Ord. 1257 03-13-06ORDINANCE NO. 1257
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ABANDONING A CERTAIN SIXTY FOOT (60')
RIGHT OF WAY RECORDED IN VOLUME 29, PAGE 43 OF THE DEED
RECORDS IN THE H.T. & B.R.R. CO. SURVEY, ABSTRACT 542,
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 a
certain sixty foot (60') right of way more accurately described in Exhibits "A" and "B",
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 sixty foot (60') right of way.
Section 2. That said right of way, evidenced by Exhibits "A" and "B", 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 also contingent upon the
receipt, by the City from the property owner, of just compensation equal to the fair
market value of the right of way.
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
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.
ORDINANCE NO. 1257
Section 8. 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 27th day of
February , A. D., 2006.
ATTEST:
•
UNG� I i G
TY RETAR
TOM REID
MAYOR
PASSED and APPROVED ON SECOND AND FINAL READING this the l3th
day of March , A. D., 2006.
ATTEST:
f
ON liII�I,G,/-
r ITY "' CRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
__)00() i/14
TOM REID
MAYOR
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EXHIBIT
METES AND BOUNDS DESCRIPTION
0.5381 ACRE OUT OF
LOT 48, ZYCHLINSKI SUBDIVISION
IN THE H.T. & B.R.R. CO. SURVEY, ABSTRACT NUMBER — 542
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 0.5381 acre out of Lot 48, Zychlinski Subdivision according to the plat thereof as
filed in Volume 29, Page 43 Brazoria County Deed Records in the H.T. & B.R.R. Co. Survey,
Abstract Number — 542, Pearland, Brazoria County, Texas and being out of that certain "Tract 2"
described in a deed dated 12-18-2002 from Gerald Koza a/k/a Jerry Koza to Koza Interests, Ltd.
(50% interest) as filed in Official Records of Real Property of Brazoria County at Clerk's File
Number 03-006016 and being more particularly described by metes and bounds as follows (with
all bearings based on the Texas State I'lane Coordinate System, South Central Zone);
Beginning at a found 5/8" iron rod with TxDot aluminum disc marking the southeast corner of
that certain "Parcel 34", called 0.0952 acre tract described in a deed dated 02-24-2005 from
Koza Interests, Ltd. et al to State of Texas as filed in Official Records of Real Property of
Brazoria County at Clerk's File Number 2005-010961 and marking the intersection of the
existing east right-of-way line of State Highway 35 (width varies) with the north line of said
Koza Interests, Ltd. tract, also being the north line of that certain 60' Road Right -of -Way
described in a deed dated 02-08-1961 from Oscar J. Willaert to "Public" as filed in Volume 786,
Page 460 Brazoria County Deed Records;
1. Thence N 87° 11' 51" E — 584.46' with the north line of said 60' Road Right -of -Way and an
interior line of that certain "Tract 1" described in a deed dated 12-18-2002 from Joe Alvarez
to Alvarez Interests, Ltd. (50% interest) as filed in Official Records of Real Property of
Brazoria County at Clerk's File Number 03-006018 to a call and found 1/2" iron pipe in
concrete marking the northeast corner of said 60' Road Right -of -Way, the northeast corner of
said Koza Interests, Ltd. tract and an interior corner of said Alvarez Interests, Ltd. tract;
2. Thence S 02° 35' 09" E — 60.00' with the east line of said 60' Road Right -of -Way and said
Koza Interests, Ltd. tract to a found 5/8" iron rod with cap stamped "RJR" marking the
southeast corner of said Koza Interests, Ltd. tract and the southeast corner of said 60' Road
Right -of -Way and marking an interior corner of said Alvarez Interests, Ltd. tract;
3. Thence S 87° 11' 51" W — 196.84' with the south line of said 60' Road Right -of -Way and
the south line of said Koza Interests, Ltd. tract and an interior line of said Alvarez Interests,
Ltd. tract to a point for corner from which a found 5/8" iron rod bears N 02° 37' 50" W —
1.19' for reference;
4. Thence N 02° 35' 09" W — 30.00' to a set 5/8" iron rod with cap (stamped C.L. DAVIS-
RPLS 4464) for corner;
5. Thence S 87° 11' 51" W — 387.58' to a set 5/8" iron rod with cap (stamped C.L. DAVIS-
RPLS 4464) for corner;
20-14-3 Alice PARCEL1 M&B.doc
6. Thence N 02° 39' 54" W — 30.00' with the existing east right-of-way line of said State
Highway 35 to the POINT OF BEGINNING and containing 0.5381 acre (23,438 square feet)
of land more or less.
