Ord. 0395 04-09-79ORDINANCE NO.
395
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS,
PROVIDING THAT A PORTION OF THE ROAD RIGHT-OF-
WAY OF OLD ALVIN ROAD BE VACATED, ABANDONED AND
CLOSED; PROVIDING FOR THE REVERSION OF THE FEE
IN SAID LAND; REPEALING ALL ORDINANCES IN CON
FLICT HEREWITH; PROVIDING FOR SEVERABILITY:
PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING
OTHER PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS,
has the power to establish, construct, alter, close, vacate and
abandon public streets, alleys and public grounds and highways of
the City pursuant to Article 1175 of the Revised Civil Statutes of
the State of Texas; and
WHEREAS, the CITY OF PEARLAND, TEXAS, is presently proceeding
with a capital street improvement program within the City, a part
of said program being the expansion and improvement of Knapp Road
East; and
WHEREAS, it has been heretofore determined by the City Council
that it is necessary, and in the best interest of the public, to
make certain right-of-way relocations as they relate the intersect-
ing areas of the Old Alvin Road right-of-way and Knapp Road East
right-of-way; and,
WHEREAS, the City Council has heretofore acquired additional
right-of-way area in and near the existing Northerly right-of-way
line of Old Alvin Road right-of-way, which the Council deems far
superior to the existing right-of-way, and which would more adequate-
ly serve and meet the engineering requirements of the Knapp Road
improvement project; and,
WHEREAS, the City Council has heretofore determined that the
use of a certain portion of Old Alvin Road right -of -way, --as herein-
after described, has become highly improbable and there is a need
to close and abandon that portion of Old Alvin Road right-of-way
as herein described; and
WHEREAS, it has been determined by the City Council that all
abutting property owners, whose property abuts the portion of
right-of-way sought to be abandoned, has consented and agreed to
the abandonment of the property and have expressed that such
abandonment would be in their best interest and to the advantage of
the public generally;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS:
Section 1.
That 0.6937. acres of land out of the existing 40 foot right-of-
way of Old Alvin Road, and being more particularly described by
metes and bounds in Exhibit "A" attached hereto, be and the same is
hereby closed, abandoned and permanently vacated as a street or
public throughfare right-of-way for all intents and purposes.
Section 2.
That the fee to the land described in Exhibit "A" attached
hereto is hereby released and will revert to the adjacent and abutt-
ing property owners as provided by law, except that easements are
reserved for any and all existing utilities, if any.
Section 3.
That all ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 4.
That if for any reason any section, paragraph, subdivision,
word, phrase, clause or provision of this ordinance shall be held
invalid or unconstitutional by final judgment of a Court of competent
jurisdiction, it shall not affect any other section, paragraph, sub-
division, word, phrase, clause or provision of this ordinance for
it is the definite intent of this City Council that every section,
paragraph, subdivision, word, phrase, clause or provision of this
- 2
ordinance be given full force and effect for its purpose.
Section 5.
This ordinance shall take effect upon its Second and Final
reading by the City Council of the CITY OF PEARLAND, TEXAS.
1979.
PASSED and APPROVED on First Reading this J4 day ofSeil
ork4>
Mayor, City of Pearland, Texas
PASSED and APPROVED on Second and Final Reading this .7 day
, 1979.
ATTEST:
(—City Secret
Mayor, City of Pearland, Texas
FIELD NOTES ON 0.6937 ACRES OF LAND, Being a
Portion of a 40 Foot Platted Right -of -Way Be-
tween Tracts 72, 77 and 92 and 93, of Zychlin-
ski's Subdivision of Section #l, H.T. & B.R.R.
Co. Survey, Abstract 233, Brazoria County, Tx.
COMMENCING at a point being the intersection of the existing south right-of-way line of
Knapp Road with the centerline of Bobby Street, of Clear Creek Estates;
THENCE N. 90° 00' 00" E. along the south line of Knapp Road a distance of 40.00 feet to
a point;
THENCE S. 00° 00' 00" E. a distance of 144.03 feet to a point;
THENCE N. 71° 22' 42" E. a distance of 144.1 feet to the PLACE OF BEGINNING of this de-
scription and also the northwest corner of this tract being described;
THENCE continuing N. 71° 22' 42" E. a distance of 42.22 feet to a point for the northeast
corner of this tract being described;
THENCE S. 00° 01' 30" W. along the east side of the platted 40 foot right-of-way a distance
of 827.40 feet to a point for the most southeasterly corner of this tract being described
and being a point on a curve whose radius at this point bears S. 75° 07' 09" W; (Said point
being 334 feet from the south boundary of Tract 93)
THENCE in a northwesterly direction along said curve to the left whose radius is 1188.6949
feet a distance of 129.35 feet to a point for the southwest corner of this tract being
described, and said point being in the west line of the platted 40 foot right-of-way;
THENCE N. 00° 01' 30" E. a distance of 690.96 feet to the PLACE OF BEGINNING, and containing
0.6937 Acres of Land.
Date: 19 March 1979
EXHIBIT "A"
Prepared & Certified By:
COENCO, Inca
Consulting Engineers
By: Tha I[-catn, a..
Malcolm A. Collins
Registered Professional Engineer and
Public Surveyor