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Ord. 1132 10-27-03ORDINANCE NO. 1132 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DISCONTINUING AND DISANNEXING CERTAIN TERRITORY FROM THE CITY AND ADJUSTING THE CITY'S BOUNDARIES ACCORDINGLY; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 1.04 of the City Charter, the City desires to discontinue said territory in order that mutual boundaries between the City of Pearland and Brazoria County Municipal Utility District No. 6 may be clearly defined; and WHEREAS, a public hearing was conducted before the City Council on October 13, 2003, at 6:30 p.m., at the Pearland City Hall, 3519 Liberty Drive, Pearland, Texas; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The tract of land described in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby discontinued and disannexed from the City of Pearland, and the boundaries of the City are hereby adjusted accordingly. Section 2. The City Council finds and declares that no bond funds of the City have been spent in the territory and no municipal improvements have been made in said territory. Section 3. 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 4. 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 1 ORDINANCE NO. 1132 shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. Section 6. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 7. Effective Date. This Ordinance shall become effective immediately upon its passage and approval by the City Council. PASSED and APPROVED ON FIRST READING this the l3th October , A. D., 2003. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY day of TOM REID MAYOR 2 ORDINANCE NO. 1132 PASSED and APPROVED ON SECOND AND FINAL READING this the 27th day of October , A. D., 2003. ATTEST: NG N , Y SE ' ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY ) ti-P TOM REID MAYOR 3 ' Sop-12-2003 05:08pm From-WINSTEAD SECHREST AND MINICX 4,7I36502400 T-365 P.006/012 F-2t6 Exhibit 4, Page_1_, of 3 Pages June 11, 2002 Page 1 of 3 County: Brazoria Project: S.H. 288 @ FM 518 Right -of -Way Surplus High way: S.H. 288 R.O.W, 0598-02-001 Tract 2 Property Description Being a 5.1719 acre tract of land located in the T.C.R.R. Co. Survey, Abstract 575 in Brazona. County, Texas; said 5,1719 acre tract being out of a called 36.061 acre tract of land conveyed to the State of Texas and County of Brazoria frorri John M, Shoesley in Volume 1077, Page ;26 of the Brazoria County Deed Records 03.C.D.R.); said 5.1719 acre tract being more particularly described by metes and bounds as follows (all bearings a:c referenced to thc TxDOT Right -of -Way Maps, Sheet Number 6, Account Number 8012-01-30); Commencing at a concrete mbnument found (centerline ittation 412+03,56) on the existing .ast tight-cf-way linc of State Highway 288 (420-feet wide) as recorded in Volume 1077, Page 126 of the B.C.D.R., same being on the west line of a call 44.5342 acre tract of land recorded in the name of Argovitz Interests la Clerk's File Number 95-038845 of the Official Reccrds of Brazoria County (0.R.B.C.) and being the beginning of a curve to the loft Thence, along the existing right-of-way line of said State Highway 288, 33.07 feet along thc arc of said curve to the left, having a central angle of 00 degrees 10 minutes 06 seconds, a radius of 11249.16 feet and a chord bearing and distance of South 02 degrees 55 minutes 23 seconds West, 33,07 feet to a found concrete monument on a, compound curve; Thence, continuing along the existing right-of-way line of said State Highway 288, 198.18 feet a1ong rne atc of said curve to the left, having a central angle