Ord. 0352 03-14-77 ORDINANCE NO. 352
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS,
DIRECTING THE MAKING OF A FINAL OFFER FOR
ROAD RIGHT-OF-WAY PURPOSES AND ORDERING
INSTITUTION OF CONDEMNATION PROCEEDINGS
WHEREAS, it has been heretofore determined by the City Council
of the City of Pearland, Texas, that it is necessary for the City
of Pearland to acquire a certain right-of-way for roadway and
utility purposes over and through land presently owned by TOMMY G.
HAMBY and wife, ROSEMARY HAMBY, said right-of-way being described
by metes and bounds as follows:
A twenty (20') foot Public Roadway and Utility Easement on and
across the East portion of that 2~ acre tract out of the East
~ of tract 47, Section 4, HT & B RR Survey, Abstract 543
Brazoria County, Texas, the same being that tract of land con-
veyed to Tommy G. Hamby and wife, Rosemary Hamby from C. L.
Bowling and wife, Ellen K. Bowling by Warranty Deed dated
April 2, 1976 and recorded in vo],~ 1285 page 859 of the deed
records of Brazoria County, Texas, and being more particularly
described as follc~s:
BEGINNING at the point of intersection of the South line of the
aforementioned 2-1/2 Acre Tract 47A-1 and the existing West
right-of-way line of Mykawa Road;
THENCE in a Westerly direction along the South boundary line of
Lot 47 a distance of 20.00 feet to a point;
THENCE in a Northerly direction along a line parallel to and
20.00 feet West of the existing West right-of-way line of
Mykawa Road, a distance of 123 feet to a point in the North
line of the aforementioned 2-1/2 Acre Tract 47A-1;
THENCE in an Easterly direction along the North line of the
aforemantioned 2-1/2 Acre Tract 47A-1, a distance of 20.00 feet
to a point in the existing West right-of-way line of Myka~a Road;
THENCE in a Southerly direction along the existing West right-of-
way line of Mykawa Road a distance of 123 feet to the PLACE OF
BEGINNING, and containing 0.056 Acres of Land, More or Less.
WHEREAS, the City Council has further determined that the
said right-of-way above described is necessary to promote public
health and safety and to facilitate the placement of needed utilit~
services in the local and the movement of vehicular traffic upon
Mykawa Road and that public convenience and necessity requires
that the City of Pearland, lay out, contract, improve and maintain
utilities and a public roadway as a part of the utility and road-
way systems of the City of Pearland, on, over and across the land
cution and delivery by said parties of a Right-of-Way Easement
for roadway and utility purposes to the City conveying the above
described property, shall be deemed by the City Council to have
been rejected by the owners of said land and that condemnation of
said right-of-way is necessary.
III.
If said offer is not accepted within the time specified
above, it is ordered that condemnation proceedings be instituted
by the City of Pearland, Texas, against the said Tommy G. Hamby
and wife, Rosemary Hamby and all other necessary parties, seeking
the acquisition of a right-of-way on, over and across the land
above described.
IV.
In the event said offer is rejected by the said Tormny G.
Hamby and wife, Rosemary Hamby, it is ordered that Bobby J. Willian ,
City Attorney of the City of Pearland, Texas, be and he is hereby
directed to, as attorney for the City of Pearland, take any and
all legal action required by law in the institution of said condem-
nation proceedings and the prosecution of same to final judgment,
securing to the City of Pearland, Texas, a right-of-way over, on
and across the land above described for City roadway purposes.
V.
It is further ordered that the City Manager, William E. Wolff
deliver to Tommy G. Hamby and wife, Rosemary Hamby and all lien-
holders, a certified copy of this ordinance, together with the
proposed Right-of-Way Easement.
VI.
This ordinance shall be effective upon its Passage, Approval
and Adoption upon Second and Final Reading.
PASSED and APPROVED upon First Reading at a Regular Meeting
of the City Council of the City of Pearland, Texas, this ~ day
of J~~ , 1977.
CITY OF PEARLAND, TEXAS
ATTEST: By: ~~ ~j~ ~ j~
~ Mayor
3
PASSED, APPROVED and ADOPTED upon Second and Final Reading
at a Regular Meeting of the City Council of the City of Pearland,
Texas, this ?/ day of ~ , 1977.
CITY 0R PEARLAND, TEXAS
By:
: ~Mayor
~City ~ ~' ~-~
Effective Date:
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