Ord. 0351 03-14-77ORDINANCE NO. 351
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 WILLIAM
D. NELSON and wife, JUDITH LYNN NELSON, said right-of-way described
by metes and bounds as follows:
A twenty foot (20') roadway and utility easement and right-of-
way, on and across the South one-half (1/2) of the East ten (10)
acre portion of Tract Thirty (30), Section Four (4)H.T. & B. RR
Company Survey, Abstract No 543, Brazoria County, Texas. The
sane being that Five (5) Acre Tract conveyed to William D. Nelson
and wife, Judith Lynn Nelson from Clarence A. Arnold and wife,
Laura Massey Arnold, formerly known as Laura Massey by Warranty
Deed dated June 14, 1972 as recorded in Volume 1126 Page 538 of
the Deed Records of Brazoria County and being more particularly
described as follows:
BEGINNING at the point of intersection of the South line of the
aforementioned 5.00 Acre Tract with the existing West right-of-
way line of Mykawa Road;
THENCE S. 89 deg. 42' W. along the South line of the aforementioned
5.00 Acre Tract a distance of 20.00 feet to a point;
THENCE N. 00 deg. 01' W. along a line parallel to and 20.00 feet
West of the existing West right-of-way line of Mykawa Road a
distance of 314.35 feet to a point in the North line of the afore-
iwutioned 5.00 Acre Tract;
THENCE N. 89 deg. 51' E. along the North line of the aforementioned
5.00 Acre Tract, a distance of 20.00 feet to a point in the exist-
ing West right-of-way line of Mykawa Road;
THENCE S. 00 deg. 01' E. along the existing West right-of-way line
of Mykawa Road a distance of 314.3 feet to the PLACE OF BEGINNING,
and containing 0.144 Acre 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 utility
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
above described, and that the above described tract of land is
suitable for such use and for such purposes, and
WHEREAS, the City of Pearland, Texas, acting by and through
its duly elected Mayor, did agree to acquire the land necessary
for the roadway and utility purposes above -stated and did on the
7th day of February , 1977, offer to purchase the said
property from William D. Nelson and wife, Judith Lynn Nelson for
a total consideration of One Thousand Four Hundred Seventy -Five
& No/100--($1,475.00) Dollars, and
WHEREAS, it appears to the City Council that the efforts of
the Mayor and others representing the City, have been unsuccessful
in the acquisition of said right-of-way and that the City of
Pearland, Texas, acting by and through its officers and agents,
has made a bona fide effort to agree with said owner and lien -
holders on the price to be paid for said right-of-way and the
damages sustained by the owner thereof, if any; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
I.
That the preamble of this ordinance is hereby adopted as a
part of this ordinance and constitutes a finding by this City
Council of the facts therein set forth.
II.
That the Mayor or the City Manager of the City of Pearland,
Texas, be and they are hereby directed to make a formal and final
offer to the said William D. Nelson and wife, Judith Lynn Nelson,
and the respective lienholders, the sum of One Thousand Four Hundred
Seventy -Five & No/100--($1,475.00) Dollars, which sum includes payment for the
land taken for said right-of-way and damages, if any, of every
kind and description, to the remainder of the land owned by the
said William D. Nelson and wife, Judith Lynn Nelson. Said offer as above
detailed shall continue for a period of seven (7) days from date
of delivery thereof to said party, and after the expiration of
said seven (7) day period, said offer, if not accepted by the exe-
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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 William D. Nelson
and wife, Judith Lynn Nelson 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 William D.
Nelson and wife, Judith Lynn Nelson, it is ordered that Bobby J.
Williams, 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 action required by law in the institution of said
condemnation 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 William D. Nelson and wife, Judith Lynn Nelson and all
lienholders, 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 olif day
of �IEf - , 1977.
ATTEST:
CITY OF PEARLAND, TEXAS
By:/L-)fi
Mayor
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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 4,bc/j , 1977.
ATTEST:
City Secret
Hdg
Effective Date: & / --77
CITY OF PEARLAND, TEXAS
By:
Aa(gytin
Mayor
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