Ord. 1437 2010-10-11 TabledORDINANCE NO. 1437
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. 1437
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
Compiled by:
C,L. Davis Company
Job Number: 11 -421 -128 Eas
1/20/2010
Revised: 05.10 -2010
EXHIBIT "A"
EASEMENT 2
METES AND BOUNDS DESCRIPTION
20,199 SQUARE FEET OUT OF
TRACT 5
RYAN ACRES
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 20,199 square feet out of Tract 5, 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 I" iron pipe bears S 09° 30' 26" E 0.27' for reference; Thence N 02° 48' 52" W
148,92' 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 curve an arc 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
584.35' with the northerly right-of-way line of said Creek Ridge Drive to a found 3/4" iron pipe marking
the southwesterly corner of said Tract 5; Thence N 45° 30' 52" W 222.43' with the westerly line of said
Tract 5 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 53.05' continuing with the westerly line of said Tract 5 to a point for
corner from which a found 1" iron pipe bears S 56° 04' 18" E 5.07' from said point;
2. Thence N 46° 19' 08" E 383.51' with the northerly line of said Tract 5 to a point for corner;
3. Thence N 60° 18' 08" E 8.99' .continuing with the northerly line of said Tract 5 to a point for
comer;
4. Thence S 16° 22' 04" E 62.01' with the easterly line of said Tract 5 to a set 5/8" iron rod with cap
(stamped C.L. DAVIS RPLS 4464) for corner;
5. Thence S 52° 53' 55" W 34.33' to a set 5/8" iron rod with cap (stamped C.L. DAVIS RPLS 4464)
far corner;
6. Thence S 46° 24' 27" W 101,47 to a Set 5/8" iron rod with cap (stamped C.L, DAVIS RPLS
4464) for corner;
7. Thence S 46° 21' 28" W 226.50' to the POINT OF BEGINNING and containing 20,199 square feet
(0.4637 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).
ONi1JSS2 i 3oArfisitl
I M _ZS,o €S* ,SC'€S
At At 46'19'03 El
M'SF'nA° r E
R1
„L7,171917 s J ,Ci7'101
3 „80.6 ?,rb NI .;nC-
g- 17-
'-‘.1
ti l.
1
b
41
6