Ord. 0683 12-12-94ORDINANCE NO- 683
AN ORDINANCE WAIVING THE ENCROACHMENT OF A FENCE INTO THE
DEDICATED RIGHT-OF-WAY OF AN UNNAMED ROAD ABUTTING THE
SOUTH SIDE OF LOT 10. WALCOTT'S ADDITION. PEARLAND.
BRAZORIA COUNTY, TEXAS.
WHEREAS, the owners of the subject property have requested
waiver of the existing encroachment and acknowledge that such
waiver extends only for such time as the 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 a fence extending twenty (20) feet or less into the
dedicated, but unimproved, right-of-way of an unnamed road abutting
the south side of Lot 10, Walcott's Addition in the City of
Pearland. Exhibit "A", hereof, which is annexed hereto and
incorporated herein by reference, generally portrays the location
of the subject tract and encroachment.
Section 2. This waiver is effective only to the extent of the
encroachment generally described on the annexed Exhibit.
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 62,9 day of
A. D., 1994.
ATTEST:
PAT JONES / ITY SECRETARY
day
V . �O��iNG�R�YOR
PASSED and APPROVED on Second and Final Reading this the
.-_/, A. D., 1994.
C. V. COPPIN' * MAYOR
ATTEST:
PAT JONES % ITY SECRETARY
APPROVED AS TO FORM*
Y M►TEMCCULL GH
CITY 'TTORNEY
PROTECTIVE COVEN- S
JOSEPH L. MACKIN AND WIFE, BONNIE J. MACKIN are the owners of
record of a certain tract, or parcel of land, generally described
as Lot 10, Walcott's Subdivision, 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 that certain right-of-way for an unnamed road.
CITY OF PEARLAND acknowledges and consents to the encroachment
of a fence which extends twenty feet (20) or less into the
dedicated, but unimproved right-of-way of the unnamed road. CITY
OF PEARLAND'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.
JOSEPH L. MACKIN AND WIFE, BONNIE J. MACKIN agree and covenant
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
encroachment into the dedicated right-of-way of the unnamed road,
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 JOSEPH L.
MACKIN AND WIFE, BONNIE J. MACKIN, expressly acknowledge and
consent to this right, to remove without liability therefore, any
material or structure contributing to the encroachment acknowledge
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 right-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
2
structures. Furthermore, the parties 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, describe herein,
whether by descent, demise, purchase, gift or otherwise.
ACCEPTED ACCEPTED and AGREED to this the �,2._, day
1994.
CITY OF PEARLAND
THE STATE OF TEXAS
COUNTY OF BRAZORIA
PH L. MACKIN
NIE J MACKIN
ACKNOWLEDGMENT
§
BEFO '4';�4E, th undersigned authority, on this day personally
appeared( �2��,LLJ x o�iorna , 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 R MY HAND AND SEAL OF OFFICE, this the day of
, 1994.
/1MMN
; TOMMIE JEAN VIAL
Notary Public, State of Texas
F CG <• Commission Expires 2-25-97
THE STATE OF TEXAS
COUNTY OF BRAZORIA
ACKNOWLEDGMENT
§
5X-1,1-4,c/ 1-4(i
IN AND FOR
THE
PUBLI
STATE OF TEXAS
BEFORE ME, the undersigned authority, on this day personally
appeared JOSEPH L. MACKIN, 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.
GIV N UNDER MY HAND AND SEAL OF OFFICE, this the La day of
, 1994.
SHARON PARKS
Notary Palk . Stets, of Texas
Commis ti Expkvs 3-17-97
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned authority, on this day personally
appeared BONNIE J. MACKIN, known to me to be the person whose name
is subscribed to the foregoing instrument of writing, and
acknowledged to me that she executed the same for the purposes
therein contained.
GIV N UNDER MY HAND AND SEAL OF OFFICE, this the /4 day of
, 1994.
-7&-) eff4-4
SHARON PARKS
Notary Pudic . State of Texas
Commission Expires 3-17-97
4
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS