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Ord. 0904 05-10-99ORDINANCE NO. 904 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, VACATING, CLOSING, AND ABANDONING A CERTAIN SEVENTY FOOT (70') WIDE UNCONSTRUCTED ROAD RIGHT-OF-WAY LOCATED BETWEEN THE GREENWOOD AND McGINNIS SUBDIVISIONS, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS, IN ACCORDANCE WITH ORDINANCE NO. 788; 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, pursuant to Ordinance No. 788, to abandon a certain unconstructed road right-of-way specifically described by metes and bounds in Exhibit "A," attached hereto and made a part hereof for all purposes, and generally located between the Greenwood and McGinnis subdivisions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City Council finds and determines that there has been compliance with the terms of Ordinance No. 788, which establishes a procedure for abandoning public rights -of -way and that public convenience and necessity does not require retention of said seventy foot (70') wide unconstructed road right-of-way. Section 2. That said unconstructed road right-of-way located between the Greenwood and McGinnis subdivisions, evidenced by Exhibit "A," is hereby VACATED, CLOSED, and ABANDONED by the City of Pearland. Section 3. This abandonment is effective only to the extent of the encroachment generally described herein and depicted in Exhibit "A." 1 ORDINANCE NO. 904 Section 4. This abandonment is further effective only upon the execution of the Waiver and Release forms attached hereto as Exhibits "B" and "C" and incorporated herein for all purposes. Section 5. That the Mayor is hereby authorized to execute and the City Secretary to attest all documents necessary to give effect to this Ordinance. Section 6. That the administrative expenses associated with said abandonment shall be paid by Petitioners. Section 7. 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 8. 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 9. 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 10. Effective Date. This Ordinance shall become effective upon passage and approval of its second reading. 2 ORDINANCE NO. 904 PASSED and APPROVED ON FIRST READING this the � h day of , A. D., 1999. TOM REID MAYOR ATTEST: PASSED and APPROVED ON SECOND AND FINAL READING this the day of (nay , A. D., 1999. APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY -za, TOM REID MAYOR 3 Exhibit Page ___1 of 3 Page County: Brazoria Project: Greenwood G.B.I. No.: 991052 Job Number: 981035 FIELD NOTES FOR 0.3740 ACRES Being a tract of land containing 0.3740 acre, located in the W.D.C. Hall League, Abstract 70, in Brazoria County, Texas; Said 0.3740 acre tract being a portion of called Dixie Farm Road (70- feet width) that lies between Greenwood, a 8.1842 acre subdivision recorded in Volume 19, Pages 223 and 224 of the Brazoria County Plat Records (B.C.P.R.) and McGinnis Subdivision as recorded in volume 8, pages 7 and 8 of the B.C.P.R.; Said 0.3740 acre being more particularly described by metes and bounds as follows (Bearings are based on the recorded plat of said Greenwood): Commencing at a 5/8 inch iron rod found at the most northerly southwest corner of Reserve "B", as shown in said Greenwood, said iron rod also being on the southeasterly Right -of -Way (R.O.W.) line of aforesaid Dixie Farm Road; Thence, with the northwesterly line of said Reserve "B" and said southeasterly R.O.W. line of Dixie Farm Road, North 45 degrees 00 minutes 27 seconds East, a distance of 127.76 feet to the intersection of said southeasterly R.O.W. line of Dixie Farm Road and the extension of the northeasterly R.O.W. line of Willits Drive (60-feet width), as shown in said McGinnis Subdivision;; Thence, with said northeasterly extension of Willits Drive, North 44 degrees 59 minutes 33 seconds West, a distance of 35.00 feet to a 