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Ord. 1319 2007-01-22RECORDER'S MEMORANDUM: At the time of recordation, this instrument was found to be inadequate^. for the best photographic reproduction because of illegibility, carbon, or photo -copy, discolored paper, etc. All blockouts, additions and changes were present at the time the instrument was filed and recorded. ORDINANCE NO. 1319 Doc# 2007009455 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A PORTION OF CERTAIN RIGHT- OF-WAY AND EASEMENTS 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. �l3 WHEREAS, a petition has been filed with the City of Pearland, to abandon a portion of a certain right-of-way and easements generally located west of SH 288 and south of West Broadway 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 Right -of -Way and Easements. Section 2. That, subject to any contingencies or retention of rights contained herein, said Right -of -Way and Easements, evidenced by Exhibit "A", are 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 Right -of -Way and Easements 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. 1319 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. Section 9. Declaration of Emergency. The Council finds and determines that the regulation of the City's Right -of -Way inures to the benefit of the traveling public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this ordinance shall be adopted as an emergency measure, and that the rule requiring this ordinance to be read on two (2) separate occasions be, and the same is hereby waived PASSED and APPROVED ON FIRST and ONLY READING this the 22nd day of January, A. D., 2007. APP •VED AS TO FORM: 2 _Dmt) TOM REID MAYOR on 02. 2007 3.29pm L.\0320\032096.010\Dw BROADWAY N86'46'23°E - 60.00' 01 Walsh 91\ \ 2005O6515 �_ \\ Mo tin to PTCL7___ _..., 2005071332 P'nuc Ho to PTCIP 200505E3421 158646'00.1N - 10.0 S86'46'00°W 10.00'� ss 01 , I 0 \ I O If P.O.B. i0ST 3-max 2Ca— _== N863825E - 860.29 P.O.B. N863825E- 860.29 58750'36"W - 878.34' P.O.C. O EXHIBIT-1 GLOSSON ROAD RIGHT OF WAY ABANDONMENT EXHIBIT 2.7517 ACRES Curter Burgess Consultants in Plonning, Engine ring, Architectur me, Construction Alanageand Related Services CARTER & BURGESS, INC. 55 Mush Dry. nousfm. Ten" 770U7 (713)869-2900 SCALE: 1" = 200' PROJ. 00. 032096. 010.003.003C DRAWN BY: LDJ DATE SHEET CHK'D BYE LDJ/JCJ APPROVED: ARP 01/02/07 1 OF 1 x•eecinelm of tf'e Rale of the tract of land described in. Plaintiffs, petition and heRw Zf ,t_ ribed in *:e cr.rr,. and .t.,. ,z,- are the owners and.ho1dare ofthe J0ndori,r and superior title to ^• d land to secure the payment of a Verdor'eLien noto, doted 4e42ist 1913, for the principal sum of ol120,30, due April 1, 1915, be -ring intoreet at. the rai 6 per annu•s, p{'w'' 1e annually in .,.azorla :County, Tex:.o, :with the usual 10% 3ttorneya sat clauses, nd that Plaintiffs are ace° owners and holders of said rote, which note was intr• doted -in evidence and filed in tnie cause. It ie therefore ordered, Ld.u^!,ed and decreed by the Court „^at liainti,fo Thecae '::audlin and his wife, .,..a.ae..a .'4udlin, do ::donor and recozer, of and from Leferdest fdiodle, all his richt, title and interest On and to t".^_ following described ?and,eituated liti - 3razoria County, Texas, beins the -.:+.1/-1 of the S w 1/4 of the 3 .. 