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
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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
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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