Ord. 1096 04-14-03Doc# 2004073347
ORDINANCE NO. 1096
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ABANDONING A CERTAIN SEVENTY FOOT (70')
WIDE RIGHT-OF-WAY EASEMENT LOCATED IN THE H. T. & B. R. R.
CO. SURVEY, ABSTRACT 551 AND 303 AS TO LOTS 161, 162, THE
WEST PART OF 163 AND PART OF LOT 164 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 a
certain seventy foot right-of-way easement described in Exhibit "A", attached hereto and
made a part hereof for all purposes, and generally located in the H. T. & B. R. R. Co.
Survey; 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 seventy foot (70') wide right-of-way.
Section 2. That said right of way located in the H. T. & B. R. R. Co. Survey,
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 right of way 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. 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 7. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
ORDINANCE NO. 1096
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 8. Effective Date. This Ordinance shall become effective upon the
City's receipt of compensation equal to the fair market value of the property abandoned.
PASSED and APPROVED ON FIRST READING this the 10th day of
February , A. D., 2003. r�
TOM -RE DI
MAYOR
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the 14th
day of April , A. D., 2003.
TOM REID
MAYOR
ATTEST:
YJUNG
Y S .'RETAR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
WAIVER AND RELEASE OF LIABILITY
THE STATE OF TEXAS
KNOW ALL MEN BY THESE
PRESENTS:
COUNTY OF BRAZORIA
That R. West Development Company, Inc., the undersigned, in
consideration for the City of Pearland's abandonment of the seventy foot (70')
right-of-way located in the H.T. & B.R.R. Co. Survey, abstract 551 and 303 as to
lots 161, 162, the west part of 163 and part of lot 164 within corporate city limits
of Pearland, Brazoria County, Texas, does 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 fense recognized by the courts of this state.
SIGNED this @ day of ,
THE STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned Notary Public, on this day personally
appeared 1 s J �5k , 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 \Z day of
, 2003.
AARON MCGUIRE
4„,:`/s. Notary Public, State of Texas
N. \ :5 My Commission Expires
January 27, 2008
NOTARY PUBLIC I
STATE OF TEXAS
OR THE
Printed Name: Af 2oY�1
My Commission Expires
txMir1i I
x'14 1.
GF# 275502
Commitment No.44-901-80-275502
OtSCRIPTION
Tract 3:I:
Raga 3
Field Note Description of a 9.4909 acre tract of landeut of Tract 162 of the w.
Zychlineki Subdivision of Section 28, H.T. & B.R.R. Company Survey, abstract 551,
Brazoria County, Texas, according to the map or plat thereof recorded in volume 29,
Page 9 of the Deed Records of Brazoria County, Texas, and being a part of the land
described in deed recorded under arazoria County Clerk's Pile No. 94-030005, and being
more particularly described as follows:
BEGINNING at a point for the Northwest corner of the aforementioned Tract 162, from
which a found 1/2 inch iron rod bears South 00 deg. 49 min. 31 sec West a distance of
16.22 feet;
THENCE North 89 4ieg. 58 min. 00 sec. East along the North line of said Tract 162, a
distance of 652.50 feet to a point for corner in the West right of way line of a 70
foot dedicated road;
THENCE South 00 deg. 02 min: 00 sec. East along the West right of way line of said
road, at a distance of 15.00 feet pans a 1/2 inch iron rod set for reference corner,
containing in all a total distance of 633.60 feet to a 1/2 inch iron rod found for •
corner) ,
THENCE South 89 deg. 58
rcd found for corner in
THENCE North 00 deg. 02
distance of 617.38 feet
West, continuing in all
containing 9.4909 acres
min. 00 sec. West a distance of 652.50 fee+: to a 1/2 inch iron
the West line of Tract 162`-
min. 00 sec. west along the west line of s;.id Tract 162, at a
pass a 1/2 inch iron rod found for reference corner 0.24 feet
a total distance of 633.50 feet to the PL•A,= OF BEGINNING and
of land, more or less.