1/4 ef Section 45, T }; _ 'Wo Currey, in said '.a..,.: a County, Texas, compriainE IC acres of land, and that the deed executed by said Thomas Mnu:iil., and .rife, :.alLesa, tuudlin, dated January 10,1914, recorded in Volume 124 pa:_e 36C, Deed Records of Brazoria County, Texas, conveying said 1aaci . to :defendant. 1 ..noodle, be and the same Ls hereby in all thinL.e rec.,,..cc , c_..oelled, elet aside and for naught held, And the title to oral.'. land re:rested in ;, ,.alralffs, Thomas Maudlin •:. and ,,alissa :Saudlin,to _ne same extent at lf eaid deed to C C ...._Ale ne-wer bad been exeeutedl It .e furt'l,er ordered that Defendants ;Ay all copra in ;his behalf expeodafd,'.. including fee of .325.00 to t'e attorneys ad 1?tea, for all of which let execution ier>is', The State of Texan -.i'.± , ._ t._ District ,ourteitri County of Dranoria and for _razar_a County, Texs, do ' ereby certify tha... the :,bore .>. 4 f0regoinc 1e a. torte and correct cony of a cert..ir ,;Cd73ert rendered ant entered 1- _'e District Court of 3r:.zeria `-. County, "Texas, ...the ; .. aay o. . e.. _ „ , _r .ore "o. 1 , , , styled Thomas Yaudli et 41 :s. _..... -od1e, as the a a_e appears o. re odor on ..age 13,749 of the _.......t., o, tha Dial tract Court of✓razoria County, Texas. ...:der mz., ce.,_ of Bail_ ou t -..._ the ..th d-; _. Pabruary. .. D. 1919. (SR4L) a_2.1orde._.an Clerk Di>a.__t Ceurt, -_.,o;.,_ County, Texas. ?y. V.R. ratto , Deputy Fired for record thin the 7 day of eh a.it , o'clock 3eneon,Jr., Clerk Co•:rty Court, =_razoria County, Texas. Yiie .,Q. 2576. The State of Texas ) County of Farris ::now all ..en Ch-ore presenta, .:..a__ha .1111son-?lctiy,, Gulf Coast -"ome Concoany, _ cnrno. _tion u'r,der the 2asa of the State of Texae,with ,tr' _.,i:; 3ffine ,:.Alton, in Tiar-- Co . iy, Tex,e, for and incorsi..:oratio,' of the sum of light ^undr.:d Fifty and -o/1C0 3ollare, to it paid by - .S+eirler,_ the receipt of whin:. .s hereby fully a cknowlerged,i.aa granted, :±cad and conveyed, and '0y these does grant, salt .:d convey unto th, said >'.s.Roweer, of 3rcokfield,u:d State of'iseouri 47.# -that certain met or p.rtel of land, lying an d being situate to in the C-ounty of It a.orla c;ata of :texas, described ao follows: all or Lot Lc. Twe;,ty .•-_ f~..) cf The ....._.,_o.. Ri . _„ f, :oast Fame Coo,any'z Suburban Oardene,Subdiv<_sion ,,. 3ect:ot ,o, Zip, , One 'al} Y. 7 0. R. R. Co Surrey, rbatr,c. ::o. loo In said County, .,a - -awn ' ., n,_Ld s,..-,ivieioa, recorded'ia t 1 Ted„, aPi5g_ 9 of the plat records oria .. Tov, aY -err :,.ad0:tO acid latkrecord thereof fcr a oszVlete identi.-c:_,_.n of th. ,._,. '(_..,_ _..:'rayed, era"' lot co ding '.00 a.erc a: .tor nu%e- riz see. Car the :rid.,'. Ietre and a,. iteelf, and . unto the eau elaixing �= treysy feet 4eOt .sin e. Pour in o.i caused it:r . end deli'e r, St ;et, .. r attest: The _etc County oer::. "e.?..+illlcr Fi .ley Gulf State of __ por t10 pressed, Tile So.3. State •- 7, County -. recovered Ord etude -._ charged tine cf 3ta a;zn.:> vaines,all lituatsd inl'' 45, :hat the • I hire; TO VATS AO TO YOT.D the above deocribed, pray:A.1ms, toter "with .a171., and tidli irdor't eiar the righto a..e... appurterownces thereto in anyttise belonging tin.