Ord. 0339 11-22-76ORDINANCE NO.339
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS,
DIRECTING THE MAKING OF A FINAL OFFER FOR
ROAD RIGHT-OF-WAY PURPOSES AND ORDERING
INSTITUTION OF CONDEMNATION PROCEEDINGS.
WHEREAS, it has been heretofore determined by the City
Council of the City of Pearland, Texas, that it is necessary for
the City of Pearland to acquire a certain right-of-way for road-
way purposes over and through land presently owned by South
Corridor One, LTD., a Texas Limited Partnership, said right-of-
way being described by metes and bounds as follows:
Tract 1 - All of that certain 5.9472 acres of land, out of tracts
64 and 65 of the George W. Jenkins Subdivision, W.D.C. Hall
League, Abstract 70, Brazoria County, Texas, and more particularly
described by metes and bounds as follows:
BEGINNING at a one (1) inch iron pipe at the intersection
of the existing southeast right-of-way line of Dixie
Farm Road with the northeast right-of-way line of McDonald
Road;
THENCE N. 45 deg. 00 min. 27 sec. E. along said right-of-
way line of Dixie Farm Road a distance of 156.03 ft. to
the PC of a curve;
THENCE along said curve to the left in a south and South-
easterly direction a distance of 80.15 ft. to the PT of
said curve whose central angle is 153 deg. 04 min. 38 sec.
and whose radius is 30.00 ft.;
THENCE along a curve to the right in a Northeasterly
direction a distance of 190.42 ft. to the PT of said curve
whose central angle is 7 deg. 18 min. 38 sec. and whose
radius is 1,492.395 ft.;
THENCE N. 79 deg. 14 min. 27 sec. E. a distance of 744.76
ft. to the PC of a curve;
THENCE along a curve to the left in a Northeasterly direc-
tion a distance of 634.96 ft. to the PT of said curve
whose central angle is 19 deg. 40 min. 00 sec. and whose
radius is 1,849.86 ft.;
THENCE N. 59 deg. 34 min. 27 sec. E. a distance of 462.20
ft. to a point in the northeast boundary line of Tract 64;
THENCE S. 44 deg. 46 min. 27 sec. E. with said boundary
line of Tract 64 a distance of 61.93 ft. to the most East-
erly corner of said Tract 64;
THENCE S. 45 deg. 01 min. 43 sec. W. along the southeast
boundary of Tract 64 a distance of 238.90 ft. to a point;
THENCE S. 59 deg. 34 min. 27 sec. W. a distance of 246.30
ft. to the PT of a curve;
THENCE along said curve to the right in a southwesterly
direction a distance of 676.15 ft. to the PC of said
curve whose central angle is 19 deg. 40 min. 00 sec. and
whose radius is 1,969.86 ft.;
THENCE S. 79 deg. 14 min. 27 sec.
ft. to the PT of a curve;
THENCE along said curve to the left in a Southwesterly
direction a distance of 181.88 ft. to the PC of said curve
whose central angle is 7 deg. 35 min. 36 sec. and whose
radius is 1,372.395 ft.;
THENCE along a curve
a distance of 104.12
central angle is 119
is 50.00 ft.
W. a distance of 744.76
to the left in a Southerly direction
ft. to the PC of said curve whose
deg. 18 min. 55 sec. and whose radius
Tract 2 - All of that certain 1,3825 acres of land, out of tracts
65, 66, 67, 68, 69, 70 and 71, of the George W. Jenkins Subdivi
sion, W.D.C. Hall League, Abstract 70, Brazoria County, Texas,
and more particularly described by metes and bounds as follows:
BEGINNING at a 3/4 inch iron pipe for the most Westerly
corner of Tract 71 of said subdivision, said point also
being in the southeast right-of-way of existing Dixie
Farm Road;
THENCE N, 45 deg. 00 min. 27 sec. E. along said right-of-
way of Dixie Farm Road a distance of 3,111.96 ft. to a
one (1) inch iron pipe at the intersection of Dixie Farm
Road and McDonald Road;
THENCE S. 47 deg. 40 min. 04 sec. E. along the southwest
right-of-way line of McDonald Road a distance of 134.52
ft. to a point;
THENCE. along a curve to
a distance of 59.66 ft.
central angle is 68 deg.
is 50.00 ft.;
THENCE along a curve to the left in a Southwesterly direc-
tion a distance of 454.03 ft. to the PC of said curve
whose central angle is 18 deg. 57 min. 19 sec. and whose
radius is 1,372.395 ft.;
THENCE S. 45 deg. 00 min. 27 sec. W. parallel with and 15
ft. from the existing right-of-way line of Dixie Farm Road
a distance of 2,638.80 ft. to a point in the southwest
boundary of Tract 71;
THENCE N. 44 deg. 46 min. 27 sec. W. a distance of 15.00
ft. to the PLACE OF BEGINNING and containing 1.3825 Acres
of Land.
