Ord. 1201 01-24-05ORDINANCE NO. 1201
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ABANDONING I
RECORDEDXTEEN IN VOLUME 20, PAGE 5-6F
UTILITY EASEMENT OF THE
A COUNTY, TEXAS,
HIN THE
PLAT RECORDS OF, B AZOOFRIPEARLAND, BRAZOR AITCOUNTY,
CORPORATE CITY LIMITS
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 a
certain sixteen foot (16') utility easement located at 3805 Pine Branch Drive, Pearland,
Texas and more accurately described in Exhibit "A", attached hereto and made a part
hereof for all purposes, and recorded in Volume 20, Page 5-6 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 said sixteen foot (16') wide utility easement.
Section 2. That said utility 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 utility 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 utility 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 utility easement.
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.
ORDINANCE NO. 1201
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 24th day of
January , A. D., 2005.
TOM REID
MAYOR
ATTEST:
UNG
TY S " RETARY
PASSED and APPROVED ON SECOND AND FINAL READING this the 14th
day of February , A. D., 2005.
2
TOM REID
MAYOR
ORDINANCE NO. 1201
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
3
WAIVER AND RELEASE OF LIABILITY
THE STATE OF TEXAS
COUNTY OF BRAZORIA
§
§ KNOW ALL MEN BY THESE PRESENTS:
§
That I, C owner of the sixteen foot (16') utility easement
recorded in Volume 20, Page 5- 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 l %S#.. day of F , 2005.
BEF RE ME, the
the for ong in ru
�/
i, known to me to be the person whose name is subscribed to
sf ment 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 /5 h day
�cforuarj , 2005.
NO 'ARY ' UBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name: ..1liK • S`"'"' +
My Commission Expires: 7 • /5 - Zoom
THE STATE OF TEXAS
COUNTY OF BRAZORIA
undersigned Notary Public, on this day personally appeared
of
CRAIG DARBY
Auto -Life -Health -Home and Business
3246 E BROADWAY
PEARLAND, TEXAS 77581 281-485-1477
December 28, 2004
Darrin Coker
City Attorney for Pearland
Pearland, Tx 77581
Dear Darrin,
I've enclosed a summary of the conversation we had today on why I am
requesting the 16' UE on my side property line be abandoned by the City of
Pearland.
I would like to build an attached garage and portacachet to my home at
3805 Pine Branch Dr Pearland, Tx 77581. In the process, I have received
approval letters from Time Warner,SBC,and City of Pearland. I have
received a verbal approval from Centerpoint energy that as long as I move
a 2" gas line from the existing UE, then they will abandon the UE also.
The approximate cost of the line relocation will be paid by me at an
approximate cost of 7k. What I'm asking is that the city give me a
conditional approval to abandon the easement based upon all the other
dry utility companies giving release before I go through the cost of
relocatiing the gas line.
Thank you for your help in this matter.
Sincerely,
Craig Darby
281-485-1477wk
281-648-5066home
_CenderPolnt.
11, Energy
5 January, 2005
CenterPoint Energy
1301 Travis
Houston, TX 77002
P.O. Box 262E
Houston, TX 77252-2628
Re: OFFSET 2-INCH IP PLASTIC GAS MAIN TO ABANDO EXIPRTE ING 16-
FOOT EASEMENT AND AQUIRE NEW 10
EASMENT
Dear Mr. Darby:
" Entex
i have completed the cost analysis to relocatei estthe imate valid fo
r a90 days only.
s main for your
request. The total cost is 51 . 33.00 This
Construction orders will be issued on receipt of payment in the amount of
$4,833.00. ($300 credit) Please allow 10 to 15 working days after receipt of
payment for the construction to be started. Please send payment to the address
below and include "Pine Branch Dr." on it to ensure proper credit.
CenterPoint Energy Private Projects
Attn: Gas Engineering
1301 Travis Street (Room 760)
Houston, Texas 77002
Please be advised that you will be raquirepration as needed for h handle street cut rjob from the
its, lane
closure permits, pavement repair and res entity that may have jurisdiction over the public right of way.
If you have any questions, please do not hesitate to call me at 713.207.4614.
Sincerely,
Mike Diamantini
Gas Design Associate
cc: file
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RESERVE "A„ DETENTION POND
CERTIFICATION
THE STATE OF TEXAS
COUNTIES OF BRAZORIA, HARRIS &
FT. BEND.
I, LaKeisha Cannon -Scott, Deputy City Secretary of the City of Pearland, Texas,
hereby certify that the attached constitutes a true and correct copy of ORDINANCE NO.
1201 duly passed and approved on its Second and Final Reading by the City Council
on the 14th day of February 2005.
Witness my hand and seal of the City of Pearland, Texas, this 23rd day of February,
2005, at Pearland, Texas.
1
LaKeisha Cannon -Scott
Deputy City Secretary
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tx.us
Printed on Recycled Paper