Ord. 1280 07-10-06ORDINANCE NO. 1280
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ABANDONING A PORTION OF A CERTAIN
FORTY -FOOT (40') ROADWAY EASEMENT (SCOTT STREET)
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 a
portion of a certain forty foot (40') roadway easement generally located north of the
McHard Road overpass and east of Mykawa Road, Pearland, Texas and more
accurately described in Exhibit "A", attached hereto and made a part hereof for all
purposes, and recorded in 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 forty -foot (40') roadway easement.
Section 2. That, subject to any contingencies or retention of rights contained
herein, said roadway 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 roadway easement is subject to the City's
retention of the fifty -foot (50') water and sewer easement and retention of the portion of
the forty foot (40') roadway easement extending twenty feet (20') east of the existing
east right-of-way line of Mykawa Road.
Section 6. Abandonment of the roadway easement is contingent upon the
execution of the Protective Covenants attached hereto as Exhibit "B", by the
petitioner(s) requesting abandonment.
ORDINANCE NO. 1280
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.
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 26th day of June, A. D.,
2006.
OMREID
MAYOR
PASSED and APPROVED ON SECOND AND FINAL READING this the 10th
day of July, A. D., 2006.
ATTEST:
RMC
ITY S CRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
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PROTECTIVE COVENANTS
("CHEMCENTRAL") is the owner of record of a
certain tract or parcel of land described in Exhibit "A" attached hereto. City
acknowledges and consents to the abandonment of a forty -foot (40') roadway
easement. City's acknowledgment and consent is specifically limited to the roadway
easement herein described, and as described in the Ordinance No. 1280 abandoning
the roadway easement, and no additional abandonment of any nature whatsoever shall
be construed as having been consented to herein.
CHEMCENTRAL DOES HEREBY RELEASE, ACQUIT, AND FOREVER
DISCHARGE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND
ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS OR CAUSES OF
ACTION OF WHATSOEVER CHARACTER OR NATURE, INCLUDING ATTORNEYS'
FEES, COSTS OR EXPENSES ARISING FROM OR BY REASON OF ANY AND ALL
BODILY OR PERSONAL INJURIES, INCLUDING DEATH AND MENTAL ANGUISH,
DAMAGE TO PROPERTY AND THE CONSEQUENCES THEREOF WHICH MAY BE
SUSTAINED BY CHEMCENTRAL, CHEMCENTRAL'S SUCCESSORS OR ASSIGNS,
OCCURRING IN CONNECTION WITH THE HEREINABOVE REFERENCED
ABANDONMENT, AND WHICH ARE CAUSED IN WHOLE OR IN PART BY THE
NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS,
OR ASSIGNS. CHEMCENTRAL SHALL KEEP AND HOLD HARMLESS CITY, ITS
OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY
AND ALL COST, LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND
HOWSOEVER CAUSED, CLAIMED OR RECOVERED BY ANYONE BY REASON OF
INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR
DESTRUCTION OF PROPERTY CAUSED BY OR RESULTING FROM THE
NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS,
OR ASSIGNS ARISING IN CONNECTION WITH THE HEREINABOVE REFERENCED
ABANDONMENT, TO THE EXTENT ALLOWED BY LAW. IT IS THE EXPRESSED
INTENTION OF BOTH CHEMCENTRAL AND CITY THAT THE INDEMNITY
PROVIDED FOR IN THIS SECTION IS INDEMNITY BY CHEMCENTRAL TO
INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF THE
NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS,
OR ASSIGNS WHETHER SUCH NEGLIGENCE BE SOLE, JOINT, OR
CONCURRENT, ACTIVE OR PASSIVE. THE PROVISIONS OF THIS SECTION
SHALL SURVIVE THE TERMINATION, EXPIRATION, OR CANCELLATION OF THIS
AGREEMENT.
City expressly reserves the right, and Chemcentral expressly acknowledges and
consents to this right, to remove without liability therefore, any material or structure
contributing to the encroachments of the fifty -foot (50') water and sewer easement
retained by the City in Ordinance No. 1280, should such removal be desirable in order
for the City to gain access for any reason whatsoever to the water and sewer easement.
The parties hereto expressly agree that City shall in no way be liable for any removal
and/or damage done to such materials and/or structures. Furthermore, the parties
hereto specifically agree that City shall under no circumstances be under any duty or
responsibility to restore any materials and/or structures so removed and/or damaged.
The conditions and covenants are hereby declared to be covenants
running with the land and shall be fully binding upon all persons acquiring any
interest in the property described herein, whether by descent, demise, purchase,
gift, or otherwise.
ACCEPTED and AGREED to this the day of
2006.
CHEMCENTRAL CITY OF PEARLAND
City Manager
Doc# 2006049339
CERTIFICATION
THE STATE OF TEXAS
COUNTIES OF BRAZORIA, HARRIS &
FORT BEND.
I, Sonia Blair, City Secretary of the City of Pearland, Texas, hereby certify that
the attached constitutes a true and correct copy of ORDINANCE NO. 1280; duly
passed and approved on its First and Only Reading by the City Council on the
26th day of June, 2006.
Witness my hand and seal of the City of Pearland, Texas, this 17th day of August,
2006, at Pearland, Texas.