the left in a Westerly direction
to the PC of said curve whose
22 min, 10 sec. and whose radius
WHEREAS, the City Council has further determined that said
right-of-way above described is necessary to promote the public
safety and to facilitate the safety and movement of vehicular
traffic, and that public convenience and necessity requires that
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the City of Pearland, lay out, open, construct and maintain a
public roadway as part of the road system of the City of Pearland,
on, over and across the land above described, and that the above
described tracts of land are suitable for such use and for such
purposes, and
WHEREAS, the City of Pearland, Texas, acting by and through
its duly elected Mayor, did agree to acquire the land necessary
for the construction of the said public roadway, and did on
September 27, 1976, offer to purchase the said property from
South Corridor One, Ltd. for a total consideration of Twenty -Eight
Thousand Two Hundred Eighty -Two and No/100 ($28,282.00) Dollars;
and
WHEREAS, it appears to the City Council that the efforts of
the Mayor and others representing the City, have been unsuccess-
ful in the acquisition of said right-of-way and that the City of
Pearland, Texas, acting by and through its officers and agents,
has made a bona fide effort to agree with said owner and lien -
holders on the price to be paid for said right-of-way and the
damages sustained by the owner thereof, if any; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
I
That the preamble of this ordinance is hereby adopted as a
part of this ordinance and constitutes a finding by this City
Council of the facts therein set forth.
II.
That the Mayor or the City Manager of the City of Pearland,
Texas, be and they are hereby directed to make a formal and final
offer to the said South Corridor One, Ltd., and the respective
lienholders, the sum of Twenty -Eight Thousand Two Hundred Eighty -
Two & No/100 ($28,282.00) Dollars, which said sum includes pay-
ment for the land taken for said right-of-way and damages, if any,
of every kind and description, to the remainder of the land
owned by the said South Corridor One, Ltd., a Texas Limited Part-
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nership. Said offer as above detailed shall continue for a period
of seven (7) days from date of delivery thereof to said party,
and after the expiration of said seven (7) day period, said offer,
if not accepted by the execution and delivery by said parties of
a Right -of -Way Easement for roadway purposes to the City convey-
ing the above described property, shall be deemed by the City
Council to have been rejected by the owners of said land and that
condemnation of said right-of-way is necessary.
III.
If said offer is not accepted within the time specified
above, it is ordered that condemnation proceedings be instituted
by the City of Pearland, Texas, against the said South Corridor
One, Ltd., a Texas Limited Partnership, seeking the acquisition
of a right-of-way on, over and across the land above described.
IV.
In the event said offer is rejected by the said South Corri-
dor One, Ltd., a Texas Limited Partnership, it is ordered that
Bobby J. Williams, City Attorney of the City of Pearland, Texas,
be and he is hereby directed to, as attorney for the City of
Pearland, take any and all legal action required by law in the
institution of said condemnation proceedings and the prosecution
of same to final judgment, securing to the City of Pearland,
Texas, a right-of-way over, on and across the land above described
for City roadway purposes.
V.
It is further ordered that the City Manager, William E. Wolff,
deliver to the South Corridor One, Ltd., a. certified copy of this
ordinance, together with the proposed Right -of -Way Easement.
VI.
This ordinance shall be effective upon its Passage, Approval
and Adoption upon Second and Final Reading.
PASSED and APPROVED upon First Reading at a Regular Meeting
of the City Council of the City of Pearland, Texas, this 24,
day of /(�rr}- , 1976.
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CITY OF PEARLAND, TEXAS
ATTEST: By:
r
City Secret
6
Mayor
PASSED, APPROVED and ADOPTED upon Second and Final Reading
at a Regular Meeting of the City Council of the City of Pearland,
Texas, this day of , 1976.
CITY OF PEARLAND, TEXAS
ATTEST: By:
City Secretary
Effective Date:
Mayor
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CITY OF PEARLAND, TEXAS
P. 0. BOX 157 - PHONE 485-2411
Honorable Mayor and City Council
City of Pearland
Pearland, Texas
Gentlemen:
In accordance with the provisions of applicable law(s) of the
State of Texas and ordinance(s) of the City of Pearland, I (We)
respectfully request audience with the City Council to submit for
its consideration the following remonstrance(s) and/or-petition(s):
See Letter attached
October 15, 1976
Mr. William E. Wolff
City Administrator
City of Pearland
Pearland, Texas
Dear Mr. Wolff:
THE
GUSTAFSON
GROUP
si,g2a7112D
OCT 18 1976
CITY. or
.EARLAN[I
Mr. Gustafson and I would like to appear before the Pearland City
Council at the next scheduled meeting, October 26, 1976.
We would like to discuss the acquisition of right-of-way for the proposed
extension of Dixie Farm Road and the Council's intentions regarding
landowner's assessment for construction.
Please advise as to time and place on the agenda. Thanks.
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