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Ord. 0124 1966-02-10AN ORDINANCE MAKING CERTAIN FINDINGS CONCERNING CERTAIN CONDEMNATION PROCEEDINGS DESCRIBED IN SAID ORDINANCE; AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO DISMISS SUCH CONDEMNATION PRO- CEEDINGS; MAKING CERTAIN FINDINGS CONCERNING CERTAIN LANDS DESCRIBED IN SAID ORDINANCE; DE- TERMINING THAT SUCH LANDS ARE NEEDED FOR THE PUBLIC USES AND PURPOSES DESCRIBED IN SAID OR- DINANCE; AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO PURCHASE SAID PARCELS OF LANDS FOR CONSIDERATION OF CERTAIN SUMS OF MONEY; AND AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO BRING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE SUCH LANDS IF THEY CANNOT BE ACQUIRED BY PURCHASE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND: Section 1. The Council makes the following find- ings. Prior to January 14, 1966, the City of Pearland had negotiated with the Estate of C. H. Alexander and Mrs. Helen Alexander for the purpose of purchasing certain tracts of land in the D.H.M. Hunter Survey, Abstract No. 76, Brazoria County, Texas. Upon the failure of such negotiations, the Council instructed the City Attorney to condemn the parcels of land necessary for a site of a sewage disposal plant and other public purposes incidental thereto, and pursuant to such instruction, on January 14, 1966 the City Attorney filed in behalf of the City of Pearland a Petition in Condemnation seeking to acquire parcels of land for the aforesaid purposes, the County Judge of Brazoria County duly appointed special commissioners, such special commissioners duly qualified and issued notice of hearing to the owners of the property, and such notices were served on January 15, 1966. On January 27, 1966, a hearing was held before the special commissioners and said commissioners duly returned an award. Prior and subsequent to such hearing, the Defend- ants in said proceeding have evidenced a determination to prevent the City of Pearland from acquiring the parcels of land needed for public purposes. On January 24, said Defend- ants filed a plea in abatement seeking to abate and stop the proceedings on several technical grounds. After said hearing, said Defendants filed a plea for injunction with the County Judge of Brazoria County, again seeking, on technical grounds, to prevent the City of Pearland from acquiring the parcels of land needed for public purposes, and, subsequent to such hearing, one of such Defendants caused employees of the City of Pearland who were surveying on the Defendants' land to be unlawfully arrested. In view of the attitude of the owners of the parcels of land needed and to avoidunnec- essary conflict with such owners, the City Attorney has ad- vised the Council that acquisition of the parcels of land needed for public purposes can be prosecuted more expedi- tiously and economically if the present condemnation pro- ceeding is dismissed and additional negotiations initiated. to purchase said parcels of land and new condemnation proceed- ings filed if they cannot be purchased through negotiation. Section 2. The City Attorney hereby is authorized and directed to dismiss the proceedings in eminent domain now pending against John Alexander, Independent Executor of the Estate of C. H. Alexander and Mrs. Helen Alexander and to proceed to acquire for the City of Pearland the par- cels of landhereinafter described in accordance with the terms and provisions of this ordinance. Section 3. The Council hereby finds and determines that public convenience and necessity require that the City of Pearland acquire the following described property inter- ests in and to the following described parcels of land for the public purpose stated for each: (a) The fee simple title in and to the surface estate of the parcel of land described as Tract One in Ex- hibit "A" attached hereto and made a part hereof for all purposes for use as a site for a sewage disposal plant, there hereby being excluded from the estate to be acquiredthe mineral estate, without any right whatsoever remaining in the owner or owners of such mineral estate of ingress or -2- egress to or from the surface of said parcel of land for the purpose of exploring, developing, drilling or mining of the same; (b) An easement for street purposes in and over the parcel of land described as Tract Two in Exhibit "A" at- tached hereto; and (c) A permanent right-of-way and easement in, under, upon, over and across the parcel of land described as Tract Three in Exhibit "A" attached hereto on which to construct, operate, maintain, repair and replace a pipeline or pipelines for the transportation of effluent from the sewage disposal plant on said. Tract One, with the City and the owners of such land to have the following rights and obligations: The City will construct such pipeline or pipe- lines below the surface of the ground, and after the same has been laid, fill the same over