't0 (?OoA
Sonia Blair,
Deputy City Secretary
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3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tx.us
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STATE OF TEXAS §
COUNTY OF BRAZQRiA §
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EXHIBIT
F1ELDNOTE DESCRIPTION of a 20.803 acre tract of land in the H.T. & 6.RA. Co.
Survey, Abstract No_ 232 in 8razorla County, To Said tract is a pert of Lots 55, 00,
66 and two un-mannered Lots in the W. Zychflnski Sutxfvision as recorded In Volume
29, Pogo 43 of the Brazoria County peed Records end is further described as being
the remaining portion of a 28.82 acre tract deschbed as Treat 4' in a deed to F.E.F.
Family Limited Partnership as recorded in Srazo1a County aeries Fife No. 98-048033.
Said 20.603 acre tract is more particularly deed by rnetes and bounds as follows:
BEG1NNINC3 et a 5/8-Inch iron rod set at the point of Intersection of the north Me of
MU lard Road (vartabfe Width rt9ht-of-way) wdh the east right-of-way line of Myta we
Road (County Road 112, based on a width of 1004foct), Said point bears North
02°38'49' East, 60.73 feet and North 87'21'11' East, 50.00 feet•from the original
southwest comer of said Lot 55, same being the northwest comer of Lot 50;
THENCE, North 02°38'49' West, along the east tine of said Myteawa Road for a
distance of 2,791.70 feet to a 5/B-inch iron and found for the north comer of the herein
dasrstbed tract, said point being in the west line of tine Atchison, Topeka and Santa Fe
Railroad right-of-way (based on a with of 1004eet);
THENCE, South 182919" East, along the westerly Una of said railroad right-of-way for
a distance of 2,673.36 feet to a 50"-inch iron rod set for the southeast corner of the
herein described trail, said point tieing in the aforementioned north line of Mthord
Road;
THENCE; South 73°30'10" West, along the north Iine of said McHard Road for a
distance of 64,18 feet to a 5/0-itch Iron rod set for corner;
THENCE, South 84°51'48' West, continuing along said north line fora distance of
386,9B feet to a 5/0-inch Lon rod set for trio point of curvature of a alive to the right;
THENCE, continuing along said north fine and with said curve to the right having a
radius of 518,00 feet. a central angle of 22°26'28", (chord bears South 75°05'0Z" West,
200.42 feet) for art are distance of 201.71 feet to a 5/0-inch Iron rod set for the point of
tangency of said curve;
TOTAL P.06
The conditions and covenants are hereby declared to be covenants
running with the land and shall be fully binding upon all persons acquiring any
interest in the property described herein, whether by descent, demise, purchase,
gift, or otherwise.
ACCEPTED and AGREED to this the 2nd day of August, 2006.
BEDFORD REALTY, LLC
CITY OF PEARLAND
City Manager
8
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Drazoria and Harris Counties
I, .LIcyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria,H
and Galveston Counties, for /arras
issues, as follows:
No. / Date 6 -7 20 0(
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
900Z-60-60 saildx3 uolss u,woa
SUSS JO 81E1S '31lghd tis3oN
SNOWW3 NNY runrl
day of
ura Ann Emmons, Publisher
Notary Public, State of Texas
Published June 7, and
June 14, 2006
NOTICE OF PUBLIC
HEARING ON THE
ABANDONMENT OF
UNUSED WATER AND
SEWER EASEMENT
Notice is hereby given that
on the 19th day of June,
2006, at 6:00 p.m., the City
Council of the City of
Pearland, Texas, will con-
duct a Public Hearing in the
Council Chambers, City
Hall, 3519 Liberty Drive,
Pearland, Texas, to gather
public comment and testi-
mony regarding the aban-
donment of unused portion
of the Scott Street right-of-
way located between State
Highway 35 and Mykawa
Road.
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the sub-
ject.
/s/ Young Lorfing, TRMC
City Secretary
This site is accessible to dis-
abled individuals. For spe-
cial assistance, please call
Young Lorfing at
281 552.1655, prior to the
meeting so that appropriate
arrangements can be made.
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. / Date eo- /1%
20ae:2_
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this /-C
20C(o
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LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
71EKXI3
VdVner--/?-Th)
CFO
Laura Ann Emmons, Publisher
Notary Public, State of Texas
l�S /1/6'. /--fo
Published June 7, and
June 14, 2006
NOTICE OF PUBLIC
HEARING ON THE
ABANDONMENT OF
UNUSED WATER AND
SEWER EASEMENT
Notice is hereby given that
on the 19th day of June,
2006, at 6:00 p.m., the City
Council of the City of
Pearand, Texas, will cnn-
duct a Public Hearing in the
Council Chambers, City
Hall. 3519 Liberty Drive,
Pearland, Texas, to gather
public comment and testi-
mony regarding the aban-
donment of unused portion
of the Scott Street right-of-
way located between State
Highway 35 and Mykawa"
Road.
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the sub-
ject.
/s/ Young Lorfing, TRMC
City Secretary
This site is accessible to dis-
abled individuals. For spe-
cial assistance, please call
Young Lorfing at
281.652.1655, prior to the
meeting so that appropriate
arrangements can be made.