Ord. 1216 05-09-05ORDINANCE NO. 1216
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, WAIVING THE ENCROACHMENT OF AN AEROBIC SPRINKLER
SYSTEM AND WELL HOUSE INTO THE CITY'S RIGHT-OF-WAY.
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.
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 an
aerobic sprinkler system and well house located at 14525 Almeda School Road (Property)
into the City's right-of-way.
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.
ORDINANCE NO. 1216
PASSED and APPROVED ON FIRST READING this the 25th
April , A. D., 2005.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
day of
ORDINANCE NO. 1216
PASSED and APPROVED ON SECOND AND FINAL READING this the 9th day of
May , A. D., 2005.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
Ca..: 1i. airez-
DARRIN M. COKER
CITY ATTORNEY
RECORDER'S MEMORANDUM:
At the time of recordation, this instrument was found to be
inadequate for the best photographic reproduction because
of illegibility, carbon, or photo -copy, discolored paper, etc.
All blockouts, additions and changes were present at the
time the instrument was filed and recorded.
PROTECTIVE COVENANTS
Timothy D. Stovall ("Stovall") is the owner of record of a certain tract or parcel of
land generally located at 14525 Almeda School Road in the City of Pearland. City
acknowledges and consents to the encroachment of an aerobic sprinkler system and well
house into the 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 the encroachment, and no additional encroachment of any nature
whatsoever shall be construed as having been consented to herein.
STOVALL 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 WHATSO-
EVER 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 STOVALL, STOVALL'S SUCCESSORS OR ASSIGNS, OCCURRING IN
CONNECTION WITH THE HEREINABOVE REFERENCED ENCROACHMENT INTO THE
CITY'S DRAINAGE EASEMENT, AND WHICH ARE CAUSED IN WHOLE OR IN PART
BY THE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES,
SUCCESSORS, OR ASSIGNS. STOVALL SHALL KEEP AND HOLD HARMLESS CITY,
ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY
AND ALL COST, LIABILITY, DAMAGE OR 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 STOVALL 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 CANCELLATION OF THIS AGREEMENT.
City expressly reserves the right, and Stovall expressly acknowledges and consents
to this right, to remove without liability therefore, any material or structure contributing to the
encroachments acknowledged herein, should such removal be desirable in order for the
City to gain access for any reason whatsoever to the right-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.
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.
441
ACCEPTED and AGREED to this the / 4, day of ac y , 2005.
Timothy (. Stovall
CITY OF PEARLAND
By:
Bill Eisen
City Manager
THE STATE OF TEXAS §
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COUNTY OF §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
(i r+o-Fk.. �. S4-6 gal l , known to me to be the person whose name is
subscribed to -he foregoing instrument and acknowledged to me that he/she executed the
same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ' 2 DAY OF
, A.D., 2005.
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THE STATE OF TEXAS
COUNTY OF c.L.zo w
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NOI ARY PUBLIC, STATE OF TEXAS
Commission Expires: /5-- 2-0DC7
Printed Name: ' /cr-
BEFORE ME, the undersigned Notary Public, on this day personally appeared
to (( Ct s-e ri , 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS /DAY OF
o,/w , A.D. , 2005.
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NO iARY UBLIC, STATE OF TEXAS
Commission Expires: `'. /5 •
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