Ord. 1481 2013-06-24 ORDINANCE NO.1481
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ABANDONING A CERTAIN SIXTEEN FOOT (16')
UTILITY EASEMENT 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 sixteen foot (16') easement ("Easement") 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 Easement described in Exhibit "A".
Section 2. Subject to any satisfaction of any contingencies contained herein,
the Easement referenced herein is hereby ABANDONED by the City of Pearland.
Section 3. The adoption of this ordinance shall be contingent upon the
construction and relocation, by Covington Estates, LLC, of the sewer line currently
located in the Easement to a location to be approved by the City.
Section 4. 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 5. 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 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.
Section 7. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
ORDINANCE NO. 1481
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 10th day of June, A. D.,
2013.
OYtz
TOM REID
MAYOR
ATTEST:
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YO 1 G LOO1 I 'G, T C / _ '; )c- .
CI SEC` TARY
µN,N,Y
PASSED and APPROVED ON SECOND AND FINAL READING this the 24th day
of June, A. D., 2013.
- c►
GREG HILL
MAYOR PRO-TEM
ATTEST:
Q ......q,yo
Y'' NG G R
Y SE ETARY �+
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
ORDINANCE NO. 1481
Exhibit "A"
•1 6�`V RECORDER'S MEMORANDUM:
At the lime of recordation,this instrument was found lo be r
1 Inadequate for the beat photographic reproductive because
of illegibility.carbon,or photo-copy,discolored Deem,etc.
All blackouts,additions and changes were present at the
erne the Instrument was fired and recorded.
IiiiLIEILEASEMESIT
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THE STATE OF TEXAS
COUNTY OF BRAZORIA
KNOW ALL MEN BY THESE PRESENTS:
That James Andrew Aycock(individually), hereinafter called "Grantor", for and in
consideration of the sum of TEN AND 00/100 ($10.00) DOLLARS and other good and
valuable consideration in hand paid by Brazoria County called ^C>rrantee", the receipt Y Municipal Utility District NO. 5,
acknowledged, has P and sufficiency of which are hereby
GRANT, SELL and R CONVEY TEj), SOLD D��CONVEYED, � by these presents does
easement for the sole and exclusive purpose of constructing a buried potable swater line
ne
not to exceed eight inches(8")in diameter and a buried sanitary force main not to exceed
four inches (4") in diameter, both to be located in a sixteen foot (16') easement
along the south boundary ) mem to run
dary of the Grantor's property. legal
�, is more particularly P Pent. The Ie al of the easement
P arly described in Exhibit "A"attached hereto and made a part hereof for all
purposes. This utility easement will run along, upon, across and beneath that certain tract
of land known as Lot 20A, located in Lot 20 in the Allison Richey Gulf Coast Home
Subdivision, Abstract 506, as recorded in Volume 2, Page 23, Brazoria
Records,Brazoria County,Texas. County Map
The utility easement herein granted is expressly made subject to the following
terms,conditions and covenants:
J.
Said easement is granted for the sole and limited
purpose, and no other, enabling
the Grantee to construct,operate,repair and maintain an eight inch 8'
and a four inch (4") sanitary force main on the tract as described in Exxhib t "A"herein.
The use of the ro
P ply by Grantee for any other purpose shall terminate this easement in
accordance with the provisions of paragraph VII hereof. All rights and interests of the
Grantee hereunder are made subject to any and all prior rights, restrictions, covenants,
conditions, easements,liens and encumbrances that may affect the subject property.
IL
Nothing herein contained shall affect the right of the Grantor to go upon or across
the subject property at any time for any purpose whatsoever. Grantor may make proper,
reasonable use of the subject property, so long as the use does not interfere with the
easement herein granted, and Grantee accepts the right granted to it hereunder burdened
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with any such present or prospective reasonable use by Grantor, or b
assigns. , by his successors or
III.
Grantee shall be re
interfere in any way fed before doing any work or making
Y y with the operations a any repairs which will
interfere
such intent at least ten 20 perations of the Grantor, to noti the
( )days prior to commencement �' Grantor,a to writing,
that such work and/or cement of the work. Grantee agrees.
however, that the repairs shall be completed as expeditiously as possible; provided,
Grantee shall conduct all of its operations in and upon the utility
easement unless written approval to work from land adjacent to the utility
requested and approved by the Grantor at least ten (10) days prior to commencement n emeut �f
the work. encerraent of
N.
Grantee shall, at its sole cost and expense, clean up the debris caused by its
construction of such water lino and sanitary line improvements in a workmanlike manner
and shall maintain the improvements and promptly repair all damage or deterioration
caused by the Grantee's use.
V.
It is expressly understood and agreed that this instrument does not in any manner
purport to convey any right,title or interest in or to the land or to any other property on,
in or under said land, including, but not limited to,fixtures,improvements,oil,gas,
• sulfur,lignite or other minerals,except as expressly provided herein.