NOTE: This Company does not represent that the above acreage or szuere footage
calculations are correct. _
GF# 275502
Commitment No.44-901-80-275502 page 4
CESCRIPTION
TRACT III:
Field note description of a 9.4883 acre:.traet of land out of Tract 162 of the W.
zyehlinski Subdivision of Section 28, H.T. & B.R.R. Co,. Survey, Abstract $51,
Brazoria County, Teas, according to the may or plat thereof recorded in Volume 29,
page 9 of the Deed Records of Brazoria County, Texas, and being a hart of the land
described in Deed recorded under Brazoria County Clerk's File No. 94-030005, and being
more particularly described as follows:
BEGINNING at a point for the Northeast corner of the aforementioned Tract 162, from
which a found 1/2 inch iron rod bears S 19 deg. 34 min. 11 sec. W a distance of 15.61
feet;
TIWCE South along the East line of said Tract 162, a distance of 633.60 feet to a 1/2
inch iron rod found for corner;
THENCE S 89 deg. 58 min. 00 sac. W a distance of 652.14 feet to a :1/2 inch iron rod
found for corner in the East right of way line of a 70 foot dedieai:ed road:
THENCE N 00 deg. 02 min. 00 sec. W along the East right of way 'Ina of said 70 foot
dedicated road, at a distance of 618.60 feet pass a 1/2 inch iron :cod set for
reference corner, continuing in all a total distance of 633.60 feet to a point for
corner in the North line of said Tract 162;
THENCE N 89 deg. 58 min. 00 sec. E along the Korth line of said Tract 162, a distance
of 652.50 feet to the PLACE OF BEGINNING and containing 9.4883 acres of land, more or
less.
NOTE: Thies Company does not represent that the above acreage or square footage
calculations are correct.
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STATE OF TEXAS
COUNTY OF aRAZORIAS
BEFORE ME. the undereignod authority, on thin del.)
personally appeared TERAY GRAY, known to we to be the itOtIKL
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Doc# 2004073347
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.
1096 duly passed and approved on its Second and Final Reading by the City Council
on the 14111 day of April 2003.
Witness my hand and seal of the City of Pearland, Texas, this 2' day of December,
2004, at Pearland, Texas.
(SEAL)
LaKeisha Cannon -Scott
Deputy City Secretary
RECORDER'S MEMORANDUM:
At the time of recordation, this instrument was found to be
inadequate for the best photographic reproduction because
of illegibility, carbon, or photo -copy, discolored paper, etc.
All blockouts, additions and changes were present at the
time the instrument was filed and recorded.
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19.281-652-1600 • www.ci.pearland.tx.us
Printed on Recycled Paper Cp
R. WEST DEVELOPMENT COMPANY, INC.
6302 Broadway, Suite 250
Pearland, Texas 77581
October 28, 2002
Pearland City Council
3519 Liberty
Pearland, Texas 77581
Dear Council Members:
According to City Ordinance Number 788, I formally would like to request the
abandonment of a 70' Right -of -Way which runs between two tracts I recently purchased.
Enclosed you will find a copy of the plot plan and legal description on both pieces of
property. My plan is to combine the two tracts and develop an active adult community
consisting of one-story garden style apartments. If you have any questions, please feel
free to call me.
Sincerely,
ao,e7a2,,A-/a.u.41
Renee West -McGuire
Enclosure
RWM/am
Office: (281) 997-1500 FAX (281) 997-2886
THE HETHERINGTON LAW FIRM
G. RILEY HETHERINGTON
ONE RIVERWAY, SurrE 1700
HOUSTON, TEXAS 77056-1904
TELEPHONE: 713-278-7166
FACSIMILE: 713-278-7211
VOICE MAIL..: 713-590-2342 EXTENSION 4789
EmAn..: GRHLawyer@onebox.com
November 7, 2002
Pearland City Council
c/o City Secretary for Pearland, Texas
3519 Liberty Drive
Pearland, Texas 77581
Re: Opinion Letter in connection with abandonment of Right -Of -Way
Road Easement in the H. T. & B.R.R. Co. Survey, Abstract 551 and 303 as
to Lots 161, 162,the west part of 163 and a part of Lot 164, Brazoria
County, Texas, located in connection with adjacent tracts containing
9.4909 and 9.4883 acres, belonging to Ravenwood Section 3, Ltd., under
City of Pearland Ordinance No. 788, Section 1 (1)(d).
