Ord. 1125 08-25-03ORDINANCE NO. 1125
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ABANDONING A CERTAIN SIXTY FOOT (60')
WIDE RIGHT OF WAY LOCATED BETWEEN LOT $, BLOCK 4 AND
BLOCK 5 OF THE AIR PORT SITES SUBDIVISION IN THE H.T. &
B.R.R. CO. SURVEY, ABSTRACT 239, 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 a
certain sixty foot right of way described in Exhibit "A", attached hereto and made a part
hereof for all purposes, and generally located in the Air Port Sites Subdivision; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The City Council finds and determines that public convenience and
necessity does not require retention of said sixty-foot (60') wide right of way.
Section 2. That said right of way located in the Air Port Sites Subdivision,
evidenced by Exhibit "A", is hereby ABANDONED by the City of Pearland.
Section 3. That the Mayor or his designee is hereby authorized to execute and
the City Secretary to attest all documents necessary to give effect to this Ordinance.
Section 4. 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 5. Abandonment of the right of way is contingent upon the execution
of the Waiver and Release of Liability attached hereto as Exhibit "B", by the petitioner(s)
requesting abandonment.
Section 6. Abandonment of the right of way is also contingent upon the
execution of any required easements, by the property owner, to the city or Brazoria
Drainage District No. 4.
ORDINANCE NO. 1125
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 the City's
receipt of compensation equal to the fair market value of the property abandoned
PASSED and APPROVED ON FIRST READING this the 111;h day of
Auqust , A. D., 2003. ~
TOM REID
MAYOR
ATTEST:
ygU-NC~~ TR'MC
C(.~rI-y S~ECRETARY
PASSED and APPROVED ON SECOND AND FINAL READING this the 25th
day of Au§ust , A. D., 2003.
TOM REID
MAYOR
ORDINANCE NO. 1125
ATTEST: /,?
¢¢R'Y SE~CRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
B. iL
I
SEGOND
I0
EXHIBIT
t~j /'~ '1
' . AIR PORT SIT. ES f-~
' "": '""'" '. ".~';" ..... ~"~'i.;!:" ,:. ':. ':.?:!,'::'i:':."'. :,i A SUBDIVIStON OF TRAG~ ~8'.-,-~MqO PART
239;' BRAZ~iA CoUNTy, TE~XAS. "
' JUNE I~, 1948 ~:
SS MY HAND AND SEAL OF OFFIGE THIS 17 TH
1948 . . . .' ..~. ..;o
TI, NB MAP 14~ ~EII AE~UOED. OSf OAMINIO 80dd. L
From;
Jose E. Guillen
3909 3ra Street
Pearland, TX 77581
July 8, 2003
To;
City Council
City of Pearland
Pearland, TX
Letter of Petition
Dear City Council of the City of Pearland,
I, Jose E. Guillen property owner of Lot 5 of Block 4 located on 3~d Street in
Pearland, petition the City Council of Pearland to abandon a street or, alley located on 3ra
Street in Pearland. This piece of property is between Block 4, Lot 5, and Block 5. 3ra
Street is to the north and Mary's Creek to the south. (See plot plan). I grew up on lot 4 of
block 4 where to this date my parents still live. The City of Pearland has had this vacant
piece of property for well over 40 years, and has never made any improvements. Family
and I have for the last 10 or so years have moved and kept it clean. There has never been
and access to this property. It is my belief that the City of Pearland will never use this
property because of its size and location. This is an old neighborhood and would ask you
City Council to please abandon this property to me, so that I can make improvements.