of 10 degrees 24 minutes 17 seconds, a radius of 1091.35 feet and a chord bearing and distance of South 02 degrees 21 minutes 48 seconds East, 197.91 fect to a 5/8.inch iron rod with a TxDOT aluminum cap set for the Point of Beginning of the herein described tract of land and being on a curve to the left; Thence, along the existing right-of-way line of said State Highway 288, the following three (3) COLIrSOS: I 865.90 feet along the are of said curve to the left, having a central angle of 45 degrees 27 minutes 34 seconds, a radius of 1091.35 feet and a chord bearing and distance of South 30 degrees 17 minutes 43 seconds Etist, 843.36 feet to a found coricrec% monument and being the point of reverse. curve; ' Sep-12-2003 0509pm From-WINSTEAD SECNREST AND MIN ICK , • +7136502430 T-365 P.003/112 F-253 Exhibit A Pagea2afL Pages Juno , 2002 Page 2 of 3 287.39 feet (call 287.85 feet) along the arc of said curve to the right, having a central angle of 36 degrees 52 minutes 52 seconds, a radius of 44.6.46 feet and a chord bearing and distance of South 34 degrees 37 minutes 11 seconds East, 282.45 feet to a found concrete monument; South 51 degrees 42 minutes 45 seconds Eaat, a distance of 149.32 fact (call South 51 degree's 30 minutes 48 seconds gast, a distance of 148.96 feet) to a found concrete monument; 4_ Thence, along the proposed right-ct-way line of said State Highway 2$8, South 87 degrees 25 minutes 26 seconds West, at a distance of 105.00 feet pass a .5/8-inch iron rodwith TxDot aluminum cap stamped "COA" set for the beginning of a. Control of Access line, and continuing for a total distance of 535,56 feet to a 5/S-inch iron rod with a TxDOT aluminum cap Set for point of curve to the right; Thence, along the proposed right-of-way of said State Highway 288 and said Control of Access line, the following four (4) courses: 5. 78,19 feet along the arc of said curve co the right, having a eentral angle of 89 degrees 3(5 minutes 15 seconds, a radius of 50,00 feet and a chord bearing and distance of North 4'7 degrees 46 minutes 26 seconds West, 70.4"7 feet to a 5/8-inch iron rod with a TxDOT aluminum cap set; 6, North 02 degrees 58 minutes 19 seconds West, a distance of 137.86 feet to a 5/8-inch iron rod with a TxDOT aluminum cap set for point of curve to the left; 7, 240.73 feet along the arc of said curve to the left, having a central angle of 04 degrees 35 minutes, 37 seconds, a radius of 3002.60 feet and a chord hearing and distance of North OS degrees 16 minutes 07 seconds West, 240.67 feet to a 5/8-inch iron rod with a TxDOT aluminum dap set; North 07 degrees 33 minutes 56 seconds West, a distance of 658.27 feet to end of said Control of Access line, same being the Point of Beginning and containing 5.1719 acres of land. C.I. No. 1204-01 (/ F ria ,c,115 , , / '`'' '4`v,-a" "iiiiiik 6: '''''''" iioiid • .0„,h,...5,83 iyi, .,.....• Sep-12-2003 05:06pm Frcm-WINSTEAD SECHREST AND MINICK +7136502400 T-365 P.010/012 F-256 T10N 14401'61 425t©0 415400 414 NtY1137.,00 I H6Rg8T cEgRrwFv PRAT Th7S PLAT rs NOD ON AN DN THE CROUMO SUAvEY NAVE UNOLU MT SUPERYIsION AND. r0 no. 6CST OF MY RNQxiS008. IS TRIJE AMC CORRECT. M4 I: O. AR ReGISTRATION S363 --FOUND 7" IRON PIPE NCALL ORT14b't3T CxOxRNErGOVI TZT'4'RRW? E JNEST$$ ARS, L YO. c.F. NO.25-C30047 A.M. CALL 44.530 ACRES ARO C. F 0712 C. HO,, D5- INTIRD30%4LTD. 'a. L•m45. C766' CS=1SoV E0 23 "W CD•33.07 L.498.1, 4 10'24 57' .011.35 �,z n181.31,44et 4tio Vy SO'NOUSTLIM PIPE LINE CO MT. foL•0518.1r PC.831. 0•R 8•� 01;734' R�1 Cty�.3S cp�4o 117' 43'£ EX>:ST TNG R I OHT-0F •iIAY L 10E STATE OF TfrXAS FROM JOHN N. SNEESLI V01.,7077, PG.126 FRP CCrN. 7' 29' 20'0 530• - 1BEGIN Ot411 . OF ACCSS 4 NE o ".