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Ord. 1186 11-08-04ORDINANCE NO. 1186 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A MONUMENT SIGN INTO THE CITY'S RIGHT-OF-WAY AT THE INTERSECTION OF BAILEY ROAD AND LAWRENCE PLACE. WHEREAS, the owner of the subject property has requested a waiver of encroachment and acknowledges that such waiver extends until such time as the City desires to gain access for any reason whatsoever to the City's interest in or on such right-of-way; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City of Pearland hereby waives the encroachment of a monument sign into the City's right-of-way of located at the intersection of Bailey Road and Lawrence Place. Section 2. This waiver is effective only to the extent of the encroachment generally described herein and depicted in Exhibit "A" attached hereto and incorporated herein for all purposes. Section 3. This waiver is further effective only upon the execution of the Protective Covenants in a form acceptable to the City of Pearland. 1 ORDINANCE NO. 1186 PASSED and APPROVED ON FIRST READING this the 8th November , A. D., 2004. ATTEST: UNG Y SETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 TOM REID MAYOR day of ORDINANCE NO. 1186 PASSED and APPROVED ON SECOND AND FINAL READING this the 22nd day of November , A. D., 2004. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 3 Exhibit "A" Ordinance 1186 PROTECTIVE COVENANTS Kirby Run Associates, L.P. ("KRA") is the owner of record of certain property generally located at the intersection of Bailey Road and Lawrence Place. The City of Pearland, a Municipal Corporation organized and existing pursuant to the laws of the State of Texas ("City"), owns the right-of-way located at the intersection of Bailey Road and Lawrence Place. City acknowledges and consents to the encroachment of a monument sign into the City's right-of-way as depicted in Exhibit "A". City's acknowledgment and consent is specifically limited to the encroachment herein described, and as described in the Ordinance waiving encroachment, and no additional encroachment of any nature whatsoever shall be construed as having been consented to herein. KRA DOES HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS OR CAUSES OF ACTION OF WHATSOEVER CHARACTER OR NATURE ARISING FROM OR BY REASON OF ANY AND ALL BODILY OR PERSONAL INJURIES, INCLUDING DEATH AND MENTAL ANGUISH, DAMAGE TO PROPERTY AND THE CONSEQUENCES THEREOF WHICH MAY BE SUSTAINED BY KRA, KRA's SUCCESSORS OR ASSIGNS, OCCURRING IN CONNECTION WITH THE HEREINABOVE REFERENCED ENCROACHMENT INTO THE CITY' S RIGHTS -OF -WAY, AND WHICH ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. KRA SHALL KEEP AND HOLD HARMLESS CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COST, LIABILITY, DAMAGE OR 1 EXPENSE OF ANY NATURE AND HOWSOEVER CAUSED, CLAIMED OR RECOVERED BY ANYONE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS ARISING IN CONNECTION WITH THE HEREINABOVE REFERENCED ENCROACHMENT, TO THE EXTENT ALLOWED BY LAW. IT IS THE EXPRESSED INTENTION OF BOTH KRA AND CITY THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS INDEMNITY BY DISTRICT TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF THE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS WHETHER SUCH NEGLIGENCE BE SOLE, JOINT, OR CONCURRENT, ACTIVE OR PASSIVE. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION, EXPIRATION, OR CANCELLA- TION OF THIS AGREEMENT. City expressly reserves the right, and KRA expressly acknowledges and consents to this right, to remove without liability therefore, any material or structure contributing to the encroachment acknowledged herein, should such removal be desirable in order for the City to gain access for any reason whatsoever to the City's interests in or on such rights -of -way. The parties hereto expressly agree that City shall in no way be liable for any removal and/or damage done to such materials and/or structures. Furthermore, the parties hereto specifically agree that City shall under no circumstances be under any duty or responsibility to restore any materials and/or structures so removed and/or damaged. 2 The conditions and covenants are hereby declared to be covenants running with the land and shall be fully binding upon all persons acquiring any interest in the property described herein, whether by descent, demise, purchase, gift, or otherwise. ACCEPTED and AGREED to this the aanciday of Nooeamro, 2004. CITY OF PEARLAND By: Bill Eisen City Manager Kirby R ssociat�s, . OWNS By: 2L. L. 3 {$ Printed Name: 0v2e� L . NLc. Title: ,ma i ><N�ittb.k quAcLeAkwif, I C. &? 3 THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned Notary Public, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. 47 GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 42nd DAY OF , A.D., 2004. =:2 NOTARY PUBLIC, STATE OF TEXAS Commission Expires: I/.29/07 Printed Name: te.4k54a /121cok atition-Sco-H- Dac* 2004071698 Pages 8 12/83/2804 2:42Pt4 Official Records of BRAZORIA COUNTY COUNTY OWM CLERK Fees $28.00 goy c4,u46. 4 Kirby Run Management, Inc. October 22, 2004 Mr. Darrin Coker City of Pearland Attorney 3519 Liberty Dr. Pearland, Tx. 77581 3411 Parkside Drive Pearland, TX. 77584-2995 Fax. 281-489-2228 E-mail: Pierre@pierrenys.com REF: Request for Waiver of ROW Encroachment at Lawrence Place Subdivision Bailey Road Entrance Dear Darrin: This request was generated by permit application number 04-00004078 for construction of entryway features at Lawrence Place in Pearland. Larry Boles requested that I obtain a waiver of encroachment as a condition of permit approval. I have attached as per your request an elevation of the signage to be located at the main entrance in a median in the right of way. I have also attached a reduced copy of the plat showing same location. The owner of the property is Kirby Run Associates, LP, located at 3411 Parkside Dr. Pearland, TX. 77584-2995. Kirby Run Management, Inc. GP located at 3411 Parkside Dr. Pearland, TX. 77584 is the general partner of this limited partnership. I am the President of Kirby Run Management. Responsibility for maintenance of landscaping and fencing in reserves and the median of this particular right of way is with the Lawrence Place HOA, Inc., located at 3411 Parkside Dr. Pearland, TX. 77584. I hereby request a waiver to build and install a section of masonry wall that will contain the subdivision name as shown in the attached renderings and location. Please feel free to contact me should you require any further information. Sincerely,fl 7\js° Pierre Nys President Kirby Run Management , Inc. GP Attached: location and elevation and reduced plat of Lawrence Place BAILEY ROAD 1 00' R.O.W. J J O W PIER CAP DURANGO 2 OR s LO a CUT SOLDIER COURSE a.. CONCRETE WALL ..5—.Z „0 6 „Z—,5 „2 CONCRETE BEAM 0 J Z W F— W 0000> / Q < cc M 0i 0(n0 /rb w.n r1. 01.104 LT 01 { KW ZANG/. 470Y 1NlI71,00. v 2. 60.12 6r1ir�9tA- LOT r-A a11111 4.1014 (IF000P11 Gl-li-rM '0 t• 0110111211.110211 K 70/-710 2CP.0) :ESTRICTED :ESERVE "A (03-761 22.1 tSTRICTED SERVE " B " W O 1L o94 � Oj n ti Q __M • t SET RAILROAD SPRY N 0. (00070N �) 77 101-7101c.AJ/ ,NO CITY LIMB' WA ORNE (50' R W) Al (060.0100011 RAN) RESERVE PURPOSE Sq. Pt ACRES A IANDSCAPI•YIR1c01 2,696 0.013 H LANDSCAPE/FENCE 3J30 0.062 IHDNTIONMiN0 I03313 2.4114 0 DRAINAGE 2.300 0037 R IANUVCAPI: 3,291 0.121 N IANIX:CAPE/FENCE 2,336 0.034 0 LANOBIAPWEISI CL1 17,944 0.412 H INTIRNIT(R1/PIPL5.INN 239,076 SAY/ 1 DRNNAOP)PLPOUNB 3,420 0.129 J LANDSCAPE 1,761 0.040 K 60(CO UTEEIAUFIN(.1L 14318 0.571 LOT21 I arm cA••COn n AGEf tor PT f1CTIoN II IMDI- la PG f004110 wc.PAR I I IOr iC RIOT 21 vv., 0 L0E ro A,Ity O, 08 J 80r r7 LOt ' I rs �or r1 lLW IJ_le'1 _Oa f 1 ( Ma. vs re ta-200 ac w 1 1 I I r2421. 