Ord. 1482 2013-06-24 ORDINANCE NO. 1482
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, RESERVING A PUBLIC UTILITY EASEMENT
AND ABANDONING CERTAIN ROAD RIGHT-OF-WAY WITHIN THE
STREET RIGHT-OF-WAY DEDICATED ON THE FINAL PLAT OF THE
LA PALOMA SUBDIVISION AS RECORDED IN VOLUME 24, PAGE 335
OF THE BRAZORIA COUNTY PLAT RECORD, 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 the
street right-of-way dedicated on the final plat of the La Paloma Subdivision as recorded
in Volume 24, Page 335 of the Brazoria County Deed Records (hereinafter; "PLAT");
and
WHEREAS, prior to abandonment of the street right-of-way identified on the
PLAT, the City desires to reserve a Public Utility Easement, in the area covered by the
street right-of-way on the PLAT, for the placement, construction, operation and
maintenance of the City's utility infrastructure; 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 exists for the reservation of a Public Utility Easement within the area of the
street right-of-way dedicated on the final plat of the La Paloma Subdivision as recorded
in Volume 24, Page 335 of the Brazoria County Deed Records, and the hereby reserves
a Public Utility Easement in the street right-of-way identified on the PLAT.
Section 2. The City Council finds and determines that public convenience and
necessity does not require retention of said street right-of-way identified on the PLAT
and, subject to the reserved Public Utility Easement referenced herein, said street right-
of-way 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.
ORDINANCE NO. 1482
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 REA I G t 's the 24th day of June, A. D.,
2013.
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GREG HILL
MAYOR PRO-TEM
ATTEST:
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SEC' ETARY a
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PASSED and APPROVED ON SECO'ND"'AND FINAL READING this the 8TH day
of July, A. D., 2013.
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TOM REID
MAYOR
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ORDINANCE NO. 1482
ATTEST:
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APPROVED AS TTO�FORM:
DARRIN M. COKER
CITY ATTORNEY
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Ordinance No. 1482
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AFFIDAVIT OF PUBLICATION Ordinance No. 1482
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 ciG144___14'
20 /3
No. Date 20
No. Date 20
No. 20
--_- Date No. Date
/141011
CFO
Sub.
ubscribe and sworn to before me this _ )0 day of '
2013
u:, LAURA ANN EMMONS GZ
NOTARY PUBLIC i. Laura Ann Emmons, Publisher
(pAk STATE OF TEXAS
4 FAVC My Commission Expires 09-09-2014
Notary Public, State of Texas
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Ordinance No. 1482
Published June 19,
2013
NOTICE OF PUBLIC
HEARING ON THE
ABANDONMENT OF
RIGHT-OF-WAY
Notice is hereby given
that on the 24th day of
June, 2013, 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 road rights-of-way
located in the LaPaloma
Subdivision and along
Aubrell Road.
At said hearing all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Young Lorfing
City Secretary
This site is accessible to
disabled individuals.
For special assistance,
please call Young
.orf at 2, ,
prior to ing the meeting 1655 so
that appropriate 261,65 arran-
gements can be made.