Ord. 1451 2011-08-22ORDINANCE NO. 1451
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ABANDONING A CERTAIN FORTY FOOT (40')
ROADWAY EASEMENT RECORDED IN VOLUME 29, PAGE 43 OF
PLAT RECORDS OF, BRAZORIA COUNTY, TEXAS, 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 forty foot (40') roadway easement described in Exhibit "A attached hereto and
made a part hereof for all purposes, and recorded in Volume 29, Page 43 of the Plat
Records of Brazoria County, Texas; 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 forty foot (40') roadway easement.
Section 2. That said roadway easement, evidenced by Exhibits "A" and "B"
attached hereto, is hereby ABANDONED by the City of Pearland.
Section 3. That the City Manager or his designee or 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 roadway easement shall be contingent upon
the execution of the water easement on the property described in Exhibits "C" and "D
by the property owner, to the City.
Section 6. 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.
ORDINANCE NO. 1451
Section 7. 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 8. 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 8 day of August, A. D.,
2011.
ATTEST:
Yt NG L! F NG, T
of
•i Y SEC ETARY
day of August, A. D., 2011.
ATTEST:
VED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
AP
TOM REID
MAYOR
PASSED and APPROVED ON SE't ti$ D AND FINAL READING this the 22nd
TOM REID
MAYOR
Roadway Easement Abandonment
0.961 Acre
STATE OF TEXAS
COUNTY OF BRAZORIA
Exhibit "A"
Ordinance No. 1451
H.T. B.R.R. Co. Survey
Abstract No. 232
METES AND BOUNDS DESCRIPTION of a 0.961 of an acre tract in the H.T. B.R.R. Co.
Survey, Abstract No. 232, Brazoria County, Texas. Said 0.961 acre tract is part of Lots 40 and
46 of the Zychlinski Subdivision as recorded in Volume 29, Page 43 in the Brazoria County
Deed Records and is further described as being a part of a 25.081 acre tract described in a
deed to 1870 Mykawa, LTD. as recorded in Clerk's File No. 2011026936 In the Brazoria County
Clerk's Office, a part of a 13.611 acre tract described in a deed to 1870 Mykawa, LTD. as
recorded in Clerk's File No. 2010021974 in the Brazoria County Clerk's Office and a part of Lot
1, Block 1 of the Subdivision Plat of Third Coast Packaging as recorded in Clerk's File No.
2009018115 In the Brazoria County Clerk's Office. Said tract is more particularly described by
metes and bounds as follows:
BEGINNING at the point of intersection of the east right -of -way of Mykawa Road (based on a
width of 100 -feet at this point) with the common lot line between said Lot 40 and Lot 46 of
Zychlinski Subdivision, said line is also the south line of said 25.081 acre tract and the north line
of said 13.611 acre tract (N 13,775,972.53, E 3,146,026.72, Texas Coordinate System of 1983,
South Central Zone);
THENCE, North 02 °35'00" West, along the east line of said Mykawa Road for a distance of
20.00 feet to the most northerly northwest corner of the herein described tract;
THENCE, South 87 °24'57" West, 20.00 -feet north of and parallel to said common lot line for a
distance of 1,031.04 feet to the northeast corner of the herein described tract, said point is in the
west right -of -way line of the Burlington Northern and Santa Fe Railroad Company right -of -way,
(based on a width of 100- feet);
THENCE, South 16 °28'58" East, along the east line of the aforementioned 25.081 acre tract,
same being the west line of said Burlington Northern and Santa Fe Railroad right -of -way, at
20.60 feet pass said common lot line and continue for a total distance of 40.20 feet the
southeast corner of the herein described tract;
THENCE, South 87 °24'57" West, 20 -feet south of and parallel to said common lot line, at
200.00 feet pass the westerly line of the aforementioned Lot 1, Block 1, same being the easterly
line of the aforementioned 13.611 acre tract, and continue for a total distance of 1,060.94 feet to
the southwest corner of the herein described tract, said point is located in the aforementioned
east right -of -way line of Mykawa Road (based on a width of 60 -feet at this point);
THENCE, North 02 °35'00" West, along the east right -of -way line of Mykawa for a distance of
20.00 feet to a point for corner in said common line between Lot 40 and Lot 46, same being the
northwest corner of said 13.611 acre tract;
THENCE North 87"24'57" East, along said common lima, same being the north line of said
13.811 acre tract, for a distance of20.W0feet to the POINT OF BEG!NNING, containing a
computed area ofO.QO1ofeU acre (41 square fe*t).
