Ord. 1466 2012-08-13 ORDINANCE NO.1466
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ABANDONING A CERTAIN TWENT FOOT (20')
ALLEYWAY RECORDED IN THE 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 twenty foot (20') alleyway described in Exhibit "A", attached hereto and made a
part hereof for all purposes, and recorded in 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 twenty foot (20') alleyway.
Section 2. That said roadway alleyway, evidenced by Exhibits "A-1", "A-2" 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. 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 6. 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.
ORDINANCE NO.
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 23rd day of July, A. D.,
2012.
, .• DYYI/
TOM REID
MAYOR
ATTEST:
•
Yo NG Lo ' "-G, C 4 �..4
��Y SE 'ETARY ` ` ''
PASSED and APPROVED ON SECOND-AND FINAL READING this the 13th day
of August, A. D., 2012.
TOM REID
MAYOR
ATTEST:
QRw
NG v R' , T' C / i %\
i• Y SE -ETARY 13\ fol
n HaVdaN•,",•
COVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Ordinance No. 1466 EXHIBIT
A- 1
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STATE OF TEXAS §
MAR 15 2012 i
§ By
COUNTY OF §
BRAZORIA Metes and Bounds Description
Tract I j
All that certain 0,5596 acre (24,375 square-foot) tract of land situated in the H. T. & B. RR
Company Survey,Section 2,Abstract No.542, Brazoria County,Texas, being Lots 17 through 24
inclusive, in Block 28,of Pearland Townsite, a subdivision in Brazoria County,Texas, according
to the map or plat thereof recorded in Volume 29, Page 41 of the Deed Records of Brazoria
County, Texas, Save and Except there from the South five (5) feet of Lot 24, as awarded to the
City of Pearland, Texas, in that certain Condemnation Proceeding filed under Cause No. CI
040891 in County Civil Court at Law No. 2 of Brazoria County,Texas, and set forth and defined
in that certain Agreed Final Judgment, a certified copy of which is recorded under Document No.
2011032084 (Exhibit "B" attachment) of the Official Public Records of Brazoria County, Texas
(OPRBCT): said 0.5596 acre tract being more particularly described by metes and bounds as
follows:
BEGINNING at an iron rod set at the intersection of the North Right-Of-Way line of East Walnut
Street (60' ROW) and the West Right-Of-Way line of South Houston Road (60' ROW) in the
East line of Lot 24 at the Northeast corner of said Save and Except Tract for the Southeast corner
of the herein described Tract I;
Thence South 87°19'02"West across Lot 24 along the North line of said Save and Except Tract
and the North line of East Walnut Street, a distance of 125.00 feet to an "X"cut set in the West
line of Lot 24 and the East line of a 20-foot dedicated Public Alley at the Northwest corner of
said Save and Except Tract for the Southwest corner of the herein described Tract I;
Thence North 02°40'58" West along the West line of Lots 24, 23, 22, 21, 20, 19, 18, and 17 and
the East line of said 20-foot Public Alley, a distance of 195.00 to an iron rod set at the common
rear corner of Lots 16 and 17 for the Northwest corner of the herein described Tract 1;
Thence North 87°19'02"East along the common line of Lots 16 and 17, a distance of 125.00 feet
to an iron rod found in the West line of South Houston Road at the common front corner of Lots
16 and 17 for the Northeast corner of the herein described tract;
Thence South 02°40'58"East along the East line of Lots 17, 18, 19,20,21,22, 23 and 24 and the
West line of South Houston Road, a distance of 195.00 feet to the POINT OF BEGINNING and
containing 0,5596 acre or 24,375 square feet of land.
