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Ord. 0811 08-25-9797 031417 ORDINANCE NO. 811 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AND RATIFYING THE ABANDONMENT OF EXCESS RIGHT-OF-WAY ALONG A PORTION OF HARKEY ROAD AT ITS INTERSECTION WITH FM 518 (BROADWAY) FOR PURPOSES OF REALIGNING SAID INTERSECTION, 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 excess right-of-way specifically described by metes and bounds in Exhibits "A" and "B", attached hereto and made a part hereof for all purposes, and generally located along Harkey Road at its intersection with FM 518 (Broadway); now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City Council finds and determines that a portion of Harkey Road has been realigned at its intersection with FM 518 resulting in unused and unnecessary excess right-of-way; and Section 2. The City Council finds and determines that public convenience and necessity does not require retention of said excess right-of-way. Section 3. That abandonment of excess right-of-way located along a portion of Harkey Road at its intersection with FM 518, caused by the realignment of said intersection, is hereby authorized and ratified, as evidenced by Exhibits "A" and "B", attached hereto and incorporated herein for all purposes. Section 4. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest all documents necessary to give effect to this Ordinance. ORIGINAL ORDINANCE NO. 811 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 excess right-of-way is subject to receipt of a duly executed General Utility Easement. Section 7. Abandonment of excess 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 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. Section 10. Effective Date. This Ordinance shall become effective upon passage and approval of its second reading. PASSED and APPROVED ON FIRST READING this the STiSt , A. D., 1997. TOM REID MAYOR day of 2 Exhibit "A" Page 1 of 2 PROPERTY DESCRIPTION 0.103 ACRE TRACT 1 BEING 0.103 OF ONE ACRE OF LAND OUT OF AND A PORTION OF C.R.103-HARKEY ROAD (60' R.O.W.) RECORDED UNDER VOLUME 5, PAGE 303 OF THE PLAT RECORDS OF BRAZORIA COUNTY AND ALSO BEING A PART OF THE JOHNSTON SUBDIVISION IN THE NORTHEAST ONE -FORTH OF SECTION THIRTEEN (13) OF THE H.T.&B. RAILROAD SURVEY, ABSTRACT 240, PEARLAND, BRAZORIA COUNTY, TEXAS ACCORDING TO THE PLAT OR MAP THEREOF IN VOLUME 5, PAGE 303 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. SAID 0.103 ACRE BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 5/8 inch iron rod set at the northeast corner of a 10.1725 acres of land recorded under volume 921075, page 418 of the Plat Records of Brazoria County and also being in the westerly right of way of said C.R.103-Harkey Road; THENCE N 89°58'32" E crossing C.R.103-Harkey Road a distance of 30.00 feet to a 5/8 inch iron rod set for corner said point being in the existing centerline of C.R.103-Harkey Road; THENCE, SOUTH continuing along said centerline a distance of 106.96 feet to a 5/8 inch iron rod set for corner in the proposed westerly line of said C.R.103-Harkey Road; THENCE S 19°33'12" W along the proposed westerly line of said C.R.103-Harkey Road a distance of 89.64 feet to a 5/8 inch iron rod set for corner in said easterly line of said 10.1725 acres and also being in said westerly right of way C.R.103-Harkey Road; THENCE, NORTH along the easterly line of said 10.1725 acre tract a distance of 191.42 feet to the POINT OF BEGINNING and containing 0.103 of one acre or 4,476 square feet of land. Bearings are based on the plat of said Johnston Subdivision and iron rods found on the ground. Mention is made hereon of the separate survey that accompanies these metes and bounds. CARTER & BURGESS, INC. Registered Professional Land Surveyor /7/2 Number 1r 95313601 llmrke)^haik ey.'.pd 3-21-9'7 -8-q7 Date Exhibit "A" Page 2 of 2 PROPERTY DESCRIPTION 0.037 ACRE TRACT 2 BEING 0.037 OF ONE ACRE OF LAND OUT OF AND A PORTION OF C.R. 103-HARKEY ROAD (60' R.O.W.) RECORDED UNDER VOLUME 5, PAGE 303 OF THE PLAT RECORDS OF BRAZORIA COUNTY AND ALSO BEING A PART OF THE JOHNSTON SUBDIVISION IN THE NORTHEAST ONE -FORTH OF SECTION THIRTEEN (13) OF THE H.T.&B. RAILROAD SURVEY, ABSTRACT 240, PEARLAND, BRAZORIA COUNTY, TEXAS ACCORDING TO THE PLAT OR MAP THEREOF IN VOLUME 5, PAGE 303 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. SAID 0.037 ACRE BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at the northeast corner of a 10.1725 acres of land recorded under volume 921075, page 418 of the Plat Records of Brazoria County and also being in the existing westerly right of way of said C.R.103- Harkey Road; THENCE N 89°58'32" E crossing C.R.103-Harkey Road a distance of 30.00 feet to a 5/8 inch iron rod set in the existing centerline of said C.R.103-Harkey Road and POINT OF BEGINNING of herein described tract; THENCE continuing N 89°58'32" E crossing C.R.103-Harkey Road a distance of 25.26 feet to a 5/8 inch iron rod set for corner said point being the beginning of a curve to the right and in the proposed westerly line of said C.R.103-Harkey Road; THENCE in southwesterly direction along said curve and along said proposed westerly line a distance of 100.03 feet to a 5/8 inch iron rod set, said curve having a radius of 415.00 feet, a central angle of 13°48'37" and a chord bearing S 70°26'48" W, 99.79 feet; THENCE S 19°33'12" W continuing along said proposed westerly line a distance of 10.19 feet to a 5/8 inch iron rod set for corner in said existing centerline of C.R. I03-Harkey Road; THENCE, NORTH continuing along said existing centerline a distance of 106.96 feet to the POINT OF BEGINNING and containing 0.037 of one acre or 1,613 square feet of land. Bearings are based on the plat of said Johnston Subdivision and iron rods found on the ground. Mention is made hereon of the separate survey that accompanies these metes and bounds. CARTER & BURGESS, INC. zni Registered Professional Land Surveyor & -9� Date /-7/7 Number h:U531360 IVtorkey I arkey1 ,,pd 3 -2 1 -9 7 Cyffri pocith.pj 35-,5 .11,LK‘-/[n( tp--46E.51(0 THE STATE OF TEXAS COUNTY OP SRAZORA L DOLL'? BAILEY.CIerketthe CoulyCart hsod tor Daderla County, Tens, do Instillment was FILED FOR and RECORDED OFFICIAL ify RECORD the edECORD date as stamped hereon by '�(V/y��,r/J/(�Jaµ,(/P'/ Doureyclatcl &amle Do..TX FILED FOR RECORD 97 SEP -8 PM 2: 10 ACCP COUNTYCLERK71IRI4 COUNTY, TEXAS W -4-"3 V NI • CO 0 v ORDINANCE NO..811 PASSED and APPROVED ON SECOND AND FINAL READING this the aYr) day , A. D., 1997. APPROV D AS TO FORM: A MITES McCULLOUGH CITY A TORNEY TOM REID MAYOR 3