with earth in a manner to prevent sinking and level the earth so that no mound or in- dentation will remain over said pipeline or pipelines; the City shall backfill all ditches so that the land will be left in substantially the same condition as when entered. upon by the City; the City shall not fence the right-of-way or easement and shall have no right to erect fences thereon or along the lines of the easement; the owners shall have the right to use any and every part of such easement for all purposes, provided that such purposes shall not unrea- sonably interfere with the exercise by the City of its rights, and without the written approval of the City of the plans therefor, the owners shall not erect any buildings, struc- tures or other obstructions on or over said easement; and. the owners shall retain all other rights of possession, occupation and use as are not inconsistent with the City's reasonable use of the easement granted. -3- (d) A temporary easement for sewage effluent pipeline or pipelines purposes (outfall line or lines) in, upon, over and across the parcel of land described as Tract Four in Exhibit "A" attached hereto, such temporary easement to be used for construction purposes, and the duration thereof to be limited to the completion of the work of constructing the pipeline or pipelines in the aforesaid described perma- nent easement over Tract Three, or for a period of eighteen (18) months from the date of the acquisition,of title thereto by the City, whichever first occurs, and said temporary ease- ment to be for the purpose of permitting the City of Pearland and its contractors, agents, servants andemployees to enter thereupon and to move thereon various vehicles, tools and equipment necessary for the purpose of constructing said pipeline or pipelines and to place thereon soil excavated. during the construction of said pipeline or pipelines and to place upon such temporary easement the various materials used in the construction of said pipeline orpipelines, and to do and perform all necessary acts appertaining to the construction of said pipeline or pipelines; and when the City of Pearland and its contractor, or either, have completed the work of constructing the pipeline or pipelines in said perm- anent easement this parcel of land shall be cleaned up and. cleared of all soil and refuse, and all vehicles, tools, and equipment shall be removed therefrom. (e) Temporary easements for street purposes in, upon, over and across the parcels of land described as Tract Five and Tract Six in Exhibit "A" attached hereto, such temporary easements to be used for construction purposes, and the duration thereof to be limited to the completion of the work of constructing the street in and upon the afore- said described street easement over Tract Two, or for a period of eighteen (18) months from the date of the acqui- sition of title to such easements by the City, whichever -4- first occurs, and said temporary easements to be for the purpose of permitting the City of Pearland and its contrac- tors, agents, servants and employees to enter thereupon and. to move thereon various vehicles, tools and equipment neces- sary for the purpose of constructing said street, including the installation of water and sewer lines, and to place thereon soil excavated during such construction and to place upon such temporary easements the various materials used in said construction, and to do and perform all necessary acts appertaining to said construction; and when the City of Pear - land and its contractor, or either, have completed the con- struction work in said permanent easement for street purposes, these parcels of land shall be cleaned up and cleared of all soil and refuse, and all vehicles, tools and equipment shall be removed therefrom. Section 4. The Council hereby finds that payment of the following sums of money for the property interests to be acquired will constitute adequate compensation to the owners thereof for the taking of such property interests: Tract One $19,500.00 Tract Two 3,206.00 Tract Three 100.00 Tract Four 18.00 Tract Five 420.00 Tract Six 570.00 Section 5. The Council hereby authorizes and di- rects the City Attorney to offer such sums to the owners of said parcels of land for the above described property inter- ests to be acquired and to consummate the purchase thereof if such offers are accepted. If such offers are not accepted within five (5) days from their making, the City Attorney hereby is authorized and directed to bring eminent domain proceedings on behalf of the City of Pearland against the -5- owners of or claimants to said parcels of land, under any applicable provisions of law, to acquire the above described property interests in said parcels of land for the purposes heretofore stated. ADOPTED this /®'day of February , 1966 APPROVED: Mayor ATTEST: City Secretary The mayor having rejected this ordinance, the same of which has remained on file more than (3) three days, this ordinance has been passed and adopted by' majority vote of the City Council in a special meeting held on Thursday Night, February 17, 1966. 