Ord. 0121 1965-12-21ORDINANCE NO. /01
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS
AUTHORIZING THE MAYOR OF SAID CITY TO EXECUTE
A QUITCLAIM DEED ON BEHALF OF SAID CITY TO A
CERTAIN TWENTY FOOT STRIP BEING ABANDONED
WITHIN SAID CITY IN CONSIDERATION OF THE EXECU-
TION OF A RIGHT OF WAY EASEMENT BY W. D. HADEN
COMPANY TO SAID CITY, OF A CERTAIN RIGHT OF WAY
EASEMENT TO BE USED IN LIEU OF THE STRIP ABAN-
DONED; CONTAINING OTHER MATTERS RELATING TO
THE SUBJECT AND DECLARING AN EMERGENCY:
WHEREAS, The City Council of the City of Pearland, Texas has
determined that a certain twenty foot strip of land off the North side of
Section 12, HT&B RR Company Survey, Abstract 508, in the City of
Pearland, Brazoria County, Texas, that said City should abandon said
strip of land as a public thoroughfare and in lieu thereof to acquire another
right of way easement which would better serve the public and the people
of the City of Pearland, Texas, NOW, THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
SECTION 1:
That the City is the owner of a certain twenty foot strip of land off
the North side of Section 12, HT&B RR Company Survey, Abstract 508, in
Pearland, Brazoria County, Texas; said twenty foot strip being the South
one-half of a certain forty foot road heretofore dedicated by map for the
use and benefit of the public and the City Council of said City has deter-
mined that it would be impractical to use said strip for a roadway or a
public thoroughfare and that it would be to the best interest and general
welfare of the citizens of Pearland, Texas, if said strip were abandoned
and acquisition made of a more suitable right of way easement for the
use and benefit of the public and as a public thoroughfare.
SECTION 2:
The City Council has determined that a right of way should be
obtained in Section 2, ACH&B RR Survey, Abstract 507, and being the
same property owned by W. D. Haden Company, and fully described in
Volume 904, page 673 of the Deed Records of Brazoria County, Texas,
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and has had said property surveyed by- the City Engineer and has determined
that the acquisition of this tract would better serve the public and the people
of the City of Pearland.
SECTION 3:
The owner of said property being W. D. Haden Company, has been
contacted and has agreed to execute a Right of Way Easement to said City
of Pearland, in consideration of the execution of a Quitclaim Deed by said
City to the twenty foot strip being abandoned as a public thoroughfare and
that for all practical purposes, said twenty foot strip shall cease and deter-
mine as a public thoroughfare and that said City will have no further right,
title or interest therein.
SEC 1'1ON 4:
The Mayor of the City of Pearland is authorized to execute on behalf
of said City a Quitclaim Deed to W. D. Haden Company conveying all right,
title and interest in said twenty foot strip without warranty on the part of
the City in consideration of the execution of a right of way easement by the
said W. D. Haden Company to the City of Pearland, on the tract of land
last above described.
SECTION 5:
The fact that there does not now exist in the City of Pearland a suit-
able right of way for the purposes of said City and that there is an immediate
need for the acquisition of such property by said City creates an imperative
public necessity and the rule requiring that such Ordinance be read on three
separate meetings be, and the same is hereby suspended and this Ordinance
shall take effect and be in full force and effect from and after its passage
and adoption and it is so enacted.
PASSED AND APPROVED on this the a / day of DECEMBER,
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A. D. 1965.
(Corp. Seal)
ATTEST:
W. A. McClellan, City Secretary
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CITY OF PEARLAND, TEXAS
By:
lbhn G. Kegley, '1VZayor