This metes and bounds description is accompanied by a separate plat, drawing or exhibit per
Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices"
Section 66 3.1 9(9).
Compiled by:
C.L. Davis & Company
Job Number: 20-14-3 Alice PARCEL M&B.doc
02-10-2006
20-14-3 Alice PARCEL1 M&B.doc
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EXHIBIT
METES AND BOUNDS DESCRIPTION
0.2669 ACRE OUT OF
LOT 48, ZYCHLINSKI SUBDIVISION
IN THE H.T. & B.R.R. CO. SURVEY, ABSTRACT NUMBER — 542
PEARLAND, BRAZORIA COUNTY, l'LXAS
All that certain 0.2669 acre out of Lot 48, Zychlinski Subdivision according to the plat thereof as
filed in Volume 29, Page 43 Brazoria County Deed Records in the H.T. & B.R.R. Co. Survey,
Abstract Number — 542, Pearland, Brazoria County, Texas and being out of that certain "Tract 2"
described in a deed dated 12-18-2002 from Gerald Koza a/k/a Jerry Koza to Koza Interests, Ltd.
(50% interest) as filed in Official Records of Real Property of Brazoria County at Clerk's File
Number 03-006016 and being more particularly described by metes and bounds as follows (with
all bearings based on the Texas State Plane Coordinate System, South Central Zone);
Commencing at a found 5/8" iron rod with TxDot aluminum disc marking the southeast corner
of that certain "Parcel 34", called 0.0952 acre tract described in a deed dated 02-24-2005 from
Koza Interests, Ltd. et al to State of Texas as filed in Official Records of Real Property of
Brazoria County at Clerk's File Number 2005-010961 and marking the intersection of the
existing east right-of-way line of State Highway 35 (width varies) with the north line of said
Koza Interests, Ltd. tract, also being the north line of that certain 60' Road Right -of -Way
described in a deed dated 02-08-1961 from Oscar J. Willaert to "Public" as filed in Volume 786,
Page 460 Brazoria County Deed Records; Thence S 02° 39' 54" E — 30.00' with the existing
east right-of-way line of said State Highway 35 to a set 5/8" iron rod with cap (stamped C.L.
DAVIS-RPLS 4464) marking the POINT OF BEGINNING of herein described tract;
1. Thence N 87° 11' 51" E — 387.58' to a set 5/8" iron rod with cap (stamped C.L. DAVIS-
RPLS 4464) for corner;
2. Thence S 02° 35' 09" E — 30.00' to a point for corner from which a found 5/8" iron rod bears
N 02° 37' 50" W —1.19' for reference;
3. Thence S 87° 11' 51" W — 387.54' with the south line of said 60' Road Right -of -Way and
the south line of said Koza Interests, Ltd. tract and an interior line of said Koza Interest Ltd,
Tract to a point for corner from which a found "X" cut in concrete bears N 00° 47' 01" E —
0.90' for reference;
4. Thence N 02° 39' 54" W — 30.00' with the existing east right-of-way line of said State
Highway 35 to the POINT OF BEGINNING and containing 0.2669 acre (11,627 square feet)
of land more or less.
This metes and bounds description is accompanied by a separate plat, drawing or exhibit per
Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices"
Section 663.19(9).
Compiled by:
C.L. Davis & Company
Job Number: 20-14-3 Alice PARCEL 2 M&B.doc
02-10-2006
20-14-3 Alice PARCEL2 M&B.doc
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