Ord. 1441 2010-10-11 TabledORDINANCE NO. 1441
Tabled
October 11, 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING A PUBLIC 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. 1441
acquire the property, described in Exhibits "A" and 13" 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
Compiled by:
C.L. Davis Company
fob Number: 11 Basemen
1/20/2010
Revised: 05- 10.2010
EXHIBIT "A"
EASEMENT 8
METES AND BOUNDS DESCRIPTION
11,847 SQUARE FEET OUT OF
TRACT 11
RYAN ACRES
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 11,847 square feet out of Tract 11, 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 5 09° 30' 26" E 0.27' for reference; Thence
S 87° 11' 08" W 605.00' with the original north right -of -way line of said Magnolia to a point
marking the southeast corner of said Tract 11, from which a found 2" iron pipe in concrete bears
N 87° 11' 08" E 0.72' for reference; Thence N 02° 48' 52" W 397.37' with the east line of
said Tract 11 to a set 5/8" iron rod with cap (stamped C.L. DAVIS RPLS 4464) marking the
POINT OF BEGINNING of herein described tract and marking a point on a curve to the right
having a radius of 1,330.96' and a central angle of 03° 11' 56";
L Thence with said curve an arc distance of 74.31' and a chord bearing and distance of
5 87° 15' 14" W 74.30' to a set 5/8 "iron rod with cap (stamped C.L. DAVIS RPLS 4464)
for corner;
2. Thence 5 87° 50' 55" W 114.66' to a set 5/8" iron rod with cap (stamped C,L. DAVIS
RPLS 4464) marking a point on a curve to the right having a radius of 347.25' and a central
angle of 10° 07' 49";
3. Thence with said curve an are distance of 61,40' and chord bearing and distance of
N 87° 22' 56" W 61.32' to a set 5/8" iron rod with cap (stamped C,L, DAVIS RPLS
4464) for corner;
4. Thence N 02° 48' 52" W 39.91' with the west line of said Tract 11 to a point for corner;
5. Thence N 86° 34' or E 250,01' with the north line of said Tract 11 to a point for corner;
6. Thence S 02° 48' 52" E 49,82' with the east line of said Tract 11 to the POINT OF
BEGINNING and containing 11,847 square feet (0.2720 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).
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