Ord. 0929 10-11-99ORDINANCE NO. 929
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, VACATING, CLOSING, AND ABANDONING A
CERTAIN FIFTY FOOT (50') WIDE UNCONSTRUCTED ROAD
RIGHT-OF-WAY LOCATED ON A 0.475 ACRE TRACT LOCATED IN
THE H. T. & B. R. R. COMPANY SURVEY, ABSTRACT 232, 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 unconstructed road right-of-way specifically
described by metes and bounds in Exhibit "A", attached hereto and made a part
hereof for all purposes, and generally located on a 0.475 acre tract located in the
H. T. & B. R. R. Company Survey, Abstract 232; 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 fifty foot (50') wide unconstructed road right-of-way.
Section 2. That said unconstructed road right-of-way located on a 0.475 acre
tract located in the H. T. & B. R. R. Company Survey, Abstract 232, evidenced by
Exhibit "A", is hereby VACATED, CLOSED, and ABANDONED by the City of
Pea rland.
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.
1
ORDINANCE NO. 929
Section 4. That the administrative expenses associated with said
abandonment shall be paid by Petitioners.
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. 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 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 upon
passage and approval of its second reading and the execution of the Waiver and
Release of Liability attached hereto as Exhibit "B".
PASSED and APPROVED ON FIRST READING this the 11 i 11 day of
SP fr AYth2i1( , A. D., 1999.
ATTEST:
TOM REID
MAYOR
2
ORDINANCE NO. 929
PASSED and APPROVED ON SECOND AND FINAL READING this the
lkh day of Dc)-60 be,{ , A. D., 1999.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
3
Exhibit "A"
STATE OF TEXAS §
COUNTY OF BRAZORIA §
METES AND BOUNDS DESCRIPTION of a 0.475 acre tract of land located in the
H.T.&B.R.R. Company Survey, Abstract 232 in Brazoria County, Texas. Said 0.475
acre tract is a 50-foot wide right-of-way as established by the W. Zychlinski Subdivision
as recorded in Volume 29, Page 43 of the Brazoria County Deed Records and is more
particularly described by metes and bounds as follows:
COMMENCING at a 5/8-inch iron rod found at the intersection of the north line of
McHard Road (based on a variable width right-of-way) and the east line of Mykawa
Road as established in Volume 1232, Page 767 of the Brazoria County Deed Records
(based on a width of 100-feet);
THENCE, North 02°38'49" West, along the east right-of-way line of said Mykawa Road
fora distance of 1075.66 feet to the POINT OF BEGINNING for the herein described
tract, said point being 25.00 feet south of the common line between Lot 60 and Lot 66
of the aforementioned W. Zychlinski Subdivision;
THENCE, North 02°38'49" West, continuing along the east line of said Mykawa Road
for a distance of 50.00 feet to a point 25.00 feet north of said common line between Lot
60 and Lot 66, said point being the northwest comer of the herein described tract;
THENCE, North 87°17'16" East, along a line 25.00.north of and parallel to the common
line between said Lot 60 and Lot 66 for a distance of 407.50 feet to a point in the west
right-of-way line of the Atchison, Topeka, and Santa Fe Railroad right -of (based on a
width of 100-feet), said point being the northeast comer of the herein described tract;
THENCE, South 16°23'42" East, along the said west right-of-way line of the Atchison,
Topeka, and Santa Fe Railroad for a distance of 51.46 feet to a point for the southeast
comer of the herein described 0.475 acre tract;
THENCE, South 87°17'16" West, along a line 25.00 feet south of and parallel to the
common line between said Lot 60 and Lot 66 for a distance of 419.73 feet to the
POINT OF BEGINNING, containing a computed area of 0.475 acre (20,681 square
feet).
NOTE:
THE BEARINGS SHOWN HEREON ARE BASED ON CITY OF PEARLAND
MONUMENTS USING NAD 83 HORIZONTAL CONTROL.
Walsh Surveying, Inc. (W.S.I.)
2006 East Broadway, Suite 105
Pearland, Texas 77581
Phone: (281) 485-3991
Job No. 98-111
August2,1999
Michael D. Wilson, R.P.L.S.
Registration No. 4821
g-2-99
•
Exhibit `B"
WAIVER AND RELEASE OF LIABILITY
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA
That we, Chemcentral Corporation, acting by and through our
Ce/m,rat £A ,,,a u Robb,+ A. Stook, the undersigned, in consideration for
the City of Pearland's abandonment of an unconstructed road right-of-way located on
a 0.475 acre tract located in the H. T. & B. R. R. Company Survey, Abstract 232,
within the corporate city limits of Pearland, Brazoria County, Texas, and in accordance
with City of Pearland Ordinance No. 788, do hereby indemnify, release, and hold
harmless 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
damages, costs, expenses, and attorneys' fees for all claims and suits, including but
not limited to claims and suits for death, personal injury and property damage, arising
out of or connected with said abandonment, whether or not caused in whole or in part
by the negligence of the City, its officers, agents, or employees.
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 i" 'day of 4r�e„ Jp,r , 19 rt.
CHEMCENTRAL CORPORATION
By: ✓z4X
Printed Name: ed�,r/Alie1f
Title: �,,.,,,,/r6?,�,.,yer
Page 1 of 2
•
41.
THE STATE OF TEXAS
COUNTY OF (H o-c-nA 3
§
BEFORE ME, the undersigned authority in and for said County and State, on
this day personally appearecn,o -- , C.9test\wGA. twv‘ager of
Chemcentral Corporation, known to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed same for the
purposes and considerations therein expressed, and as his/her free act and deed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this s3 cd day of
c-0.ce y.bQar , 19 9 9 .
JACKIE OUESENBERRY
Notary Public, State of Texas
My Commission Exptres 8-22-2000
TARY PUBLIC, STATE OF T XAS
Printed Name: 3eLok.e QLLes bcrry
Commission Expires: &'-0202-0Oo O
Page 2 of 2