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Ord. 0408 1979-11-26ORDINANCE NO. 408 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING THAT A 30.00 FOOT WIDE DEDICATED ROAD RIGHT-OF-WAY LOCATED BETWEEN LOTS 64-65 AND 66 OF THE GEORGE W. JENKINS SUBDIVISION W.D.C. HALL LEAGUE, ABSTRACT NO. 70, BRAZORIA COUNTY, TEXAS, BE VACATED, ABANDONED, AND CLOSED; PROVIDING FOR THE REVERSION OF THE FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS, has the power to establish, construct, alter, close, vacate, and abandon public streets, alleys, and public grounds and highways of the City pursuant to Article 1175 of the Revised Civil Statues of the State of Texas; and WHEREAS, the CITY OF PEARLAND, TEXAS, is presently proceeding with a capital street improvement program within the City, a part of said program being the expansion and improvement of Dixie Farm Road East; and WHEREAS, it has been heretofore determined by the City Coun- cil that it is necessary, and in the best interest of the public, to make certain right-of-way relocations as they relate to the im- provement and expansion of the Dixie Farm Road right-of-way; and, WHEREAS, the City Council has heretofore determined that the future use of a certain unimproved thirty foot (30') right-of-way as hereinafter described, has become highly improbably and there is a need to close and abandon that portion of said right-of-way as herein described; and, WHEREAS, it has been determined by the City Council that all abutting property owners, whose property abutts the portion of right-of-way sought to be abandoned, has consented and agreed to the abandonment of the property and have expressed that such abandonment would be in their best interest and to the advantage of the public generally; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That a certain 0.6959 acre tract of land, being a dedicated road 30.00 .feet wide, located between lots 64-65 and 66 per plat of the George W. Jenkins Subdivision in the W.D.C. Hall League, Abstract No. 70, Brazoria County, Texas, and being more particu- larly described by metes and bounds in Exhibit "A" attached here- to, be and the same is hereby closed, abandoned and permanently vacated as a street or public throughfare right-of-way for all intents and purposes. Section 2. That the fee to the land described in Exhibit "A" attached hereto is hereby released and will revert to the adjacent and abutting property owners as provided by law, except that easements are reserved for any and all existing utilities, if any. Section 3. That all ordinances or parts of ordinances in conflict here- with are hereby repealed. Section 4. That if for any reason any section, paragraph, subdivision, word, phrase, clause or provision of this Ordinance shall be held invalid or unconstitutional by final judgment of a Court of compe- tent jurisdication, it shall not affect any other section, para- graph, subdivision, word, phrase, clause or provision of this Ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, word, phrase, clause or provision of this ordinance be given full force and effect for its purpose. -2- Section 5. This Ordinance shall take effect upon its Second and Final reading by the City Council of the CITY OF PEARLAND, TEXAS. PASSED and APPROVED on First Reading this .4.3 day of , 1979. ATTEST: Ci ty Secretar MAYOR, - City of Pearland, Texas PASSED and APPROVED on Second and Final Reading this day of ATTEST: City Secretary �4—Le , 1979. MAYOR, City of Pearland, Texas -3- EXHIBIT "A" A certain 0.6959 acre tract of land being a dedicated road 30.00 feet wide located between Lots 64-65 and 66 per plat of the George W. Jenkins Subdivision in the W.D.C. Hall League, Abstract No. 70, Brazoria County, Texas, said plat being of record in Volume 79 on Page 616 of the Deed Records of Brazoria County, Texas said 0.6959 acre tract being more particularly described by metes and bounds as'follows, to -wit: BEGINNING at a point for the East corner of Lot 66 and the South corner of the herein described tract, Said point is also located North 45 deg. 01 min. 43 sec. East, 2545.20 feet from the South corner of Lot 71 and also the South corner of the above described 121.1671 acre tract; THENCE North 45 deg. 01 min. 43 sec. East, along the Southeast line of the Jenkins Subdivision, a total distance of 30.00 feet to a point for the South corner of Lot 64 and the East corner of the herein described tract; THENCE North 44 deg. 46 min. 27 sec. West, along the Southwest line of Lots 64 and 65, a total distance of 1010.80 feet to a poin in the Southeast right-of-way line of Dixie Farm Road, based on a width of 70.00 feet, for the North corner of the herein described tract; THENCE South 45 deg. 00 min. 27 sec. West, along the said South- east right-of-way line of Dixie Farm Road, a distance of 30.00 feet to a point in the N.ortheast line of Lot 66 for the West corne of the herein described tract; THENCE South 44 deg. 46 min. 27 sec. East, along the said North- east line of Lot 66, a total distance of 1010.80 feet to the PLACE OF BEGINNING and containing 0.6959 acres of land. December 3, 1979 Mr. Robert Regner The Gustafson Group, Inc. 2034 Houston Natural Gas Bldg. Houston, Texas 77002 Dear Mr. Regner: TELEPHONE (713) 485-2411 POST OFFICE BOX 1157 PEARLAND, TEXAS 77581 We are enclosing certified copy of Ordinance No. 408, abandoning a 30.00 foot wide dedicated road right of way located between Lots 64-65 and 66 of the George W Jenkins Subdivision, W. D. C. Hall League, Abstract 70 in._` Brazoria County, Texas. We trust the enclosedmillbe found in proper order. Yours very truly, Dorothy L. C�.k:: City Secretary dlc enc.