{
VL
Grantee assumes as to the Grantor, its agents or employees or
contract with the Grantor, all liability for and parsons under
h harmless the Grantor agrees to indemnify, defend, save and hold
injury of against any and all damages and injuries or claims for damage and
any nature whether to person or property which hive been caused by the Grantee
or its agents,servants,employees or independent contractors in the course of the exercise
by the Grantee of any right
Y ght or claim or right hereunder, or damage or injury resulting from
the grant of rights hereunder by the Grantor to the Grantee.
the Grantor,its agents Grantee also assumes as to
gents or employees or person under contract with the Grantor, all liability
for and agrees to hold the Grantor harmless
the Grantor and persons claiming damages against any and all damages of any nature to
not Grantor
to,and persons n8 amages under the Grantor of any nature including, but
Y injury, wrongful death or damages, in all cases where such damage,
injury or death has been caused by the Grantee, or b
servants,employees,independent contractors, or by by any of the Grantee's agents,
or under the Grantee. y an Y person or persons acting through
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VII. ,
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The easement and other rights and privileges herein conveyed t
terminate upon the occurrence of one or more of the following: to the Grantee shall r
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A. When the purposes hentof cease to exist; Y
B. When abandoned by the Grantee;
C. The use of the subject property by the Grantee for any othex A u space;or
M1
D. The failure by the
and complying' Y Grantee of faithful and timely keeping, observing, performing
p ymg with any of the covenants, conditions, terms, undertakings
hereof, mgs or provisions ''
Termination hereof shall be effective after notice to the Grantee of such failure,
• omission or breach and after the failure of the Grantee to cure or remedy such failure,
aIniSSlan or breach, within
sixty (60) days from the date of such notice, and upon the
recording in the Office of the County Clerk of Brazoria County,
Grantor, identifying the subject property and this document and Texas, oft affidavit by
e'en causing termination. No waiver of non-compliance out the event at ■
respect to any of the covenants, conditions, undertakings o provisions hwhic with
be given or suffered by the Grantor shall operate as or be construed to constitute aGwaiv r
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of any subsequent or different breach or default or of any subsequent or different
non-compliance or as a waiver of any of the Grantor's rights under this
respect to any such subsequent paragraph with
i. Sequent or different breach or default or any such subsequent or
different non-compliance.
i
VH1.
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Any notice to be given by one
deposited into the custody of the United�Sta to the es postl other�Service certified be delivered or i
receipt requested, by certified mail, return a
A •postage prepaid,and addressed to the following:
GRANTOR: j
Fames A. Aycock
902 Hillhouse Road
Pearland,Texas 77581
i
GRANTEE:
Brazoria County Municipal Utility District NO. 5
C/O Coates,Rose,Yale,Holm,Ryman&Lee,P.C. {
1001 Fannin, Suite 800
Houston, Texas 77002-6707
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In the event there shatl be any assignment
granted or in the event there shall be a by Grantee of the easement herein
notices given under the change of ownership of the lands concerned,
provisions hereof by one party to the other shall continue to be
binding nevertheless on the successor in interest {.
the successor in interest shall have notified the other the peaty concerned unless and until
change in ownership as the case may be. party writing of such assignment or ''
IN TESTIMONY WHEREOF, the parties hereto have
s22" day of April, 1996, executed This conveyance
"Grantor":
V
4o-. Andrew Ay r ---
co
"Grantee":
Brazoria County Municipal Utility District NO. 5
Ricki A. dtoughby
President,Board of Directors
i
"Tien Holders Consent":
ABENCO,Inc.
Billies .. %` ,/, ",.
By ha�j Benton
President
(1.:2"2
an C. Ellis T"
4
THE STATE OF TEXAS:
COUNTY OF B
RAZQRIA;
•
BEFORE ME, the undersigned authority, on this day ,,
Andrew Aycock, known to me to be the Y persoaslJY appeared James
na person whose name is subscribed to
foregoing instru
ent, and acknowledged to me that he executed the same for the
and consideration herein expressed. purposes
'
GIVEN .-'''DER MY HAND AND SEAL OF OFFICE,this?. day of April, ,�
pail, 1996• ;s
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' Y "'�!+ltc acid for the State of Texas i_ {�,.
exas �� 't. ^1
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_ JAME;DILLARD
THE STATE OF TEXAS: I I,; I Nolan,Public State of Texas l i
Y ommhcsion Ex
COUNTY OF h3 1 ' ''' JUNE 22 1099 fires
RAZORIA: _ .
