Ord. 1439 2010-10-11 TabledORDINANCE NO. 1439
Tabled
October 11, 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING APUBLIC CONVENIENCE AND NECESSITY FOR
A HIKE AND BIKE TRAIL EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT 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 a hike and bike trail 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 an easement on certain property for the construction of a
hike and bike trail 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 a hike and bike trail on certain real
property located in Brazoria County, Texas.
Section 2. The public convenience and necessity requires the acquisition of
easements, 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. 1439
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 a hike and bike trail 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 day of
A. D., 2010.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
EXHIBIT "A"
EASEMENT 4
METES AND BOUNDS DESCRIPTION
13,502 SQUARE FEET OUT OF
TRACT 7
RYAN ACRES
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 13,502 square feet out of Tract 7, Ryan Acres according to the plat thereof as
filed in Volume 9, Page 23 -24 Brazoria County Plat Records and out of a 100' wide Drainage
Easement as dedicated by said Ryan Acres, Pearland, Brazoria County, Texas and being more
particularly described by metes and bounds as follows (bearings based on Texas Coordinate
System of 1983, South Central Zone);
Commencing at•a point marking the intersection of the west right -of -way line of Creek Ridge
Drive (Ryan Acres) (60' wide) and the existing north right -of -way line of Magnolia Road (width
varies), from which a found 1" iron pipe bears 8 09° 30' 26" E 0.27' for reference; Thence
N 02° 48' 52" W 14892' with the west right -of -way line of said Creek Ridge Drive to a point
marking the beginning of a curve to the right having a radius of 330.00' and a central angle of
47° 15' 18 Thence continuing with the west right -of -way line of said Creek Ridge Drive and
said carve an are distance of 272.17' and a chord bearing and distance of N 20° 49' 12" E
264.52' to a point for corner; Thence N 44° 29' 08" E 124.35' with the northerly right -of -way
line of said Creek Ridge Drive to a point marking the southwesterly corner of said Tract 7;
Thence N 45° 30' 52" W 237.36' with the westerly line of said Tract 7 to a set 5/8" iron rod
with cap (stamped C.L. DAVIS RPLS 4464) marking the POINT OF BEGINNING of herein
described tract;
1. Thence N 45° 30' 52" W 61.64' continuing with the westerly line of said. Tract 7 to a point
for corner;
2. Thence N 48° 07' 08"E— 71.02' with the northerly line of said Tract 7 to a point for corner;
3. Thence N 47° 24' 08" E 159.33' continuing with the northerly line of said Tract 7 to a
point for corner;
4. Thence S 45 -30' 52" E 56.45' with the easterly line of said Tract 7 to a set 5/8" iron rod
with cap (stamped C.L. DAVIS RPLS 4464) for corner;
5. Thence S 46° 21' 28" W 146.74' to v. point for corner;
6. Thence S 46° 17' 26" W 83.38' to the POINT OF BEGINNING and containing 13,502
square feet (0.3100 acre) of land more or less.
This metes and bounds description is accompanied by a separate plat, drawing or exhibit per
Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices"
Section 663.19(9).
Compiled by:
C.L. Davis &'Company
Job Number: 11 -421 -128 Easement 4 rev M &B.doc
1/20/2010
Revised: 05 -10 -2010
11- 42d•128 Easement 4 rev M &t3.doc
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