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Ord. 0077 1963-12-1918886 } v�. 868 ;P G17:3I3 ORDINANCE NO.77 ee—i AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, RECEIVING AND ANNEXING AS A PART OF THE SAID CITY OF PEARLAND, TEXAS, THE FOLLOWING TERRI- TORY LYING ADJACENT TO THE CITY OF PEARLAND, TEXAS: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DULY ASSEMBLED: SECTION 1: WHEREAS, on the ,20 day of November, A. D. 1963, there was filed with the Mayor of the City of Pearland, Texas, the following instrument: "THE STATE OF TEXAS ) COUNTY OF BRAZORIA PETITION FOR ANNEXATION TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS: WE, the undersigned, being the record owners of the hereinafter described territory, which is vacant and without residents and which has less than three qualified resident voters and which land is contiguous and adjacent to the corporate limits of the City of Pearland, do hereby petition your Honorable Body to extend the present City Limits of the City of Pearland, Brazoria County, Texas, so as to include in such City and be made a part thereof, the following described territory, as a part of said City of Pearland, Texas, to -wit: Field Notes of all of Brazoria County Water Control & Improvement District No. 3 that is in HT&B Section 13, Abstract No. 240, less a 125 foot x 348.48 foot tract which is described in Volume , Page of the Deed Records of Brazoria County, Texas, and any land now contained in the Pearland City Limits; BEGINNING at the point of intersection of the existing West boundary of Brazoria County Water Control & Improvement District No. 3 and the South right of way of F. M. Road No. 51/28 or Walnut Street whichever would apply; -1- DE'€ 808 01;314 THENCE South 200 feet, more or less, along the West boundary line of the said Brazoria County Water Control & Improvement District No. 3 to its most Southerly Southwest corner; THENCE East 250 feet, more or less, along the South boundary of said Brazoria County Water Control & Improvement District No. 3 to a point in the West right of way of County Road No. 104 for the Southeast corner of this tract; THENCE North 200 feet, more or less, along the West line of said County Road No. 104 to a point in the South right of way line of Walnut Street or F. M. Road No. 518, whichever would apply; THENCE West 250 feet, more or less, along the South right of way line of Walnut Street or F. M. Road No. 518 to the place of Beginning; We, and each of the undersigned, are owners of the above described territory, which is vacant and without residents, either individually, or as tax payers or stockholders in the Company owning said land and do hereby petition the Honorable City Council of the City of Pearland, Texas, by affixing our signatures as shown below, to annex as a part of the City of Pearland, the above described property: FOR ANNEXATION AGAINST ANNEXATION /s/ Cloyd Young /s/ E. M. Whitlow THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day person- ally appeared CLOYD YOUNG and E. M. WHITLOW, well known to me and after being duly sworn, deposes and says: That they and each of them are the owners thereof the territory described in the attached -2- t n �'* fp� ,r1{ vet 868 FAT15 and foregoing petition and are the sole owners thereof, and have voluntarily affixed their signatures petitioning the City Council of the City of Pearland for leave and permission that said above described territory be annexed and become a part of the said City of Pearland, and that the City Council of the City of Pearland favorably consider their petition for annexation and that the purpose of this Petition is to ask for such annexation to said City of Pearland. /s/ Cloyd Young /s/ E. M. Whitlow SUBSCRIBED and SWORN TO before me by the said CLOYD YOUNG on this the 7th day of November, A. D. 1963, to certify which, witness my hand and seal of office. (Seal) /s/ Gladys W. Heatly Notary Public in and for Cameron County, Texas SUBSCRIBED and SWORN TO before me by the said E. M. WHITLOW, on this the 18th day of November, A. D. 1963, to certify which witness my hand and seal of office. (Seal) /s/ Jo Anne Foster Notary Public in and for County, Texas SECTION 2: That on the p2J ''day of November, A. D. 1963, E. T. Gibbons, Mayor of the City of Pearland, Texas, certified to the City Council of the City of Pearland, Texas, the following: "THE STATE OF TEXAS COUNTY OF BRAZORIA CITY OF PEARLAND -3- I, E. T. GIBBONS, the duly elected and qualified Mayor lt of the City of Pearland, do hereby certify that on the 2/- day of November, A. D. 1963, there was filed with me, as Mayor of said City, the following instruments: 1) Petition for Annexation; 2) Certificate of Election in the Territory sought to be Annexed; 3) Affidavit showing a Majority of the property owners of the Territory favoring Annexation. That an examination of the above described instruments and