Ord. 0791 05-19-97ORDINANCE NO. 791
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, VACATING, CLOSING, AND ABANDONING A CERTAIN
FORTY FOOT (40') WIDE UNCONSTRUCTED ROAD RIGHT-OF-WAY
LOCATED IN PINE HOLLOW SUBDIVISION, SECTION 1-C, EAST OF
DIXIE FARM ROAD AND SOUTH OF FM 518 (BROADWAY), 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 in Pine Hollow Subdivision, Section 1-C; 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 forty foot (40') wide unconstructed road right-of-way.
Section 2. That said unconstructed road right-of-way located in Pine Hollow
Subdivision, Section 1-C, east of Dixie Farm Road and south of FM 518 (Broadway),
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. 791
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 unconstructed road 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 7. 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 8. 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 9. Effective Date. This Ordinance shall become effective upon
passage and approval of its second reading.
2
ORDINANCE NO. 791
PASSED and APPROVED ON FIRST READING this the h.271/
day of
, A. D., 1997.
ATTEST:
TOM REID
MAYOR
PASSED and APPROVED ON SECOND AND FINAL READING this the Mg./day
, A. D., 1997.
ATTEST:
APPr ►VED AS TO FORM:
Y M• ES McCULLOUGH
CITY A TORNEY
° VYli1
TOM REID
MAYOR
3
WAIVER AND RELEASE OF LIABILITY
THE STATE OF TEXAS
COUNTY OF BRAZORIA
§ KNOW ALL MEN BY THESE PRESENTS:
That we, Houston Pine Hollow Associates Limited, acting by and through our
agent, West Development Co., Inc., represented herein by its President, Renee West,
the undersigned, in consideration for the City of Pearland's abandonment of an
unconstructed road right-of-way located in Pine Hollow Subdivision, Section 1-C, east
of Dixie Farm Road and south of FM 518 (Broadway), 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 Q day of /%% , 199?.
HOUSTON PINE HOLLOW ASSOCIATES LIMITED,
by and through its Agent,
WEST DEVELOPMENT CO., INC.
Renee West, President of
West Development Co., Inc.
THE STATE OF TEXAS
COUNTIES OF BRAZORIA
AND HARRIS
BEFORE ME, the undersigned authority in and for said Counties and State, on
this day personally appeared Renee West, President of West Development Co., Inc.,
as agent for Houston Pine Hollow Associates Limited, known to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that she
executed same for the purposes and considerations therein expressed, and as her free
act and deed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 2DS' day of .GIVEN
, 19 47 .
USA D. JONES
IDTAIN RRUC • STATE Of TOSS
MY COM&SSSCN EfQ'EIES
S£PTEYRR 21,1999
NOTARY SUBLIC IN A
STATE OF TEXAS
My Commission Expires: