31" to the point of intersection with the northeasterly ROW of State Highway No. 35 for the southwesterly comer of the herein described parcel; THENCE North 29° 33' 55" West along said ROW line a distance of 135.00 feet to the POINT OF BEGINNING, said parcel containing 299,448.0951 square feet or 6.8744 a es of land, more or less. EXHIBIT "A" PARCEL NO. 2 A 5.3128 acre or 231,426.2792 square foot tract of land out of and part of a 297.58 acre tract of land, situated in the W. D. C. Hall Survey, Abstract No. 70, recorded in Volume 1023, Page 297, Brazoria County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 6 inch X 6 inch concrete monument found in the southwesterly line of said W. D. C. Hall Survey, and being the common line for the adjacent Pearland Independent School District called 83.3719 acre tract, said point also being the South comer of a tract of land known as the Henry Vemor 50 acre tract recorded in Volume 2, Page 210, Deed Records, Brazoria County, Texas, same being the City of Pearland Independence Park, a 49.85 acre tract of land recorded in Volume 1250, Page 994, Deed Records, Brazoria County, Texas, from whence the west comer of said W. D. C. Hall Survey bears North 45° 57' 23" West (called North 45° West), a distance of 1042.11 feet (called 1041.67 feet); THENCE North 44° 20' 51" East (called North 45° 32' East) along the southeasterly line of said City of Pearland Independence Park and the common northwesterly line of said 297.58 acre tract, a distance of 140.00 feet to a point for comer, same being the northeasterly comer of Parcel No. 2; THENCE South 45° 57' 23" East (called South 44° 44' East), said line running parallel with the southwesterly line of said W. D. C. Hall Survey and the common 297.58 acre tract, being the common northeasterly line of said Pearland Independent School District tract, a distance of 1220.98 feet to a point of curve; THENCE, in a southeasterly direction, along a curve to the right, an arc length of 435.25 feet, a radius of 2070.00 feet, a central angle of 12° 02' 51" to a point of reverse curve; THENCE continuing in a southeasterly direction along a curve to the left, an arc length of 400.81 feet, a radius of 1930.00 feet, a central angle of 11 ° 56' 51" to a point marking the most southeasterly comer of the herein described Parcel No. 2; THENCE North 45° 57' 23" West, along the southwesterly line of said W. D. C. Hall survey, a distance of 2046.06 feet to the POINT OF BEGINNING and containing 231,426.2792 square feet or 5.3128 acres, more or less. EXHIBIT "A" PARCEL. NO. 8 A 5.8892 acre or 256,532.0994 square foot tract of land out of the T. D. Yocum Survey, Abstract 399 and the A.C.H.&B. Survey, Abstract 147, Brazoria County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a found 1 1/4 inch iron pipe marking the South corner of Sherwood Subdivision Replat, Section 2, recorded in Volume 999, Page 545, Plat Records of Brazoria County, Texas; THENCE South 45° 39' 12" East, along the southwest line of the Thomas J. Green Survey, Abstract 198, and the northeast line of the T. D. Yocum. Survey, Abstract 399, a distance of 1,148.14 feet to a point on a curve for the POINT OF BEGINNING; THENCE continuing South 45° 39' 12" East, along the southwest line of the Thomas J. Green survey, Abstract 198, and the northeast line of the T. D. Yocum survey, Abstract 399, a distance of 88.66 feet to the northwest corner of a 27.12 acre tract as described in Volume 735, Page 641 of the deed records of Brazoria County, Texas; THENCE South 00° 51' 55" West, along the west line of said 27.12 acres a distance of 85.23 feet to a point in a curve; THENCE in a southerly direction along a curve to the left an arc length of 786.13 feet, a radius of 1,260.00 feet, a central angle of 35° 44' 51" to a point of tangency; THENCE South 00° 51' 55" West, a distance of 888.85 feet to a point for comer, THENCE North 89° 09' 55" East, parallel with the north right-of-way (ROW) line of John Uzer Road, (60' wide), a distance of 239.73 feet to the west line of said 27.12 acre tract; THENCE South 00° 51' 55" West, along the west line of said 27.12 acre tract a distance of 10.00 feet to the north ROW line of John Uzer, THENCE South 89° 09' 55" West, along the north ROW line of John Lizer, a distance of 620.44 feet to the east line of B. M. Jamison's 60 acre tract, Volume 663, Page 99 of the deed records of Brazoria County, Texas; THENCE North 00° 51' 55" East along the east line of said 60 acre tract a distance of 10.00 feet to the point for comer,; THENCE North 89° 09' 55" East, parallel with the north ROW of John Lizer, a distance of 200.09 feet to a point for comer; THENCE North 00° 51' 55" East, a distance of 892.41 feet to a point of curve; THENCE in a northerly direction, along a curve to the right an arc length of 954.63 feet, a radius of 1,400.00 feet, a central angle of 39° 04' 07" to a POINT OF BEGINNING and con ;i i 256,532.0994 square feet or 5.8892 acres of land, more or less. . 