Ladies and Gentlemen:
This Firm has acted as counsel to Ravenwood Section 3, Ltd., a Texas
Limited Partnership ("our client"), in connection with its direction to deliver
our opinion relative to abandonment of the captioned right-of-way under the
terms of City of Pearland Ordinance No. 788, Section 1 (1)(d).
This Opinion Letter is governed by, and shall be interpreted in
accordance with, the Legal Opinion Accord (the "Accord") of the ABA
Section of Business Law (1991), as modified by the Report of the ABA
Section of Real Property, Probate and Trust Law and the American College of
Real Estate Lawyers 1993 (the "Report") as to opinions pertaining to Real
Estate Secured Transactions. As a consequence, it is subject to a number of
definitions, assumptions, qualifications, limitations and exclusions, more
particularly described in the Accord and the Report; and this Opinion Letter
should be read in conjunction therewith. Terms of this letter that begin with
initial capital letters and are not defined in this letter shall be deemed to have
the same meanings herein as the Accord and the Report. The law covered by
the opinions expressed herein is limited to the Law of the state of Texas.
1. Documents Reviewed. For purposes of this opinion, this Firm has
examined the following documents:
(a) Commitment for Title Insurance Commitment GF#275502 issued
by Chicago Title Company, effective date May 13, 2001, with
respect to real property described as Tract II containing 9.4909
acres and Tract III containing 9.4883 acres, such property being
more particularly described by metes and bounds in Exhibit "1"
and "2" respectively, attached hereto and incorporated herein by
reference, with fee simple title in Ravenwood Section 3, Ltd.
(collectively the "Adjacent Property");
(b) Special Warranty Deed with Vendor's Lien dated May 29, 2002
from Lisa McKenzie Savage, Individually and as Independent
Executrix of the Estate of Ray C. McKenzie, Jr., aka Raymond
Carl McKenzie, Jr., Deceased; and Dedra Mechelle McKenzie
Barajas, Grantor to Ravenwood Section 3, Ltd., Grantee to Tract I
containing 9.4909 acres of land and Tract II containing 9.4883
acres of land both out of tract 162 of the W. Zychlinski
Subdivision Section 28, H.T. & R.R. Company Survey, Abstract
551, Brazoria County, Texas;
(c) Right -of -Way Easement Deed dated June 24, 1985, from Terry
Gray and the estate of Wayne Miller, by Jean Miller, Executrix, as
Grantor to. City of Pearland Texas, as Grantee, filed for record
under Brazoria County Clerk's File Number 85157-382 through
384, attached hereto as Exhibit "3" and incorporated herein by
reference, containing the legal description of that certain right-of-
way containing a total of 4.9393 acres, said right-of-way metes and
bounds description being incorporated herein by reference (the
"Right -Of -Way");
(d) Copy of City of Pearland, Texas Ordinance Number 788 dated
April 28, 1997 (the "Ordinance").
2. Legal Opinion. Subject to the applicable defmitions, assumptions,
qualifications, limitations and exclusions contained in the Accord, and in the
Report, the undersigned is of the opinion that our client Ravenwood Section 3,
Ltd., is owner of the Adjacent Property, that is immediately adjacent to the
public Right -Of -Way that is requested to be abandoned under the terms of the
Ordinance.
G. Riley Hetherington,
For the Firm
c: - Enclosures
R. WEST DEVELOPMENT COMPANY, INC.
6302 Broadway, Suite 250
Pearland, Texas 77581
October 28, 2002
Pearland City Council
3519 Liberty Drive
Pearland, Texas 77581
Ladies and Gentlemen:
According to City Ordinance Number 788, subsection b and c, one other landowner was
contacted.
Bert Dahl
3319 Industrial Drive
Pearland, .Texas 77581
(281) 996-5031
The other landowner was unavailable. I only want to abandon the section of R.O.W.
that runs between my two tracts of land. This will not affect the other landowners since it
is not a through R.O.W. If you have any questions, please feel free to call me.
Renee West -McGuire
Office: (281) 997-1500 FAX: (281) 997-2886