BEFORE ME, the undersigned authority, on this day personally appeared Ricki A.
ghby, President, Board of Directors, Brazoria County Municipal Utility District
NO. 5, known to me to be the person whose name is subscribed to the foregoing
. instrument, and acknowledged to me that she executed the same for the S S
consideration herein expressed for and on behalf of Br'azorla Co purposes Utility
District NO. 5. County Municipal Utility
.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this 21st May
.._._...daY of Jam, 1496:
4�. -+..,1-c -. € O-"-
N°tat7+Public in and for th a of Texas ' LINDA L.ROWLETT
Of 6 r. >�.� y Notbry f'oblic,S1ote°d em
THE STATE OF TEXAS: _: 4 cemmE �pu�08•23 yl
COUNTY OF BRAZOItIA �t.
BEFORE ME,the undersigned authority,
known to me to be the . on this day personally appeared Billie J. Ellis,
•
acknowledged to me thate executed the same for the to the foregoing instrument and
i. purposes herein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, of April,pril, 1996.
2, .
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_,..... ..............„..,',1111,:i. .� .. ' ' , CAROLYih, LDRIDO i
Notary Publi•' and for the State of Texas {r. Notary ommi,State of Tsutln ,
���'� My Commission F�t�e ,
, �`', `` JANUARY 6,MO
s� __O.Ei._ - a__."P
•
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THE STATE OF TEXAS:
COUNTY OF BRAZORIA; _
BEI'ORE ME,the undersigned authority, on t
known to me to be the Y� this day personally appeared Ann C.
acknowledged person whose name is subscribed to the foregoing �
ged to me that he executed the sane for the instrument ed. and
Purposes herein expressed,
GIVEN UNDER MY RAND AND SEAL OF OFFICE, thist04,tday of April, 1996.
■
,�''otary Public in and the State of Texas ,L�.r�,, Ci4ROLYN IiL4RlAaE
I fedr4,I-It'Ok Notaty Pi*,Sided Tom'`),11,,t,'1)NT# My Commleeiaa Eke I
THE STATE OF TEXAS:
■ JANUARY 8.2400 i
1
h COUNTY OF BRAZORIA:
i
BEFORE ME, the undersigned authority, on this day personally appeared Charles
instrument and acknowledged to me person
he executed the same for t to the foregoing
expressed for and on behalf of ADENCO,Inc. the purposes herein
GIVEN UND D' MY HAND AND SEAL OF OFFICE, this 2.7.
y of Apra, 1996. ,.
C
��otaty,yam is"A"1161111111ell
in and for the State of Texas ,� ,�1-J * Notary AIDE'S DILLARD^
,�� Public State of texas
9 _ My Comnusston Expires I
w' JUNE22 /Bag
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EXM%Bi,' �q
PROPOSED EASEMENT •
DESCRIPTION
Of 0•�6 d acres or 22,x21 square
Sera t244 r set 712, Al q teat of land out of a call 4.62
acre 1 described In a deed from Paula Cornett
Sallies Andrew Aycock dated December 4, 10112, recorded in Pi
62"444199 of the Official Publlo Records Brasoria Cerrot
sail gated in Lot 20 Allison Richey Quit Coast t` ,y.
1,1~vision, Abstract 501 as recorded in Volume Q age S�Ce�o-
deseriunty b Map Records, said 11.294 Page Sts Erasrly
y metes and bounds asafollowslns ear• lrartlsed on
Yoieme 1031, Page 4Y8 Deed Records Hr (bearings
asorls� Coast basal vn
BEGINNING at a o Y. Texas;
located la the P point for the Southeast corner of said Lot 2d, and
vice el Neat right-of way lime of Hillhouse Road (SO toot
Bait O.61 foot; 6) from sill paint a !/x inch iron rod was for
�e
ot�sralEd booth 011 de
Lot 20, a distance 801.30.feetitoaae1/2tba irlt line
for oornerr Inch tree rod
THENCE Nor t b 00 deg.
A tint g. 00 min. 40 f
taet to p for corners s$O• west a distance of 15.00
TWICE Worth 8!! deg. 5io min.TIII Norte Worof cad g' 12 sec. Sass, along a line 18.00
teat
of S parallel to the Eolith line of said Lot 20, a
01.30 feat to a
of'wey lino of said HillhousepRoad; fer corner to the Hest right-
THENCE South 00 dog. 00 min. 48 sac. East, along the
P -amm {alr
yline of fill Road, a distance of st
tolgtbo
8E011mi lta.
WITNESS my RAND AND SEAL THIS THE WA DAY OP
MUaa. 11081.
