Ord. 0688 1995-02-27 TabledORDINANCE NO. 688
AN ORDINANCE DETERMINING A PUBLIC NEED AND NECESSITY FOR
THE ACQUISITION OF FEE SIMPLE TITLE TO APPROXIMATELY
936,500 SQUARE FEET OF LAND, OR APPROXIMATELY 21.5 ACRES,
EAST OF COUNTY ROAD 89 ALONG THE NORTH LINE OF PROPOSED
SOUTHFORK DRIVE, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT
547, IN PEARLAND, BRAZORIA COUNTY, TEXAS, FOR THE
SOUTHWEST REGIONAL WASTEWATER TREATMENT PLANT AND
ASSOCIATED PURPOSES; AUTHORIZING THE CITY ATTORNEY TO
FILE PROCEEDINGS IN EMINENT DOMAIN AND TO ACQUIRE THE
NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Pearland, Texas, upon
consideration of the matter, has determined that there exists a
public necessity for the welfare of the City of Pearland and the
public -at -large to acquire certain real property for the Southwest
Regional Wastewater Treatment Plant, and associated municipal
purposes; and,
WHEREAS, in accordance with the above, City Council of City of
Pearland, Texas, hereby finds and determines that it is in the
public interest to acquire fee simple title to real property for
the above stated municipal purposes; and
WHEREAS, the real property to be acquired for such purposes is
approximately 936,500 square feet of land, located east of County
Road 89, along the north line of proposed Southfork Drive, in
Pearland, Brazoria County, Texas, and is more particularly
described at Exhibits "A" and "B", attached hereto and made a part
hereof for all purposes by reference (the "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
it is necessary for the welfare of the City and its citizens and is
in the public interest to acquire fee simple title to the Property
for the Southwest Regional Wastewater Treatment Plant, and
associated municipal purposes.
Section 2. The City Manager, or his designee, is hereby
authorized on behalf of the City to attempt to agree on damages and
compensation to be paid to owners of the Property. If the City
Manager, or his designee, determines that an agreement as to the
damages and compensation cannot be reached, then the City Attorney,
or his designee, is hereby authorized to file, or cause to be
filed, against the owners of interests in and to the Property,
proceedings in Eminent Domain to acquire fee simple title to the
Property.
Section 3. It is the intent of the City Council that this
Ordinance authorizes the condemnation of all property required to
construct and maintain the Southwest Regional Wastewater Treatment
Plant, and all associated purposes. If it should be later
determined that there are any errors in the description contained
herein, or if later surveys contain more accurate revised
descriptions, the City Attorney, or his designee, is authorized to
have such errors corrected, or revisions made, without the
necessity of obtaining a new City Council Ordinance authorizing the
condemnation of corrected or revised property.
Section 4. The findings of facts, recitations, and provisions
set out in the preamble of this Ordinance are adopted and made a
part of the body of this Ordinance as fully as if the same were set
forth herein.
Section 5. This Ordinance shall become effective immediately
after its final approval.
PASSED and APPROVED on First Reading this the /3
, A. D., 1995.
MAYOR
ATTEST:
PAT JONE
CITY SEC ETARY, TRMC
day of
DAVID SMITH, MAYOR PRO TEM
PASSED and APPROVED on Second and Final Reading this the
day of , A. D., 1995.
ATTEST:
PAT JONES
CITY SECRETARY, TRMC
2
C. V. COPPINGER
MAYOR
APPROVED AS TO FORM:
AMY MOTES MCCULLOUGH
CITY ATTORNEY
ORDINANCE NO. 688
3
EXHIBIT 'A'
21.500 Acre Tract
STATE OF TEXAS
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 21.500 acre tract of land in the
H.T. & B.R.R. Co. Survey, Section 17, Abstract No. 242 and the G.C.
