Ord. 0827 10-13-97ORDINANCE NO. 827
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, WAIVING THE ENCROACHMENT OF A PRIVATE PERIMETER
FENCE INTO A GENERAL UTILITY EASEMENT LOCATED AT
2301 AUGUSTA DRIVE, LOT 24, BLOCK 3, GREEN TEE TERRACE
SUBDIVISION, SECTION 7, IN THE CITY OF PEARLAND, HARRIS
COUNTY, TEXAS; AND DECLARING AN EMERGENCY BECAUSE THE
NEED FOR SAID WAIVER INURES TO THE BENEFIT OF THE CITIZENRY
AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE PUBLIC.
WHEREAS, the owner of the subject property has requested waiver of the
existing encroachment and acknowledge that such waiver extends only for such time
as the private perimeter fence shall remain in existence; 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 the
private perimeter fence which extends approximately twenty-four inches (24") at the
northeast end and six inches (6") at the southeast end into a fifteen foot (15') wide
general utility easement located at 2301 Augusta Drive, Lot 24, Block 3, Green Tee
Terrace Subdivision, Section 7, in the City of Pearland, Harris County, Texas.
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 any affected utility and the City of
Pearland.
1
ORDINANCE NO. 827
Section 4. This waiver is subject to receipt of releases executed by
TCI Cablevision of Houston; Southwestern Bell Telephone Company; Entex; and
Houston Lighting & Power Company.
Section 5. Declaration of Emergency. The Council finds and determines that
this waiver inures to the benefit of the citizenry and, therefore, bears directly upon the
health, safety and welfare of the public; 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.
PASSED and APPROVED on First and Only Reading this the / 314, day of
, A. D., 1997.
ATTEST:
APPRD AS TO FORM:
acaelvel
A M TS McCULLOUGH
CITY A1rTORNEY
TOM REID
MAYOR
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EXHIBIT
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2301 Augusta Drive
DESCRIBED PROPERTY
24, Block
the map or
352061 of the
3, of GREEN TEE TERRACE, SECTION 7, according
plat thereof. recorded under Film Code No.
Map Records of Harris County, Texas.
TEXAS LAND
COORDINATORS. INC.
997-1585
13-5W-96
do hereby certify that this siiiycy wns this day mode on the ground
i', PreeettY l000IIV descooe, 7c,cor-, tor on the a.ached sheet'. dor:
°dee! and the, art ntl unit. show, and was :ion,
onde, my supervision, and eoniorms to or execeds slandaids
as adopted by the Texas Board of Professional Land Surveying
Note- There are no nalura: drainage courses on this property
Note1 his properly does net in flood hazard tone accordine, H 11
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PROTECTIVE COVENANTS
Maggie L. Leach ("Owner") is the owner of record of a certain tract or parcel
of land generally described as Lot 24, Block 3, Green Tee Terrace Subdivision,
Section 7, located at 2301 Augusta Drive, Pearland, Harris County, Texas, and being
more particularly depicted in the plat attached hereto as Exhibit "A" and incorporated
herein for all purposes ("Property"). The City of Pearland, a Municipal Corporation and
Body Politic, organized and existing pursuant to the laws of the State of Texas
("City"), is trustee for the easement over, under, and across the property.
City acknowledges and consents to the encroachment of the private perimeter
fence which extends approximately twenty-four inches (24") at the northeast end and
six inches (6") at the southeast end into a fifteen foot (15') wide general utility
easement located on said property. 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.
OWNER 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
OWNER, OWNER'S HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR
ASSIGNS, OCCURRING IN CONNECTION WITH THE HEREINABOVE REFERENCED
1
ENCROACHMENT INTO THE GENERAL UTILITY EASEMENT ON THE PROPERTY, AND
WHICH ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF CITY, ITS
OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. OWNER 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. IT IS THE EXPRESSED INTENTION OF BOTH
OWNER AND CITY THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS
INDEMNITY BY OWNER 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 Owner expressly acknowledges and
consents to this right, to remove without liability therefor, 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 easement. 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
2
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.
ACCEPTED and AGREED to this the j.7 day of 0610b&L, , 19 q
CITY OF PEARLAND
By:
aul Grohman, City Manager
OWNER
3
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA §
AND HARRIS §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Paul Grohman, City Manager of the City of Pearland, Texas, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to
me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 13`4% DAY OF
U C*bber , A.D., 19 417.
LISA D. JONES
CAI NOTARY PUBLIC • STATE OF TEXAS
MY COMMISSION EXPIRES
SEPTEMBER 21,1999
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA §
AND HARRIS §
NOTARY PUBLIC, S
Commission Expires: 96 / (99
Printed Name:t_ha .
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Maggie L. Leach, known to me to be the person whose name is subscribed to the
foregoing 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 I D` 1" DAY OF
est-01,ge , A.D., 19 47.