° the Said P. .iinweer,,ln. td, Oicenbli,-- and eesigne forever, „ind said The ;illison-Richey Gulf Coast 'Rome Ooripany., herebyiiind . the: rate 'itself and _its ounceosors to wa ...nd forever defend, ,..11 .ani singular the aiii.d. pro.r.ine . , -neyo tout,' Sato the said lz. S. ”owaer, his helps and tiosigna, againet every person whornanewer law4,u11.y Victe intre cl..i,sin,7; or tc ol-im t:ne sane or any pmt thereor. This Conveyance, 1owever, iii eubject to ,in Queent in a str.ip Of Zround 74aintirfo toe,..ty fc.et 7ataealon3 the 6.i.de or 7.hos lot hereto' conveyed, for penile road purToses, and • 'erdsnt, C 'jest toas easement in the right-of-way of dr......inage ditches, if . arkw, ofDr:linae District No. 3 7 In witneen whereof said The Allison-Igivhey OtAlf Coast Yorn,3 deoepany 1373.7, cAused Its corporate seal to be hereto affixed, and 31-e3e preoents to be sizr.ed, acknowledgtd:, .914, and ;7 end delivered in its natae and on ite ets.l.f..ty W.R.,,,...11ison, .itsPresident mid attested by S.O. ,tair,7 : . IT Said land ' Ste:. , 1 t r. - is tar. t Secretor", tvls 30th ‘lay of ';ovember, A..11.1915 1,- tZCP. 57'71-) T1-7. ALL1337.1: RICT--17-qt7,77 COLS!' 1.707.4:11, cols.p.zrt, , Attest: las Y.,,,iudlin;,.. : .T.l,St.c_icc Sy 1,7.3'.A.1-113.7er. President. 3 .77cieta:t 3e,tretary. 773 executed4 1.1 f expended, 1.7efore me J.I.,.Price,a linter; Public in and for Ear- t 7 , e :ou-tr r.,arrls . 7.1, is.ne. 7 rig Cour.ty, Tex -s , on this d-y ersonally ar,,peareri- i ' k.,.alliron and 3.S.Stc:tes, preeider.t and as -istant settetary, respectively, of The Alliston-.. oars., n I t'rin ' , .1s.....ey Gulf ',o:- ast .7,0..e Conpany. a ,orporo.tion organized and evird stir.3 u.er tho lams of the a 1 lid , ,..., „ ,. ., to . to be , :eroG12 1 ose ........es. are suctcrit:ed oo th-e foregoisse e..77' 7.7' t77e-: -7h-,c371,737, each instrument to be tl.e act and deed of said ce;z: 1 potation, ...nn that t'ey h.id e:,st,ited t-e same for the purposes az.d considerations therein cest.'71 liaudliw of 7:17.4 Tiai 1 pressed,ni in the respectivs c.,pacities therein stated, J.7.y h..:nd and seal of office this 30th day 1Towember,- A.D.1915V5 .t.ilieon-R1407 , ncer the lass Is, for by 7.,S.Y0wilisr, and by thess 0.1!, "41atS at if.one jo Vol. 17,33de t07,3434437„;,t."7:77,7 a Id ste Dollar :nt. PevN nt'utp.s f;/P./...A 12/10/15. (S:,1„; lotary Public Jr. and for lis.rtis Cour.ty, Texas. 0,11.Ca. , vilee fns re -to 1919 C.,,..11ensor, Cl g ;tract:- gtaie of Texan 4hereaaror1:arch. eth, 1916, in cause :77'11136, Stylec, County of Branoria) The Anzieton State Bank vs. J.1. a:4 R.C. ll-ainea;:_.". cpeteerei a. ‘7,adgr.er.t for the prir,t1;a1 t's•ir, Of 51.193.7,-, tthet with cost s .167.70 with int,..:.t-,,,,,, est at tte rate of 10;".. per ar.l.u.:.., and anstr-nt of which a...id Judgment in recorded in liock5„,,,F. .!?1- p,w:te ':'...7,of:c,o1.,..r .a:strae.t Sudg.ments of 1..tascria County, Texas, which is *nere referred:%44 snd wade a 1.77.‘rt hereof, "77_ , Whereas, the 811.1.1.;:.Soines ond R.C.Gaines 'f.,ore fully paid off 0434 41.33»,:3,3 i.-','; --ed said Jud&-nent together with all interestc,oste and Attorneye Pees due thereF. ,i--;.,:5,:, , ..., '.' The said The Angleton Ste.te.oand aeirgvetbe owner of eaid. Juclent-et time of said z. ay:meat, the receip t nf 'el, toh is h.: ege ' in full, the said ,71,?.,,eArt4..../;,?„ --z-f ---;i!— ,e:nder t.:te 1,wo of the Ziti.":c1 of Texas, ac:nr 'State Ig"k, a t'hi'l'c"or-t, , „0 „e 8,,..a.cral.e0 ,,nd ..!:-.6.1%.in -,-.7 lt,.. dt.ly oatherinel:ffmsers, toes nereby P.E.,e...s..,0 ....1.,..ir_en,a1.1 Liens created. at any t:hne ....r,oinnt them :Ind their. ?rope, . or said .justil; ,.".w.:;. ''..i'. zert .r: consent that the 8,-zr.e may he relennedfrom record. .,,,r; Cororte3e,1ofaairCo,.thiSah .4y: Given urder curh.aata ,e' t illarY, 1919. .. . . ,. @',;,-,.;' ' '.