--------�` am l 4 (9T S/a-INCH 1FtON-ROr- S 1434'15• Ci.PNSTcOO1 Av1MIVM v orb, asp 11 11 11 1 1 11 VW 600 II 11pw=.4�'{OTO ICALL'28T.B« FBET) 11�44f04t62 11 ff e.411eST111'><1 i Y 1/ rilsI II (C4t.l, S$1.30'i8"E 185.9E ) NIC'401O7° tC4L.L Nd6.45'31'n 08.14 ' N♦POON, MON, FM 6L8 illy ACCESS 13 Alos181T80 ALIN0 CONYPtL nF ACCgt$ LING. 54 SEBeNUAGER 6. ACC44NTNNUNDER 012-04-70RION7 {jF,1YA/ NAPS. © Narer a INCH IRON Rao w(TH T407 Au1NINLM c4P UNLEsa aTlitPwsse ------- —_--- __ -- SYEETOF .3 Costello, Inc. SNGINETHI11C AND SURVEYING 009C R1C11 N), AV$., SUITE 460 NORTH RIM -WAG HOUSTON,TSXAS 77042 PLAT of TRACT 2 STATE H f SHWA lr ZOC BRAZD !A COUNTY. TEXAS JUJNE 11. 2002 CSJ NO. O59�8-02-'001 SCAt E: t = 300' Sep-12-2003 05:07pm From-WINSTEAD SECNREST AND MINICK t'136502400 T-365 P.005/012 F-256 '02 e4710'1 1 L STATE OF TEXAS COUNTY OF BRAZORIA, f7 ? QUITCLAIM DEED WHEREAS, in the City of Pcarland, ERA.ZOR,IA COUNTY, Texas, on STATE HIGHWAY 288, the State of Texas acquired certain Land needed for highway purposes by Agreed Judgment recorded in Volume 1077, Page 126, Deed Records of Brazoria County, Taxes; and WHEREAS, a portion of the land is no longer needed for highway or public transportation purposes, said surplus land being more particularly described in Exhibit A. attached hereto and made a part hereof; and WHEREAS, in Accordance with V,T.C.A., Transportation Code, Chapter 202, Subchapter B, the Texas Transportation Commission may recommend the sale of' surplus right of way to the abutting landowner; and WHEREAS, Argavitz Interests, Ltd., a Texas limited partnership, is the abutting landowner and has requested that the surplus Iand be sold to the partnership for $1,/26,440.00; and WHEREAS, the Texas Transportation Commission has determined S1,126,440.00 to be a fair and reasonable value of the State's rights, titre and interest in said surplus land and at its meeting on June 27, 2002, as shown by the official minutes of the Texas Transportation Commiasinrt, passed Minute No. 1011954 recommending subject to approval by the Attorney General, that the Governor of Texas execute a proper instrument conveying to ARGOVITZ INTERESTS, LTD., A TEXAS LIMITED PARTNERSHIP all. of the State's rights, title and interest in the surplus land for a cash consideration of ONE MILLION ONE HUNDRED TWENTY-SIX THOUSAND FOUR HUNDRED FORTY AND NO/100 DOLLARS (S1,126,440.00), as authorized by V.T,C.A., Transportation Code; Chapter 202, Subchapter B; NOW, THEREFORE, 1, RICK PERRY, GOVERNOR OFF THE STATE OF TEXAs, by virtue of the power vested in me by law and in accordance with the laws of the State of Texas, for and in consideration of the sums of ONE MILLION ONE FRJNDRBD TWENTY'.S.iX THOUSAND FOUR HUNDRED FORTY AND NO/100 DOLLARS (S1,1.26,440.00), to the Sure of Texas paid by grantee, the receipt and sufficiency of which is hereby acknowledged and confessed and for which no Iicn is retained, either express or implied, have RELEASED, R.EMiS.ED and QUITCT,AIMED and do by these presents RELEASE, REMISE and QUITCLAIM unto ARGOVTTZ INTERESTS, LTD., A TEXAS LIMITED PARTNERSHIP all of the State% rights, title and interest in that certain tract or parcel of land situated in Brazoria County, Texas, which is more particularly described in Exhibit A; SAVE AND EXCEPT, however, there is excepted and reserved herefrom all of the State's rights, titles and interests, if any, in and to all of the oil, gas, sulphur and other minerals, of every kind and character, in, on, under and that may be produced from the surplus land. Access to