Ord. 1046 11-26-01ORDINANCE NO. 1046
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ABANDONING A CERTAIN TWENTY FOOT (20') WIDE ALLEY
AND RELATED SEWER LINE LOCATED IN BLOCK 11 OF THE
PEARLAND TOWN SITE, 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
twenty foot (20') wide alley described in Exhibit "A," attached hereto and made a part
hereof for all purposes, and generally located in Block 11 of the Pearland Town Site; 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 alley.
Section 2. That said alley and related sewer line located in Block 11 of the
Pearland Town Site, evidenced by Exhibit "A," are 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 alley and related sewer line is contingent upon
the execution of the Waiver and Release of Liability, attached hereto as Exhibit "B," by the
property owner.
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ORDINANCE NO. 1046
Section 6. Abandonment of the alley and related sewer line is also contingent
upon the execution of an agreement between the property owner and Reliant-Entex for the
relocation of the existing gas lines to a location agreeable to Reliant-Entex.
Section 7. 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 8. 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 9. Effective Date. This Ordinance shall become effective upon passage
and approval of its second reading.
Section 10. Declaration of Emergency. The Council finds and determines that
the need to abandon certain alley's inures to the benefit of the traveling public and,
therefore, bears directly upon the health, safety and welfare of the citizenry; and that this
Ordinance shall be adopted as an emergency measure, and that the rule requiring this
Ordinance to be read on two (2) separate occasions be, and the same is hereby waived.
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ORDINANCE NO. 1046
PASSED and APPROVED on First and Only Reading this the 26 day of
November , A. D., 2001.
ATTEST:
APPROVED AS TO FORM:
cviA„,_.‘ H-(eL
DARRIN M. COKER
CITY ATTORNEY
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T5- ) °)'kt-) ---IP
OM REID
MAYOR
WALKER L. TREESH
Registered Professional Land Survey
P.O. Box 2113
Pearland, Texas 77588
(281) 485-5191
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EXHIBIT
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FIELD NOTE DESCRIPTION OF 5,500.00 SQUARE FEET OF LAND BEING THE 20 FOOT
ALLEY LYING BETWEEN LOTS 9 THROUGH 19 AND LOTS 30 THROUGH 40, ALL IN BLOCK
11, PEARLAND TOWNSITE, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR
PLAT THEREOF RECORDED IN VOLUME 2, PAGE 17 OF THE PLAT RECORDS OF BRA-
ZORIA COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at a 1 inch iron pipe found at the northeast comer of the aforementioned Lot 9;
THENCE EAST, a distance of 20.00 feet to an "X" in concrete walk found at the northwest comer
of said Lot 40;
THENCE SOUTH, along the west line of Lots 40 through 30, a distance of 275.00 feet to the
southwest comer of said Lot 30;
THENCE WEST, a distance of 20.00 feet to the southeast comer of said Lot 19;
THENCE NORTH, along the east line of said Lots 19 through 9, a distance of 275.00 feet to the
PLACE OF BEGINNING and containing 5,500.00 square feet of land.
Walker L. Treesh, R.P.L.S. No. 1895
August 30, 2001
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