47,4 Victor A. Nolen ar f'.> Basil L. CogbillK yoe Dan Calvin *-, .L oCR%xr x nO r Ad001 1063X, TRACT ONE: A 10 acre tract for the plant site proper 10 acres of land, more or less, out of the Southeast side of the D. H. M. Hunter Survey, Abstract N.o. 76, Brazoria County, Texas; BEGINNING at the intersection of the Western line of a 90-foot drainage ieasement on the Western side of Clear Creek with a line parallel to and 15 feet perpendicular Northwesterly from the Southeast line of said D. H. • M. Hunter Survey, said beginning point being 90 feet perpendicular Westerly from the centerline of Clear Creek; THENCE South 45 deg, West along said line which is parallel to and 15 feet perpendicular Northwesterly from the said Southeast line of the D. H. M. Hunter Survey, being also approximately 35 feet Northwesterly from the centerline of a drainage ditch along the Northwestern side of the Thomas I. Green 1/3 League, Abstract No. 198, a distance of 550. 0 feet to a point for corner; THENCE North 45 deg. West 650.0 feet. to a point for corner; THENCE North 45 deg. East, being parallel to and 665. 0 feet perpendicular Northwesterly from the Southeast line of the said D. H. M. Hunter Survey, 835 feet, more or less, to the point on the Western line of a 90-foot drainage easement on the Western side of Clear Creek, said point being- 90 feet per- pendicular Westerly from the centerline of said Clear Creek; THENCE in a Southeasterly direction along said Western line, being parallel to and 90 feet perpendicular Westerly from the centerline of Clear Creek to the place of Beginning, and containing approximately. 10 acres of land, more or less. TRACT TWO: A 40 foot strip of land for access to the plant site A strip Of land 40 feet wide out of the Southeastern side of the D. H. M. Hunter Survey, Abstract No. 76, and of the East' corner of Tract 103 of the ZychJinski's Subdivision of Section 1, HTe,B RR Company Survey, Abstract No. 233, Brazoria County, Texas; BEGINNTIVG at a point on the South line of said Tract No. 103 of said Zychiins1d's Subdivision, said beginning point being 35 feet perpendicular Northwesterly from the centerline of a drainage ditch along the Northwestern side of the Thomas T. Green 1/3 League, Abstract No. 198, said beginning point being 21.2 feet West from the East corner of said Tract No. 103; TITENCE North 45 deg. East along a line approximately parallel to and 35 feet perpendicular Northwesterly from the centerline of said drainage ditch, being parallel to and 15 feet perpendicular Northwesterly from the Southeast line of • the said D. H. M. Hunter Survey, 2200 feet, more or less, to a point 550 feet South 45 deg. 00 min. West froth the intersection of said line 15 feet North- westerly from the Southeast line of said,D. H. .M. Hunter Survey with the xc coPro , -d- EXHIBIT A Page 1 kEno ',COPY O 3%' Northwest line of the 90-foot drainage easement along the West side of Clear Creek, said point being the South corner of a tract of 10 acres, more or less; THENCE North 45 deg. East along the Southwest line of said 10 acre tract, 40. 00 feet to a point for corner; THENCE South 45 deg. West, being parallel to and 55 feet perpendicular Northwesterly from the Southeast line of said D. H. M. Hunter Survey, 2240 feet, more or less, to the South line of the aforementioned Tract No. 103 of Zychlinski's Subdivision; THENCE East 56. 56 feet along said South line to the place of Beginning and containing 2.04 acres of land, more or less. TRACT THREE: A 20= oot strip of land for out -fall line from the Plant site to Clear Creek A 20-foot strip of land across the 90 foot drainage easement on the Western side of Clear Creek at the Southeastern side of the D. H. M. Hunter Survey, Abstract No. 76, Brazoria County, Texas; BEGINNING at the intersection of the Western line of a 90-foot drainage easement on the Western side of.Clear Creek with a line parallel to and 15 feet perpendicular Northwesterly from the Southeast line of the said D. H. M. Hunter Survey, said beginning point being 90 feet perpendicular Westerly from the centerline of Clear Creek; THENCE North 45 deg. East along a line parallel to and 15 feet perpendicular Northwesterly from the said Southeast line of the D. H. M. Hunter Survey to the centerline of Clear Creek; THENCE up said centerline to .a point 35 feet perpendicular Northwesterly from the said Southeast line of the D. H. M. Hunter Survey; THENCE South 45 deg. West, being- parallel to and 35 feet Northwesterly from the said Southeast line of the D. H. M. Hunter Survey, to the .aforementioned Western line of the 90-foot drainage easement; • THENCE Southeasterly along said Western line to the place of Beginning, and containing 0.046 acre of land. EXHIBIT A Page 2 'n nO ENO.-�..-. YY CO.Yf rThlspy tr..