Ord. 1030 10-22-01ORDINANCE NO. 1030
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE PROPERTY FOR THE CONSTRUCTION OF DRAINAGE
FACILITIES ASSOCIATED WITH THE MYKAWA ROAD PROJECT 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 CONSTRUC-
TION OF DRAINAGE FACILITIES BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council recognizes that public convenience and
necessity exists for the location, construction, operation, and maintenance of
drainage facilities associated with the Mykawa Road Project; and
WHEREAS, accordingly, the City Council hereby acknowledges that it is in
the public's best interest to acquire property located in the City to construct
drainage facilities on certain real property described herein; 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 accomplishment of the public project to
construct drainage facilities on certain real property located in Brazoria County,
Texas.
Section 2. The public convenience and necessity requires the acquisition,
by donation, purchase, condemnation, or otherwise, of certain real property located
1
ORDINANCE NO. 1030
within the City and situated in Brazoria County, more particularly described in
Exhibit "A", 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 acquire fee simple title to the property, described in Exhibit "A", 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 requiring the acquisition of said property as the construction of drainage
facilities associated with the Mykawa Road Project 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 22 day of
October , A. D., 2001.
ATTEST:
TOM REID
MAYOR
2
ORDINANCE NO. 1030
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
3
Acquisition Map
4.1
June,2000
Parcel 1 E
Page 1 of 2 Pages
EXHIBIT Page of Pages
County: Brazoria
Highway: Mykawa Road
Project Limits: Bridge Crossing at Hickory Slough
CSJ: 0912-31-108
Property Description of Parcel 1E
Being a 0.418 of one acre (18,200 square Pet) parcel of land f the 5 . B. Lyle of the W.
Abstract No. 543 in Brazoda County, Texas. Said tract
a 4p part
the of 51 ofria County Dead
Zychlinski Subdivision as recorded in Volume 29, P a e243 07 acre tract described in a
Records and is further described as being part
deed to Jeff E. Fleming and E. W. Newman as recorded in a Volume 914, Py ge 458 of
the erazoria County Deed Records, Said 0.418 acre tract is more particularly
ed
by metes and bounds as follows:
Commencing at the northeast comer of said Lot 51, said point being in the
centerline of Mykawa Road; THENCE AS FOLLOWS:
South 02°38'49* East, along said centerline of Mykawa Road for a distance of
247.43 feet to a point;
South 87°21'11' West, perpendicular to said centerline of Mykawa Road, a
distance of 50.00 feet to a five -eighths inch iron rod with cap ceset ai ht POINT
OF BEGINNING of the herein described tract of land having coordinates
X=3,152,237.32. Y=13,779,389.98, said point being at the point of intersection
of a line that is 85-feet north of and parallel to ad111ckory Slough
and the west right-of-way line of Mykawa Roadcenterlineased
width at 100-feet):
1.) THENCE, South 02'38'49- East, along the west right-of-way line of said
Mykawa Road. a distance of 138.53 feet to a tive-eighths Inch iron rod with cap
set for the southeast comer of the herein described tract, said point being 85-
feet south of the centerline of said Hickory Slough;
2.) THENCE, South 8718'18' West, 85-feet south of and parallel to the centerline
of said with capHset for southwest turner of the herein dof 118.08 feet to escribed tray inch iron rod
3.) THENCE North
2� � th8 est, a northwest distance
mer of the herein described five-eighths
inch
iron rod with cap
4.2
4.) THENCE, Notch 87°08'18 East. 85-teet north of and parallel to the centerline of
said Hickory Slough, a distance of 163.94 feet to the POINT OF BEGINNING,
containing a computed area of 0.418 of one acre (18,200 square feet).
Bearings shown hereon are based on City of Peadand monuments using NAD 83
horizontal control.
D. WI,
,
Poi ael D. Wilson, R.P.LS.
Registration No. 4821
e-ze -Go
4.3
Form ROW-A-5
(Rev. 3/98)
(Electronic version GSD-EPC Word 97)
(Replaces Form D-15-2, all pages)
PHOTOGRAPHS OF SUBJECT PROPERTY
Include Each Major Improvement
Parcel No.:
Date Taken: 02/07/01
1. Point from which taken: Mykawa Road
2. Point from which taken: Mykawa Road
Local Address: Mykawa Road, Pearland, TX
Taken By: David R. Dominy, MAI
Looking: West at improvements in proposed acquisition
Looking: West at proposed acquitition
Page 2
Form ROW-A-5
(Rev. 3/98)
(Electronic version GSD-EPC Word 97)
(Replaces Form D-15-2, all pages)
PHOTOGRAPHS OF SUBJECT PROPERTY
Include Each Major Improvement
Parcel No.:
Date Taken: 02/07/01
3. Point from which taken: Mykawa Road
4. Point from which taken: Mykawa Road
Local Address: : Mykawa Road, Pearland, TX
Taken By: David R. Dominy, MAI
Looking: West at property north of Hickory Slough
Looking: West at Hickory Slough
Page 2.1
Form ROW-A-5
(Rev. 3/98)
(Electronic version GSD-EPC Word 97)
(Replaces Form D-15-2. all pages)
PHOTOGRAPHS OF SUBJECT PROPERTY
Include Each Major Improvement
Parcel No.:
Date Taken: 02/07/01
5. Point from which taken: Mid -section of subject
6. Point from which taken: Mykawa Road
Local Address: Mykawa Road, Pearland, TX
Taken By: David R. Dominy, MAI
Looking: North at bridge in proposed acquisition
Looking: West at loafing shed and loading chute
Page 2.2
Form ROW-A-5
(Rev. 3/98)
(Electronic version GSD-EPC Word 97)
(Replaces Form D-15-2, all pages)
PHOTOGRAPHS OF SUBJECT PROPERTY
Include Each Major Improvement
Parcel No.:
Date Taken: 02/07/01
7. Point from which taken: Mid -section of subject
8. Point from which taken: Mykawa Road
Local Address: : Mykawa Road, Pearland, TX
Taken By: David R. Dominy, MAI
Looking: East at rear of loafing shed in proposed acquisition
Looking: South at street scene
Page 2.3