§ 26-10. [Procedure for abandoning, altering, closing and vacating streets, alleys, and other public rights-of-way and portions thereof.]

(a)

A person ("requestor") desiring to have the City of Pearland (the "city") exercise its powers regarding the abandoning, altering, closing, or vacating of public streets, alleys, and other public rights-of-way and portions thereof within the city, may request such action by complying with the procedures set forth below.

(b)

If the public right-of-way sought to be abandoned (the "strip") was never accepted as a city street by the city and is located entirely on property (the "property") owned by requestor, requestor may file a plat (the "plat") of the property that removes the strip therefrom for approval by the city, provided:

(1)

The strip is not the sole means of road access for any property adjoining the property; and

(2)

If utility lines or other utility facilities exist in, over, or under the strip, the plat dedicates a utility easement of a size and location equal to the strip, unless the owner(s) of the utility facilities consent in writing to a different size or location of said easement.

(c)

The abandonment of the strip is effective upon recording of the plat in the county plat records following its approval by the city.

(d)

To request that a public street, alley, or other public right-of-way or portion thereof (the "ROW to be abandoned") be abandoned, altered, closed, or vacated where the procedure in subsection (b) is not applicable, an owner ("petitioner") of property (the "property") immediately adjacent to the ROW to be abandoned shall:

(1)

File a written petition with the city secretary, addressed to the Pearland City Council, containing:

a.

A plot plan prepared by a Texas licensed public surveyor showing the property and the ROW to be abandoned;

b.

A list of all owners and lessees of property abutting either: (1) the ROW to be abandoned; or (2) an adjacent road, defined as the portion of any street, alley, or public right-of-way that is contiguous to the ROW to be abandoned but not separated from the ROW to be abandoned by an intersection with another street, alley, or public right-of-way, along with the last known address of each owner and lessee, as evidenced by the city's tax rolls;

c.

A title commitment issued by a title insurance company licensed to do business in the county where the property is located, showing that title to the property is vested in petitioner; and

d.

A check or money order made payable to the City of Pearland in the amount of two hundred fifty dollars ($250.00), as the non-refundable administrative fee for processing said petition.

(e)

Upon receipt of a petition meeting all of the requirements set forth herein, the city secretary shall:

(1)

Mail notices of said petition, along with release forms, by certified mail, return receipt requested, to all owners and lessees of property abutting the property that is being requested to be abandoned, altered, closed, or vacated, and to all owners and lessees of property abutting portions of the street, alley, or public right-of-way that shall remain open; and

(2)

Make written inquiry of each of the public utilities then holding franchises from the City of Pearland, notifying them of such petition and requesting that each said franchise file with the city secretary's office within ten (10) days from the date of their written notice, their position regarding the petition and specifically stating whether they object or consent to the same.

(f)

Upon receipt by the city secretary, of waivers that release the city from any liability for abandoning the ROW to be abandoned, executed by the owners and lessees, and made binding on their heirs, assigns, and successors-in-interest, of property abutting the ROW to be abandoned or an adjacent road, the city secretary shall schedule a public hearing before city council to address said petition and shall publish notice of the same in the city's official newspaper in accordance with state law. The public hearing shall take place after sufficient time has elapsed for mailing of the notices, return of the release forms, and publication of the public hearing.

(g)

The city council may address said petition at a regular or special city council meeting after a public hearing has been held regarding said petition.

(h)

In the event there is an exchange of easement between the City of Pearland and any abutting property owner, said new easement shall be accepted concurrently with the abandoning, altering, closing, or vacating of a public street, alley, or public right-of-way, by city council.

( Ord. No. 788-1 , §§ 1—8, 7-28-14)

Editor's note

Ord. No. 788-1 , §§ 1—8, adopted July 28, 2014, did not specify manner of inclusion; hence, codification as § 26-10 was at the discretion of the editor.