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Ord. 1644 2024-09-23ORDINANCE NO. 1644 An Ordinance of the City Council of the City of Pearland, Texas, reserving a sanitary sewer easement within a portion of the Yost Road right-of-way; an area generally located at the intersection of Yost Road and FM 518, within the corporate city limits of Pearland; and abandoning an 11,643 square foot portion of the Yost Road right-of-way; containing 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 the Yost Road right-of-way more accurately described in Exhibits "A" and “B” (“ROW”), 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, except for the location, construction and maintenance of sanitary sewer lines, a public convenience and necessity does not require retention of said ROW. Section 2. That the City hereby conveys to itself and reserves a sanitary sewer easement within the ROW, as more accurately described in Exhibits “C” and “D” attached here to and made a part hereof for all purposes (“Reserved Sanitary Sewer Easement”). Section 3. That, subject to the Reserved Sanitary Sewer Easement, the ROW is hereby ABANDONED by the City of Pearland. Section 4. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest all documents necessary to give effect to this Ordinance. Section 5. 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 6. That the fee title to the ROW hereby abandoned, subject to the Reserved Sanitary Sewer Easement, shall revert to the adjacent and abutting property owners as provided by law, except that the City Council hereby consents to the transfer of property, as authorized by Texas Local Government Code 272.001, to an adjacent property owner. 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. Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A ORDINANCE NO. 1644 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 9th day of September, A. D., 2024. ________________________________ J.KEVIN COLE MAYOR ATTEST: ____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY PASSED and APPROVED ON SECOND AND FINAL READING this the 23rd day of September, A. D., 2024. ________________________________ J.KEVIN COLE MAYOR ATTEST: ____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ____________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A 8118 Fry Road, Ste. 402, Cypress, Texas 77433 * (281) 213-2517 www.dvjlandsurveying.com * TBPELS Reg. No. 10194609 METES AND BOUNDS DESCRIPTION PROPOSED R.O.W. ABANDONMENT 0.2673 ACRE (11,643 SQUARE FEET) W.D.C. HALL LEAGUE, ABSTRACT NUMBER 70 BRAZORIA COUNTY, TEXAS Being a tract or parcel containing 0.2673 of an acre (11,643 square feet) of land situated in the W.D.C. Hall League, Abstract Number 70, Brazoria County, Texas; being out of and a part of a 20’ Right-of-Way (R.O.W.) dedication to the public of record in Volume 14, Page 60, in the Plat Records of Brazoria County (B.C.P.R.), Texas, out of and a part of Parcel 1 being a called 0.2916 acre tract of record in the name of the City of Pearland in Brazoria County Clerk’s File (B.C.C.F.) Number 2003037987 and out of and a part of existing Yost Boulevard R.O.W.; said tract being more particularly described as follows (Bearings described herein are referenced to the Texas Coordinate System, South Central Zone No. 4204 (NAD83). The Coordinates shown hereon are Texas South Central Zone No. 4204 State Plane Grid Coordinates (NAD83) and may be brought to surface by applying the following combined scale factor of 0.99941055704186.): BEGINNING at a 5/8 inch iron rod found for the northwest corner of the herein described tract and the northeast corner of a called 0.628 acre tract of record in the name of Charles E. Hand in Volume 1403, Page 68, in the Deed Records of Brazoria County (B.C.D.R.), Texas, being the southeast corner of Lot 1 in Vie Villa, a subdivision duly of record in Volume 14, Page 60, B.C.P.R., and being on the west R.O.W. line of aforesaid Yost Boulevard (width varies), having coordinates of X: 3,161,326.88 and Y: 13,766,629.66; THENCE, through and across aforesaid Yost Boulevard the following two (2) courses; 1.South 66 Degrees 49 Minutes 33 Seconds East, at a distance of 21.17 feet pass a 5/8 inch iron rod found, continue for an overall distance of 75.69 feet to the northeast corner of the herein described tract, being the beginning of a curve