Ord. 1187 01-24-05ORDINANCE NO. 1187
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ABANDONING A PORTION OF A CERTAIN
TWENTY FOOT (20') SANITARY SEWER EASEMENT RECORDED IN
VOLUME 1506, PAGE 508 OF THE PLAT RECORDS OF, BRAZORIA
COUNTY, TEXAS, WITHIN THE CORPORATE CITY LIMITS OF
PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS
CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, a petition has been filed with the City of Pearland, to abandon the
north fifty feet (50') of a certain twenty foot (20') sanitary sewer easement described in
Exhibit "A", attached hereto and made a part hereof for all purposes, and recorded in
Volume 1506, Page 508 of the Plat Records of Brazoria County, Texas; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The City Council finds and determines that public convenience and
necessity does not require retention of the north fifty feet (50') of said twenty -foot (20')
wide sanitary sewer easement.
Section 2. That said sanitary sewer easement, evidenced by Exhibit "A", is
hereby ABANDONED by the City of Pearland.
Section 3. That the Mayor or his designee is hereby authorized to execute and
the City Secretary to attest all documents necessary to give effect to this Ordinance.
Section 4. A certified copy of this ordinance recorded in the official records of
Brazoria County, Texas, shall constitute notice of this action by the City Council.
Section 5. Abandonment of the sanitary sewer easement is contingent upon
the execution of the Waiver and Release of Liability attached hereto as Exhibit "B", by
the petitioner(s) requesting abandonment.
Section 6. Abandonment of the sanitary sewer easement is also contingent
upon the receipt, by the City from the property owner, of just compensation equal to the
fair market value of the sanitary sewer easement.
Ordinance No. 1187
Section 7. 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 8. 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.
Section 9. Effective Date. This Ordinance shall become effective
immediately upon its passage and approval by the City Council.
PASSED and APPROVED ON FIRST READING this the
January , A. D., 2005.
TOM REID
MAYOR
10th day of
PASSED and APPROVED ON SECOND AND FINAL READING this the 24th
day of January , A. D., 2005.
TOM REID
MAYOR
le;a
2
Ordinance No. 1187
APPROVED AS TO FORM:
,;,._._.._.
0 •
DARRIN M. COKER
CITY ATTORNEY
3
Exhibit
Ordinance No. 1187
WAIVER AND RELEASE OF LIABILITY
THE STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA
That I, J/4)/ j ft- VA-1 i owner of the twenty foot (20') sanitary sewer
easement recorded in Volume 1506, Page 508 of the Plat Records of Brazoria County,
Texas, do hereby release the City of Pearland, including but not limited to its officers,
agents, and employees, in both their public and private capacities, from and against any
and all claims that the undersigned holds or may claim due to the abandonment.
It is further agreed that the execution of this Release shall not constitute a waiver
by the City of Pearland, of the defense of governmental immunity where applicable or
any other defense recognized by the courts of this state.
SIGNED this Avg day of a,44y , 2005.
THE STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned Notary Public, on this day personally appeared
�, 7Ay , ,h; , known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that she executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this /'e9 day of
3ebruCt r , 2005.
(.<26?-,"f"/A4--'d ,i)---
OTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name: keit key e. P.e r e1 ra-
My Commission Expires: 9 - IL) -a.'
AFFIDAVIT OF PUBLICATION un's'd''r�.
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 / /A 20 O.5-
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this /3
20
Arvi
•
Y P
LAURA ANN ENINIONS
' Notary Public, State of Texas
r` Commission Expires 09-09-2006
President
day o
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Jan. 12, 2005
NOTICE OF -PUBLIC
HEARING ON THE
ABANDONMENT OF
UNUSED SANITARY
CONTROL EASEMENTS
I �
I Notice is hereby given that
on the 24th day of January,
2005, at 6:30 p.m., the City
Council of the .City of
Pearland, Texas, will con-
duct a Public Hearing 'in the '
Council Chambers, City
i Hall, 3519 Liberty Drive,
j Pearland, Texas, tp gather
'public comment and testi-
mony regarding the aban-
donment of a sixteen foot
(16') utility easement on Lot
14, Block 4 of the Pine
Hollow Estates Subdivision,
Section One.
At said, hearing all interest-
ed parties shall have the
right and opportunity toi
i appear and be heard onl
the subject. - - _ i
/s/Young Lorfing, TRMC
I City Secretary
!This site is accessible to ;
'disabled individuals. For
special assistance, please
;call Young Lorfing at
281.652.1655, prior to the j
meeting so that appropriate 1
I arrangements can be made.
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
circulationinBrazoria, Harris &..Galveston Counties, for / issues, as follows:
No. . / Date
20
No. Date 20
No. • Date 20
. f
No. Date 20
No. Date 20
Subscribe and sworn to before me this
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
O
mom
President
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
r--
Published Aug. 11, 2004
NOTICE OF PUBLIC -
HEARING ON THE
ABANDONMENT OF
UNUSED WATER AND
SEWER EASEMENT
Notice is hereby given that •
on the 13th day of
September, 2004, at 6:30 ,
p.m., the City Council of the ,
City of Pearland, Texas, will
conduct a Public Hearing in
the Council Chambers, City r
Hall, 3519 Liberty:Drive, i
Pearland, Texas, to gather
, public comment and testi-
mony regarding the aban-
donment of unused dedicat-
ed water and sewer ease- ,
• ment located on a tract of ,
iland at the southeast comer •
of the intersection of E.
Broadway and Liberty Drive.
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
, subject.
/s/ Young Lorfing, TRMC
City Secretary
This site is accessible to
r disabled individuals. For
special assistance, please i
, call Young Lorfing at 281-
_652-1655, prior to the meet-
ing so that appropriate,
arrangements can be made.