Ord. 1054 02-25-02ORDINANCE NO. 1054
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ABANDONING A CERTAIN FORTY FOOT (40')
WIDE RIGHT OF WAY LOCATED ADJACENT TO LOTS 3 AND 4 OF
THE L. W. MURDOCK SUBDIVISION IN THE A.C.H.&B.R.R. CO.
SURVEY, SECTION 2, ABSTRACT 507, 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
forty foot right of way described in Exhibit "A", attached hereto and made a part hereof for all
purposes, and generally located in the L. W. Murdock 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 forty foot (40') wide right of way.
Section 2. That said right of way located in the L. W. Murdock Subdivision,
evidenced by Exhibit "A", is hereby ABANDONED by the City of Pearland.
Section 3. That the Mayor or his designee 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 right of way is contingent upon the execution of the
Waiver and Release of Liability attached hereto as Exhibit "B", by the petitioner(s) requesting
abandonment.
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
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 25 day of
February , A. D., 2002.
TOM REID
MAYOR
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the 11 day
of March , A. D., 2002.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
CaA,s_L
DARRIN M. COKER
CITY ATTORNEY
WAIVER AND RELEASE OF LIABILITY
THE STATE OF TEXAS
COUNTY OF BRAZORIA
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
That I, Clayton Dykes, the undersigned, in consideration for the City of Pearland's
abandonment of the forty foot (40') right of way located adjacent to lots 3 and 4 of the L. W.
Murdock subdivision in the A.C.H.&B.R.R. Co. Survey, Section 2, Abstract 507, within the
corporate city limits of Pearland, Brazoria County, Texas, do hereby release the City of Pearland,
including but not limited to its officers, agents, and employees, in both their public and private
capacities, from and against any and all claims that the undersigned holds or may claim due to
the abandonment.
It is further agreed that the execution of this Release shall not constitute a waiver by the
City of Pearland, of the defense of governmental immunity where applicable or any other
defense recognized by the courts of this state.
SIGNED this ( day of
, 2002.
THE STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned Notary Public, on this day personally appeared
6-/An � itc s , known to me to be the person whose name is subscribed to the
for ping instrument and acknowledged to me that she executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 5 day of
47/i / , 2002.
PERLA N. LEHMAN
Notary Public), State of Teo
My Commission EXplrse:
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OTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
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