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Ord. 1292 2006-09-05ORDINANCE NO. 1292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A PORTION OF A CERTAIN TEN - FOOT (10') SEWER EASEMENT 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 ten -foot (10') sewer easement generally located along Pearland Parkway north of the Barry Rose Wastewater Treatment Plant on property 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 ten -foot (10') sewer 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 sewer easement is contingent upon the execution of the Protective Covenants attached hereto as Exhibit "B", by the petitioner(s) requesting abandonment. 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. ORDINANCE NO. 1292 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. 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 28th day of August, A. D., 2006. TOM REID MAYOR ATTEST: R ,T TY S i7 RETARY PASSED and APPROVED ON SECOND AND FINAL READING this the 'th day of September, A. D., 2006. 2 TOM REID MAYOR ORDINANCE NO. 1292 ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 3 EXHIBIT "A" LEGAL DESCRIPTION BEING A 4.506 ACRE (196,306 SQUARE FEET) TRACT OF LAND SITUATED IN TN H: D. H. M. HUNTER SURVEY, ABSTRACT NO. 76, BEING OUT OF AND A PART OF A CALLED 39.5 ACRE, TRACT 2 OF PARTION 4, MUSGRAVE-GROHMAN VENTURES, LTD. RECORDED UNDER CLERIC'S FILE NO. 04-027202, AND BEING OUT OF A CALLED 181.6209 ACRE TRACT AS DESCRIBED IN A DEED DATED JUNE 4, 1981, FROM THE C. H. ALEXANDER TRUST TO SUE ALEXANDER MORRISON a.k.a. SUSIE ALEXANDER MORRISON, AND RECORDED IN VOLUME 1596, PAGE 93 ET. SEQ., BOTH OF 1'HE BRAZORIA COUNTY DEED RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD FOUND MARKING 1HL WEST CORNER OF 1'HL HEREIN DESCRIBED TRACT, LOCATED AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID 181.6209 ACRE TRACT WITH THE NORTHEASTERLY LINE OF PEARLAND PARKWAY (130 FEET WIDE) (BEING 2.72 ACRES RECORDED UNDER BRAZORIA COUNTY CLERIC'S FILE NO. 01- 016877) AND BEING EHE SOUTHWEST CORNER OF SAID 39.5 ACRE TRACT, BEING IN THE SOUTHWEST LINE OF A TRACT OF LAND AS DESCRIBED IN A DEED DATED JANUARY 2, 2001 FROM PATRICIA ALEXANDER WOOD TO BEAZER HOMES TEXAS, LP, AS RECORDED UNDER BRAZORIA COUNTY CLERIC'S FILE NO. (01) 000 875; THENCE NORTH 41 DEGREES 39 MINUTES 58 SECONDS EAST, A DISTANCE OF 353.04 FEET TO A 5/8 INCH CAPPED IRON ROD SET FOR 1'1H; NORTH CORNER OF THE HEREIN DESCRIBED TRACT; 1HENCE SOUTH 32 DEGREES 42 MTNVTES 50 SECONDS EAST, ACROSS SAID 39.5 ACRE TRACT, A DISTANCE OF 627.13 FEET TO A 5/8 INCH CAPPED IRON ROD SET IN TEE NORTHERLY RIGHT- OF-WAY LINE OF A PROPOSED ROADWAY (PEORIA PLAINS LANE, BASED ON WIDTH OF 80 FEET) FOR 1'HH EAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 57 DEGREES 44 MINUTES 11 SECONDS WEST, ALONG THE NOR1HERLY RIGHT-OF-WAY LINE OF SAID PEORIA PLAINS LANE, A DISTANCE OF 314.53 FEET TO A 5/8 INCH CAPPED IRON ROD SET FOR i'HN MOST SOUTHERLY CORNER OF THE HEREIN DESCRIBED TRACT, BEING THE EAST CUT -BACK CORNER OF SAID PEORIA PLAINS DRIVE AND PEARLAND PARKWAY; THENCE NORTH 79 DEGREES 25 MINUTES 22 SECONDS WEST, A DISTANCE OF 35.00 FEET TO A 5/8 INCH CAPPED IRON ROD SET FOR THE WEST END OF SAID CUT -BACK CORNER MARKING THE INTERSECTION PEARLAND PARKWAY (130 FEET WIDE) PEORIA PLAINS LANE FOR THE WESTERLY SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 32 DEGREES 42 MINUTES 50 SECONDS WEST, ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID PEARLAND PARKWAY (130 FEET WIDE), A DISTANCE OF 505.60 FEET TO EHE POINT OF BEGINNING AND CONTAINING 4.506 ACRE (196,306 SQUARE FEET) OF LAND. Doc# 2005068399 11 Panes 4 12/02/2005 2:56PI.1 Official Records of BRAZORIA COUNTY JOYCE HUDMAN COUNTY CLERK Fees S28.00 EXHIBIT PROTECTIVE COVENANTS The Centre at Pearland Parkway ("Centre") 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 ten -foot (10') sewer easement. City's acknowledgment and consent are specifically limited to the sewer easement herein described, and as described in the Ordinance No. 1292 abandoning the sewer easement, and no additional abandonment of any nature whatsoever shall be construed as having been consented to herein. CENTRE 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 CENTRE, CENTRE'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. CENTRE SHALL DEFEND, 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 CENTRE AND CITY THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS INDEMNITY BY CENTRE 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 ANY TERMINATION, EXPIRATION, OR CANCELLATION OF THE AGREEMENT. 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 2 o day of � pi'e,".t.!o�/- , 2006. CENTRE _ CITY OF PEARLAND Ce u fi // 4.61 O Y` Li4 6:-et yO/cHV Lj T J H J . LamVs"S , 7 / lrs; ciett Bill Eisen City Manager N X a x as LL 447 (40 �r. d � © c, 0 X CO 0 ,< a x a x a in d x a coo 0 X 'd' CO x ^O 0; xM xo 0 SE SNER O a x 0 X a0 [U rn a xM O O -O co rx co Page 1 of 1 http://gisweb. ci.pearland.tx.us/mox5/citylimit. cfm?action=mox5_broker _imagestream&stream_id... 8/22/2006 AFFIDAVIT OF PUBLICATION The Pearland Reporter. News • 2404 South Park Pearland, Texas 77581 State of- exas lrazoria : nd Harris Counties I, .Lloyd orrow, hereby certify that the notice hereby appended was published in. THE EPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Gal •eston Counties, for 4 issues, as follows: No % • • Date 7 -,2 - 20 No - • Date . 20• - No . Date . • 20 Nol - .Date .20 • No. Date 20 Subscr"ib and sworn to before me this 20 • day. of Laura Ann Emmons, Publisher - Notary Public, State of.Texas • . • 6 .t• % / 9 - 2Published—August 2006- ! NOTICE -OF - PUBLIC HEARING ON THE (ABANDONMENT OF ' UNUSED SANITARY SEWER EASEMENT Notice is hereby given that on the 28th day of August, ' 2006, at 6:30 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 Sanitary ' Sewer Easement along • Pearland Parkway north of Barry' Rose Road. At said hearing all interested parties shall have the right and 'opportunity to appear and be heard on the subject. /s/ Young Lorfing 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.