Ord. 1049 01-14-02ORDINANCE NO. 1049
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE AN EASEMENTFOR THE CONSTRUCTION OF A WATER LINE
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 CONSTRUCTION OF FIRE AND/OR POLICE
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 water line along
Garden Road; and
WHEREAS, accordingly, the City Council hereby acknowledges that it is in the
public's best interest to acquire an easement to construct a water line 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 a
water line 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 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
1
ORDINANCE NO. 1049
necessary to acquire an easement 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 easement as the construction of a water line 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 14 day of
January
ATTEST:
, A. D., 2002.
APPROVED AS TO FORM:
C
DA7RRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
Sep 1S 01 03:OOp Crossland Requisition
Tract 3
Oplen W. O'Day
0.099 acre tract
HT & BRR SURVEY
ABSTRACT NO. 219
STATE OF TEXAS §
COUNTY OF BRAZORIA §
METES AND -BOUNDS DESCRIPTION of a proposed 0.099 acre tract in Lot 35 of the
HT&B RR Survey, Section 7, Abstract No. 219, Brazoria County, Texas. Said tract is In
the remainder of a 10 acre trail of land described in a deed to Opten W. O'Day as
recorded In Volume 850, Page 635 of the Brazoria County Deed Records and is more
particularly described by metes and bounds as follows:
BEGINNING at the point of intersection of the south lot line of Lot 35 of said H.T. &
B.R.R. Survey, Section 7 with the occupied east line of Garden Road (based on a width
of 60-feet), said point being the southwest comer of the herein described trail;
THENCE, North, along the occupied east line re id Garden Road for a distance of
430.53 feet to a point in the north line of the aforementioned remainder of a 10 acre
tract, said pant being the northwest comer of the herein described tract
THENCE. East, along the north line of said 10 acre tract fora distance of 10.00 feet to a
5/8-Inch iron rod set for the northeast comer of the herein described tract
THENCE, South, 10-feet east of and parallel to the occupied east line of said Garden
Road fora distance of 430.53 feet to 5/8-inch iron rod set in the south lot line of Lot 35
for the southeast comer of the herein described tract;
THENCE. West, along the south Ilne of said Lot 35 for a distance of 10.00 feet -to the
POINT OF BEGINNING, containing a computed area of 0.099 acre (4,305 square feet).
NOTE: The bearings shown heron are based on the plat of H.T. & B.R.R. Survey,
Section 7 as recorded in Volume 725, Page 93 of the Brazoria County Deed Records.
Walsh Surveying, Inc.
2008 E. Broadway, Suite 105
Peartand, Texas 77588
(281) 485.3991
Job No: 00-107
Michael D. Wilson
Registration No. 4821
$-15-00
p.d
sEP 10 2001 16:09
September 19, 2001
Mr. And Mrs. Orlen O'day
P. O. 149
Pearland, Tx. 77581
Dear Mr. And Mrs. O'Day:
Re: Water Line Project on Garden Rd.
The purpose of this letter is to review the status of the 10 ft. water line right-of-way along
the frontage of your property on Garden Rd. and the 10 oak trees located on your
property and attempt to resolve the situation.
In my previous discussions with you and your son, I am of the opinion that neither of you
are interested in selling a 10 ft. right-of-way to the City of Pearland; however granting a
10 ft. easement is possible.
Therefore, I have changed the agreement to a 10 ft. easement. Based on a formal
appraisal, I am offering $2,564 for the 10 ft. easement along the frontage of the property.
This does not include the 10 oak trees.
The City of Pearland is considering boring the waterline in front of the trees in order to
minimize the impact on the trees. The decision to bore the waterline has not been made
at this time. The trees are not located within the proposed 10 ft. easement. However, if
any of the trees are damaged or die due to the construction or within a year of the
completion of construction of this project, the City will pay you for the individual tree
based on the appraised value for the tree in addition to the offer for the easement. The 10
trees range in value from $260 to $2,140, the average being $1,100. There are several
factors including but not limited to location, shape and appearance of the trees that
determines the value of the individual tree.
The city does not believe that the trees will be impacted, however if they are damaged or
die, there would be an agreement in place to handle this situation. I believe that this letter
addresses the two main issues that you and your son expressed concerning this proposed
waterline.
I look forward to visiting with you concerning this proposal. Thank you for your
consideration on this matter.
ely,
Al a
Project MaiMger, City of Pearland
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581 • 281-652-1600 • www.ci.pearland.tx.us
Printed on Recycled Paper C)
FORESTRY
ASSOCIATES, INC.
September 19, 2001
Mr. AI Hague
Project Manager
City of Pearland
3519 Liberty Drive
Pearland, Texas 7758 T "
Re: Appraisal of Ten trees at 14339 Garden Road, Pearland, Texas.
' Dear Mr. Hague:
It is theopinion of Forestry Associates, Inc, that according to the information available,
the ten trees adjacent to Garden Road, at 14339, in Pearland, Texas, have a combined
value of $11,030.00. The tree descriptions and their respective appraised, values areas
follows: .
1. 7.9" Live Oak $650.00 •
2. 8.4" Live Oak $1,120.00
3. 12" Live Oak $2,140.00
4. 9" Live Oak $1,120.00
5. - 6.4" Live Oak $530.00
6. 6.3" Live Oak $260.00
7. 9" Live Oak $1,280.00
8. 7.2" Live Oak $600.00
9. 11.5" Live Oak $1,980.00
10. 9.3" Live Oak $1,350.00
This appraisal was completed according to guidelines as set forth by the Guide for Plant
Appraisal (Ninth Edition; 2000), an official publication of the International Society of '
Arboriculture, of which I am a member.
The methods of appraisal used in this appraisal arc the Trunk Formula and Replacement
Cost Methods. The Replacement Cost Method was used for all trees 8" in diameter and
smaller, and the Trunk Formula Method used for trees larger than 8" in diameter.' Each
appraisal method considers the diameter and trunk areas of the appraised tree, cost of the
largest commonly available replacement tree, species rating of the appraised tree,
condition of the appraised tree, overall site maintenance, contribution of the appraised
tree to the site, location of the appraised tree on the site, along with many other appraisal
factors.
1314 10th Street, Suite 240
Huntsville, TX 77320
(936) 291-6661 '
Fax (936) 294-0301
markerb@txucom.net
P.O. Box 934
Katy, TX 77492.
281-391-4599
Fax 281-574-4331
cnkoehl@pdq.net
Mr. Al Hague ,
September 19, 2001
Page 2of2
All field notes, work sheets, site maps and photographs will be kept on file at our office.
Any additional consulting services requested will be billed at our hourly rate of $75.00.
any questions, or desire _ additional information, please do not hesitate to
If have
call.
Sincerely,
Craig N. Koehl
Urban Forestry Consultant
0
9
o
0
CVQ-
•