the highway facility from the land will not be permitted as shown on Exhibit A. ' Sep-12-2003 05:06pm Fro-WINSTEAD SECHREST AND MINICK +7136502400 T-365 P.006/012 F-256 This quitclaim is made subject to the continued rights of existing utilities, if any, as provided by law, and any required adjustment will be at no cost to the State_ In addition, this quitclaim is subject to all matters of public record and to all easements, leases, agreements or licenses, or other interests which affect the property, and to any matter which would be disclosed by title examination, survey, investigation or inquiry, including but net limited to the rights of parties in possession. THIS QUITCLAIM OF T'KE PROPERTY IS MADE ON AN "AS IS" BASIS, WITH ALL FAULTS AND WJTH ANY AND ALL LATENT AND PATENT DEFECTS. BY ACCEPTANCE HEREOF, GRANTEE ACKNOWLEDGES THAT GRANTEE HAS NOT RELIED UPON ANY COVENANT, REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, EXPRESS OR IMPLIED, BY GRANTOR OR BY ANY REPRESENTATIVE OF GRANTOR WITH RESPECT TO TIC PROPERTY, ANU THAT NEITHER GRANTOR NOR ANY REPRESENTATIVE OF GRANTOR HAS MADE A.NY COVENANT, REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, EXPRESS OR IMPLIED, OF MER.C.H,bNTAB1ILITY, MARKETABILITY, PHYSICAL CONDITION, PRESENCE OF HAZARDOUS MATERIALS, VALUATION, UTILITY, lFTINESS FOR A PARTICULAR PURPOSE OR OTELERWISE. GRANTEE ACKNOWLEDGES AND AGREES TaAI GRANTEE HAS INSPECTED THE PROPERTY AND THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PROPERTY AND ACCEPTS QUITCLAIM TO THE PROPERTY "AS IS" IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION AND THAT GRANTEE IS RELYING ON GRANTEE'S OWN EXAMINATION OF THE PROPERTY. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in any wise belonging unto said Axgevitz Interests, Ltd., a Texas limited partnership, its 1:uCcessors and assigns forever, ' Sop-12-2003 06:0apm From-WINSTEAD SECHREST AND MINICK +71450240;1 T-365 P.007/012 F-2E3 IN TESTIMONY Nr1*.LREOF, I have caused the Seal of the State to be affixed. Executed this the Znige3;` day of 111 Attest; Gwyn Shea Secretary of State 3 iee , 2002. RICK POW GOVERNOR OP Mal Recorrunr.nded for Approv Michael W. Behrens, P E. Executive Director Approved: John Ccrnyn Attorney General ack McG Assistant Ate era! 11:6 ■ {i U .-1, V !i i9kLis 1 F%kJLP L f lL, l ` Y1 II di IN The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties ti I, Randy Emmons, hereby certify that the notice hereby appended was pf blished in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for " issues; as follows: No. / Date o C.f ' 20 a 3 No Date 20 No. Date .20 No Date 20 No. Date 20 Subscribe and sworn to before me this 20 b3 Z� f- day of c,c* • • Notary Public, State of Texas DAD, Am. // Published Oct. 1, 2003 NOTICE OF PUBLIC HEARING OF THE CITY OF PEARLAND Notice is hereby given that on the 13th day of October, 2003, at 6:30 p.m., the City Council of the City of Pearland, Brazoria, Fort Bend, and Harris Counties, Texas, will conduct a Public Hearing in the Council ` Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas, to gather public com- ' ment and testimony regard- ing the disannexation of a tract of land containing 5.1719 acres of land located in the T.C.R.R. Co. Survey, Abstract 675 in Brazoria '.County, Texas. At said hearing all interested parties shall have the right i and opportunity to appear and be heard on the subject. Is/ Young Lorfing, TRMC City Secretary This.site is.accessible to dis- abled individuals. For special assistance, please.cail Young.. `Lorfing at 281.652.1'655,prior to the meeting so that appro- priate arrangements can be . ; made.