Ord. 0178 1969-07-10ORDINANCE NO. 6
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, RECEIVING AND
ANNEXING AS A PART OF SAID CITY OF PEARLAND, TEXAS, THE
FOLLOWING INHABITATED TERRITORY 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 . ..4 day of . —r 11 -- ', A.D. ,
7.
1969, there was filed with the Mayor of the City of Pearland, Texas,
the following instrument:
THE STATE OF TEXAS II
COUNTY OF BRAZORIA
PETITION FOR ANNEXATION
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS:
WE, the undersigned, RALPH A. WEMHOFF and wife, VIRGINIA R.
WEMHOFF, being the sole and only qualified voters residing on the land
hereinafter described, and which is located and situated immediately
adjacent and contiguous to the present corporate city limits of the
City of Pearland, Brazoria County, Texas, do hereby petition and request
that the Honorable Mayor and City Council of the City of Pearland to
extend the present corporate city limits so as to include as a part
of the City of Pearland, Brazoria County, Texas, the following described
premises, to -wit,
All that tract of land, lying and being situated in the County
of Brazoria, State of Texas, described in Petitioner's "Exhibit A"
attached hereto and made a part hereof for all purposes, to which ref-
erence is here made for a more particular description of said property;
It is the further request and petition of the said RALPH A.
WEMHOFF and wife, VIRGINIA R. WEMHOFF, that the City Council immediately
hear such petition and grant this request and petition, and that there
be an annexation of the lands herein described by the City Council of
the City of Pearland, all in accordance with Article 970, Vernon's
Texas Civil Statutes, and that the said body by appropriate ordinance
receive and annex said territory and premises described in Petitioners
"Exhibit A" as a part of the said City and that thereafter the Petitioners
and any and all future inhabitants of the said premises be invested with
all the rights, privileges and services of other citizens of the said
City of Pearland, and be bound by the acts and ordinances of said City.
We further certify that the above described tract of land, more
particularly described in Petitioner's "Exhibit A" lies solely within
the extra -territorial jurisdiction of and adjacent to the present
boundaries of the City of Pearland, Texas, and that this Petition is
signed and duly acknowledged by each and every owner of said tract or
premises.
This Petition and request executed this 22nd day of May, A.D.,
1969.
/S/ RALPH A. WEMHOFF
RALPH A. WEMHOFF
16519 Shadycrest Drive
Voter Registration'No. 100126
Precinct No. 012
/S/ VIRGINIA R. WEMHOFF
VIRGINIA R. WEMHOFF
16519 Shadycrest Drive
Voter Registration No. 100125
Precinct No. 012.
THE STATE OF TEXAS
COUNTY OF BRAZORIA
Before me, the undersigned authority, on this day personally
appeared RALPH A. WEMHOFF and wife, VIRGINIA R. WEMHOFF, known to me to
be the persons whose names are subscribed to the foregoing instrument
and each acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
Given under my hand and seal of office, this 22nd day of May,
A.D. 1969.
/S/ MARILYN DICKENS
Notary Public in and for
Brazoria County, Texas
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All that certain tract or parcel of land situated in the County of
Brazoria and State of Texas, to -wit:
THE SURFACE OF and an undivided 1/2 interest in the
oil, gas and other minerals in and under Lot No. One
(1) in Block No. Three (3) of Shady Crest Subdivision
in the W. D. C. Hall League, Abstract 70, Brazoria
County, Texas, according to the plat thereof as
recorded in Volume 8 at page 95 of the Plat Records
of Brazoria County, Texas, and being the same land
described in Deed from Paul D. Long et al to
Clarence R. Ayers et ux dated August 29, 1962, and
recorded in Volume 829 at Page 458 of the Deed
Records of Brazoria County, Texas.
Said land is subject to and conveyed subject to the
following:
1. Restrictive Covenants and Conditions covering
said Subdivision recorded in Volume 756 at Page 321
of the Deed Records of Brazoria County, Texas.
2. All easements and rights -of -way as shown on
the plat of said Shady Crest Subdivision, recorded
in Volume 8 at Page 95 of the Plat Records of
Brazoria County, Texas.
PETITIONERS "EXHIBIT A"
SECTION 2: That on the ;4 4 day of ,_.
, A.D. 1969,
D. R. KELLER, 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
I, D. R. KELLER, the duly elected and qualified Mayor of the
City of Pearland, do hereby certify that on the .7L. day of M} ,, ,
y
A.D. 1969, there was filed with me as Mayor of said City, the following:
PETITION FOR ANNEXATION
That an examination of the above described instrument and
petition reveal that an election was held in the therein described
territory adjoining the City of Pearland, Texas, on the , .day of
,S.A; ,_; A.D. 1969, and that the owners petitioned the City of
r
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Pearland, through the City Council 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.
CITY OF PEARLAND, TE IDS
,ATTEST:
By:
Secretary
er,
SECTION 3: And the above mentioned Petition having been filed
with the City Secretary of the City Of Pearland, by D. R. KELLER, the
Mayor thereof, together with his certificate on this the"24 day of
a.,_ A.D. 1969, the City Council of the City of Pearland having
examined the same and having inquired into the facts and circumstances
surrounding all of 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 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 annexation of said territory as a
part of the City of Pearland, Texas.
SECTION 4: That said territory described in said proceedings
lies adjacent and contiguous to the City of Pearland, and does not at
any place extend one-half mile or more in width.
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SECTION 5: 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, hereinabove set out:
THE SURFACE OF and an undivided 1/2 interest in the
oil, gas and other minerals in and under Lot No. One
(1) in Block No. Three (3) of Shady Crest Subdivision
in the W. D. C. Hall League, Abstract 70, Brazoria
County, Texas, according to the plat thereof as
recorded in Volume 8 at page 95 of the Plat Records
of Brazoria County, Texas, and being the same land
described in Deed from Paul D. Long et al to
Clarence R. Ayers et ux dated August 29, 1962, and
recorded in Volume 829 at Page 458 of the Deed
Records of Brazoria County, Texas.
The above described tract being partially located
within the existing corporate limits of the City of
Pearland and a portion lying outside of the said
corporate line of the City of Pearland and this
description is intended and shall be construed to
cover and include the entire tract hereinabove
described by the plat and dedication on the Records
of the City Secretary of the City of Pearland as
being wholly or partially within the said corporate
limits, further intending that the entire tract
owned by Petitioners is sought to be annexed and
become a part of the property located within the
corporate limits of the City of Pearland, Brazoria
County, Texas.
SECTION 6: That said territory and the inhabitants thereof shall here-
after 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, Texas.
SECTION 7: The Corporate Limits of the City of Pearland, are hereby
extended so as to include and there is hereby included within said
Corporate Limits, the above described territory.
SECTION 8: 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 territory were included within the Corporate
Limits of the City of Pearland as originally incorporated.
PASSED on this the /0 day of J Y , 1969.
APPROVED on this the /0 , 1969.
CITY
I ,
BY:
D. fY. K ller, ayor