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
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DANIEL VILLA, JR.
6751
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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
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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