Ord. 0491 05-28-85ORDINANCE NO. 491
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS
ABANDONING, VACATING AND RELINQUISHING A
DEDICATED PUBLIC STREET RIGHT-OF-WAY LOCATED
IN SECTION 12, H.T. & B.R.R. CO. SURVEY,
A-508, BRAZORIA COUNTY, TEXAS, SAME BEING
FOR PEARLAND SITES ROAD SOUTH OF MAGNOLIA
ROAD.
WHEREAS, on or about the 19th day of March, 1985
Beau -Bay Development Corporation, Elliott Cage, Jr., and Mrs.
Chaille Cage Thompson, requested in writing that the City of
Pearland, Texas abandon a dedicated public street right-of-way
for Pearland Sites Road south of
way being located in Section 12,
Brazoria County, Texas, the same
described by metes and bounds on
Magnolia Road, said right-of-
H.T. & B.R.R Co. Survey, A-508,
being more particularly
the attached Exhibits "A" and
"B", incorporated herein by reference; and,
WHEREAS, no public utilities will be adversely affected
by such abandonment; and,
WHEREAS, the City Council deems that it is in the
public interest to abandon, vacate and relinquish said right-of-way,
there being no public purpose or need for the same;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS:
Section 1.
The City of Pearland, Texas does hereby in all things
ABANDON, VACATE, RELINQUISH any and all rights heretofore held
by it in the dedicated public street right-of-way described by
metes and bounds in the attached Exhibits "A" and "B",
incorporated herein by reference, the same being in, upon, over
and across property located in Section 12, H.T. & B.R.R. Co.
Survey A-508, Pearland, Brazoria County, Texas.
Section 2.
The Mayor of the City of Pearland, Texas is hereby
authorized to execute any and all documents in order to effect
and evidence the abandonment, vacation and relinquishment of the
aforesaid public street right-of-way.
Section 3.
All Ordinances and parts of Ordinances in conflict
herewith are hereby repealed, but only to the extent of such
conflict.
Section 4.
If any section, subsection, sentence, clause, phrase,
or portionof this Ordinance is for any reason held invalid or
unconstitutional 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 5.
It is the intent of the City Council of the City of
Pearland, Texas that this Ordinance shall not be codified in
the City Code of Ordinances.
Section 6.
This being an Ordinance not requiring publication, the
same shall be in force and effect from and after its second and
final reading and passage thereof.
PASSED AND APPROVED ON FIRST READING this the 13
day of
Mayor, City of Pearland, Texas
ATTEST:
Citycretary
PASSED AND APPROVED ON SECOND AND FINAL READING this
the 22 day of
Mayor, City of Pearland, Texas
ATTEST:
City S2'cretary
APPROVED AS TO FORM:
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION
0.1295 ACRE TRACT
BEING PART OF THE
NE 14 OF THE NW 14 OF SECTION 12
H. T. & B. R. R. CO. SURVEY, A-508
BRAZORIA COUNTY, TEXAS
Being a 0.1295 acre tract located in the NE 'Z of the NW 14 of Section 12, H. T.
& B. R. R. Company, Survey, A-508, Brazoria County, Texas; which is more particularly
described by metes and bounds as follows;
Commencing at a 1/2 inch iron rod found for the point of intersection of the
South right-of-way line of Magnolia Road and the East right-of-way line of Pearland
Sites Road (based on a width of 70.00 feet); said corner being the Northwest corner
of a 0.5554 acre tract (Call 0.5530 acre) according to the survey performed by F.
G. Akers on August 8, 1984.
Thence, East; coincident with the South right-of-way line of Magnolia Road;
a distance of 161.77 feet to a 1/2 inch iron rod found for the Northeast corner of
the 0.5554 acre tract.
Thence, S 0° 00' 30" E; coincident with the East boundary line of the afore-
mentioned 0.5554 acre tract; a distance of 27.73 feet to the Northwest corner of
this 0.1295 and the POINT OF BEGINNING.
Thence, East, a distance of 20.00 feet to the Northeast corner of this 0.1295
acre tract.
Thence, S 0° 00' 30" E; coincident with the East boundary line of the NE 1 of
NW Z of Section 12; a distance of 306.35 feet to the Southeast corner of this 0.1295
acre tract.
Thence, in a Northwesterly direction; coincident with the East right-of-way
line of Pearland Sites Road; following a curve to the left, said curve having a central
angle of 5° 21' 17", a radius of 538.73 feet and a chord bearing of N 23° 25' 21"
W; an arc distance of 50.35 feet to a 1/2 inch iron rod found for the most Southerly
corner of the 0.5554 acre tract and the Southwest corner of this 0.1295 acre tract.
Thence, N 0° 00' 30" W coincident with the East boundary line of the 0.5554
acre tract a distance of 260.17 feet to the POINT OF BEGINNING.
JAMES F. BECK
TEXAS REGISTERED PUBLIC SURVEYOR NO. 2021
DATE: MAY 14, 1985
JOB NO. 1780-84
EXHIBIT "B"
METES AND BOUNDS DESCRIPTION
0.1544 ACRE TRACT
BEING PART OF THE
NE 1 OF SECTION 12
H. T. & B. R. R. CO. SURVEY, A-508
BRAZORIA COUNTY, TEXAS
Being a 0.1544 acre tract located in the NE o of Section 12, H.T.& B. R. R.
Company, Survey, A-508, Brazoria County, Texas; which is more particularly described
by metes and bounds as follows;
Commencing at a 1/2 inch iron rod found for the point of intersection of the
South right-of-way line of Magnolia Road and the East right-of-way line of Pearland
Sites Road (based on a width of 70.00 feet); said corner being the Northwest corner
of a 0.5554 acre tract (Call 0.5530 acre) according to the survey performed by F.
G. Akers on August 8, 1984.
Thence, East, coincident with the South right-of-way line of Magnolia Road;
passing at 161.77 feet a 1/2 inch iron rod found for the Northeast corner of the
0.5554 acre tract; for a total distance of 181.77 feet to a point for corner; from
which the Northwest corner of the NE lC of Section 12, bears N 0° 00' 30" W a distance
of 32.27 feet.
Thence, S 0° 00' 30" E a distance of 27.73 feet to the Northwest corner of this
0.1544 acre tract and the POINT OF BEGINNING.
Thence, East a distance of 20.00 feet to the Northeast corner of this 0.1544
acre tract.
Thence, S 0° 00' 30" E a distance of 371.27 feet to the Southeast corner of
this 0.1544 acre tract.
Thence, in a Northwesterly direction; coincident with the East right-of-way
line of Pearland Sites Road; following a curve to the left, said curve having a central
angle of 7° 13' 48", a radius of 538.73 feet and a chord bearing of N 17° 07' 49"
W; an arc distance of 67.98 feet to the Southwest corner of this 0.1544 acre tract.
Thence, N 0° 00' 30" W; coincident with the West boundary line of the NE a of
Section 12, and the East boundary line of a 0.1295 acre tract; a distance of 306.35
feet to the POINT OF BEGINNING.
JAMES F. BECK
TEXAS REGISTERED PUBLIC SURVEYOR NO. 2021
DATE: MAY 14, 1985
JOB NO. 1780-84
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