to the left; 2.Coincident aforesaid curve to the left, an arc length of 86.46 feet, having a radius of 1,055.00 feet, a central angle of 04 Degrees 41 Minutes 45 Seconds and a chord bearing of South 17 Degrees 08 Minutes 32 Seconds West, a distance of 86.44 feet to the most easterly southeast corner of the herein described tract, being the beginning of a proposed R.O.W. transition from the proposed R.O.W. line of aforesaid Yost Boulevard to the north R.O.W. line of East Broadway (F.M. 518) (100 feet wide); THENCE, coincident with aforesaid proposed R.O.W. transition, South 72 Degrees 12 Minutes 13 Seconds West, a distance of 51.72 feet to the most southerly southeast corner of the herein described tract, being on the north R.O.W. line of aforesaid East Broadway; THENCE, coincident with the north R.O.W. line of aforesaid East Broadway, North 66 Degrees 53 Minutes 52 Seconds West, at a distance of 66.10 feet pass a 5/8 inch iron rod found, continue at a distance of 87.27 feet pass a 5/8 inch iron rod found for the south corner of aforesaid 0.0020 acre tract, continue for an overall distance of 100.98 feet to the southwest corner of the herein described tract, being on the south line of aforesaid 0.628 acre tract and the north R.O.W. line of said East Broadway; THENCE, coincident with the existing west R.O.W. line of aforesaid Yost Boulevard and the east line of aforesaid 0.628 acre tract the following two (2) courses: 1.North 77 Degrees 06 Minutes 45 Seconds East, a distance of 22.66 feet; 2.North 42 Degrees 16 Minutes 27 Seconds East, a distance of 112.87 feet to the POINT OF BEGINNING and containing 0.2673 acre (11,643 square feet) of land. This easement is not staked. This description is based on the exhibit “0.2673 acre Right-of-Way Abandonment” made by DVJ Land Surveying, LLC dated March 27, 2024, Project Number 24-0282. Exhibit A TV TR EE E TV E T;E1*,1EER,1*),R012) T;68RVE<,1*),R012 )R<R2$'68,TE &<3RE66TE;$6  DANIEL VILLA, JR. 6751 TR E TV Exhibt B 8118 Fry Road, Ste. 402, Cypress, Texas 77433 * (281) 213-2517 www.dvjlandsurveying.com * TBPELS Reg. No. 10194609 METES AND BOUNDS DESCRIPTION PROPOSED 20’ SANITARY SEWER EASEMENT 0.0583 ACRE (2,538 SQUARE FEET) W.D.C. HALL LEAGUE, ABSTRACT NUMBER 70 BRAZORIA COUNTY, TEXAS Being a tract or parcel containing 0.0583 of an acre (2,538 square feet) of land situated in the W.D.C. Hall League, Abstract Number 70, Brazoria County, Texas; being out of and a part of a 20’ Right-of-Way (R.O.W.) dedication to the public of record in Volume 14, Page 60, in the Plat Records of Brazoria County (B.C.P.R.), Texas and out of and a part of existing Yost Boulevard R.O.W.; said tract being more particularly described as follows (Bearings described herein are referenced to the Texas Coordinate System, South Central Zone No. 4204 (NAD83). The Coordinates shown hereon are Texas South Central Zone No. 4204 State Plane Grid Coordinates (NAD83) and may be brought to surface by applying the following combined scale factor of 0.99941055704186.): COMMENCING at a 5/8 inch iron rod found for the northeast corner of a called 0.628 acre tract of record in the name of Charles E. Hand in Volume 1403, Page 68, in the Deed Records of Brazoria County (B.C.D.R.), Texas, being the southeast corner of Lot 1 in Vie Villa, a subdivision duly of record in Volume 14, Page 60, B.C.P.R., and being on the west R.O.W. line of aforesaid Yost Boulevard (width varies), having coordinates of X: 3,161,326.88 and Y: 13,766,629.66; THENCE, through and across aforesaid Yost Boulevard, South 66 Degrees 49 Minutes 33 Seconds East, a distance of 19.57 feet to the northwest corner and POINT OF BEGINNING of the herein described tract; THENCE, through and across aforesaid Yost Boulevard the following two (2) courses; 1.South 66 Degrees 49 Minutes 33 Seconds East, at a distance of 21.16 feet to the northeast corner of the herein described tract; 2.South 42 Degrees 15 Minutes 08 Seconds West, a distance of 126.90 feet to the southeast corner of the herein described tract, being on the north R.O.W. line of East Broadway (F.M. 518) (100 feet wide); THENCE, coincident the north R.O.W. line of aforesaid East Broadway, North 66 Degrees 53 Minutes 52 Seconds West, a distance of 21.17 feet to the southwest corner of the herein described tract, being on the north R.O.W. line of said East