Ord. 1580 2019-08-26 ORDINANCE NO. 1580
An ordinance of the City council of the City of Pearland, Texas, abandoning
a portion of certain right-of-way (Kincaid Road, generally located south of
Magnolia Parkway and west of FM 1128) recorded in 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 Kincaid Road
generally located south of Magnolia Parkway and west of FM 1128 and described in Exhibit "A",
attached hereto and made a part hereof for all purposes; 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 Right-of-Way Easement.
Section 2. That, subject to any contingencies or retention of rights contained herein,
said Right-of-Way Easement, evidenced by Exhibit "A", is hereby ABANDONED by the City of
Pearland.
Section 3. 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 4. Abandonment of the Right-of-Way Easement is subject to, and shall not
include, any existing utility easements benefitting the City.
Section 5. 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 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon
its passage and approval by the City Council.
ORDINANCE NO. 1580
PASSED and APPROVED on First Reading this the 12th day of August, A. D.,
2019.
"c".?"7.AS cr.-Z[4d
• =
=�- TOM REI
"` /\ MAYOR
ATTEST: 41811111W
MARIA RODRIGUEZ
INTERIM CITY SECRETARY
PASSED and APPROVED on Second and Final Reading this the 26th day of August,
A. D., 2019.
`%eakoi
u
=�: DSII TOM REID
%\ o MAYOR
ATTEST:
MARIA RODRIGUEZ e
INTERIM CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
r N DEED
VOLa�.rag
1544 40
RIGHT-OF-WAY EASEMENT DEED
35101 •
THE STATE OF TEXAS
COUNTY OF BRAZORIA
THAT I, EUGENE LESLIE KINCAID, JOINED PROFORMA by my wife, ABBIE E.KINCAID,
of Brazoria County, Texas , tounideration of the sura of$ 10,00. : and other
good and valuable considerations in hand paid by Brazoria County.acting through the Commis inners'Court of said County,
receipt of which is hereby acknowledged,do by these presents granr, bargain, sell and convey,•subject to the reservation
hereinafter'made,unto Brazoria County,the free and uninterrupted use, liberty and privilege of'tbe_ passagc,in, along, upon
and across the following lands in Brazoria County,Texas,owned by ter;to-wit:
•
A 60 foot road right of way out of a 27.70 acre tract of land -
being the South 460 feet of the North one half of the Northeast
one quarter of the George C. Smith Survey, Section 18, Abstract
547, Brazoria. County, Texas, and being more particularly described
as follows:
BEGINNING ac a 1/.2 inch iron rod in the. west right of way line of
F.M. 1128, which bears S 00 deg. 08' W a distance of 200.00 feet
from the northeast corner of the aforementioned 27.70 acre tract;
THENCE West a distance of 2348.04 feet to a 1/2 inch iron rod at •
the .P.C. of a cul-de-sac;
THENCE along and with the arc of said cul-de-sac having a radius
of 60.00 feet and a central angle of 300 deg. 00' 00", a distance
of 314.16 feet to a 1/2 inch iron rod at the P.T. of said cul-de-
sac;
THENCE East a distance of 2348.04 feet to a 1/2. inch ir•Qn:rod, in
the west right of way line of F.M. 1128;
THENCE N 00 deg. 08' E a distance of 60.00 feet to the PLACE OF
BEGINNING.
More popularly known as KINCAID DRIVE. •
The grantor S herein except from this easement and reserve—for themselves
their heirs and assigns,forever,all oil,gas,and other minerals, in and under the land covered by this easement,
but said grantor , for them t•1 vas , their err and assigns, waive—.---
all
aiv.all right of ingress and egress to and from the surface of the land covered by this easement for the purposes of drilling,
mining,exploring or developing such minerals.
For the purpose of opening, constructing and maintaining a permanent road or State Highway in, along, upon and across
said premises,with the right and privilege at all times of she grantee herein,his or its agents,employs, workmen and rep-
resentatives having ingress,egress, and regress in„along,upon and across said premises for the purposes of making additions
to,improvements on,and repairs to the said road or highway, or any part thereof.
TO HAVE AND TO HOLD unto the said Brazoria County as aforesaid for the purposes aforesaid the premises above
described.