5/8-inch iron rod set for the Point of Beginning of the herein described tract of land; Thence, continuing with said extension, North 44 degrees 59 minutes 33 seconds West, a distance of 35.00 feet to a 1/2-inch iron found at the most southerly corner of lot 5, Block 3 of said McGinnis Subdivision; Thence, with the southeasterly line of said lot 5, North 45 degrees 00 minutes 27 seconds East, at a distance of 377.14 feet pass a 5/8-inch iron set for a witness comer, in all a distance of 469.30 feet to the northerly line of a 90-feet drainage easement recorded in volume 531, page 209 of the Brazoria County Deed Records and as shown in said Greenwood; Thence, with said northerly easement line, South 32 degrees 33 minutes 04 seconds East, a distance of 35.84; Exhibit Page 2 of 3 Page Thence, South 45 degrees 00 minutes 27 seconds West, at a distance of 92.16 feet pass a 5/8-inch iron rod set for a witness corner, in all a distance of 461.58 feet to the Point of Beginning and containing 0.3740 acres of land. GENE BAKER, INC. Ph: (713) 413-1900 Date: May 17, 1999 981035 EXHIBIT PAGE 3 OF' 3 PAGES I/ / LOT 5 BLOCK 3 / McGINNIS SUBDIVISION / VOL. 8. PG. 7.8 / B.C.P.R. WOOD FENCE /K / sss B 0 6, $ >k\ o� �F / `\\ s / \ \ 96' / •\ / \ // `\\ / \\\ SET %'/R / `\\ \ \ / '0.3740 // //\ / / / CZ \� / A. /�`4 R c,9FF //r WATERS EDGE J 90' D.E. VOL. 531, PG. 209 B.C.D.R. _�" . � i i 11 N 1 � �..D,X,. PARMG. opODo.a (vet,132 a. i EXHIBIT OF 0.3740 ACRE BEING OUT OF THE W.D.C. HALL LEAGUE, ABSTRACT 70 BRAZORIA COUNTY, TEXAS GENE BAKER, INC. PROFESSIONAL LAND SURVEYING 14705 PARK ALMEDA - HOUSTON. TX 77047 PHN: (713) 413-1900 FAX: (713) 413-1944 DATE: MAY 17. 1999 SCALE: 1"= 100' JOB NO.: 981035 DGN: WAIVER AND RELEASE OF LIABILITY THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZORIA That We, Ronald Patridge and Susan Patridge, the undersigned, in consideration for the City of Pearland's abandonment of the seventy foot (70') road right-of-way located between the Greenwood and McGinnis subdivisions, within the corporate city limits of Pearland, Brazoria County, Texas, and in accordance with City of Pearland Ordinance No. 788, do hereby release the City of Pearland, including but not limited to its officers, agents, and employees, in both their public and private capacities, from and against any and all claims that the undersigned holds or may claim due to the abandonment. It is further agreed that the execution of this Release shall not constitute a waiver by the City of Pearland, of the defense of governmental immunity where applicable or any other defense recognized by the courts of this state. SIGNED this /8 day of / ,., e , 19 f9 . Ronald Patridge usan Patridge Page 1 of 2 THE STATE OF TEXAS COUNTY OF BRAZORIA BEFORE ME, the undersigned Notary Public, on this day personally appeared Ronald Patridge, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS he DAY OF , A.D., 19 vq . NOTARY PUBLIC IN STATE OF TEXAS Printed Name: My Commissio THE STATE OF TEXAS § COUNTY OF BRAZORIA § (14 irf Aesoo^ CLARICE L. JOHNSON NOTARY PUBLIC STATE OF TEXAS My Comm. Exp: 03-13.2001 BEFORE ME, the undersigned Notary Public, on this day personally appeared Susan Patridge, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS /7 DAY OF , A.D., 19 *kik. NITA CHRISTIAN , NOTARY PUBLIC State of Texas Comm. Exp. 05-20-2001 4,09 NOTARY P : LIC IN ' ND FOR THE STATE OF EXAS Printed ame: My Commission Expires: Page 2 of 2 Exhibit Page —L of 2 Page County: Brazoria Project: Greenwood G.B.I. No.: 991051 Job Number: 981035 FIELD NOTES FOR 0.2937 ACRES Being a tract of land containing 0.2937 acres, located in the W.D.C. Hall League, Abstract 70, in Brazoria County, Texas; Said 0.2937 acre tract being a portion of called Dixie Farm Road (70- feet width) that lies between Greenwood, a 8.1842 acre subdivision recorded in Volume 19, Pages 223 and 224 of