I,y USA O. JONES
.. ' . NOTARY PUBLIC • STATE OF W AM
1 ; �,* MY COMMISSION EXPIRES
%.4W SEPTEMBER 21,1999 1
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ovirciesevtiowcitigracwovicsocmcriacik
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires: 9/11/9 9
Printed Name: Lis 0, b. J ,yes
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EXHIBIT
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2301 Augusta Drive
i'' DESCRIBED PROPERTY
Lot 24, Block 3, of GREEN TEE TERRACE, SECTION 7, according
to the map or plat thereof. recorded under Film Code No.
352061 of the Map Records of Harris County, Texas.
TEXAS LAND
COORDINATORS. INC.
j 997-1585
5-1 5-96 „ s.
13-5W-96
JOBii 13-5-W-96
do hereby certify that this survey was this dny made on the ground o'
,he property legally described hereon, (or no the attached sheet`, n...
correct, and there are no cncroach�nents unless shown, and was ; ;one h"1r.-
or under my supervision, and conforms to or exceeds the current standards
as adopted by the Texas Board of Professional Land Surveying.
Note' There are no natural drainage courses on this properly.
Note: This properly does not lie Inc flood hazard zone according to H,U.0.'
F.'.A. ¢13,�o7? c7,65 4 9`Z8--1,, ZONE X
143 j
Peter Thompson
Mgr. Eng. Right -of -Way
® Southwestern Bell
October 10, 1997
D. H. Offenburger
Offenburger Construction, Inc.
446 Elder Glen Dr.
Webster, Texas 77508
Re: Encroachment of Fence at 2301 Augusta Drive
Dear Mr. Offenburger:
Southwestern Bell Telephone
14575 Presidio Square
Room 230
Houston, Texas 77083
Southwestern Bell Telephone Company offers no objection to the fence encroaching the
8 foot utility easement along or abutting the most easterly property line as depicted in the
attached document shown as Exhibit "A". Being Lot 24, Block 3, of Green Tee Terrace,
Section 7, according to the map or plat thereof, recorded under Film Code No. 352061 of
the Map Records of Harris County, Texas.
Questions on this matter my be referred to me at 281 561-4625.
Sincerely,
Peter Thompson
Manager -Engineering Design
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EXHIBIT "A"
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THIS SURVEY DONE WITIIUUT TILE BENEFIT Ur INFOANATrON CONTAINED 1N TITLE
COMMITMENT. AS Yt1< UWNYI+;S MUM.
Ovit('
atscwtoca MOPE
230 Augusta Orivc
Lot 24, flock 1, of GWEN TEE TERRACt. St:CTION 7, accordiuy
to the may vx plat th.=eQt. recorded under f11m Coda Mo.
352061 of the Map Records of 1Iarri. counLy, Texas.
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October 10, 1997
Mr. David H. Offenburger
446 Elder Glen Dr.
Webster, Texas 77598-2615
A ENERGY COMPANY
Re: Encroachment of a fence into a eight(8) foot utility easement in Lot 24, Block 3,
of Green Tee Terrance, Section 7, Harris County, Texas
Dear Mr. Offenburger:
Entex, a NorAm Energy Company is the owner of an interest in a eight (8) foot
wide utility easement being the most southeasterly eight (8) foot of Lot 24, Block 3 of
Green Tee Terrace, Section 7 in Harris County, Texas. Entex has no objections to the
encroachment of a fence into said easement referenced above.
If I can be of further help with this matter, please contact me at (713) 654-5657.
Sincerely,
George Z hora
Texas Coast Division
GZ,Jr/mt
c: Tom E. Mullens
October 10, 1997
e:\word\tompkins\gz21 doc
1600 Smith Street • P.O. Box 2628 • Houston, Texas 77252-2628 • 713 / 654-5100
HL&P
Houston Lighting & Power P.O. Box 1700 Houston, Texas 77251-1700
October 9, 1997
Mr. David Offenburger
Offenburger Construction Inc.
446 Elder Glen Dr.
Webster, TX 77598-2615
Re: 2301 August Drive
Dear Mr. Offenburger:
Houston Lighting & Power has reviewed your request for a letter of no objection for an
existing rod iron fence in the water line easement and accross a portion of an eight (8) foot utility
easement. Upon our review, this company has no objection to the existing fence.
SKW
If you have any questions, or need additional information, please call me at 207-6033.
Sincerely,
Stephanie K. Wiggins
Right of Way Technician
Land & Right of Way
Al4t;iy.6
A Division of Houston Industries Incorporated
7.1
ICI (.:anicvision of 14ouston
4',"9IS. Wilyide Dr.
Noustm, TcY..33
facsimile transmittal
To: David. Offenburger Fax: 2S 1 -486-7944
From: Pisa Griscom Date: 10/13/97
Waiver — Ciry of Pcariami Pages:
Phone: 7-649.2233 Fax: 713-645-8961
1:-.1Jrc,i3nt 0 For Review 0 PleaComment El Please Reply
Mr. OlfPi 'burger:
:'eference to your correspondence concerning a waiver at 2301 Auct,i7
ICI has no objection to the waiver of encroachment you have reque-o.
City ol Pe viand at this location,
Clr,r4V1 " me if there are any questions.
tiyste,n., Dosign Supervisor
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