Smith Survey, Section 18, Abstract No. 547 in Brazoria County,
Texas. Said 21.500 acre tract is a part of a 77.4389 acre tract
described in a deed to Southwyck Three Ltd. recorded in Film Code
No. 93-036169 of the Brazoria County Deed Records and is more
particularly described by metes and bounds as follows:
COMMENCING at a 5/8-inch iron rod found for the southeast corner of
a 9.6067 acre Linear Detention Pond Site described in a deed
recorded in Volume 117, Page 629 of the Brazoria County Deed
Records, said point being further described as being in the
southerly line of the proposed Southfork Drive right-of-way (based
on a width of 100-feet) and the northerly line of a,13.3699 acre
Linear Detention Pond Site described in a deed recorded in Volume
115, Page 516 of the Brazoria County Deed Records;
THENCE, North 02°24'59" West, along the east line of said 9.6067
acre tract for a distance of 101.08 feet to a 5/8-inch iron rod set
for the POINT OF BEGINNING of the herein described 21.500 acre
tract, said point being in the northerly line of said proposed
Southfork Drive;
THENCE, North 02°24'59" West, continuing along said east line for
a distance of 836.90 feet to a brass cap set in concrete found on
the southerly line of Thalerfield Drive (varying width at this
point), said point being the point of curvature of a curve to the
left;
THENCE, along the southerly line of Thalerfield Drive, with said
curve to the left having a radius of 1535.00 feet, a central angle
of 03°56'49", (chord bears North 85°21'35" East, 105.72 feet) for
an arc distance of 105.74 feet to a brass disk in concrete found
for the point of reverse curvature of a curve to the right;
THENCE, along the cut -back arc from Thalerfield Drive to Glencullen
Lane having a radius of 25.00 feet, a central angle of 83°41'52",
(chord bears South 54°46'05" East, 33.36 feet) for an arc distance
of 36.52 feet to a brass disk set in concrete found for the point
of tangency of said curve;
THENCE, North 77°04'39" East, for a distance of 50.00 feet to a
brass disk in concrete found in the easterly line of said
Glencullen Lane (based on a width of 50 feet), said point being in
a curve to the left;
EXHIBIT 'A'
21.500 Acre Tract
Page 2
THENCE, along the easterly line of said Glencullen Lane, with said
curve to the left having a radius of 1825.00 feet, a central angle
of 02°33'16", (chord bears North 14°11'59" West, 81.36 feet) for an
arc distance of 81.37 feet to a brass disk found for the southwest
corner of Lot 1, Block 3, of Southwyck Section Three, Phase One as
recorded in Volume 19, Page 339 of the Brazoria County Plat
Records;
THENCE, North 79°03'49" East, along the south line of said Block 3
of Southwyck Section Three, Phase One for a distance of 160.32 feet
to a brass disk in concrete found for corner;
THENCE, North 83°14'06" East, continuing along said south line for
a distance of 124.75 feet to a brass disk in concrete found for
corner;
THENCE, North 88°16'47" East, continuing along said south line for
a distance of 55.17 feet to a brass disk in concrete found for the
southeast corner of Lot 6 of said Block 3 of Southwyck Section
Three Phase 0ne;
THENCE, South 84°04'59" East, for a distance of 99.49 feet to a
5/8-inch iron rod set for corner;
THENCE, South 82°03'30" East for a distance of 162.90 feet to a
5/8-inch iron rod set for corner;
THENCE, South 75°52'52" East, for a distance of 225.55 feet to a
5/8-inch iron rod set for the northeast corner of herein described
21.500 acre tract;
THENCE, South 02°24'59" East, for a distance of 920.39 feet to a
5/8-inch iron rod set for the southeast corner of the herein
described tract, said point being in the aforementioned proposed
northerly right-of-way line of Southfork Drive;
THENCE, South 86°40'32" West, along said northerly right-of-way
line for a distance of 194.68 feet to a 5/8-inch iron rod set for
the point of curvature of a curve to the right;
THENCE, continuing along said northerly right-of-way line and with
said curve to the right having a radius of 1950.00 feet, a central
angle of 09°16'52", (chord bears North 88°41'01" West, 315.53 feet)
for an arc distance of 315.87 feet to a 5/8-inch iron rod set for
the point of tangency of said curve;
EXHIBIT 'A'
21.500 Acre Tract
Page 3
THENCE, North 84°02'3
right-of-way line for
BEGINNING, containing
square feet.
Walsh Surveying, Inc.
2006 E. Broadway
Pearland, Texas 77588
WSI Job No. 95-112
6" West, continuing along said northerly
a distance of 473.15 feet to the POINT OF
a computed area of 21.500 acres or 936,545
N 4' - 15
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Mich el D.'Wilson, R.P.L.S.
Registration No. 4821
EXHIBIT B
SOUTHWYCK
SECT.
TWO
6A
SECTION
THREE,
PHASE
ONE
(UNDER
CONSTRUCTION)
TIT"r7-7
6B
EXIST
S.T.P.
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WA Are.��%/'///iw..
r,
PROPOSED
21.5 ACRE
REGIO
S. T. P.
SOUTKFORK
B. C. M. U.
D. #1
NAL
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DRIVE
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(KINCA1D DRIVE
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Subject Property