NOTE:
1. The bearings and coordinate shown hereo•n are based on Texas Cocrdinate System
of 1983, South Central Zone.
2. A separate boundary survey piet was prepared in connection w!th this metes and
bounds description.
The Wilson Survey Group, Inc.
2006 East Broadway, Suite 105
Pemd8Ud, Texas 77G81
(281) 485-3991
Job No. 11~123
Michael D. Wilson, FLPLS.
Registration No 4821
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Water and Sewer Easement
0.237 Acre
STATE OF TEXAS
COUNTY OF BRAZORIA
METES AND BOUNDS DESCRIPTION of a 0.237 of an acre tract in the H.T. B.R.R. Go.
Survey, Abstract No. 232, Brazoria County, Texas. Said 0.237 acre tract is part of Lot 46 of the
Zychlinski Subdivision as recorded in Volume 29, Page 43 in the Brazoria County Deed
Records and is further described as being a part of a 25.081 acre tract described in a deed to
1870 Mykawa, LTD. as recorded in Clerk's File No. 2011026936 in the Brazoria County Clerk's
Office and is more particularly described by metes and bounds as follows:
COMMENCING at the point of intersection of the east right -of -way of Mykawa Road (based on a
width of 100 -feet at this point) with the common lot line between said Lot 46 and Lot 40 of
Zychlinski Subdivision, said line is also the south line of said 25.081 acre tract and the north line
of a 13.611 tract described in a deed to 1871 Mykawa, LTD, as recorded in Clerk's File No.
2010021974 in the Brazoria County Clerk's Office;
THENCE, North 02 °35'00" West, along the east line of said Mykawa Road for a distance of
10.00 feet to the POINT OF BEGINNING and the southwest corner of the herein described tract
(N 13,775,982.52, E 3,146,026.27, Texas Coordinate System of 1983, South Central Zone);
THENCE, North 02 °3500" West, continuing along the east line of said Mykawa Road for a
distance of 10.00 feet to the northwest corner of the herein described tract;
THENCE, North 87 °24'57" East, 20.00 -feet north of and parallel to said common lot line for a
distance of 1,031.04 feet to the northeast corner of the herein described tract, said point is in the
west right -of -way line of the Burlington Northern and Santa Fe Railroad Company right -of -way,
(based on a width of 100 feet),
THENCE, South 16 °28'58" East, along the east line of the aforementioned 25.081 acre tract,
same being the west line of said Burlington Northern and Santa Fe Railroad right -of -way, for a
distance of 10.30 feet to the southeast comer of the herein described tract;
THENCE, South 87 °24'57" West, 1D -feet north of and parallel to said common lot line for a
distance of 1,033.52 feet to the POINT OF BEGINNING, containing a computed area of 0.237 of
an acre (10,323 square feet).
NOTE:
1. The bearings and coordinate shown hereon are based on Texas Coordinate System
of 1983, South Central Zone.
2. A separate boundary survey plat was prepared in connection with this metes and
bounds description.
The VVilson Survey Group, Inc.
2006 East Broadway, Suite 10
Pearland, Texas 77581
(281) 485-3991
Job No. 11 -123
Exhibit "C"
Ordinance No. 1451
H.T. B.R.R. Co. Survey
Abstract No. 232
"vokitoca W
Michael D. Wilson, R.P.L.S.
Registration No 4821
fi`7 )Z1 l 11
Exhibit "D"
Ordinance No. 1451
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