Ord. 0714 1996-01-08ORDINANCE NO. 714
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE
ACQUISITION OF PROPERTY WITHIN THE CITY OF PEARLAND FOR
DETENTION AND ASSOCIATED MUNICIPAL PURPOSES; AUTHORIZING
THE ACQUISITION OF APPROXIMATELY 20 ACRES OF LAND OUT. OF
LOTS 5 AND 6, L. W. MURDOCK SUBDIVISION, RECORDED 'IN
VOLUME 29, PAGE 174, DEED RECORDS, BRAZORIA COUNTY,
TEXAS, BEING SITUATED IN THE A.C.H. & B. RAILROAD SURVEY,
SECTION 2, ABSTRACT NO. 507, AND THE T.D. YOCUM SURVEY,
ABSTRACT NO. 399, BRAZORIA COUNTY, TEXAS, BY PURCHASE OR
THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AUTHORIZING
THE CITY ATTORNEY OR HER DESIGNEE AND OTHER CITY
OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO
ACQUIRE THE PROPERTY; AND DECLARING AN EMERGENCY AS THE
PROVISION OF DRAINAGE AND ASSOCIATED MUNICIPAL SERVICES
BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Pearland, Texas, upon
consideration of this matter, recognizes a public need and
necessity for the welfare of the City of Pearland and the
public -at -large to acquire certain real property for detention and
associated municipal purposes.
WHEREAS, accordingly, the City Council hereby acknowledges
that it is in the public interest to acquire such property by
purchase or the exercise of the power of eminent domain..
WHEREAS, the real property to be acquired for such purposes is
approximately 20 acres of land out of Lots 5 and 6, L. W. Murdock
Subdivision, recorded in Volume 29, Page 174, Deed Records,
Brazoria County, Texas, being situated in the A.C.H. & B. Railroad
Survey, Section 2, Abstract No. 507, and the T.D. Yocum Survey,
Abstract No. 399, Brazoria County, Texas, and is more particularly
described as Exhibit "A", attached hereto and made a part hereof
for all purposes by reference ("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 need and necessity exists for the acquisition of said
Property within the City of Pearland for detention and associated
municipal purposes.
Section 2. The City Attorney or her designee and other City
officials are hereby authorized and directed, on behalf of the
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ORDINANCE NO. 714
City, to take such actions as are necessary to acquire the property
either by purchase or the exercise of the power of eminent domain.
Section 3. The City Council hereby declares that a public
emergency exists requiring the acquisition of this Property as the
provision of drainage and associated municipal services 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. ��/-/%J
PASSED and APPROVED ON First and Only Reading this the gc.a2)
day of
ATTEST:
GDA C. BENITgL
SECRETARY
APPROVED AS TO FORM:
AMY MOB S McCULLOUGH
CITY ATTORNEY
, A. D., 1996.
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TOM REID
MAYOR
EXHIBIT "A"
PARCEL NO. 7
"PROPERTY"
A 20.9702 acre or 913,462.6712 square foot tract of land, out of
Lots 5 and 6, L. W. Murdock Subdivision, recorded in Volume 29,
Page 174, Deed Records, Brazoria County, Texas, being situated
In the A. C. H. & B. Railroad Survey, Section 2, Abstract No. 507,
and the T. D. Yocum Survey, Abstract No. 399, Brazoria County,
Texas:
COMMENCING at the West corner of the W. D. C. Hall Survey from which a found 5/8 inch iron
rod bears North 85° 50' 25" East, a distance of 1.12 feet;
THENCE North 44° 21' 35" East, along the Southeasterly line of Lot 7, of the said L W. Murdock
Subdivision, and being the common northwesterly line of the City of Pearland Independence Park,
being a 49.85 Acre tract, for a distance of 286.47 feet to a point of curve and POINT OF
BEGINNING;
THENCE a northerly direction along a curve to the right an arc length of 820.21 feet, a radius of
1930.00 feet, a central angle of 24° 20' 58" to the point of tangency;
THENCE North 00° 51' 55" East, a distance of 442.64 feet to a point for comer,
THENCE North 89° 09' 55" East parallel with and 10.00 feet south of the south right-of-way
(ROW) line of John Lizer Road (70.00 feet wide), a distance of 300.24 feet to a point for comer,
THENCE North 00° 50' 05" West, a distance of 10.00 feet to the south ROW line of John Lizer
Road;
THENCE North 89° 09' 55" East, along the south ROW line of John Lizer Road, a distance of
873.21 feet to a point in the centerline of Mary's Creek;
THENCE South 10° 40' 18" East along the centerline of Mary's Creek, a distance of 6720 feet
to an angle point;
THENCE South 14° 18' 48" East along the centerline of Mary's Creek, a distance of 119.41 feet
to a point intersecting the easterly line of the T. D. Yocum survey, Abstract No. 399;
THENCE South 44° 21' 35" West, along the southeasterly line of said Lot 6 of the L W. Murdock
Subdivision and the northwesterly line of the W. D. C. Hall survey, Abstract 70, a distance of
1519.22 feet to the POINT OF BEGINNING and containing 913,462.6712 square feet or 20.9702
acres of land, more or less.
or
RikbA
April 24, 1995