WITNESS our bands shi. '1 day of October ,A.D. Isla-
EUGENE; LESLIE KINCAID
(RECORDED AS PER ORIGINAL)
ABBIE E. KINCAID - JOINED PROFORMA
4111 110
0
THE STATE OF TEXAS •• _ • . . • .YoL1544 PlGE 41
COUNTY OF BRAZ UREA
Before me,a Notary Public in and for said County and Stare,on this dayersonally appeared
EUGENE LESLIE KINCAID and wife, ABBIE E. KINCAID
known to me to Ire the person R whose name_E_'—Ere 'ubscribed co the foregoing instrument,and'
acknowledged teytse iicit•. they executed the sante for purposes and consideration therein expressed.
Gre,cji:i der.my,ha;d xal of office,this the 7 day of- October ,A.D.'1980
sir yf/".•.-
~' I . , -.!L i /�ir�/ Notary Public,
is %.'' C- :razoria County. ,
•?'s.;:., • REBECCA E.BENTLEY
'>''Z4,1S 4-,- .`' My Commission' Expire„_._,,,„pl,..u,sgpro
THE STATE OF
COUNTY OF ,
Before me,a Notary Public in and for said County.and State,on this day personally appeared
,wife of
known to me to be the person whose name is subscribed to the foregoing instrument,and having been examined by me privily
and apart from her hnsbind and having the same by me fully explained to her,she,the said
acknowledged such instrument to be her act and deed,and she declared that she had willingly signed the same for the purpos-
es and consideration therein expressed and that she did not wishto retract it.
Given inder'my hand and seal of office,this the day of ,A.D.19—
•
, Notary Public,
County.
FILED FOR RECORD
AT :4 7 orctoCK P ' E. .
.
DEC 31980
H. R. STEVENS, JR.
cum,1 s •. , .RAZ);IA CO.TOGS
mi//u/a1 am lei! 090
ixoDrS •
1a .1015£ k.p
• DO'S 013/70/21 -12lI DOC •
0
I 1=
1111
I
0 ' g
10-1
$ 0-114
14
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T
s 1 3 J
ORDINANCE NO. 1580
An ordinance of the City council of the City of Pearland, Texas, abandoning
a portion of certain right-of-way (Kincaid Road, generally located south of
Magnolia Parkway and west of FM 1128) recorded in 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 Kincaid Road
generally located south of Magnolia Parkway and west of FM 1128 and described in Exhibit "A',
attached hereto and made a part hereof for all purposes; 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 Right -of -Way Easement.
Section 2. That, subject to any contingencies or retention of rights contained herein,
said Right -of -Way Easement, evidenced by Exhibit "A", is hereby ABANDONED by the City of
Pearland.
Section 3. 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 4. Abandonment of the Right -of -Way Easement is subject to, and shall not
include, any existing utility easements benefitting the City.
Section 5. 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 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon
its passage and approval by the City Council
ORDINANCE NO. 1580
2019.
ATTEST:
PASSED and APPROVED on First Reading this the 12th day of August, A. D.,
MARIA RODRIGUEZ
INTERIM CITY SECRETARY
PASSED and APPROVED on Second and Final Reading this the 26th day of August,
A. D., 2019.
ATTEST:
MARIA RODRIGUEZ
INTERIM CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
STATE OF TEXAS
COUNTIES OF BRAZORIA,-'HARRIS AND FORT BEND
CITY OE PEARLAND '
Certified as a true and correct copy of
QRPpy4!Nre N0 .. 15'8 O
Witness my hand and seal of office this
ICH% day of 5P4i' cb r,AD.2019
. Deputy
,
DeCity Seaetary ity %'('cadmic', "I'cs;t
35101
t, DEED
VN.1544 rAB€ 40
RIGHT-OF-WAY EASEMENT DEED
THB man OF TEXAS
coUNTY OF BRASORIA
THAT I, EUGENE LESLIE KINCAID JOINED PROFORMA bt my wife, ABBIE E.KINgAID,
of Brazoria County, Texas , In con,ideradon of rhe tum of s 10.00., testi other
good and valuable consideration% to hand paid by Brozoria County, acting through the Commiq i nel Curt of Feld County,
receipt of which i, hereby acknowledged, do by them prestos grant, bargain, sell end coney,' !object to the reservation
heeinafter made, unto Brazoria County, the free and uninterrupted este, liberty and privdege of 'The pnsage.ln, along, upon
end across the following land; in Bezorit County, Tmxe, owned by tot to-wic:
•
A 60 foot road right of way out of a 27.70 acre tract of land'
being the South 460 feet of the North one half of the Northeast
one quarter of the George C. Smith Survey, Section 18, Abstract
547 Brazoria County, Texas, and being more particularly described
as follows:
BEGINNING at a 1/2 inch iron rod in the west right of way line of
F.M. 1128, which bears S 00'deg. 08' W a distance of 200.00 feet
from the northeast corner of the aforementioned 27.70 acre tract;
THENCE West a distance of 2348.04 feet to a 1/2 inch iron rod at
the P,C. of a cul-de-sac;
THENCE along and with the arc of said cul-de-sac having a radius
of 60.00 feet and a central angle of 300 deg. 00' 00", a distance
of 314.16 feet to a 1/2 inch iron rod at the P.T, of said cul -de -
sae;
THENCE East a distance of 2348.04 feet to a 1/2. inch ingn,rod in
the west right of way line of F.M. 1128;
THENCE N 00 deg. 08' E a distance of 60.00 feet to the PLACE OF
BEGINNING.
More popularly known as KINCAID DRIVE.
The grantor 9 herein except -from this easement and reserve For themselves tel
their heirs and assigns, forever, all oil, ge, and other minerals, in and under the land covered by rill, easement,
but aid grantor n , for vr,em seladep their Tats%, and ars1gns, waive___
all right of ingot and egress to and from the surface of the land covered by this easement for the onions of drilling,
mining, exploring or developing such minerals,
Por the purpose of opening, constructing and mainuining a permanent road or State Highway in, along, upon and saoss
said premier, with the right and privilege ac all timet of the grantee herein, his or its egerses, employe', workmen and rep-
xaentttivu having invest, egrets, and regrets in,, along, upon and acre, said premises for the purposes of making addition
to, 6npmvenenn on, and repairs to the said road or highway, or any part thereof.
TO HAVE AND TO HOLD unto the mid Bnzocia County at aforesaid for tie purposes aforesaid the prcndzet above
described,
WITNESS
our
hands
(RECORDED AS PER ORIGINAL)
this 47// day of October __, A.D. 19.811._
EUGENE LESLIE KINCAID
sr
el
4.44-4,
ABBIE E. KINCAID - JOINED PROFORMA
•
• O •
THE STATE OF
COUNTY OP
TEXAS
BRAZORIA
DEED
Y0L1544 NEE 41.
Wore me, a floury Public in and for said County and Stare, on this day personally appeared
EUGENE LESLIE KINCAID and wife, ABEIE E. KINCAID
known to me to M the person n whose name a
acknowledgedtiysw j{1iF they executed
Gi- eisdee,my h.itd,yaeai of office, this thr
7i a •u g
i
THE STATE OP
COUNTY OP
are subscribed to the foregoing instrument, and
the sent for purposes and consideration therein expiated.
day of October/� ,A D 1930
al
razoria County.
REBE4CA L BENTLEY
My Commission' Expireea-�� Frkw kuapap
Notary Public,
Before me, a Notary Public in and for said County and State, an this day personally appeared
wife of
known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily
and apart from her husband and having the same by ma fully explained to her the the said
acknowledged such instrument to he her ace and deed, and she declared that she had willingly signed the :s1110 for the purpos-
es and consideration therein expressed and that she did not whites retract ie.
Given under'my hand and seal of office, mita tit day of A D 19_
HIED fOR RECORR}D
AT I.'A % O'CLOCK L _ M.
DEC 31980
H. R. STEVENS, JR.
cox Iwygq OOWL BRATIA co. TDUS
BY.
OB/vU/EI
'Eg000'S
]v
DO'S
i 00'4
et
via ell non
IOISC
00/7021 Ell 000
EASEMENT
, Notary Public,
County,
k •