-.,-;..&:-i;:':g:te'''''." fl- • -;,71"4".!...10.1011111111.111.14110•11111........-.- . . - .. • • 2 ;4.'44. • ij Ili' L 104 It' Eh LFII r 1 I if 111 111 "IA I • WPM Grows Cows. Omar, Vs*. �w..cfaT; o :i" t % 071 iiiiii.li II t fr K i i Voli. It It we , 00 ' ft t ii.il t r: tit t".4 tal 1 1 tt fl 1: 1 3 �a 11 % 4 • _ 426 40,0EE0 vet 990 Psr4533 R1Q T-o?-VAT EASEMENT THE STATE OF TEXAS . COUNTY OF ERA20RLA . SNOW ALL MEE Eft THESE 4RESENTS: That EAMON C. *MESON. JR., hereinafter referred to as'Grantor, for and,in consideration of the sum of Ten ($10.00) Dollars, and other good and walwbla consideration to Grantor* in hand paid by Erasoria County, acting by and through the Commissioners' Court of said County, receipt and sufficiency of which is hereby acknowledged, has and does by these presents grant and convey unto fraxoria County, Texas, • right-of-way.easement ten feet wide on and across that certain tract or parcel of land, situated is the County of brazorie, State of Texas. and being more particularly described as follow*, to -wit: Said land being a part of cvo 10 acre tracts designated on the tax roIie es tracts 11 and 12 out of the Allison -Richey Gulf Coast Nome Company Subdivision, I1.T.141. R.R. Co. Survey, Section Al, Abstract 300, trattoria County, Texas. Same being land described by deed dated September 4, 1963 as recorded in Volume 860, Page 709 of the Deed Records of brazoria County, Texas. The land hereby conveyed being s strip 10 feet in width off the east side of Tracts 11 and 12, extending from the north line of Tract 11 s tance of 990 feat more or lees to the south line of Tract 12 and containing 0.227 acres of land more or less; for the sole purpose of widening the existing roadway and for highway construction and maintenance only. 1f the roadway easement is not increased an additional ten feet on the opposite side. and the ease- ment accepted by the County and a permanent road or state highway constructed within one year from date, this easement shell terminate. The Creator expressly reserves e11 sand, gravel and sinerela of every kind, ineludiog but not limited to oil sod gas, ie and under said land, but waive* all viatica of ingress and egress fax the purpose Lit1e Data UN TDI13447 BR 68000426.001. »a 980 nrc534 of ex►loring, developing, mining or drilling for the same on said above described surfaces. and it is expressly vmderetood sad agreed that Grantor retains title to said land. subject to aid right -of -way ease- ment, and shall have fres and complete access to said road or highway. TO RIVE AND TO BOLD the above described highway easement unto the said county of Erasorie and its assigns, so long as said premises is used for such road or highway right-of-way purposes. , EXECUTED WrTROUT WARRANT!, expressed or implied, this the day of December, 11 l) H f1FPru IC. ROBINSON, n.' TSB STATE OF TEXAS. : CODtl1T OF RARRiS . Before me, s Notary Public in and for said County and State. on this day personally appeared EA1f7on C. ROBINSON, JR.. know to me to be the person whose name is subscribed to the fore- going instrument. and acknowledged to me that he executed the same for purposes and conaiderstion therein expressed. Given under my hand and seal of office, this the ..I day of A.D. 19 /. 