Ord. 0947 01-24-00ORDINANCE NO. 947
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, VACATING, CLOSING, AND ABANDONING A CERTAIN ROAD
RIGHT-OF-WAY LOCATED ALONG KNAPP ROAD, WITHIN THE
CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY,
TEXAS, IN ACCORDANCE WITH ORDINANCE NO. 788; HAVING A
SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR
AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE
THE NEED TO VACATE, CLOSE, AND ABANDON UNNECESSARY
ROAD RIGHTS -OF -WAY INURES TO THE BENEFIT OF THE PUBLIC
AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY
AND WELFARE OF THE CITIZENRY.
WHEREAS, a petition has been filed with the City of Pearland, pursuant to
Ordinance No. 788, to abandon a certain 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 along Knapp Road; 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 road right-of-way.
Section 2. That said unconstructed road right-of-way located along
Knapp Road, 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.
1
ORDINANCE NO. 947
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. Abandonment of this road right-of-way is contingent upon the
execution of a utility easement by the City of Pearland to Reliant Energy-HL&P.
Section 7. Declaration of Emergency. The Council finds and determines that
the need to vacate, close, and abandon unnecessary road rights -of -way inures to the
benefit of the 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.
Section 8. 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 9. 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.
2
ORDINANCE NO. 947
Section 10. Effective Date. This Ordinance shall become effective immediately
upon passage and approval by City Council.
PASSED and APPROVED on First and Only Reading this the 24th day of
January
ATTEST:
NG
Y SE ETARY
APPROVED AS TO FORM:
A.D., 2000.
gJ4A. C
alvt
DARRIN M. COKER
CITY ATTORNEY
3
c
TOM REI
MAYOR
EXHIBIT
Knapp Road Closing
0.142 Acre
STATE OF TEXAS §
COUNTY OF BRAZORIA §
METES AND BOUNDS DESCRIPTION of a 0.142 acre tract in the R.B. Lyle Survey, Abstract
No. 543 in Brazoria County, Texas. Said 0.142 acre tract is a part of Section 4 of the 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:
BEGINNING at the point of intersection of the south line of Knapp Road (based on a width of
60-feet) with the easterly line of the Burlington Northem and Santa Fe Railroad right-of-way
(based on a width of 100-feet).
THENCE, West, along the projected south line of said Knapp Road for a distance of 102.97
feet to a point for comer in the westerly line of said Burlington Northern and Santa Fe Railroad
right-of-way;
THENCE, North 13°47'04" West, along the westerly line of said Railroad right-of-way for a
distance of 61.78 feet to a point for comer on the north right-of-way line of said Knapp Road;
THENCE, East, along the projected north line of said Knapp Road for a distance of 102.97
feet to a point for comer on the aforementioned easterly line of said Burlington Northern and
Santa Fe Railroad;
THENCE, South 13°47'04" East, along the easterly line of said Railroad for a distance of 61.78
feet to the POINT OF BEGINNING, containing a computed area of 0.142 of an acre (6,178
square feet).
NOTE:
1. The bearings shown hereon have been based on the recorded plat of Zychiinski's
Subdivision as recorded in Volume 29, Page 43 of the Brazoria County Deed Records.
2. This description has been computed using record information only and has not been
surveyed on the ground.
Walsh Surveying, Inc.
2006 East Broadway, Suite 105
Pearland, Texas 77588
Job No. 99-236
December 16, 1999
;040dbt•�..� 1
ichael D. Wilson, R.P.L.S.
Registration No. 4821
j2 nett
ET F UBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
3razoria and Harris Counties
, Randy Emmons, hereby certify that the notice hereby appended was published
n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
,irculation in Brazoria and Harris Counties, for /; `: issues, as follows:
subscribe and sworn to before me this
9 .cl9.
Laura Ann Emmons,
NOTICE OF -PUBLIC`
I HEARING ON THE
ABANDONMENT OF
' UNUSED DEDICATED
ROAD RIGHT-OF-WAY
The City Council of the City oil
Pearland, Texas, will hold ai
docketed public hearing oft.
the abandonment of unused'
dedicated road right -of, -way,'
being 'approximately 0.142
acres, located in the R.B. Lyle
Survey, Abstract 5413,' in
Brazoria County, Texas!, and `
being a portion called Knapp
Road' that lies between'
MykaWa and State Highway
35, at 7:00 p.m. on January
-10, 2000," in the Council
Chambers, City Hall, 3519
Liberty Drive, Pearland,
Texas.
AFHDAVLTOF PUBUCATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
3razoria and Harris Counties
, Randy Emmons, hereby certify that the notice hereby appended was published
n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
-irculation in Brazoria and Harris Counties, for / issues, as follows:
>ubscribe and sworn -to .before me this
.Notary Public, -State: pf .Texas
a_®
i
NOTICE OF PUBLIC
HEARING ON THE
ABANDONMENT OF
UNUSED DEDICATED
ROAD RIGHT-OF-WAY
The City Council of the City of
Pearland, Texas, will hold a
docketed public hearing on
the abandonment of unused
dedicated road right-of-way
located in the H.T. & B.R.R.
