Ord. 0660 1993-09-13ORDINANCE NO. 660
AN ORDINANCE DE 1'ERM KING A PUBLIC NEED AND NECESSITY FOR
THE ACQUISITION OF AN EASEMENT ON APPROXIMATELY 23,187
SQUARE FEET OF LAND, OR APPROXIMATELY 0.532 ACRE, ALONG THE
NORTH SIDE OF LOT 107 OF THE SUBDIVISION OF SECTION NO. 1, A.C.H.
& B. SURVEY, ABSTRACT NO. 147, IN PEARLAND, BRAZORIA COUNTY,
TEXAS, FOR DRAINAGE AND ASSOCIATED MUNICIPAL PURPOSES;
AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN
EMINENT DOMAIN AND TO ACQUIRE THE NEEDED EASEMENT; 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 an easement on certain real property for drainage 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 an easement on the real property for
the above stated municipal purposes; and
WHEREAS, the easement on real property to be acquired for such purposes is an
approximate 23,187 square feet of land area, located along the north side of Lot 107 of the
subdivision of Section No. 1, A.C.H. & B. Survey, Abstract No. 147, in Pearland, Brazoria County,
Texas, and is more particularly described at Exhibit "A", 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 an easement on the Property for
drainage 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
an easement on the Property.
Section 3. It is the intent of the City Council that this Ordinance authorizes the
condemnation of a drainage easement required to construct storm drainage improvements associated
with the FM 518 Drainage Outfall Improvements Project. 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 a corrected or revised easement.
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 ;Z3 day of
D., 1993.
ATTEST:
PAT JONES, Y SECRETARY
P SED and APPROVED on Second and Final Reading this the /..3
day of��-.. , A. D., 1993.
ATTEST:
PAT JONES, SECRETARY
APPROVED AS TO FORM:
LESTER G. RORICK, CITY ATTORNEY
2
,A.
EXHIBIT "A"
Tract 12 A.C.H. & B. Survey
0.532 Acre (23,187 Square Feet) Abstract No. 147
STATE OF TEXAS
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 0.532 acre tract in Lot 107 of the
Subdivision of Section No. 1, A.C.H. & B. Survey, Abstract No. 147,
Brazoria County, Texas as recorded in Volume 2, Page 1, of the Plat
Records of Brazoria County. Said 0.532 acre tract is further
described as being a part of a 36.59 acre tract described in a deed
to Barry Rose, recorded in Volume 623, Page 479 of the Brazoria
County Deed Records and is more particularly described by metes and
bounds as follows:
BEGINNING at the point of intersection of the South line of
Heritage Green Subdivision as recorded in Volume 15, Pages 203-204
of the Plat Records of Brazoria County with the Northwesterly
right-of-way line of Barry Rose Road (based on a width of 50 feet)
as described in a deed recorded in Volume 959, Page 604 of the Deed
Records of Brazoria County;
THENCE, S 44°08'38" W, along said right-of-way line of Barry Rose
Road for a distance of 104.38 feet to a point for corner;
THENCE, N 89°55'30" W, parallel to and 75.00 feet South of the
South line of said Heritage Green Subdivision for a distance of
272.72 feet to a point for corner in the East line of a 10-foot
wide right-of-way easement as described in a deed to the City of
Pearland recorded in Volume 819, Page 474 of the Deed Records of
Brazoria County;
THENCE, N 00 ° 12' 10" W, along said East line for a distance of 75.00
feet to a point for corner;
THENCE, S 89°55'30" E, passing the Southwest corner of said
Heritage Green Subdivision at a distance of 25.83 feet and
continuing along said subdivision line for a total distance of
345.59 feet to the POINT OF BEGINNING, containing a computed area
of 0.532 acre (23,187 square feet).
Prepared by:
Walsh Engineering, Inc.
2010 E. Broadway, P. 0. Box 760
Pearland, Texas 77588-0760
WEIA Job No. 92-127
February 18, 1993
Luta (
Michael D. Wilson, R.P.L.S.
Texas Registration No. 4821
EXHIBIT "A"
Tract 12 A.C.H. & B. Survey
0.532 Acre (23,187 Square Feet) Abstract No. 147
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 0.532 acre tract in Lot 107 of the
Subdivision of Section No. 1, A.C.H. & B. Survey, Abstract No. 147,
Brazoria County, Texas as recorded in Volume 2, Page 1, of the Plat
Records of Brazoria County. Said 0.532 acre tract is further
described as being a part of a 36.59 acre tract described in a deed
to Barry Rose, recorded in Volume 623, Page 479 of the Brazoria
County Deed Records and is more particularly described by metes and
bounds as follows:
BEGINNING at the point of intersection of the South line of
Heritage Green Subdivision as recorded in Volume 15, Pages 203-204
of the Plat Records of Brazoria County with the Northwesterly
right-of-way line of Barry Rose Road (based on a width of 50 feet)
as described in a deed recorded in Volume 959, Page 604 of the Deed
Records of Brazoria County;
THENCE, S 44°08'38" W, along said right-of-way line of Barry Rose
Road for a distance of 104.38 feet to a point for corner;
THENCE, N 89°55'30" W, parallel to and 75.00 feet South of the
South line of said Heritage Green Subdivision for a distance of
272.72 feet to a point for corner in the East line of a l0-foot
wide right-of-way easement as described in a deed to the City of
Pearland recorded in Volume 819, Page 474 of the Deed Records of
Brazoria County;
THENCE, N 00°12'10" W, along said East line for a distance of 75.00
feet to a point for corner;
THENCE, S 89°55'30" E, passing the Southwest corner of said
Heritage Green Subdivision at a distance of 25.83 feet and
continuing along said subdivision line for a total distance of
345.59 feet to the POINT OF BEGINNING, containing a computed area
of 0.532 acre (23,187 square feet).
Prepared by:
Walsh Engineering, Inc.
2010 E. Broadway, P. 0. Box
Pearland, Texas 77588-0760
WEIA Job No. 92-127
February 18, 1993
Michael D. Wilson, R.P.L.S.
760 Texas Registration No. 4821