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Ord. 1010 04-23-01ORDINANCE NO. 1010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN TWENTY FOOT (20') WIDE ACCESS EASEMENT LOCATED ALONG FM 518 AND MORE PARTICULARLY DESCRIBED AS LOT A, BLOCK 1, OF THE GEORGE W. JENKINS SUBDIVISION WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIACOUNTY, 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 access easement described in Exhibit "A", attached hereto and made a part hereof for all purposes, and generally located in the George W. Jenkins Subdivision; 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') wide access easement. Section 2. That said access easement located in the George W. Jenkins Subdivision, evidenced by Exhibit "A", is hereby ABANDONED by the City of Pearland. Section 3. That the Mayor 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 access easement is contingent upon the execution of a similar access easement along the property's westernmost boundary, by the property owner to the City of Pearland. 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. 1 ORDINANCE NO. 1010 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 upon passage and approval of its second reading. PASSED and APPROVED ON FIRST READING this the 23 day of April , A. D., 2001. ATTEST: 2 TOM REID MAYOR ORDINANCE NO. 1010 PASSED and APPROVED ON SECOND AND FINAL READING this the 14 day of May , A. D., 2001. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 3 TOM REID MAYOR • EXHIBIT Air 518 -(EAST BROADWAY) 1001 R.O.W. 1133.271 94' 10' SEWE5R EA$ MENT N ,59° 39' 22" W I72.32' °4' 0 0 tit �i. N WINOM(LL APARTMENTS 1/2" I.R. Lam .lAM/SOA A SU 5.671 THE P.ERR COUN