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Ord. 1469 2012-09-24ORDINANCE NO.1469 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN ROAD AND PUBLIC EASEMENTS 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 road and public easements ("Easements") 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 the following Easements: a) A twenty (20) foot road easement located along the south property lines of lot 41 and 51 as shown on the plat recorded in Volume 2, Page 98 of the Plat Records of Brazoria County, Texas. b) A twenty (20) foot road easement located along the north property lines of lot 42 and 52 as shown on the plat recorded in Volume 2, Page 98 of the Plat Records of Brazoria County, Texas. c) A twenty (20) foot public easement located along the westerly property lines of lots 49 and 50 as reflected in a Deed recorded under Brazoria County Clerk's File No. 96-008394. Section 2. That said Easements shown on Exhibit "A" are 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. ORDINANCE NO. 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. 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 24th day of September, A. D., 2012. ATTEST: „D.., c-' g,.J TOM REID MAYOR PASSED and APPROVED ON SECOND AND FINAL READING this the 8t" day of October, A. D., 2012. ..__,)..,, TOM REID MAYOR ORDINANCE NO. ATTEST: APPROVED AS TO FORM: 4P-' N'.HIEM V. DOAN DEPUTY CITY ATTORNEY Ordinance No. 1469 Exhibit "A" i l� it d 3x i'e r@ Ak 1 64 1 1414 411 rI1! ; ; i. 40.a NVwN w.pz�aamr�nia'vnxv+Y��iV°'MD�awMwtCli 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 /'n 2012_ No. Date 20 No. Date 20 . ; No Date 20 - . No. Date 20 Subscribe and sworn to before me this .2o 20 LAURA ANN EMMONS NOTARY PUBLIC STATE OF TEXAS My Commissif)n Expires 09-094014 14/2,k1124-3 CFO day of /Air - r Laura Ann Em ons, Publisher Notary Public, State of Texas Published Sept. 19, 2012 NOTICE OF PUBLIC HEARING ON THE ABANDONMENT OF RIGHT-OF-WAY Notice is hereby given that on the 24th day of September, 2012, at 6:30 p.m., the City Council of the City of Pearland, Texas, will conduct a Public Hearing in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas, to gather public comment and testimony regarding the abandonment of cer- tain unused road and public easements on property generally locat- ed near the intersection of W. Broadway Street and Kirby Drive. At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. Young Lorfing, TRMC City Secretary This site is accessible to disabled individuals. For special assistance, please call Young Lorfing at 281.652.1655, prior to the meeting so that appropriate arrange- ments can be made.