Ord. 1189 12-13-04ORDINANCE NO. 1189
AN ORDINANCE OF THE CITY COUNCILECEITY OF PEARLAND,
RTAIN TERRITORY
TEXAS, DISCONTINUING AND DISANNEXING
FROM THE CITY AND ADJUSTING
,S BOUNDARIES
A SEVERABILITY
ACCORDINGLY; CONTAINING A SAVINGS CLAUSE,
CLAUSE AND A REPEALER CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Section 1.04 of the City Charter, the City desires to
discontinue said territory in order to more clearly define the City's boundaries; and
WHEREAS, a public hearing was conducted before the City Council on
November 1, 2004, at 6:30 p.m., at the Pearland City Hall, 3519 Liberty Drive,
Pearland, Texas; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The tracts of land described in Exhibits "A" and "B", attached
hereto and incorporated herein for all purposes, are hereby discontinued and
disannexed from the City of Pearland, and the boundaries of the City are hereby
adjusted accordingly.
Section 2. The City Council finds and declares that no bond funds of the
City have been spent in the territory and no municipal improvements have been
made in said territory.
Section 3. Savings. All rights and remedies which have accrued in favor of
the City under this Chapter and amendments thereto shall be and are preserved for
the benefit of the City.
Section 4. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid, unconstitutional
or otherwise unenforceable by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portions thereof.
1
ORDINANCE NO. 1189
Sect_ 5. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed, but only to the extent of such conflict. effective
Section 6. Effective Date. This Ordinance shall become e
immediately upon its passage and approval by the City Council.
PASSED and APPROVED ON FIRST READING this the 22 nd day of
November , A. D., 2004.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
2
ORDINANCE NO. 1189
PASSED and APPROVED ON SECOND AND FINAL READING this the 13th
day of December
ATTEST:
APPROVED AS TO FORM:
ark
DARRIN M. COKER
CITY ATTORNEY
, A. D., 2004.
TOM REID
MAYOR
3
tXnwiL r+
Ordinance No. 1189
EXHIBIT
May 3, 2004
2.164 ACRES
OUT OF LOT'S 7, 8 AND 9
EMIGRATION LAND COMPANY
SUBDIVISION OF THE J.S. TALMAGE
SURVEY NO. 76 ABSTRACT NO. 562
BRAZORIA COUNTY, TEXAS
A strip of land containing 2.164 acres, situated in Brazoria County, Texas, being a part
or portion of Lot's 7, 8, and 9, Emigration Land Company Subdivision of the J.S.
Talmage Survey No. 76 Abstract No. 562, according to the plat thereof recorded in
Volume 2, Page 81-82, Brazoria County Map Records, said 2.164 acres also being
more particularly described as follows:
BEGINNING at a point on County Road 48, said point bears S 86° 44' 56" W a distance
of 1.0 feet from the Northeast corner of Lot 9, for the Northeast corner of this tract;
1. THENCE, S 03° 15' 04" E along the right-of-way of County Road 48, a distance of
952.06 feet, to a point for the Southeast corner of this tract;
2. THENCE, S 86° 44' 56" W, a distance of 26.10 feet pass the West right-of-way line
of County Road 48, continuing a total distance of 99.00 feet to a point, for the
Southwest corner of this tract;
3. THENCE, N 03° 15' 04" W a distance of 952.06 feet, to a point for the Northwest
corner of this tract;
4. THENCE, N 86° 44' 26" E, a distance 8f 9fecontinuing pass an iron rod found on the
distance of 99 00 feet to
West right-of-way line of County Road a total
the POINT OF BEGINNING, and containing 2.164 acres of land, more or less.
PREPARED BY:
MELDEN AND HUNT, INC.
115 W. MCINTYRE
EDINBURG, TX 78541
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SEE DETAIL "B"
N.E. COR.I
LOT 9
LEGEND:
• FOUND IRON ROD
BEARING & DISTANCE
"A" = N86°44'26"E 99.00'
"B" = S86°44'56"W 99.00'
1.0' CITY LIMITS TO REMAIN
99.0' CITY LIMITS TO BE DEANNEXED
(94,253.94 S.F.) 2.164 ACRES
//
/ \ / N 86'44'56" E
N.E. 0R.P.0.6. i i 1.0'
LOT 8 I
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SCALE: 1"=100'
00
12.90' mct-
0
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Z
PLAT SHOWING
99' WIDE CITY LIMITS
(94,253.94 S.F.) 2.164 ACRES
OUT OF LOTS 7, 8, AND 9,
OUT OF EMIGRATION LAND COMPANY
SUBDIVISION OF THE J.S. TALMAGE
SURVEY No.76, ABSTRACT No. 562,
(VOL. 2, PG.81-82 B.C.M.R.)