Company Survey, Abstract.,
239, in Brazoria County, ,
Texas, and being a portion..
called Knapp Road that lies
between -Magnolia and State ,
Highway 35, at 7:00 p.m. on l
January 10, 2000, in thej
'Council Chambers, City Hall,
13519 Liberty Drive, Pearland,�
l Texas._ _ _ __ ___ _
1'FFIDAV!TCF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
to of Texas
zoria and Harris Counties
andy Emmons, hereby certify that the notice hereby appended was published
razoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
.elation in Brazoria and Harris Counties, for / issues, as follows:
No.
No.
No.
No.
No.
►cribe and sworn to before me this / / dayof.--.
•.
c•r
o ary u . Ic, a f Texas
=�A A. EMMONS
—_.—.-.,,-uunoiicu �.:.�% 6`tki }•5� cuw-
NOTICE OF A JOINT PUB-
LIC HEARING OF THE CITY
- COUNCIL AND -THE PLAN
NING AND ZONING COM-
! . _ MISSION OF THE CITY OF
PEARLAND, TEXAS
Notice is hereby given that on
the 25th day of September,
2000, at 6:30 p.m. the City
Council and the Planing and
Zoning Commission of the
City of Pearland, Brazoria,
Harris and Fort Bend
Counties, Texas; will conduct
a Joint Public Hearing in the
Council Chambers, City Hall,
3519 Liberty Drive, Pearland,
Texas, on the request of Dan
Olson of Beazer Homes
Texas, L.P., agent for Thomas
P.•Alexander, Jr. and City of
Pearland, owners, for an
amendment to the Land Use
and Urban Development
Ordinance of said City from
Classification Suburban
Development ' Residential
District (SDR) to `a Planned ,
Unit Development (PUD) for a
master planned community
consisting of commercial; resi-
dential, open space and golf
course uses on the following
described property, to Wit:.
Tract I: 527.062 acres•out of
the D.H.M. Hunter survey, A-
76, Brazoria Co., A-36, Harris
Co., and the H. T. & B; R.R.
Co. survey, A-233, Pearland,-
Brazoria and Harris Co., TX
Tract II: 15.755 acres out of
Lots 30, 31, 32, 39• and 40,
Walcott's Pearland Subdivi-
sion, according to the plat
thereof'filed in Vol. 35, pg 241
& 242, Brazoria Co. Deed
.•
Records, D.H.M. Hunter
Survey, ' A-76, Pearland,.
Brazoria Co., TX
Tract III: 6.000 acres out of
Lots 42 and 43, Walcott's
Pearland Subdivision, accord
' ing to the plat thereof filed in
Vol. 35, pg 241 & 242,
Brazoria Co. Deed -Records,
D.H.M. Hunter Survey, A-76,
Pearland, Brazoria County,
Texas
-At said hearing all interested
.• parties shall have the right
_ _and opportunity to appear and
be heard on the subject.
is/Young Lorfing
City Secretary
--- APPLICATION. NO. 947
wrriuAVIT OF PUBLICATION
The Pearland.Reporter News
2404 South Park
Pearland, Texas 77581
to of Texas
zoria and Harris Counties
andy Emmons, hereby certify that the notice hereby appended was published
razoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
ulation in Brazoria and Harris Counties, for / issues, as follows:
cribe and sworn to before me, this
'k:4FFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pewland, Texas 77581
Texas
and Harris Counties
Emmons, hereby certify that the notice hereby appended was published
ria and Harris Counties in THE REPORTER NEWS, a newspaper of general
)n in Brazoria and Harris Counties, for . / issues, as follows:
Date ael
Date
Date
Date
Date
President
and sworn to before me this �� day o
',v o' ` Commission Expires 9-9-02
Published August 23 & 30,
r• NOTICE OF A JOINT PUB-
LIC HEARING OF THE CITY
I COUNCIL AND THE PLAN=
I• NING AND ZONING COM-
MISSION OF.THE CITY OF
PEARLAND, TEXAS
I Notice is hereby given that on
the 11th day of September,
2000, at 6:30 p.m., the City
Council and the Planning and
Zoning Commission of the,
I City of Pearland, Brazoria,
Harris, and Fort Bend
Counties, Texas, will conduct
a Joint Public Hearing in the' ,
Council Chambers;. City Hall,
;'.3519 libirly Dmie Pearland; ;
Texas, on the request of Dan
Olsen,and Beazer Homes„
agent for TA B Alexander
!Family Ltd. Partnership,
i owner, for an amendment to
:the Land Use and. Urban.
Develop neht Ordinance Of
said City- from Classification
Suburban Development (SD)
and Suburban Development
Residential (SDR) to a
Planned Unit Development for
, a master planned community
consisting of:commercial, resi-
, dential,, open space and -golf
course:uses on the following
described property, to wit:
.. 527;062 acres out of the
D.H.M. Hunter.survey, A-76,
Brazoria Co., A-36, Harris
Co.,,and the H.T. & B.R.R.
Co. survey, A-233„ Pearland,
Brazoria and Harris Co., TX
.(Old Alvin Road) .
At said hearing all interested
parties shall have'the'right
and opportunity to appear and
be heard on the subject.
,/s/-Young'Lorfing
City Secretary
APPLICATION NO. 947