petition reveal that an election was held in the herein described territory adjoining the City the /leday of A/3✓6/4?BCCde , A. D. of Pearland, Texas, on 1963, and that a majority of the owners petitioned the City Council of the City of Pearland, for annexation and did vote in favor of the annexation of the territory described in the petition to the City of Pearland, and properly filed and certified such action to me as the Mayor of the City of Pearland, Texas. That the above described territory adjoining the City of Pearland, Texas, is now legally susceptable of annexation to the City of Pearland, upon the passage and approval of a proper ordinance. ATTEST: /s/ Victor A. Nolen Victor A. Nolen, Secretary CITY OF PEARLAND, TEXAS By:/s/ E. T. Gibbons E. T. Gibbons, Mayor SECTION 3: All of the above mentioned instruments having been filed with the City Secretary of the City of Pearland, by -4- Von 868 Mr 317 E. T. Gibbons, the Mayor thereof, together with his certificate on this the /�T day of,DSC 6RIM _- , A. D. 1963, the City Council of the City of Pearland having examined the same and having inquired into the facts and circumstances surrounding all of the said proceedings and being fully advised of the premises, hereby finds that all of the statements therein contained are true and correct and that the procedure initiated, prosecuted and concluded by the owners of said territory was, in all respects proper and in keeping with the laws of this State prescribing such procedure and that there has been performed and consummated every legal prerequisite necessary to a valid and effectual election and petition for annexation of said territory as a part of the City of Pearland. SECTION 4: The City Council finds as a fact that the owners of said territory have duly and regularly cast their vote in favor of said annexation. SECTION 5: That said territory described in said pro- ceedings lies adjacent and contiguous to the City of Pearland and does not at any place extend one-half mile or more in width. SECTION 6: There is hereby received and annexed as a part of the City of Pearland, Texas, the following territory, being the same as described in the petition for annexation as hereinabove set out: Field Notes of all of Brazoria County Water Control & Improvement District No. 3 that is in HT&B Section 13, Abstract No. 240, less a 125 foot x 348.48 foot tract which is described in Volume , Page of the Deed Records of Brazoria County, Texas, and any land now contained in the Pearland City Limits; BEGINNING at the point of intersection of the existing West boundary of Brazoria County Water Control & Improvement District No. 3 and the South right of way of F. M. Road No. 518 or Walnut Street whichever would apply; -5- :Li. EEl vci 86mr11.8 THENCE South 200 feet, more or less, along the West boundary line of the said Brazoria County Water Control & Improvement District No. 3 to its most Southerly Southwest corner; THENCE East 250 feet, more or less, along the South boundary of said Brazoria County Water Control & Improvement District No. 3 to a point in the West right of way of County Road No. 104 for the Southeast corner of this tract; THENCE North 200 feet, more or less, along the West line of said County Road No. 104 to a point in the South right of way line of Walnut Street or F. M. Road No. 518, whichever would apply; THENCE West 250 feet, more or less, along the South right of way line of Walnut Street or F. M. Road No. 518 to the place of Beginning. SECTION 7: That said territory and the owners thereof shall hereafter have and enjoy all the rights, privileges and obligations incident to and flowing with the annexation of said territory and its incorporation in and within the Corporate Limits of the City of Pearland. SECTION 8: The Corporate Limits of the City of Pearland, are hereby extended to so as to include and there is hereby included within said Corporate Limits, the above described terri- tory. SECTION 9: This ORDINANCE shall take effect immediately upon its passage and approval by the Mayor and thence forth said territory shall be and remain a part of the City of Pearland, Texas, as fully and to all intents and purposes as if said terri- tory were included within the Corporate Limits of the City of Pearland, as originally incorporate. -6- VOL 868 {PM h 319 PASSED on this the /? day of APPROVED this the /7 day of J Secretary December, A. D. 1963. December, A. D. 1963. CITY OF PEAR By: TEXAS . T. GIBBONS, Mayor THE STATE OF TEXAS ) ) COUNTY OF BRAZORIA ) CITY OF PEARLAND ,,. D E E D VO4. 