Allen D.Hughes
± ' 0 Professional Land Surveyor,No. 3891
December 20, 2011
., � �'' ,� Job No. 11-10603Amb
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See drawing attached —
EXHIBIT
� A -2
STATE OF TEXAS §
COUNTY OF §
BRAZORIA Metes and Bounds Description
Tract II
All that certain 0.4255 acre (18,533 square-foot) tract of land situated in the H. T. & B. RR
Company Survey, Section 2, Abstract No. 542, Brazoria County,Texas,being Lots 25 through 32
inclusive, in Block 28, of Pearland Townsite, a subdivision in Brazoria County, Texas, according
to the map or plat thereof recorded in Volume 29, Page 41 of the Deed Records of Brazoria
County, Texas, Save and Except there from the South five (5) feet of Lot 25, as awarded to the
City of Pearland, Texas, in that certain Condemnation Proceeding filed under Cause No. CI
040891 in County Civil Court at Law No. 2 of Brazoria County, Texas, and set forth and defined
in that certain Agreed Final Judgment,a certified copy of which is recorded under Document No,
2011032084 (Exhibit "A" attachment) of the Official Public Records of Brazoria County, Texas
(OPRBCT): said 0.5596 acre tract being more particularly described by metes and bounds as
follows:
BEGINNING at an iron rod at the intersection of the North Right-Of-Way line of East Walnut
Street(60' ROW) and the East Right-Of-Way line of South Main Street(100' ROW)in the West
line of Lot 25 at the Northwest corner of said Save and Except Tract for the Southwest corner of
the herein described Tract II;
Thence North 14°00'42" West along the West line of Lots 25, 26, 27,28, 29, 30, 31 and 32 and
the East line of South Main Street, a distance of 198.87 feet to an iron rod found at the common
front corner of Lots 32 and 33 for the Northwest corner of the herein described Tract II;
Thence North 87°19'02" East along the common line of Lots 32 and 33, a distance of 114.58 feet
to an iron rod set in the East line of a 20-foot dedicated Public Alley at the common rear corner of
Lots 32 and 33 for the Northeast corner of the herein described Tract II;
Thence South 02°40'58"East along the East line of Lots 32, 31, 30,29,28,27, 26 and 25 and the
West line of said 20-foot Public Alley, a distance of 195.00 feet to an iron rod set in the North
line of East Walnut Street and the East line of Lot 25 at the Northeast corner of said Save and
Except Tract for the Southeast corner of the herein described Tract II;
Thence South 87°19'02" West across Lot 25 along the North line of said Save and Except Tract
and the North line of East Walnut Street,a distance of 75.51 feet to the POINT OF BEGINNING
and containing 0.4255 acre or 18,533 square feet of land.
is
Allen D. Hughes
Professional Land Surveyor,No. 3891
As.Q � .•. +';\ December 20,2011
��p ,'• Job No, I 1-10603Bmb
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published in
THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and
Galveston Counties, for / issues, as follows:
No. Date 7- 3 20 /2
No. Date 20
No. Date 20
• No. Date 20
- No. Date 20
/1/4Peicki
CFO
Subscribe and sworn to before me this T day
20 /�-
,L LAURA ANN EMMONS G _
NOTARY PUBLIC
STATE OF TEXAS Laura Ann Emmons, Publisher
Q,)
LA, MY Commission Expires 09.09-2014
Notary Public, State of Texas
Published July 3,2912
NOT�
L Pl11UC tM abandonment of an
NOTICEG ON THE unused twenty toot(201
alleYwok
ABANDONMENT OF
RIGHT OF.WAY At said hearing all inter-
,
ested parties shall have
Notice is hereby given the NM'and opportunitY
that on the 23rd day of to appear and be heard
July,2012,at 6:30 p.m., ortthasubled.
the City Council of the
City of Pearland,Texas, Young I-o 9,TRMC
will conduct a Public City cry`
Hearing in the Council
Chambers, City Hall, This site Is accessible to
3519 Liberty Drive, disatitottindividUalo.For
Pearand, Texas, to special ,.
gather public comment please . tai;
and testimony rewinding
L tl+e.MeMt0 so
, prior to that 110101101110 argIP
fib made.
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