Ord. 1389 2009-10-12ORDINANCE NO. 1389
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE AN EASEMENT FOR THE CONSTRUCTION OF DRAINAGE
IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN;
AUTHORIZING THE CITY ATTORNEY, OR HIS 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; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION
OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council recognizes that a public convenience and necessity
exists for the location, construction, operation, and maintenance of drainage improvements
on certain real property described herein; and
WHEREAS, accordingly, the City Council hereby acknowledges that it is in the
public's best interest to acquire a drainage easement to certain property for the
construction of drainage improvements on said 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 a public
convenience and necessity exists for the construction of drainage improvements on �ertain
real property located in Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition of right-
of-way, by donation, purchase, condemnation, or otherwise, of certain real property located
within the City and situated in Brazoria County, more particularly described in Exhibits "A"
and "B" attached hereto and incorporated herein for all purposes.
Section 3. The City Attorney, or his designee, and other City officials are hereby
authorized and directed, on behalf of the City to take such actions as are necessary to
ORDINANCE NO. 1389
acquire the property, described in Exhibits "A" and "B" 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
the acquisition of said property as the construction of drainage improvements 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 12 day of October,
A. D., 2009.
pyy1J `�`�
TOM REID
MAYO R
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
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EXHIBIT "A"
EASEMENT 35
METES AND BOUNDS DESCRII'TION
11,571 SQUARE FEET OUT OF
LOT 28
W. ZYCHI,INSKI'S SUBDNISION
R. B. LYLE SURVEY, ABSTR.ACT 542
PBARLAND, BRAZORiA COUNTY, TEXAS
Exhibit "A"
Ordinance No. 1389
All that certain 11,571 square feet out of Lot 28, W. Zychlinski's Subdivision according to the
plat thereof as filed in Volume 49, Page 43 Brazoria County Deed Records, R. B. Lyle Survey,
Abstract 542, Pearland, Brazoria County, Texas and being out of that certain tract as described in
a deed dated 03-21-2007 fzom FEF Family Partnership to PR.P Pearland Plaza, LLC as filed in
the Official Records of Real Property of Brazoria County at Clerk's File Number 2007-041729
and being more particularly described by metes and bounds as follows (bearings based on Texas
Coordinate System of 1983, South Centrai Zone);
Cornmencinb at a point mazking the southwest comer of Minor Subdivision Plat PeazIand ISD
Administradon Building as filed in Document Number 2008-043425 Brazoria County Plat
Records, from which a found 2" iron pipe in conerete (disturbed) bears S 82° 29' 28" VJ — 0.42'
for reference; Thence N 02° 40' 00" W— 24.10' with the west line of said Minor Subdivision
Plat Peazland ISD Administration Building to the POINT OF BEGINNING of herein described
tract;
1. Thence S 87° 15' 00" VJ — 381.96' with the north line of a 20' wide drainage and utiiity
easement as dedicated by that certain deed filed in Volume (88), Page 52 Brazoria County
Official Records ta a point for corner;
2. Thence N i6° 30' 00" W— 30.89' with the east right-of-way line of G. C. & S. F. Railroad
(100' widej to a point for comer;
3. Thence I�T 87° 15' 00" E— 389.34' to a point for comer,
4. Thence S 02° 40' 00" E— 30.00' with the west Iine of said Minor Subdivision Plat Pearland
TSD Administration Building to the POINT OF BEGINNING and containing 11,571 square
feet (0.2656 acre) of land more or Iess.
This metes and bounds descriprion is accompanied by a separate plat, drawing or exhibit per
Texas Boarcl of Professional T.and Surveyor's "General Rules of Procedures and Practices"
5ection 663.19(9).
Compiled by: C.L. Davis & Company
Job Number: 11-421-104 Easement 35 MBcB.doc
08/17/2009 '
11-431-104 Easement 35 M&H
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Exhibit "B"
�rdinance No. 1389
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