4 orkts 26, 1995 EXHIBIT "A" PARCEL NO. 9 A 0.0364 acre or 1585.8493 square foot tract of land out of the T. D. Yocum Survey, Abstract 399, Brazoria County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found 1 1/4 inch iron pipe marking the South comer of Sherwood Subdivision Replat, Section 2, Volume 999, Page 545 of the Plat Records of Brazoria County, Texas; THENCE South 45° 39' 12" East, along the southwesterly line of the Thomas J. Green Survey, Abstract 198, and the northeasterly line of the T. D. Yocum Survey, Abstract 399, a distance of 1,227.85 feet to a found 1/2 inch iron rod and the POINT OF BEGINNING, said point also being the northwest comer of a 27.12 acre tract as described in Volume 735, Page 641 of the Deed Records of Brazoria County, Texas; THENCE continuing South 45° 39' 12" East, a distance of 51.80 feet to a point on a curve marking the most easterly comer of the herein described Parcel No. 9; THENCE in a southwesterly direction along a curve to the left, an arc length of 62.23 feet, a radius of 1,260.00 feet, a central angle of 02° 49' 47" to a point in the West line of said 27.12 acre tract; THENCE North 00° 51' 55" East, along the West line of the said 27.12 acre tract, a distance of 85.23 feet to the POINT OF BEGINNING, said tract containing 1585.8493 square feet or 0.0364 acres of land, more or Tess. EXHIBIT "A" PARCEL NO. 10 A 6.4654 acre or 281,631.1546 square foot tract of land out of a 9.889 acre tract of land described in Volume 1575, Page 257 of the Deed Records of Brazoria County, Texas, and being situated in the Thomas J. Green Survey, Abstract 198, Brazoria County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found 1 1/4 inch iron pipe marking the South comer of Sherwood Subdivision Replat, Section 2, Volume 999, Page 545 of the Plat Records of Brazoria County, Texas; THENCE South 45° 39' 12" East, along the southwesterly line of the Thomas J. Green Survey, Abstract 198, and the northeasterly line of the T. D. Yocum Survey, Abstract 399, passing at 1,033.41 feet the southwest corner of said 9.889 acre tract, in all a total distance of 1,148.14 feet to a point on a curve and the POINT OF BEGINNING; THENCE in a northeasterly direction along a curve to the right and the northwesterly line of the herein described Parcel 10, an arc length of 110.67 feet, a radius of 1,400.00 feet, a central angle of 04° 31' 45" to the point of tangency; THENCE North 44° 27' 48 East, parallel with the northwesterly line of said 9.889 acre tract, a distance of 1,877.49 feet to a point in the southwesterly Right -of -Way (ROW) line of F.M. 518 (100.00 feet wide); THENCE South 64° 10' 54" East, along the southwesterly line of F.M. 518, a distance of 147.75 feet to a point for comer marking the northeasterly comer of the herein described Parcel No. 10; THENCE South 44° 27' 48" West, along the southeasterly line of the herein described Parcel No. 10, a distance of 1,924.73 feet to a point of curve; THENCE in a southwesterly direction along a curve to the left, an arc length of 110.41 feet, a radius of 1,260.00 feet, a central angle of 05° 01' 14" to a point in the southwesterly line of the Thomas J. Green Survey, Abstract 198; THENCE North 45° 39' 12" West along the southwesterly line of the Thomas J. Green Survey, Abstract 198, and the northeasterly line of the T. D. Yocum Survey, Abstract 399, a distance of 140.46 feet to the POINT OF BEGINNING, and containing 281,631.1546 square feet or 6.4654 acres of land, more or less. EXHIBIT "A" PARCEL NO. 11 A 0.0138 acre or 602.7000 square foot tract of land out of the T. D. Yocum Survey, Abstract 399, Brazoria County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found 1 1/4 inch iron pipe marking the South comer of Sherwood Subdivision Replat, Section 2, Volume 999, Page 545 of the Plat Records of Brazoria County, Texas; THENCE South 45° 39' 12" East, along the southwesterly line of the Thomas J. Green Survey, Abstract 198, and the northeasterly line of the T. D. Yocum Survey, Abstract 399, a distance of 1,227.85 feet to a found 1/2 inch iron rod being the northwest comer of a 27.12 acre tract as described in Volume 735, Page 641 of the Deed Records of Brazoria County, Texas; THENCE South 00° 51' 55" West, along the west line of said 27.12 acre tract, a distance of 1,752.74 feet to a POINT OF BEGINNING; THENCE North 89° 09' 55" East, parallel with the north right-of-way (ROW) line of John Lizer (60' wide) a distance of 60.27 feet to a point for comer, THENCE South 00° 51' 55" West, a distance of 10.00 feet to a point in the north ROW line of John Lizer, THENCE South 89° 09' 55" West, along the north ROW line of John Uzer, a distance of 60.27 feet to the west line of said 27.12 acre tract; THENCE North 00° 51' 55" East, along the west line of said 27.12 acre tract, a distance of 10.00 feet to the POINT OF BEGINNING and containing 602.7000 square feet or 0.0138 acres of land, more or Tess.