Ord. 0854 07-16-98ORDINANCE NO. 854
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, VACATING, CLOSING, AND ABANDONING A CERTAIN TEN FOOT
(10') WIDE UTILITY EASEMENT LOCATED AT 2506 FRANCES STREET
LOCATED IN THE MIMOSA ACRES SUBDIVISION, SECTION 4, WITHIN THE
CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS,
IN ACCORDANCE WITH ORDINANCE NO. 788; 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, pursuant to
Ordinance No. 788, to abandon a certain utility easement described in Exhibit "A",
attached hereto and made a part hereof for all purposes, and generally located in
Mimosa Acres Subdivision, Section 4; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The City Council finds and determines that there has been
compliance with the terms of Ordinance No. 788, which establishes a procedure for
abandoning public rights -of -way and that public convenience and necessity does not
require retention of said ten foot (10') wide utility easement.
Section 2. That said utility easement located in Mimosa Acres Subdivision,
Section 4, evidenced by Exhibit "A", is hereby VACATED, CLOSED, and ABANDONED
by the City of Pearland.
Section 3. That the Mayor is hereby authorized to execute and the City
Secretary to attest all documents necessary to give effect to this Ordinance.
Section 4. That the administrative expenses associated with said abandonment
have been paid by Petitioner.
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ORDINANCE NO. 854
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. Abandonment of this unconstructed road right-of-way is subject to
receipt of releases_ executed by TCI Cablevision of Houston; Southwestern Bell
Telephone Company; Entex, a Nornam Company; and Houston Lighting & Power
Company.
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 upon
passage and approval of its second reading.
PASSED and APPROVED ON FIRST READING this the 22nd day of
June , A. D., 1998.
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TOM REID
MAYOR
ORDINANCE NO. 854
ATTEST:
of
PASSED and APPROVED ON SECOND AND FINAL READING this the 13th day
July
ATTEST:
G LO
SEC TARY
, A. D., 1998.
APPROVED AS TO FORM:
GSA '
64.
DARRIN M. COKER
INTERIM CITY ATTORNEY
TOM REID
MAYOR
3
Exhibit "A"
Page 1 of 2
Pearland, Texas 775111
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Exhibit "A"
Page 2 of 2
Legal Description
Abandonment of a certain ten foot (10') wide utility
easement running along the west line of Lot 6, Block 14,
and running along the east line of Lot 7, Block 14, of
Mimosa Acres, a subdivision of 52.552 acres out of
Section 4, H. T. & B. Survey, Abstract 543, Brazoria
County, Texas, according to plat recorded in Volume 7,
page 15 & 16, Plat Records, Brazoria County, Texas.
WAIVER AND RELEASE OF LIABILITY
THE STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA
That I, Kent Sullivan, the undersigned, in consideration for the City of Pearland's
abandonment of the utility easement located at 2506 Frances in the Mimosa Acres
Subdivision, Section 4, within the corporate city limits of Pearland, Brazoria County,
Texas, and in accordance with City of Pearland Ordinance No. 788, do hereby release
the City of Pearland, including but not limited to its officers, agents, and employees,
in both their public and private capacities, from and against any and all claims that the
undersigned holds or may claim due to the abandonment.
It is further agreed that the execution of this Release shall not constitute a
waiver by the City of Pearland, of the defense of governmental immunity where
applicable or any other/"defense recognized by the courts of this state.
SIGNED this ,t9 day of Tut) , 19 9 .
SULLIVAN INSURANCE AGENCY
By�---
Kent Su Ivan Kent Su Ivan
Page 1 of 2
THE STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned authority in and for said County and State, on this
day personally appeared Kent Sullivan, of Sullivan Insurance Agency, known to me to
be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed same for the purposes and considerations
therein expressed, and as his free act and deed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this / `day of
1-u.(L,) ,199'.
LISA D. JONES
NOTARY MUG • STATE OHMS
MY COMMISSION EIN ES
�E'4 `►..0' SEPTEMBER 21, 1999.
S
NOTARY PUBLIC IN 1AND FOR THE
STATE OF TEXAS
-"Ones
Printed Name:
My Commission Expires: //c 1)99
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