J, rTfl l r-'� .� "`.,-
Registered Professional Land Surveyor No. 4722
POS'T'ER - RAINWATER & ASSOCIATES HUJI%VEYInG
1488 Poderal Street
Pasadena, Texas 77604
Plume No. ; (V13) 0410070
Job No. 106164
WS5/96PILE$/061644
lid ORM 04:1
MINIM
klabirdadbihm6=XbdiellIMPISIV
ellduY
a wMrr�i► �+I .r Oft&A
96 MAY 23 AEI II: 28
M C I
/7 0
1c CCt:4' C:.E i•
■ Tide property IS NUT rotated In LEGEND
the 100 year hood pknn & !e SCALE: 1"..100. U.E.-UTILMf
A1E EASEMENT
in insurance rate map zone 1_,
W.LE.-WATER F7NE EASEMENT
B.L.-BUILDING LINE
an per map 40039C/0030H .—//— 000 FEN
doted 6-5-89
SOUTHDOWN, SECTION 7
—5—BARBED m WIRE FENCE
� ON F F ENCE
VOLUME 1761, PAGE 989 OF THE B.C.D.R.
C NORTH
FNS.8/8'I.R. R 261.95 .'9�" •R' 261.95 fND. 1/2'LR.
•
.
.
NORTH
HALF OF
TRACT 20
V) /_ N\\
REMAINDER o 0
('' OF TRACT 20
0 ra
G4
o
rORSE CORRAL -
11N`S{ED t.
OAAIEDO pcL/ P PUMP HOUSE"
DAROECUE PIT
e 9,
ONE STORY GRAVEL
' FRAME DRIVE
261.95 261.95 F&.UXMD1 -
FND 5/B"tR. SETS 8'1.• _ -
05/01.R.
. - SOUTH
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,....--4 � a F �. I.mom.D.NORTON.A REGISTERED PROFESSIONAL INC
1 l SURVEYOR M WE STATE OF RYAS.DO HEREBY CARRY
HILLHOUiyp -A II�cF,ti.�t' i RAT DIE PUT HEREON CORRECTLY REPREWDS IRE
/Ati 4, �t7�� RESULTS OF AN ACTUAL SURVEY VAOE OH 1NE GROUND
Notes: Q' UNDER MY CIREC1E*l ARO THAT THERE ARE No
I I.) Rosie for BeariRye:=mimed as platted
c.r... -'°"' O�N . ROACNUORS TYCGVI As 1140AM.
MICHAEL D-
2.)IXalancea alTOr.n ore gro0nd dlstanCea r,,,,,.;.,,.,,.L D.MORTON /
I- 3,) Survey won made •Ilhout bane8t of tIER eomlttn nt '0 3666 7C Q'/
�' •Pp No-* °F DA D . OF. } 19011
S 5URy j
.(LOT)TRACTS 20A AND 200. OUT OF LOT 20,SEE ATTACHED EIORIBIT"A" y•~ wiClAYa U,E10RroN-R.PA.S 1101aas
LOT(S) LOCK SUBoMSDN . atom
it ALLIStrJN RICHEY GULF COAST HOME CO. S/D
RECORDA11ON - - COUNTY STATE
VOL. 2l PG. 23 OF THE D.C. R.M, HRAZORIA TEXAS
ADDRESS - cm( ZIP CODE 11N11Ca
902 HILLHOUSE ROAD I PEARLAND I .77581 I
PIBRCIIASER - lTR1.E COMPANY G.F.No.
BARBARA COVINGIDN -
.--NL ZZISIL9i. ARROW SURVEYING +ae NO, 90-07-08
DRAWN Bfl 91C .7/10/98 P.O.BOX 410- PEWIAND, TEXAS 77590
CHECKED IM - AN - 7/13/913 (2111)412-2154 F11(201) 412-2314 - RENSION:
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News Ordinance No. 1481
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 r' issues, as follows:
No. / Date Gl�rc 20 >3
No. Date 20
No. Date 20
No. Date 20
No. Date 20
IWhRI )
CFO
Subscribe and sworn to before me this day of
20 I
ssc LAURA ANN EMMONS
iQTARY PUBLIC
t STATE:QF TEXAS ,--
`"`i "y Commission Expires 02014 Laura Ann Emmons, Publisher
Notary Public, State of Texas
Y NT NnI- e.
LEGALS LEGALS
Pearland, Texas, to prior to the meeting so
gather public comment that appropriate
and testimony regarding arrangements can be
the abandonment of a made.
certain utility easement
- on property generally
Published June 6,2013 located west of
Hillhouse Road.
NOTICE OF PUBLIC
HEARING ON THE At said hearing all inter-
ABANDONMENT OF ested parties shall have
RIGHT-OF-WAY the right and opportunity
to appear and be heard
Notice is hereby given on the subject.
that on the 10th day of Young Lorfing
June, 2013, at 6:30 City Secretary
p.m.,the City Council of
the City of Pearland, This site is accessible to
Texas, will conduct a disabled individuals.
Public Hearing in the For special assistance,
Council Chambers, City please call Young Lorf-
Hall,3519 Liberty Drive, ing at 281.652.1655,