the Brazoria County Plat Records (B.C.P.R.) and McGinnis Subdivision as recorded in volume 8, pages 7 and 8 of the B.C.P.R.; Said 0.2937 acre being more particularly described by metes and bounds as follows (Bearings are based on the recorded plat of said Greenwood): Commencing at a 5/8 inch iron rod found at the most northerly southwest corner of Reserve "B", as shown in said Greenwood, said iron rod also being on the southeasterly Right -of -Way (R.O.W.) line of aforesaid Dixie Farm Road; Thence, with the northwesterly line of said Reserve "B" and said southeasterly R.O.W. line of Dixie Farm Road, North 45 degrees 00 minutes 27 seconds East, a distance of 127.76 feet to the intersection of said southeasterly R.O.W. line of Dixie Farm Road and the extension of the northeasterly R.O.W. line of Willits Drive (60-feet width), as shown in said McGinnis Subdivision, said intersection being the Point of Beginning of the herein described tract of land; Thence, with said northeasterly extension of Willits Drive, North 44 degrees 59 minutes 33 seconds West, a distance of 35.00 feet to a 5/8-inch iron rod set; Thence, North 45 degrees 00 minutes 27 seconds East, a distance of 369.42 feet to the southerly line of a 90-feet drainage easement recorded in volume 531, page 209 of the Brazoria County Deed Records and as shown in said Greenwood; Thence, with said southerly easement line, South 32 degrees 33 minutes 04 seconds East, a distance of 35.84 feet to a 5/8-inch iron rod found at the northwest corner of aforesaid Restricted Reserve "B"; Thence, with the northwesterly line of said Restricted Reserve "B", South 45 degrees 00 minutes 27 seconds West, a distance of 361.70 feet to the Point of Beginning and containing 0.2937 acre of land. GENE BAKER, INC. Ph: (713) 413-1900 May 17, 1999 981035 EUGENC R. E3fiKEt Fa 2• //- / / EXHIBIT PAGE 2 OF 2 PAGES GO \ // •SSS \\`\\'/ B 06 'O %\\ pc • \ / / \ // /i \\\\ • �6 y'\✓, /,C' / \\\ / / �FqR // ;\ // ( c�'F // \\\ �\ \ /\ F/r / / LOT 5 BLOCK 3 McGINNIS SUBDIVISION VOL. 8. PG. 7.8 B. C. P. R. SWALE / FND WOOD FENCE / / / / N 1 i • PpRMo A�o.t�•) - �V01.• 1324 WATERS EDGE EXHIBIT OF 0.2937 ACRE 90' D.E. VOL. 531. PG. 209 B.C. D.R. BEING OUT OF THE W.D.C. HALL LEAGUE, ABSTRACT 70 BRAZORIA COUNTY, TEXAS GENE BAKER, INC. PROFESSIONAL LAND SURVEYING 14705 PARK ALMEDA - HOUSTON. TX 77047 PHN: (713) 413-1900 FAX: (713) 413-1944 DATE: MAY 17. 1999 SCALE: 1"= 100' JOB NO.: 981035 �Cv: WAIVER AND RELEASE OF LIABILITY THE STATE OF TEXAS COUNTY OF BRAZORIA § § KNOW ALL MEN BY THESE PRESENTS: § That Greenwood Development, Inc., by and through its President, W. F. Mitchell, the undersigned, in consideration for the City of Pearland's abandonment of the seventy foot (70') road right-of-way located between the Greenwood and McGinnis subdivisions, within the corporate city limits of Pearland, Brazoria County, Texas, and in accordance with City of Pearland Ordinance No. 788, does hereby release the City of Pearland, including but not limited to its officers, agents, and employees, in both their public and private capacities, from and against any and all claims that the undersigned holds or may claim due to the abandonment. It is further agreed that the execution of this Release shall not constitute a waiver by the City of Pearland, of the defense of governmental immunity where applicable or any other defense recognized by the courts of this state. SIGNED this /'"day of /1 y , 19 77. GREENWOOD DEVELOPMENT, INC. By: W. F. Mitchell President Page 1 of 2 THE STATE OF TEXAS COUNTY OF BRAZORIA BEFORE ME, the undersigned Notary Public, on this day personally appeared W. F. Mitchell, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS / / DAY OF A.D., 19 /1 . NITA CHRISTIAN NOTARY PUBLIC State of Texas Comm. Exp. 05-204001 NOTARY P BLIC IN A ND FOR THE STATE OTEXAS Print Name: tm- 5 My Commission Expires: /� _ ©� eZ517 Page 2 of 2 " Exhibit A Page 1 of 1 Page County: Brazoria Project: Greenwood G.B.I. No.: 981073 Job Number: 981035 FIELD NOTES FOR 0.7418 ACRES Being a tract of land containing 0.7418 acres, more or less, located in the W.D.C. Hall League, Abstract 70, in Brazoria County, Texas; Said 0.7418 acre tract being a portion of called Dixie Farm Road (70-feet width) that lies between Greenwood, a 8.1842 acre subdivision recorded in Volume 19, Pages 223 and 224 of the Brazoria County Plat Records (B.C.P.R.) and McGinnis Subdivision as recorded in volume 8, pages 7 and 8 of the B.C.P.R.; Said 0.7418 acre being more particularly described by metes and bounds as follows (Bearings are based on the recorded plat of said Greenwood): Commencing at a 5/8 inch iron rod found at the most northerly southwest corner of Reserve "B", as shown in said Greenwood, said iron rod also being on the southeasterly Right -of -Way (R.O.W.) line of aforesaid Dixie Farm Road; Thence, with the northwesterly line of said Reserve "B" and said southeasterly R.O.W. line of Dixie Farm Road, North 45 degrees 00 minutes 27 seconds East, a distance of 127.76 feet to the intersection of said southeasterly R.O.W. line of Dixie Farm Road and the extension of the northeasterly R.O.W. line of Willits Drive (60-feet width), as shown in said McGinnis Subdivision, said intersection being the Point of Beginning of the herein described tract of land; Thence, with said northeasterly extension of Willits Drive, North 44 degrees 59 minutes 33 seconds West, a distance of 70.00 feet to a 1/2-inch iron rod found at the most southerly corner of lot 5, Block 3 of said McGinnis Subdivision; Thence, with the northwesterly R.O.W. line of said Dixie Farm Road and the southeasterly line of said lot 5, North 45 degrees 00 minutes 27 seconds East, a distance of 469.30 feet to the northerly line of a 90-feet drainage easement recorded in volume 531, page 209 of the Brazoria County Deed Records and as shown in said Greenwood; Thence, with said northerly easement line, South 32 degrees 33 minutes 04 seconds East, a distance of 71.68 feet; Thence, South 45 degrees 00 minutes 27 seconds West, at a distance of 92.16 feet pass a 5/8-inch iron rod found at the most northerly corner of said Reserve "B", and continuing with the northwesterly line of said Reserve "B", in all a distance of 453.86 feet to the Point of Beginning and containing 0.7418 acres of land, more or less. GENE BAKER, INC. Ph: (281) 331-6066 September 17, 1998 981073 FND GO / �. \ \ / O SOSS. \\ / \ . // \\\\ / \\ LOT 5 BLOCK 3 McGINNIS SUBDIVISION VOL. 8. PG. 7.8 B.C.P.R. W00D FENCE 9 s WAS. VOW. ROO . ?G• tVOt• 13A2 10 / 0.7418 ACRE,' — WATERS EDGE 90' D.E. VOL. 531. PG. 209 B.C.D.R. EXHIBIT OF 0.7418 ACRE BEING OUT OF THE W.D.C. HALL LEAGUE, ABSTRACT 70 BRAZORIA COUNTY, TEXAS GENE BAKER, INC. PROFESSIONAL LAND SURVEYING 4300 MANDALE SUITE 200 A L VIN, TX. 77511 DATE: SEPT. 17. 1998 SCALE: 1"= 100' JOB NO.: 981035 DON: AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for r issues, as follows: No. / Date 7' / 19 No Date 19 No. Date 19 No. Date 19 No. Date 19 President Subscribe and sworn to before me this day of 4-pi/a 19 -f1 ti• :.'a- ems. LA RA EMMONS N,Thr, Pub • exas t . 1 Y t A iIV n ublisher Notary Public, State of Texas e` E. ._PO ;, I -H ING-ON` THE —ABANDON= 'MENT OF UNUSED DEDI- *DATED ROAD. RIGHT -OF- .Y'\ WAY 11The City Council of the City of ',Pearland, Texas, will hold a 1 docketed Public Hearing on E 'the abandonment of unused idedicated road right-of-way; +`.bging approximately 0.7418 re, ted in thW.D.0 'Hall Leagueloca, Abstracte 70, in. acBrazsoria, County, Texas, and being a portion called Dixie Farm Road thatlies between Greenwood and McGinnis Srbdivision, at 6:30 p.m. on ,April 26, 1999, in the Council 1ambers, City Hall, 3519 '' Liberty Drive, Pearland, ,1„, Texas. ng Lorfing ary