Broadway; THENCE, through and across aforesaid Yost Boulevard, North 42 Degrees 15 Minutes 08 Seconds East, a distance of 126.93 feet to the POINT OF BEGINNING and containing 0.0583 acre (2,538 square feet) of land. This easement is not staked. This description is based on the exhibit “0.0583 acre Sanitary Sewer Easement” made by DVJ Land Surveying, LLC dated July 26, 2024, Project Number 24-0282. DANIEL VILLA, JR. 6751 Exhibit C TX ENGINEERING FIRM NO. F-22322 TX SURVEYING FIRM NO. 10194609 8118 FRY ROAD, SUITE 402 CYPRESS, TEXAS 77433 281.213.2517 DANIEL VILLA, JR. 6751 Exhibit D Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A 2024043785 Total Pages: 8 PM III Ml�.rl ':�I�G 11/2t"q,I0'IA.N.:113S'!'riailtI;iIw 111417,114, 111111 ORDINANCE NO. 1644 An Ordinance of the City Council of the City of Pearland, Texas, reserving a sanitary sewer easement within a portion of the Yost Road right-of-way; an area generally located at the intersection of Yost Road and FM 518, within the corporate city limits of Pearland; and abandoning an 11 643 square foot portion of the Yost Road right-of-way; containing 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 the Yost Road right-of-way more accurately described in Exhibits "A" and "B" ("ROW"), 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: S ection 1. The City Council finds and determines that, except for the location, construction and maintenance of sanitary sewer lines, a public convenience and necessity does n ot require retention of said ROW. S ection 2. That the City hereby conveys to itself and reserves a sanitary sewer e asement within the ROW, as more accurately described in Exhibits "C" and "D" attached here to and made a part hereof for all purposes ("Reserved Sanitary Sewer Easement"). S ection 3. That, subject to the Reserved Sanitary Sewer Easement, the ROW is hereby ABANDONED by the City of Pearland. S ection 4. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest all documents necessary to give effect to this Ordinance. S ection 5. 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 6. That the fee title to the ROW hereby abandoned, subject to the Reserved Sanitary Sewer Easement, shall revert to the adjacent and abutting property owners as provided by law, except that the City Council hereby consents to the transfer of property, as authorized by Texas Local Government Code 272.001, to an adjacent property owner. S ection 7. Savings. All rights and remedies which have accrued in favor of the City u nder this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A ORDINANCE NO. 1644 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 9th day of September, A. D., 2024. DEE iFned by 90F'77591FFF415 FRANCES AGUILAR, TRMC, MMC CITY SECRETARY DocuSigned by: ,j.:-i ww (4 \a 2FA0il8SSDC2A475.. J. KEVIN COLE MAYOR PASSED and APPROVED ON SECOND AND FINAL READING this the 23rd day of September, A. D., 2024. Eatned by: Fra.tn.ws 1t, iCar �c22sa1rrr41s.. FRANCES AGUILAR, TRMC, MMC CITY SECRETARY PROVED AS TO ORM. rV 'ARUARR PARR DARRIN M. COKER CITY ATTORNEY DocuSigned by: �. TtAkitiu (AL 2BON8588c2M75 .. J KEVIN COLE MAYOR c'•4°. rr ers lee • DECLARATION OF AUTHENTICITY BY A NOTARY STATE OF TEXAS COUNTY OF BRAZORIA The attached document, Ordinance No. 1644, dated September 23, 2024 and containing six (6) pages, is a true and correct copy of an electronic record printed by me or under my supervision. At the time of printing, no security features present on the electronic record indicated any changes or errors in an electronic signature or other information in the electronic record after the electronic record's creation or execution. This declaration is made by me under penalty of perjury and signed this 10th day of October 2024. yvit�i�L TARP PUBLIC, STATE OF TEXAS Commission Expires: July 15, 2026 Printed Name: Jenifer K Smith FILED and RECORDED Instrument Number: 2024043785 Filing and Recording Date: 10/10/2024 09.27:39 AM Pages: 8 Recording Fee: $54.00 I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Brazoria County, Texas Joyce Hudman, County Clerk Brazona County, Texas ANY PROVISION CONTAINED IN ANY DOCUMENT WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR IS INVALID UNDER FEDERAL LAW AND IS UNENFORCEABLE DO NOT DESTROY - Warning, this document is part of the Official Public Record. cclerk-jessie