Ord. 0821 09-22-97ORDINANCE NO. 821
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DISCONTINUING AND DISANNEXING CERTAIN TERRITORY
FROM THE CITY AND ADJUSTING THE CITY'S BOUNDARIES
ACCORDINGLY; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION
AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO CLARIFY BOUNDARIES BETWEEN ADJACENT
MUNICIPALITIES INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY.
WHEREAS, there exists, within the boundaries of the City of Pearland
approximately 129 acres of land which are contiguous to the City; and
WHEREAS, pursuant to Chapter 43.145 of the Local Government Code, the City
has determined to discontinue said territory in order that mutual boundaries between
the City of Pearland and the City of Manvel may be clearly defined; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The tract of land described in Exhibit "A", attached hereto and
incorporated herein for all purposes, is 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. Emergency. The Council finds and determines that clarifying
boundaries between adjacent municipalities inures to the benefit of the public and,
therefore, bears directly upon the health, safety and welfare of the citizenry; and that
this Ordinance shall be adopted as an emergency measure, and that the rule requiring
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ORDINANCE NO. 821
this Ordinance to be read on two (2) separate occasions be, and the same is hereby
waived.
Section 4. 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 5. 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 6. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed, but only to the extent of such conflict.
Section 7. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 8. Effective Date. This Ordinance shall become effective immediately
upon its passage and approval by the City Council.
PASSED and APPROVED on First and Only Reading this the day of
, A. D., 1997.
TOM REID
MAYOR
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ORDINANCE NO. 821
ATTEST:
APPRO; ED AS TO FORM:
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METES AND BOUNDS DESCRIPTION
129 ACRES, MORE OR LESS
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EXHIBIT
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129 acres, more or less, located in the H. T. & B. RR Co. Survey, Section 81, Abstract No. 300 and
the R. B. Lyle Survey, Section 88, Abstract No. 540 of Brazoria County, Texas said 129 acres, more
or less, being more particularly described by metes and bounds as follows:
BEGINNING at the intersection of the west right-of-way line of County Road 94 (CR 94) (40 feet
wide) and the north right-of-way line of County Road 59 (CR 59)(60 feet wide);
THENCE SOUTHERLY, 30 feet, more or less, to the center line of said CR 59, being the common
line between the R. B. Lyle Survey, Abstract No. 540 and the H. T. & B. RR Co. Survey, Abstract
No. 300;
THENCE SOUTHERLY, 990 feet, more or less, along said west line of CR 94 to the south line of
Lots 52 and the north line of Lot 53 to said R. B. Lyle Survey;
THENCE WESTERLY, 5,260 feet, more or less, along the south lines of Lots 52, 42, 32, 22, 12,
and 2 and the north lines of Lots 53, 43, 33, 23, 13, and 3 of said R. B. Lyle Survey to the southwest
corner of said Lot 2 and the northwest corner of said Lot 3;
THENCE NORTHERLY, 990 feet, more or less, along the west lines of Lots 2 and 1 of said R. B.
Lyle Survey to the center -line of said CR 59 and the common line between said R. B. Lyle Survey
and said H. T. & B. RR Co. Survey, Abstract No. 300;
THENCE NORTHERLY, 30 feet, more or less, to said north line of CR 59;
THENCE EASTERLY, 3,550 feet, more or less, along said north line of CR 59 to the east line of
County Road 566 (CR 566)(60 feet wide), being the west line of the State Highway No. 288 (SH
288) widening for CR 59;
THENCE NORTHERLY, 40 feet, more or less, along said east line of CR 566 and said west line of
the SH 288 widening;
THENCE EASTERLY, 30 feet, more or less, along said west line of the SH 288 widening;
THENCE NORTHEASTERLY, 381 feet, more or less, along said west line of the SH 288 widening;
THENCE NORTHEASTERLY, 83 feet, more or less, along said west line of the SH 288 widening;
THENCE EASTERLY, 420 feet, more or less, across the SH 288 right-of-way (420 feet wide at this
point) to the east line of SH 288;
THENCE SOUTHEASTERLY, 83 feet, more or less, along the east line of the SH 288 widening for
CR 59;
THENCE SOUTHEASTERLY, 381 feet, more or less, along said east line of the SH 288 widening,
THENCE EASTERLY, 200 feet, more or less, along said east line of the SH 288 widening;
Page 1 of 2 Pages
THENCE SOUTHERLY, 40 feet, more or less, along said east line of the SH 288 widening to said
north line of CR 59;
THENCE EASTERLY, 260 feet, more or less, along said north line of CR 59 to the POINT OF
BEGINNING, containing 129 acres, more or less.
August 20, 1997
Project No. 67102-003-0-DEV
S & V SURVEYING, INC.
Page 2 of 2 Pages
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