2 )V0o 1 x Srtvm• r-im• § ` '"1' ,,,;, ,°C"'o"„ M0F1N P 0V N 89'57 le" E 1,320.23' COEED-N 09•55�29` F 1.J20.007 I war 0000 o4- r - - - Y PG rA4xD- - --ws7-ae• Y-I o2' - -K.2 .wx ln« - - - - -- -- - - - I A3 ig 1 ( mrw:w 1m uxtp Y r 77'w 1■ 1 nM J 07 fx30' •7 90 4 REM t1 P.0.8.: I SET RAILROAD I10L 00. Po, M0-0r0 6CPA.) 1 PLAT RECORDS Yo1.43.Pacdes9p 11 0 .3 Iw_NNDMfn Boum LSE Cr BAYEY R010 Lar r O COSY A A.M. CT 11 0 _ 04-lLIHO� \0 Ty i/ 1� � 840446E PLAce 18 BLACK I LC1±w3i4_ 100. _ F.- J I IC rbidamemiti,• IME OF WAIT NOV 0E0Yw, . L011Y 11 aM f- 1 95) w r0Y Waal _ a SIRS 0111013.3rC MAC BE. _'m K_ _ Ta0{L S wane W 782.84' RESTRICTED RESERVE "D ACREAGE LIVIE Of 64000 40' 000004083 1N2111000 SWOON 3 110. 70 OW 70II (02-0.1008 03-10-1601 E "210:SY Ik ' 4 1"...-TT BLACK 2 a 15f:/ 16P. 6 stiAl I. I I mar 21 STY 6N 121w ,M Or 2 1 .. w I ---1. 0 RAO 83 yU� 90032'A•i 20177 ,, NQJI�,oa l0.08 j� TE / % 3r1ai«,7tti6.077 461E w.NNos-owalYarj ius-sir aiE.., Y ii I1 w�. - --•- - x6R11"o441" a. w°n� .). BAILEY ROAD (C.R. f 0 f) MAY VARIES)SET RAILROAD 1 ' rater "gl/R°6' rJ ` `" "�'"°`�`ssJ 13v I, el >: SPIKE IN ASPHALT(DEEP-S 89.5529' W) S s9's2':''9" W 55.�.53' tt AU1D f>yU. AOw t3Yr. 60001 LINE BL0011 SET RAILROADHIV S1t, I� Itf Bm0 IA 9 �10 or � SPIKE IN ASPHALT .. 1Ly= _ H1o.1ro qe O.R, uvt(X ire Mclii-ou-is, 7h t`T� 2 w3lcft:laliii --- - © Q o "a R 1 60 034Ct PONT 7D /YW M 0734'1Y RAD 83 000 COORDINATE XI 3,141,671.39 Y. 13,780,303.25 RESTRICTED RESERVE "!" FN0.5/81R $-RESTRICTED ( RESERVE "I" RESTRICTED " RESERVE " (3 " - RESTRICTED RESERVE "E" I1030 GM IM004 NIX 1Dft PA 533-0AOH wog/ 011-00,930 Proeose4 RESTRICTED RESERVE 11 F " 0 602 IfAbIM[600x1V E1/I. NC. _ 0 _ S.60I-100 vow,: 00.) MEADOWLARK SUBDIVISION (UNRECORDED) O M 11-1.00.10 1E2 WA. 00 0,1,0100 Ns0 WO 1 0.4.0 0.0%311 .2 7RI/S11E arrtos MO? (101. 100.2PC>23 210012 30T 21116.060I.1N• W.fY11W' swap TO Memos-oi r10sBP0q) AMMO MI, tE Id e�nu LOT 1 ALLISON RICHEY GULF COAST HOME Co. SUBDIVISION OF SECTION 25 (VOL. 2, PC. 10 B. C.P.R.) O AST A 0241 1 NOON EVA PVC 0090T 100-00.2 C10.1!'A 0torff. FrOA 0. t PEARLAND CRY LIMIT NOIF. COORDINATES SHOWN ARE REFERENCED TO THE TEXAS COORDINATE 0TS10M OF 1983, SOUTH CENTRAL ZONE. BASED ON CITY OF PEARLAND INS MONUMENT No. 7. INSTANCES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY MULTIPLYING BY A COMBINED SCALE FACTOR OF 0.999872, AS PER CRY OF PEARLAND CPS MONUMENT No. 7. (THE PUBLISHED PROJECTION SCALE FACTOR OF (IPS No. 7 IS 0.9998709). ALL COORDINATE VALUES SHOWN ARE CRM COORDINATES. 1 ci 52 C3 CA C55 a C7 C5 CIt 01' 017 CI3 C14 Cs a6 C17 G16 CIS C2+ C22 C23 C2+ C25 C26 C2/ C24 029 030 C31 02 03 C30 036 C37 Cola 00 C0U C/1 04x 043 a. Cw C49 C47 csa 040 C5o C81 002 C34 CPA 057 008 C50 000 C61 082 08 Doc* 2004071698 CERTIFICATION THE STATE OF TEXAS COUNTIES OF BRAZORIA, HARRIS & FT. BEND. I, LaKeisha Cannon -Scott, Deputy City Secretary of the City of Pearland, Texas, hereby certify that the attached constitutes a true and correct copy of ORDINANCE NO. 1186 duly passed and approved on its Second and Final Reading by the City Council on the 22nd day of October 2004. Witness my hand and seal of the City of Pearland, Texas, this 29th day of November, 2004, at Pearland, Texas. (SEAL) I• LaKeisha Cannon -Scott Deputy City Secretary 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19.281-652-1600 • www.ci.pearland.tx.us Printed on Recycled Paper 0