Ord. 0573 07-17-89ORDINANCE NO. 573
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DECLARING THE PUBLIC NECESSITY FOR
THE MAINTENANCE OF NASAWOOD DRIVE IN THE CITY AND FOR
THE ACQUISITION OF RIGHT-OF-WAY FOR SAME; DECLARING AN
IMMEDIATE PUBLIC EMERGENCY, AND HAVING OTHER
PROVISIONS RELATED TO THE SUBJECT
WHEREAS, the completion of development of Nasawood Subdivision in the City
would promote further growth and development of the northwest portion of the City; and
WHEREAS, the development of Nasawood Subdivision cannot be completed
without maintenance of the roadway of Nasawood Drive in the City; and
WHEREAS, such maintenance will require a seventy foot (70') right-of-way
easement along a portion of Nasawood Drive as more particularly described in Exhibit No. 1
attached hereto; and
WHEREAS, claims of persons and entities to ownership of the land in question, to
the nonexistence of road or road right-of-way, and the impediment of public travel along and
across the paved portion of Nasawood Drive in question have created an immediate public
emergency affecting life, health, property or the public peace;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS;
Section 1. That the City Council of the City of Pearland, Texas, does hereby
declare that an urgent public necessity exists for the acquisition of a seventy foot (70') right-
of-way easement along a portion of the existing roadway of Nasawood Drive as more
particularly described on attached Exhibit No. 1
Section 2. That City Staff and special counsel to the City are hereby authorized
to take any and all actions, including the filing of an eminent domain action, necessary either
to preserve or obtain the seventy foot (70') right-of-way easement along a portion of
Nasawood Drive as more particularly described in attached Exhibit No. 1.
Section 3. This Ordinance shall be in full force and effect immediately upon
passage on one reading in accordance with the emergency provisions of Section 3.10 of the
City Charter for the reasons expressed in the recital portion of this Ordinance, which Council
finds as fact.
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PASSED AND APPROVED this /'/ day of ( , A.D., 1989.
ATTEST:
City Seer ary
APPROVED AS TO FORM:
alaaL
City Attorney
Mayor
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EXHIBIT NO. 1
0.7025 acres of land out of a called 24.646 acre tract conveyed to Loomis International, Inc.,
as recorded under Volume 1210, Page 433 of the Deed Records of Brazoria County, Texas,
and located in the Jas. F. Perry and Emily M. Austin League, Abstract No. 111, Brazoria
County, Texas, said 0.7025 acres of land being more particularly described by metes and
bounds as follows:
COMMENCING at a 1/2 inch iron rod found for the most northerly corner of a called 59.9698
acre tract, known as Nasawood, as recorded under Volume 17, Page 73 through 76 of the Map
Records of Brazoria County, Texas, same being described in a deed conveyed to Crystal
Homes, Inc., as recorded under Volume 1683, Page 846 of the Deed Records of Brazoria
County, Texas;
THENCE South 45° 00' 01" East along the northeast line of said Nasawood, a distance of
182.83 feet (called 182.55 feet) to a 1/2 inch iron rod found for the PLACE OF BEGINNING
of the herein described tract;
THENCE North 44° 54' 10'! East (called North 45° 00' 32" East) a distance of 437.12 feet to a
3/4 inch iron pipe found for corner;
THENCE South 45° 00' 03" East (called South 44° 53' 41" East) a distance of 70.00 feet to a
3/4 inch iron pipe found for corner;
THENCE South 44° 54' 10" West (called South 45° 00' 32" West) a distance of 437.12 feet to a
1/2 inch iron rod found for corner in the northeast line of said Nasawood;
THENCE North 45° 00' 01" West along the northeast line of said Nasawood, a distance of
70.00 feet to the PLACE OF BEGINNING of the herein described tract and containing within
these calls 30,599 square feet or 0.7025 acres of land.