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R-2013-018-2013-01-28RESOLUTION NO. 2013-18 AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE POWER OF EMINENT DOMAIN TO ACQUIRE A WATERLINE EASEMENT TO CERTAIN PROPERTY, BEING 250 SQUARE FEE OUT OF A.C.H 7 B. SURVEY, ABSTRACT 147, PEARLAND, BRAZORIA COUNTY, TEXAS, FOR THE CONSTRUCTION AND MAINTENANCE OF WATERLINE IMPROVEMENTS 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 SAID PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN. WHEREAS, the City Council recognizes that a public convenience and necessity exists for the location, construction, operation, and maintenance of waterline improvements 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 a waterline easement ("Easement") to certain property for the construction of waterline improvements on said property; now, therefore, BE IT RESOLVED 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 waterline improvements on certain real property located in Brazoria County, Texas. Section 2. The public convenience and necessity requires the acquisition of a certain Easement, 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. RESOLUTION NO. 2013-18 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 the Easement, described in Exhibits "A" and "B", either by donation, purchase or the exercise of the power of eminent domain. PASSED and APPROVED on this the 28th day of January, A.D., 2013. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 TOM REID MAYOR EXHIBIT "A" EASEMENT 10 METES AND BOUNDS DESCRIPTION 250 SQUARE FEET OUT OF A.C.H'.&B.SURVEY, ABSTRACT 147 PEARLAND, BRAZORLA. COUNTY, TEXAS Exhibit "A" o. All that certain 250 square feet out of Lot "C", Subdivision of Section 1, A. C. H. & B. Survey, Abstract 147, according to the plat thereof as fried in Volume 2, Page 1, Brazoria County Plat Records, Pearland, Brazoria County, Texas and being out of that certain tract as described in a deed dated 12-104962 from Direct Lite Corporation to Frankie Corenblith as filed in Volume 837, Page 29 Brazoria County Deed Records and being more particularly described by metes and bounds us follows (bearings based on Texas Coordinate System of 1983, South Central Zone); Commencing at a point marking the intersection of the north right-of-way line of F.M. 518 (100' wide) and the west right-of-way line of Old Alvin Road (width varies); Thence N 02° 30' 29" W — 633.44' with the said west right-of-way line of Old Alvin Road 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 5 87° 10' 03" W — 10.00' with the south line of said Frankie Corenblith tract to a point for corner; 2. Thence N 02° 30' 29" W -- 25.00' to a point for comer; 3. Thence N 87° 11' 49" E — 10.00' with the south line of that certain tract as described in a deed dated 01-16-1949 from R. B. Crites, et ux, to the District Trustees of the Pearland Independent School District as Med in Volume 445, Page 455 Brazoria County Deed Records to a point for corner; 4. Thence 5 02° 30' 29" E — 25.00' with the said west right-of-way line of Old Alvin Road to the POINT OF BEGINNING and containing 250 square feet (0.0057 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). Compiled by: C.L. Davis & Company Job Number: 11-421-147-BSMT 9 M&B.doc 03-30-2012 11421.147 uSMT IQM&B.doo Resolution No. R2013-18 Exhibit "B" LOTC SUBDIVISIOl(OFSECTION 1 A -FL&.B. SURVEY,A-147 (V01-2, PG. 1 B.CP.R.) Ci -F BOMFACI0 RMmiEZ. JR.. ET Al TO NNTONO 14840.10505. ET U% (VOL. 1125. PG. 760 BOOR} 06-10-1372 . VACANT al tt-F1 DIRECT LITE FRANLE OOEPNlBL VOL 1137, Ps. 29 BCDFU 12-10-1962 PST 9 L2 x fl i B1SE N7 10 Q0O57 Aare 059 Sq. F1 a 98. axe. 9' ,r 63344• L4 • r CAP LAN ORP BUM OLD ALVIN ROAD (R/W SES) BLOCK 12 REGENCY PARK (VOL. 9, Pel --2 BCPR) i Lot Es NOTES 1. THE S:IEvEYOR HAS .NOT 96978 01E0 7HE SUBJECT PROPERTY BUT HAS RELIED ON TOP RESULTS TITLE SERWCES TO PROVIDE DEED COPIES OF 311E SUBJECT PROPERTY AND ADMIRERS. 2. BEARINGS SHOWN ARE BASED OK THE TEMA4 000ROMNTE SYSTEM OF TM. SOUTH CENTRAL 'DONE 4204. 5. THE BUILDINGS OR IMpROVEIENTE SHOWN FfftEON REPRESENT THE MORE AT 0L9OUNO SURFACE L.EOFI.. UNLESS OTHERWISE NOTED. 4. THE UTLPY APPURTENANCES ( tally Poles. Web. ) 341060 HEREON ARE THOSE NIMBLE AT THE WE OF SURVEY AND NAY NOT E CW=PLE E. S. MI5 SURVEY PLAT 6 4000IWON® 8Y A SEPARATE METES ARD BOUNDS DESORE51014 PIP 1DLAS BOARD OF PROFESSIONAL LAND SISNEYORS 06024. RIAU OF PROCEDURES AND PRALSIC82" SECTION 695.18(9). 1 r zRPMe r LINE BEARING DISTANCE L1 S 5710'03- W 10.00' L2 N 02'30 29" W 25.00' L3 N 8711'49' E 10.00' L4 S 0730'29- E 25.00' L£L'END MIL 0 L1>x� -� AE OSSA MIMES OF vS P6090 E 45-45-4544 E0.6 1.55661 TME I OWEISENT 1OI000 (VOL. MaPa. 45B as-$ffIeI:FBRj x x SEE 6LA. C SIM ES AL To MALL au; r¢ as 8.0.891 —g -.r RP MK • BEST 80.2 LPE OF OLD A 484 ROAD 845YD ON MONUME1LFD EAST ROUE 1060 AND 100' MEIN AS BEG41ED ON LLAT OF RECENCY PARK ON ALAN & PROMS PREPARED Or RPM pacimaRm AIC. (208 Ab. 93 -01 -SEAT 4) D17m FEBRUARY 1993 AND AS TILLED Our 01 LCL 988. PO 440 B.CD.R 1Z7oms txvm tmx�1 0 SET 5/8Ri0N ROD */CAP STAVED "C.L. DAMS. R.P.LS. NO. 4484" SET P -K NAB_ IN ASPHALT SET X Cur IN CONCRETE MAMMA COUNLY DEED RECORDS BRAZORA COUNT( OFFICIAL RECORDS BRAZDRLA COUNTY PLAT RECORDS POINT OF BEGINNING FOUND WAY IRON ROD COM Wm PI:ARLAND JUNCO Mal SCHOOL EASEMENT 10 �--some, yn C.L. 11°D Weli19 !HILAND SURVEYING " WATERLINE EASEMENT 250 SQUARE FEET OUT 11F LOT C. SUBONISION OF =BM 1 A.C.H.&8. SURVEY, A-147 (VOL 2. PO. 1 B.C.PA) PEARIAND BROOM COUNTY. 1EXAS 0910 02-06-9912 Y ECK= 1' = 40 .OB Nus 11-421-147 .040.1 11--421-147-BES-211-sCA&E-585