868 F 1;E32© 71 I. E. T, GIBBONS, the duly elected and qualified Mayor f. of the City of Pearland, do hereby certify that on thed/ s day of N 4/641.BE2., , A. D. 1963, there was filed with me , as Mayor of said City, the following instruments: 1) Petition for Annexation; 2) Certificate of Election in the Territory sought to -be Annexed; 3) Affidavit showing a Majority of the property owners of the Territory favoring Annexation. That an examination of the above described instruments and petition reveal that an election was held in the herein described territory adjoining the City of Pearland, Texas, on the /I day of /0/01,45,1 1j�/i_''4—, A. D. 1963, and that a majority of the owners petitioned the City Council of the City of Pearland, for annexation and did vote in favor of the annexation of the territory described in the petition to the City of Pearland, and properly filed and certified such action to me as the Mayor of the City of Pearland, Texas. That the above described territory adjoining the City of Pearland, Texas, is now legally susceptable of annexation to the City of Pearland, upon the passage and approval of a proper noman n:ance. c,rr V',l;! " CITY 2.F PEARLAND, TEXAS By: E. TY. Gibbons, Mayor Igor A. Nblen,/Secretary -1- t :., vn 86 TiAr12,1 THE STATE OF TEXAS ) COUNTY OF BRAZORIA) PETITION FOR ANNEXATION TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS: WE, the undersigned, being the record owners of the hereinafter described territory, which is vacant and without residents and which has less than three qualified resident voters and which land is contiguous and adjacent to the corporate limits of ttze City of Pearland, do hereby petition your Honorable Body to extend the present City Limits of the City of Pearland, Brazoria County, Texas, so as to include in such City and be made a part thereof, the following described territory, as a part of said City of Pearland, Texas, to -wit: Field Notes of all of Brazoria County Water Control & Improve- ment District No. 3 that is in H. T. & B. Section 13, Abstract No. 240, less a 125 foot x 348. 48 foot tract which is described in Volume , Page , of the Deed Records of Brazoria County, Texas, and any land now contained in the Pearland City Limits; BEGINNING at the point of intersection of the existing west boundary of Brazoria County Water Control & Improvement District No. 3 and the south right-of-way of F. M. Road No. 518 or Walnut Street whichever would apply,; THENCE South 200 feet, more or less, along the west boundary line of the said Brazoria County Water Control & Improvement District No. 3 to its most southerly southwest corner,; THENCE East 250 feet, more or less, along the south boundary of said Brazoria County Water Control. & Improvement District No. 3 to a point in the west right-of-way of County Road No. 104 for the southeast corner of this tract; THENCE North 200 feet, more or less, along the west line of said County Road No. 104 to a point in the south right-of-way line of Walnut Street or F.M. Road No. 518 whichever would app ly; THENCE West 250 feet, more or less, along the south right- of-way line of Walnut Street or F. M. Road No. 518 to the place of beginning. E 68 t a.322 We, and each of the undersigned, are owners of the above described territory, which is vacant and without residents, either individually, or as tax payers or stockholders in the Company owning said land and do hereby petition the Honorable City Council of the City of Pearland, Texas, by affixing our signatures as shown below, to annex as a part of the City of Pearland, the above described property: FOR ANNEXATION AGAINST ANNEXATION THE STATE OF TEXAS ) COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared CLOYD YOUNG and E. M. WHITLOW, well known to me and after being duly sworn, deposes and says: That they and each of them are the owners of the territory described in the attached and foregoing petition and are the sole owners thereof, and have voluntarily affixed their signatures petitioning the City Council of the City of Pearland for leave and permission that said above described territory be annexed and become a part of the said City of Pearland and that the City Council of the City of Pearland favor- ably consider their petition for annexation and that the purpose of this petition is to ask for such annexation to said City of Pearland. �.. -2- V° . 86:8 at SUBSCRIBED and SWORN TO before me by the said CLOYD YOUNG on this the 7 — day of , 2e--2/,4.,_ certify which, witness my hand and seal of office. , A.D. 1963, to 4 Notary Public in and for County, Texas SUBSCRIBED and SWORN TO before me by the said E. M. WHITLOW, on this the day of ��i 2_,� , A. D. 1963, to certify which, witness my hand and seal of office. r 1. 3 2 0 -3- Notary(blic in and for nckx,9S County, c..9-j7•v30 Texas FLIED FOR RECO AT ''7S O'CL.00K .9 M nee31 isea H. R. STEVENS, JR. Clerk Cou y Court, Brcz ria Co., Tex. Dri �7: THE STATE OF TEXAS COUNTY OF BRAZORIA I, H. ".. Stevens, Jr., Clerk of the County Court in and for Qr'zori , Co-nty. `exzs, do hereby certify ;hat this instrument was Fi:-• RECORD an -I th D 17, avvre and paga of the named re_ord and at the time and .:X J n7ed h:reon by me. County Clerk of Brazoria Co., Texas