Ord. 0684 12-12-94ORDINANCE NO. 684
AN ORDINANCE WAIVING THE ENCROACHMENT OF FENCES AND AN
UNDERGROUND FUEL TANK INTAKE INTO THE DEDICATED RIGHT-OF-
WAY OF SOUTH GALVESTON AND LOCKHEED STREETS, PEARLAND,
BRAZORIA COUNTY, TEXAS.
WHEREAS, the owner of Houston Helicopter, Inc. has requested
a waiver of the existing encroachments and acknowledges that such
waiver extends only for such time as the fences and underground
fuel tank intake 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 fences extending ten (10) feet or less into the
dedicated right-of-way of South Galveston and Lockheed Streets and
the encroachment of an underground fuel tank intake extending ten
(10) feet or less into the dedicated right-of-way of Lockheed
Street. Exhibit "A", hereof, which is annexed hereto and
incorporated herein by reference, generally portrays the location
of the subject tract and encroachments.
Section 2. This waiver is effective only to the extent of the
encroachments generally described on the annexed Exhibit "A".
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.
PASSED and APPROVED on First Reading this the /02.. day of
/ A . D., 1994. 7 : 0 D P/iI <.`1C, i��u.-�i�./ ���✓'�
C. V. COPP G,`, MAYO
ATTEST:
JONES / ITY SECRETARY
PASSED and APPROVED on Second and Final Reading this the /;;L--1
day o�� , A. D., 19 9 4 . " 0 v2-) CG
C. V.
ATTEST:
PAT JONES.I ITY SECRETARY
APP••VED AS TO FO'M:
MAYOR
Y MOT SCULL • H
CITY AT ORNEY
PROTECTIVE COVENANTS
FELTON M. BAKER, as owner of Houston Helicopter, Inc., is the
owner of record of certain tracts, or parcels of land, generally
described as Lots 9 and 10, Block 4, Airport Subdivision, Section
4, in Pearland, Texas. CITY OF PEARLAND, a Municipal Corporation
and Body Politic, organized and existing pursuant to the laws of
the State of Texas, is trustee for the public of those certain
rights -of -way for South Galveston and Lockheed Streets.
CITY OF PEARLAND acknowledges and consents to the encroachment
of fences which extend ten (10) feet or less into the dedicated
rights -of -way of South Galveston and Lockheed Streets and the
encroachment of an underground fuel tank intake extending ten (10)
feet or less into the dedicated right-of-way of Lockheed Street.
CITY OF PEARLAND's acknowledgment and consent is specifically
limited to the encroachments herein described, and as described in
the ordinance waiving encroachments, and no additional
encroachments of any nature whatsoever shall be construed as having
been consented to herein.
FELTON M. BAKER, agrees and covenants to indemnify and hold
harmless CITY OF PEARLAND, its successors and assigns, from and
against any and all liability, claims, losses, demands, injury or
other casualty to property or to persons, including costs and
attorney's fees, caused by, growing out of, or occurring in
connection with the hereinabove referenced encroachments into the
dedicated rights -of -way of South Galveston and Lockheed Streets,
even if CITY OF PEARLAND is shown to be negligent or grossly
negligent in whole or in part.
CITY OF PEARLAND expressly reserves the right, and FELTON M.
BAKER expressly acknowledges and consents to this right, to remove
without liability therefor, any material or structure contributing
to the encroachments acknowledged herein, should such removal be
desirable in order for CITY OF PEARLAND to gain access for any
reason whatsoever to the CITY OF PEARLAND's properties in or on
such rights -of -way. The parties hereto expressly agree that CITY
OF PEARLAND shall in no way be liable for any removal and/or damage
done to such materials and/or structures. Furthermore, the parties
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hereto specifically agree that CITY OF PEARLAND 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 /2. day o�.c..
1994.
THE STATE OF TEXAS
COUNTY OF BRAZORIA
CITY OF PEARLAND
FELTON M.'BAKER for
HOUSTON HELICOPTER, INC.
ACKNOWLEDGMENT
§
BEFORE ME, the undersigned authority, on this day personally
appeared PAUL GROHMAN, known to me to be the person whose name is
subscribed to the foregoing instrument of writing, and acknowledged
to me that he executed the same for the purposes and consideration
therein expressed and as an act and deed of said CITY OF PEARLAND,
TEXAS.
GIVEN U DER MY HAND AND SEAL OF OFFICE, this the L-5 day of
,ULIii , 1994.
TOMMIE JEAN VIAL
Notary Public, State of Texas
Commission Expires 2-25-97
THE STATE OF TEXAS
COUNTY OF BRAZORIA
NOTARY PUBLIPl IN AND FOR
ACKNOWLEDGMENT
§
THE STATE OF TEXAS
BEFORE ME, the undersigned authority, on this day personally
appeared FELTON M. BAKER, known to me to be the person whose name
is subscribed to the foregoing instrument of writing, and
acknowledged to me that he executed the same for the purposes
therein contained.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the l5 day of
.te Q«N. , 1994.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
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