EXHIBIT
May 3, 2004
2.817 ACRES
OUT OF LOT'S 5, 6, AND 7
EMIGRATION LAND COMPANY
SUBDIVISION OF THE J.S. TALMAGE
SURVEY NO. 76 ABSTRACT NO. 562
BRAZORIA COUNTY, TEXAS
A strip of land containing 2.817 acres, situated in Brazoria County, Texas, being a part
or portion of Lot's 5, 6, and 7, Emigration Land Company Subdivision of the J.S.
Talmage Survey No. 76 Abstract No. 562, according to the plat thereof recorded in
Volume 2, Page 81-82, Brazoria County Map Records, said 2.817 acres also being
more particularly described as follows:
BEGINNING at a point on County Road 48, said point bears S 86° 44' 56" W a distance
of 1.0 feet from the Southeast corner of Lot 5, for the Southeast corner of this tract;
1. THENCE, S 86° 44' 56" W, a distance of 26.10 feet pass an iron pipe found on the
West right-of-way line of County Road 48, continuing a total distance of 99.00 feet to
a point, for the Southwest corner of this tract;
2. THENCE, N 03° 15' 04" W a distance of 1239.40 feet, to a point for the Northwest
corner of this tract;
3. THENCE, N 86° 44' 26" E, a distance of 72.90 feet pass the West right-of-way line of
County Road 48, continuing a total distance of 99.00 feet to a point, for the
Northeast corner of this tract;
4. THENCE, S 03° 15' 04" E, along the right-of-way of County Road 48, a distance of
1239.04 feet to the POINT OF BEGINNING, and containing 2.817 acres of land,
more or less.
PREPARED BY:
MELDEN AND HUNT, INC.
115 W. MCINTYRE
EDINBURG, TX 78541
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LEGEND:
O FOUND IRON PIPE
BEARING & DISTANCE
"A" = N86°44'26"E 99.00'
"B" = S86°44'56'W 99.00'
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N / LOT 5 N
DETAIL "A" DETAIL "B"
S.E. COR.
LOT 7
1.0' CITY LIMITS TO REMAIN
eri
•• 'In
99.0' CITY LIMITS TO BE DEANNEXED
(122,700.60 S.F.) 2.817 ACRES
S.E. COR.I
LOT 6
27.10'
30.00'
PLAT SHOWING
99' WIDE CITY LIMITS
(122,700.6 S.F.) 2.817 ACRES
OUT OF LOTS 5, 6, AND 7,
OUT OF EMIGRATION LAND COMPANY
SUBDIVISION OF THE J.S. TALMAGE
SURVEY No.76, ABSTRACT No. 562,
(VOL. 2, PG.81-82 B.C.M.R.)
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for % issues, as follows:
No. / Date 1/ " 410 20
No. Date 20
No Date 20
No. Date 20
• No. Date 20
Subscribe and sworn to before me this
20OV
LAURA ANN EMMONS
Notary Public, State of Timis
Commission Expires 09-09-2006
(1)
President
day of 671::
L"- ura Ann Emmons, Publisher
Notary Public, State of Texas
bisAr1NEX —
'Published Oct. 20, 2004
NOTICE OF PUBLIC
HEARING OF THE CITY
OF PEARLAND
Notice is hereby given that
on the 1st day of November,
miNMIN
2004, at 6:30 p.m., the City
Council of the City of
Pearland, Brazoria, Fort
Bend, and Harris Counties,
Texas, will conduct a Public
Hearing in the Council
Chambers, City Hall, 3519
Liberty Drive, Pearland,
Texas, to gather public
comment and testimony
regarding the disannexation
of approximately 4.981
acres being part of the J. S.
Talmage Survey No. 76
Abstract No. 562, Brazoria
County, Texas.
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/s/Young Lorfing
City Secretary
This site is accessible to
disabled individuals. For
special assistance, please
call Young Lorfing at 281-
652-1655, prior to the meet-
ing so that appropriate
arrangements can be made.
of—