7 . FILED k i CORD ATf 1:41( OOC 4M JAii 9 1963 H. R. STEVENS, 1R • Title Data UN TDI13447 BR 68000426.002 v a 0 ��yl�IlS. .'�y,�l "lr+.t'c1..'aw siAlc�lvN d 'KY.4'rky', i,n .��.: a.l'.:�.v airdlaMeerliratt3 ',74:47iZrgitri APS • • CA ,A41111. •••••••••••••11.110,01.4111•.111.11.011.141111 zekAtt, accomikairmfgralowsger q 1 1 r',1 4 • ;. 4 a 11 :,.. , .4 i 4simwvmow -.. .. .4 .., I 4.z, 133 ....3 •• • t lrg ' 11 $ ' ' " ''','Q -,.,...'. •=•,.. 4. , •-c ., . - •,, ''• ., 4 ;...• / .,, c...1 4,•-tt ,• ..i . ,; 0 1 i ' 9 0 in ....1 I ii 41111 $ .• lit 11 4.4 do ......1 ...... I 11 1 I 1l1 1 11111• A 1 ,. a I 0 zi 444.14 .1"1-'44.et ".• witurg0.41.1. - . -.4 7= • 4 ' . ..."04.' , 0 3111 ill • . -. ' -rftt+r .. , 4,. •.ii ,, ,„ -.....,"7.-.f• ac ii a Otr• : titi . eig :•' ' ' ' 4: '..'0"! . 1.; .,•• 1 ' ; ' 14'. OR . 4 • 1 • r1,1, I • • 1 EXHIBIT PROTECTIVE COVENANTS Pearland Town Center Limited Partnership ("Town Center") is the owner of record of a property described in Exhibit "A" attached hereto. City acknowledges and consents to the abandonment of Right -of -Way and Easements. City's acknowledgment and consent are specifically limited to the Right -of -Way and Easements herein described, and as described in Ordinance No. 1319, and no additional abandonment of any nature whatsoever shall be construed as having been consented to herein. TOWNCENTER 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 TOWNCENTER, TOWNCENTER'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. TOWNCENTER 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 TOWNCENTER AND CITY THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS INDEMNITY BY TOWNCENTER TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF THE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCES- SORS, OR ASSIGNS WHETHER SUCH NEGLIGENCE BE SOLE, JOINT, OR CONCURRENT, ACTIVE OR PASSIVE. 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 /34day of Fcbruari , 2007. CITY OF PEA Bill Eisen City Manager PEARLAND TOWN CENTER LIMITED PARTNERSHIP, a Texas limited partnership By: Pearland Town Center GP, LLC a Delaware Limited Liability Cricpcmation company, its sole general partner BY: a D � ciimJ� aimittd Paatnersiip, so a me er an c is rmanager i s BY: CBL Holdings I, Inc., a Delaware corporation, its sole general partner By: s. Victoria S. Berghel, S nior Vice President and General Counsel AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the: notice hereby appended was published: in THE REPORTER NEWS, a newspaper of general circulation in Brezoria, Harris and Galveston Counties, for / issues, as follows: No / ji/t/. /7 . . 1 Date20 � 7 1 No Date 20 . No Date 20 No .Date 20 No. Date 20. Subscribe and sworn to before me this 20._ CFO day of Laur'Ann Emmons, Publisher Notary Public, State .of Texas n `` lram Vltpn i i t 1 c vow w ' Published Jan. 17, 2007 NOTICE OF PUBLIC (HEARING ON THE (ABANDONMENT OF (RIGHT OF -WAY AND !EASEMENTS Notice is hereby given that on the 22nd day of January, ;2007, 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 portion of the right-of-way and easements generally locat- ed west of SH 288 and `south of FM 518. At saidi hearing all interested parties shall have the right ' and opportunity to appear land be heard on the subject. /s/ Young Lorfing, TRMC City Secretary This site is accessible to dis- abled individuals. For spe- c cial assistance, please call Young Lorfing • at 281.652.1655, prior to the meeting so that appropriate arrangements can be made.