Ord. 1364 2008-10-27ORDINANCE NO. 1364
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.
WHEREAS, a petition has been filed with the City of Pearland, to abandon a
portion of CR 89 generally located south of FM 518 and described in Exhibit "A",
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 public convenience and
necessity does not require retention of said Right-of-Way.
Section 2. That, subject to any contingencies or retention of rights contained
herein, said Right-of-Way, evidenced by Exhibit "A", is 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 is contingent upon the execution
of an Agreement, by the petitioner(s) requesting abandonment, agreeing to convey, to
the City, a Utility Easement for City water and sewer lines along certain portions of the
abandoned right-of-way.
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
ORDINANCE NO. 1364
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.
PASSED and APPROVED on First Reading this the 13t" day of October,
A. D., 2008.
£,I ~
TOM REID
MAYOR
ATTEST:
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Y NG R N ',
Y SE ETARY .,,.,,
PASSED and APPROVED on Second and Final Reading this the 27t" day of
October, A. D., 2008.
M EID
MAYOR
ATTEST:
UN R N , TR
ITY CRETA Y
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2
ORDINANCE NO. 1364
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Ordinance No. 1364
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